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O 0 <br />BK:00026 PG:0246 <br />AN ORDINANCE AMENDING <br />THE LEE COUNTY UNIFIED DEVELOPMENT ORDINANCE <br />BE IT ORDAINED by the Board of Commissioners for Lee County, North Carolina that the Unified <br />Development Ordinance be, and it hereby is, amended as follows: <br />Section 1. That Article Two, Administrati%e Agencies, Subsection 2.2.6 "QUASI-JUDICIAL <br />PROCEDURES", be rewritten as follows: <br />2.2.6 QUASI-JUDICIAL PROCEDURES. <br />The consideration of any appeal, variance, or interpretation, as provided above, shall be <br />in accordance with the quasi-judicial procedures as set forth in §§ 3.1.5.3, 3.5, 3.7 and 3.8 <br />of this Ordinance. <br />Section 2. That Article Two, Administrative Agencies, Subsection 2.2.6 "CONFLICT OF <br />INTEREST", be rewritten as follows: <br />2.2.7 CONFLICT OF INTEREST <br />A member of the board or any other body exercising quasi-judicial functions pursuant to <br />this Ordinance shall not participate in or vote on any quasi-judicial matter in a manner <br />that would violate affected persons' constitutional rights to an impartial decision maker. <br />Impermissible conflicts include, but are not limited to, a member having a fixed opinion <br />prior to hearing the matter that is not susceptible to change, undisclosed ex parte <br />communications, a close familial, business, or other associational relationship with an <br />affected person, or a financial interest in the outcome of the matter. If an objection is <br />raised to a member's participation and that member does not recuse himself or herself, the <br />remaining members shall by majority vote rule on the objection. <br />Section 3. That Article Three, Zoning and Permitting Procedures, Subsection 3.1.5.3 <br />"Applicability", be rewritten as follows: <br />3.1.5.3.1 Applicability. The provisions of this section apply to any application for a <br />special use permit, variance, appeal, or any other quasi-judicial action. The board <br />deciding such action(s) shall determine contested facts and make its decision within a <br />reasonable time. Every quasi-judicial decision shall be based upon competent, material, <br />and substantial evidence in the record. Each quasi-judicial decision shall be reduced to <br />writing and reflect the board's determination of contested facts and their application to the <br />applicable standards. The written decision shall be signed by the chair or other duly <br />authorized member of the board of adjustment. A quasi-judicial decision is effective upon <br />filing the written decision with the clerk to the board or such other office or official as the <br />ordinance specifies. The decision of the board shall be delivered by personal delivery, <br />electronic mail, or by first-class mail to the applicant, property owner, and to any person <br />who has submitted a written request for a copy, prior to the date the decision becomes <br />effective. The person required to provide notice shall certify that proper notice has been <br />made. (Every quasi-judicial decision shall be subject to review by the superior court by <br />