ORDINANCE - Quasi-Judicial procedures - 1-6-14

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