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

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© BK: 00026 PG: 02 47 0 Proceedings in the nature of certiorari pursuant to G.S. 160A-393. A petition for review shall be filed with the clerk of superior court by the later of 30 days after the decision is effective or after a written copy thereof is given in accordance of this subsection When first-class mail is used to deliver notice, three days shall be added to the time to file the petition. Section 4. That Article Three, Zoning and Permitting Procedures, Subsection 3.1.5.3.4 "Notice Provisions", be rewritten as follows: 3.1.5.3.4 Notice Provisions. Notice of hearings conducted pursuant to this section shall be mailed to the person or entity whose appeal, application, or request is the subject of the hearing; to the owner of the property that is the subject of the hearing if the owner did not initiate the hearing to the owners of all parcels of land abutting the parcel of land that is the subject of the hearing and to any other persons entitled to receive notice as provided by the zoning or unified development ordinance. In the absence of evidence to the contrary, the city may rely on the county tax listing to determine owners of property entitled to mailed notice. The notice must be deposited in the mail at least 10 days, but not more than 25 days, prior to the date of the hearing. Within that same time period, the city shall also prominently post a notice of the hearing on the site that is the subject of the hearing or on an adjacent street or highway right-of-way. Section 5. That Article Three, Zoning and Permitting Procedures, Subsection 3.5.3.5 "Voting", be rewritten as follows: 3.5.3.5 Voting. A majority of the members of the Board of Adjustment shall be required to decide on whether or not to grant a special use permit. For the purposes of this subsection, vacant positions on the board and members who are disqualified from voting on a quasi-judicial matter shall not be considered members of the board for calculation of the requisite majority if there are no qualified alternates available to take the place of such members. Section 6. That Article Three, Zoning and Permitting Procedures, Subsection 3.5.3.6 be rewritten as follows: 3.5.3.6 The Board may impose additional conditions upon granting the Special Use Permit so long as said conditions as reasonable and appropriate. Section 7. That Article Three, Zoning and Permitting Procedures, Subsection 3.7 "APPEALS AND VARIANCES be rewritten as follows: 3.7 VARIANCES 3.7.1 PURPOSE. 2