Unified Development Ordinance, 34th Supplement, October 2024

Article 10.2. Review Procedures | CHAPTER 10. ADMINISTRATION

D. Additional Requirements 1. Quasi-Judicial Public Hearing Requirements

6. Notice of Decision a. Except when notice is provided by permit issuance, notice of decision shall provide at least the following: i. A case number; ii. The address of the subject property (if available and relevant); iii. The general location of the land (if relevant) that was the subject of the application, which may include a location map; iv. A description of the application; v. The date the application was decided; vi. A description of whether the application was approved, approved with conditions or denied; vii. A phone number and e-mail address to contact the City; and viii.The address for the City’s web portal. b. Unless otherwise stated by general law, this UDO or by the rules of procedure adopted by the applicable reviewing body, within 10 business days following the effective date of a decision, a copy of the decision shall be sent by either electronic notification or first class mailing to the applicant and the property owner (if the property owner is not the applicant) and filed with the City, where it shall be made available for public inspection during regular office hours. In the case of permit issuance, receipt of the permit by the applicant, contractor, property owner or their representative shall constitute written notice of the decision. c. In the case of a quasi-judicial decision, notice of the decision shall also be given to the applicant, the property owner (if the property owner is not the applicant) and each person who has filed a written request for notice with the presiding officer or secretary of the reviewing body (if any) at the time of the hearing of the case, with such notice to be delivered to the requesting party by either personal service or by registered mail or certified mail, return receipt requested.

For notice and hearing requirements applicable to each quasi-judicial procedure see Sec. 10.1.8. a. Rules of Procedure i. In all quasi-judicial hearings, rulings must be based only upon the evidence received by the reviewing body at the hearing. ii. The review body shall act as an impartial decision-maker. See Sec. 10.1.9.D. for additional requirements of an impartial decision maker. iii. The reviewing body shall act as a fact-finding body and shall approve or disapprove the application in accordance with the evidence presented before it which is substantial, competent, relevant and material. iv. The burden of proof is upon the party who files the application and if the party fails to meet its burden, the reviewing body shall deny the request. b. Conduct of Hearing i. The presiding officer of the reviewing body shall call the proceedings to order and announce that the hearing has begun. ii. All witnesses who are to testify at the hearing shall be sworn in. iii. The City's officer shall briefly describe the applicant’s request, introduce and review all relevant City Code provisions and answer questions from the reviewing body. iv. The applicant (if acting in a pro se capacity) or their legal counsel shall present the case in support of its application. v. Parties in interest, including the City, shall have the right to present evidence and cross-examine witnesses, as to any competent, material and relevant facts, inspect documents and make oral argument. vi. Counsel for the reviewing body may advise the reviewing body as to the applicable law and the findings of fact that must be made to approve or deny the request.

Supp. No. 34

10 – 14 Published October 2024

Part 10: Unified Development Ordinance City of Raleigh, North Carolina