Unified Development Ordinance, 31st Supplement, May 2024

CHAPTER 10. ADMINISTRATION | Article 10.2. Review Procedures

vii. The reviewing body shall conduct open deliberation of the application. The presiding officer of the reviewing body shall have the discretion to reopen proceedings for additional testimony or argument by the parties when the reviewing body determines that a decision cannot be made with the testimony at hand. viii.Reasonable and appropriate conditions and safeguards may be imposed as part of any approval. A condition offered by the reviewing body for an approval must be related to the evidence received by the reviewing body at the hearing as provided for under all applicable State and local laws. ix. Every decision shall include the vote, abstention from voting or absence of each member. The decision, including findings of fact and conclusions of law, shall be filed with the City Clerk. A written copy of the decision shall be delivered in accordance with Sec. 10.2.1.C.6. x. The presiding officer of the reviewing body shall rule on the admissibility of evidence and make determinations on whether evidence is competent, material, relevant or redundant. c. Examination Members of the reviewing body may ask questions of persons presenting testimony or evidence at any time during the proceedings until commencement of deliberation. d. Cross-Examination of Witnesses After each witness testifies, testimony is subject to cross-examination. e. Rules of Evidence i. Competent evidence shall not preclude reliance by the decision making board on evidence that would not be admissible under the rules of evidence as applied in the trial division of the General Court of Justice if; a) The evidence was admitted without objection; or b) The evidence appears to be sufficiently trustworthy and was admitted under such circumstances that it was reasonable for the reviewing body to rely upon it.

ii. Competent evidence shall not be deemed to include the opinion testimony of lay witnesses as to any of the following: a) The use of property in a particular way would affect the value of other property; b) The increase in vehicular traffic resulting from a proposed development would pose a danger to the public safety; and c) Matters about which only expert testimony would generally be admissible under the rules of evidence. iii. Documentary business records may be presented in the form of a copy or the original. Upon request, parties shall be given an opportunity to compare the copy with the original. f. Statements of Counsel Statements of counsel, or any individual acting in a pro se capacity, shall only be considered as argument and not testimony unless counsel or the individual is sworn in and the testimony is based on actual personal knowledge of the matters which are the subject of the statements. g. Continuances and Deferrals The reviewing body shall consider requests for continuances and may grant continuances in its sole discretion. If, in the opinion of the reviewing body, any testimony or documentary evidence or information presented at the hearing justifies allowing additional research or review in order to properly determine the issue presented, then the reviewing body may continue the matter to a time certain to allow for such research or review.

10 – 15 Published May 2024

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

Supp. No. 31