UDO Standards For Quasi‐judicial Public Hearing Procedures
UDO Article 30‐2: Administration, Section B: Common Review Procedures, Subsection 14: Quasi‐Judicial Public Hearing Procedures.
Burden of evidentiary proof is on the applicant and must be based on:
Competent evidence
Material evidence
Substantial evidence
Order of Proceedings
UDO Standard Quasi‐Judicial Public Hearing Procedures:
Swearing in
Ex parte (communication of information or evidence outside the meeting) disclosure
Presentation of staff report
Applicant presentation
Affected parties’ presentations
Public comment
Rebuttal
Conclusion
Close
BOA Authority NCGS § 160A‐388
Interpretation
Interpret meaning of ordinance parts that are not clear; apply the ordinance to particular fact situations; correct mistakes or abuse of discretion in administering the ordinance.
Appeals
Hear and decide appeals from and review any order, requirement, decision, or determination made by an administrative official charged which the enforcement of that ordinance.
Variances
Vary or modify any of the regulations or provisions of the ordinance so that the spirit of the ordinance shall be observed, public safety and welfare secured, and substantial justice done.
Interpretations
Interpreting involves:
Interpreting the meaning of parts of the ordinance that
are unclear
Applying the ordinance to particular fact situations
Correcting any mistakes or abuses of discretion made in administering the ordinance
For Interpretations, the BOA Cannot Vary the Ordinance!
The BOA can interpret actual meaning and intent
The BOA can apply what the Governing Body intended
Appeals
Board may
Reverse
Affirm wholly or partly
Modify
Board must make any order, requirement, decision or determination necessary
Board has all powers of the officer from whom the appeal is taken, but ONLY those powers
For Appeals, the BOA Cannot Vary the Ordinance!
Variances
The BOA may vary from the ordinance only upon a finding of certain facts
Variances are to be granted sparingly ‐ See UDO Article 30‐2: Admin. Section C: Subsection 14 (a).
Exercise only in rare instances
Under exceptional circumstances
To relieve undue and unique hardships to the landowner
5 Standards must be met for the BOA to grant a variance
Parties requesting variances should be prepared to present admissible evidence for each standard
Variance Standards for Approval (Signs and Sites)
Strict application of the ordinance requirements results in practical difficulties and unnecessary hardships; and
Any practical difficulties or unnecessary hardships result from unique circumstances related to the land, and are not the result of the actions of the landowner; and
The variance is the minimum action that will make possible a reasonable use of land or structures; and
The variance is in harmony with the general purpose and intent of the ordinance and preserves its spirit; and
In granting the variance, the public safety and welfare have been assured and substantial justice has been done.
Some Factual Evidence is Insufficient Justification for Variance and Cannot be Considered by the BOA.
Examples of Insufficient Evidence:
The siting of other non‐conforming or conforming uses of land or structures in the same or other districts;
The request for a particular use expressly, or by inference, prohibited in the district; or
Economic hardship or the fact that the property may be utilized more profitably with a variance.
