§ 9.4. Quasi-Judicial Hearings

Wherever a quasi-judicial hearing is required (for example, in hearing appeals, variance applications, or interpretations) the following procedures shall be followed:

A.

Notice of Hearing. Except as provided in Subsection 10.6(H) (dealing with stop work orders and appeals from such). 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 ten (10) days, but not more than twenty-five (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.

B.

Evidence.

1.

The provisions of this Section apply to all hearings for which a notice is required.

2.

All persons who intend to present evidence, rather than arguments only, shall be sworn.

3.

All findings and conclusions necessary to the issuance or denial of the requested permit or appeal (crucial findings) shall be based upon reliable evidence. Competent evidence (evidence admissible in a court of law) shall be preferred whenever reasonably available, but in no case may crucial findings be based solely upon incompetent evidence unless competent evidence is not reasonably available, the evidence in question appears to be particularly reliable and the matter at issue is not seriously disputed.

C.

Record.

1.

An audio recording shall be made of all quasi-judicial hearings required under this Ordinance, and such recordings shall be kept until the official minutes are adopted. Accurate minutes shall also be kept of all such proceedings, but a transcript need not be made.

2.

Whenever practicable, all documentary evidence presented at a hearing as well as all other types of physical evidence shall be made a part of the record of the proceedings and shall be kept by the Town for at least two (2) years.

D.

Written Decision.

1.

All decisions of the Board of Adjustment and of the Board of Commissioners shall be filed with the Town Clerk of Mint Hill, and a written copy thereof shall be delivered to the Applicant by personal service or registered mail. Copies shall also be mailed by registered mail to all other persons who request a copy of the hearing or who make a written request for a copy at the time of the public hearing.

2.

In addition to a statement of the reviewing board's ultimate disposition of the case and any other information deemed appropriate, the written decision shall state the reviewing board's findings and conclusions, as well as supporting reasons or facts, whenever this Ordinance requires the same as a prerequisite to taking action.

(Ord. No. 598, 4-14-2011; Ord. No. 644, 11-14-2013)