<div class="chunk-title">Sec. 58-18. - Quasi-judicial hearings.</div>
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            <p class="p0">
               Quasi-judicial hearings shall be conducted as follows:
               
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                  (1)
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                  Appeals and hearings on variance requests. The board of adjustment shall hear and
                  decide all subdivision ordinance variance requests as well as appeals from any order,
                  requirement, decision, or determination made by the subdivision administrator where
                  such decision complies with one or more generally stated standards requiring a discretionary
                  decision. The board of adjustment will also hear appeals pursuant to any chapter or
                  article of the Code of Ordinances for Buncombe County indicating that such appeals
                  shall be heard by the board of adjustment.
                  </p>
               		
               
               <p class="incr1">
                  (2)
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                  A member of the board of adjustment shall not participate in or vote on any quasi-judicial
                  matter in a manner that would violate affected persons' constitutional rights to an
                  impartial decision maker. Impermissible conflicts include, but are not limited to,
                  a member having a fixed opinion prior to hearing the matter that is not susceptible
                  to change; undisclosed ex parte communications; a close familial, business, or other
                  associational relationship with an affected person; or a financial interest in the
                  outcome of the matter. If an objection is raised to a member's participation and that
                  member does not recuse himself or herself, the remaining members shall by majority
                  vote rule on the objection.
                  </p>
               		
               
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                  (3)
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                  No board of adjustment member shall discuss any case with any parties thereto prior
                  to the public hearing on that case; provided however, that a member may receive and/or
                  seek information pertaining to the case from planning staff or any other member of
                  the board of adjustment.
                  </p>
               		
               
               <p class="incr1">
                  (4)
                  </p>
               		
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                  Members of the board of adjustment shall not express individual opinions on the proper
                  judgment of any case prior to its determination on that case.
                  </p>
               		
               
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                  (5)
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               <p class="content2">
                  Procedure for filing appeals. All statute of limitations and procedures for filing
                  an appeal or variance request to the board of adjustment are set forth in G.S. 160D-1405
                  or as amended.
                  </p>
               		
               
               <p class="incr1">
                  (6)
                  </p>
               		
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                  Conduct of hearing. Any party may appear in person or by agent as authorized by law
                  or by attorney at the hearing. The order of business for the hearing shall be as follows:
                  </p>
               		
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                  a.
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                  The chair, or such person as he/she shall direct, shall give a preliminary statement
                  of the case.
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                  b.
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                  The applicant shall present the argument in support of his application.
                  </p>
               		
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                  c.
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                  Persons opposed to granting the application shall present the argument against the
                  application.
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                  d.
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                  Both sides will be permitted to present rebuttals to opposing testimony.
                  </p>
               		
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                  e.
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                  The chair shall summarize the evidence, which has been presented, giving the parties
                  opportunity to make objections or corrections.
                  </p>
               		
               
               <p class="b1">
                  Witnesses may be called and factual evidence may be submitted, but the board of adjustment
                  shall not be limited to consideration of only such evidence as would be admissible
                  in a court of law. The board of adjustment may view the property before arriving at
                  a decision. All witnesses before the board of adjustment shall be placed under oath
                  and an opposing party may cross examine them. The procedural motions as set forth
                  above should govern action by the board of adjustment.
                  </p>
               
            <p class="historynote0">
               (
               <a class="ordinance-link" href="" data-product-id="12776" data-ordinance-id="797619">
                  Ord. No. 16-11-05
                  </a>
               , Â§ 1, 11-1-16;
               <a class="ordinance-link" href="" data-product-id="12776" data-ordinance-id="1118554">
                  Ord. No. 21-05-06
                  </a>
               , Â§ 1(Exh. A), 5-4-21)
               </p></div>