RULES OF PROCEDURE ZONING BOARD OF ADJUSTMENT KANNAPOLIS, NORTH CAROLINA  I. GENERAL RULES  The Zoning Board of Adjustment shall be governed by the terms of Chapter 160A, Article 19, Part 3 of the General Statues of North Carolina and the Unified Development Ordinance of the City of  Kannapolis.  II. OFFICERS AND DUTIES  A. Chairperson. The Board of Adjustment shall elect a Charperson from among its regular members. The term of office shall be one year, beginning m July each year, and continue until a successor 1S elected. The Chairperson shall be elgible for re-election. The Chairperson shall decide on all points of order and procedure, subject to these rules, unless directed otherwise by a majority of the Board in B. Vice Chairperson. A Vice Charrperson shall be elected by the Board from among its regular members m the same manner and for the same term as the Chairperson. The Vice Chairperson shall serve as Acting Chairperson m the Chairperson" 's absence, and at such times shall have the same powers C. Secretary. The City Clerk or therr designee shall serve as Secretary The Secretary shall keep the minutes of every Board meeting m a permanent volume The minutes shall show the record of all important facts pertaining to each meeting and hearing, every action taken by the Board, and all votes of members of the Board on any action on the final determination of any question, indicating the names of members who are absent or fail to vote The Secretary does not act in1 the capacity ofal Board member II. RULES OF CONDUCT FOR MEMBERS AND ALTERNATE MEMBERS A. Members of the Board may bei removed for cause, including violation oft the rules stated below B Faithful attendance at all Board meetings and conscientious performance of the duties required of Board members shall be considered a prerequsite of continuing membership on the Board. Absence from three consecutive regular Board meetings within any three-month period shall be grounds for the All members shall vote on all issues brought before the Board unless excused by the Board D No Board member shall take part in the hearing, consideration, or determination ofa any case m which the member has a conflict of interest. Board members shall announce therr potential conflict of interest prior to the hearing and the Board shall vote to allow the member to be excused from the case  session at the time The Chairperson may administer oaths to witnesses.  and duties as the Chairperson.  City Council to consider terminating the appointment ofs such person.  1    F.C Conduct of Meetings. All meetings shall be open to the public Roberts Rules of Order will govern  the meetings. The order oft business at regular meetings shall be as follows  1. Roll Call 2. Recognition ofQuorum. 3. Approval of Minutes 4. Opening Statement. Administrator 6. Presentation by applicant. 7. Comments in favor ofrequest. 8. Comments in opposition to the request. 9. Cross exammnation/rebutal by applicant. 10. Board consideration of action on the case  5. Swearing-n of persons toj provide testimony Presentation of facts by Planning  a. Findings of fact Close hearing Vote on Board decision. 11.Old Business. 12. New Business 13.. Adjournment.  G. Alternate Members. The alternate members oft the Board shall receive notices ofa all Board meetings and shall attend all meetings sO as tol keep abreast ofH hearings and actions and to take the place oft regular members, as directed by the Chairperson, should regular members be unable to attend or participate All members, on receiving notice of a meeting that they cannot attend or upon learning that they will be unable toj participate m ai meeting or vote on aj particular item, shall promptly give notice to the Secretary oft the Board that they are unable to attend or toj participate Alternate members participating in the place of regular members shall have the same authorty and responsibihty as if they were regular members The Chairperson shall designate the manner m which alternate members serve i the place of regular  members.  V.APPEALS AND APPLICATIONS.  A. Types of Appeals. Any person owning property or residing in the area of zoning jurisdiction may appeal from any order or act of the Planning Administrator pertaining to zoning admimstration oft the Unified Development Ordinance The Board shall hear and decide all appeals from and review any order, requirement, decision, or determination made by the Planning Adminstrator In deciding appeals, the Board may hear both those based on an allegedly improper or erroneous interpretation of the Ordinance and those based on alleged hardship resulting from strict interpretation of the B. Procedure for Filing Appeals. The Board shall not hear any appeal unless notice thereof 1S filed within 30 days after the order, requirement, decision, or determination IS made by the Planning Administrator The applicant must file his application for al hearing with the Planning Administrator, who shall act as clerk for the Board m receiving this notice All applcations shall be made upon forms furnished for that purpose, and all information required thereon shall be complete before an  Ordinance  3    EN No Board member shall vote on any matter that decides an application or appeal unless the member has attended the hearing on that application or appeal In addition, voting by proxy shall not be FN No Board member shall discuss any case with any parties thereto before the hearing on. that case, provided, however, that members may receive and/or seek information pertaming to the case from any G Members of the Board shall not express individual opinions on the proper judgment of any case  permitted.  other member of the Board, Planning Administrator, or Secretary before the hearing.  publcly or with any parties thereto before that case 1S determined.  IV. MEETINGS  A. Regular Meetings. The Board shail hold regular meetings on the first Tuesday of each month at 600 PM i the Kannapolis Tramn Station located at 201 South Main Street, Kannapolis, NC However, meetings may be scheduled at or continued to another convenient place m the City in any case where B. Special Meetings. The Charrperson may call special meetings of the Board at any time At least 48 hours written notice of the time and place of the special meeting shall be given, by either the C.Cancellation of Meetings. If there are no appeals, or other business for the Board, or if sO many members notify the Secretary that they cannot attend a meeting that a quorum will not be available, the Chairperson may cancel the meeting. The Chairperson shall cause the notification of all Board D. Quorum. A quorum shall consist of four (4) members of the Board, but the Board shall not pass on any question relating to an appeal from a decision, order, requirement, or determination of the Planning Administrator or an application for a variance when fewer than S1X (6) members quahfied to vote are present. If at the time ofal hearing, there are not enough voting members present to decide upon a variance or appeal in favor of the applicant, the Chairperson shall contiue the hearing until E. Voting. All members must vote on every issue unless they have disqualified themselves for one or more of the reasons listed m Section III. The required vote to decide appeals and variance applications shall be as provided in Section 388, Part 3, Article 19, Chapter 160A of the General Statues of North Carolna and shall not be reduced by any disqualification. Except as otherwise provided in Section VI, the vote ofai majority oft the members present and voting shall decide 1ssues  the Chairperson determines it 1S in the public interest to do sO  Secretary or the Planning Adminstrator to each member oft the Board.  members oft the cancellation.  such time as sufficient voting members are present.  before the Board.  2    appeal may be considered as having been filed.  C.Hearings.  14 Application deadline. After notice of appeal 1S received, al hearing shall be set for the next regularly scheduled meeting provided that the appeal 1S received by the first Fnday of the preceding  month.  2 Notice. The Board shall give public notice of the hearing m accordance with the provisions 3 Conduct of the Hearing, Any party may appear m person, by agent, or by attorney at the hearig. The Board of Adjustment may subpoena witnesses and compel the production ofe evidence 4 Rehearmgs. An application for a rehearing may be made 1n the same manner as an application for an original hearing. Evidence in support oft the application shall mtially be limited to what 1S necessary to enable the Board to determine whether there has been a substantial change in the facts, evidence, or conditions in the case The Board shall deny the application for rehearing if, from the record, it finds that there has been no substantial change in: facts, evidence, or conditions. If the Board finds that a substantial change has occurred, it may by simple majority approve the applcation for rehearing after which it shall, thereupon, treat the request m the same manner as any  oft the Unified Development Ordinance  other application. D.I Decisions. hearing.  1 Time. Decisions by the Board shall be made not later than 30 days from the date of the 2 Form. The Board's decision shall be shown m the record of the case as entered m the Board's minutes and signed by the Secretary and the Chairperson and a copy shall be filed with the City Clerk on the first working day following the signings. Such record shall show the reason for the determinations, with a summary of the evidence introduced and the findings of fact made by the Board. When a variance 1S granted, the record shall state m detail any exceptional difficulty or unnecessary hardship upon which the appeal was based and which the Board finds to exist. The decision may reyerse or affirm, wholly or partly, or modify the order, requirement, decision, or determination appealed from. The record shall state m detail what, ifa any, conditions and safeguards  the Board imposed mn connection with granting of a variance.  3 Voting at Hearings. The concurring vote of SIX (6) members of the Board shall be necessary to reverse any order, requirement, decision, of determination of the Planning Admmistrator, or to decide in favor of the applicant any matter on which the Board 1S required to pass, or to grant a variance from the provisions of the Unified Development Ordinance  4 Notice and Public Record of Decisions. The Planning Administrator shall give written notice of the decision in the case to the appellant and/or the applicant and to every aggneved party who has filed a wnitten request for such notice with the Secretary or Planning Administrator when  4    the hearing 1S held. Such notice may be delivered either by personal service or by registered mail or certified mail return receipt requested. A copy of the decision shall also be filed m the Planning Department. The decision shall be aj pubhc record, available for inspection at all reasonable times 5 Judicial Review Every decision of the Board shall be subject to review by the Superior Court by proceedings m the nature of certiorari. Any petition for review by the Superior Court shall be filed with the Clerk of Superor Court within 30 days aftert the decision of the Board 1S filed in the office oft the City Clerk, or after a wnitten copy thereof 1S delvered to every aggrieved party who has filed a written request for such copy with the Secretary or Planning Administrator at the time ofits hearing of the case, whichever 1S later The decision of the Board may be delivered to the aggnieved party by personal service or by registered mail or certified mail return receiptrequested.  VLAMENDMENTS  These rules may, within the lmits allowed by law, be amended at any time by an affirmative vote of not less than four members of the Board, provided that such amendment 1S presented in wnting at a regular  or special meeting before the meeting at which the vote 1S taken.  ADOPTED the 16th day of. January,2001. AMENDED this the 5t day of. June, 2012.  Qwog/sLAE  Susan S Strewalt,  R  Secrétary  5