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Agenda - 05-27-2014 - C2
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Agenda - 05-27-2014 - C2
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6/2/2015 2:26:13 PM
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5/16/2014 3:57:40 PM
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BOCC
Date
5/27/2014
Meeting Type
Public Hearing
Document Type
Agenda
Agenda Item
C.2
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Minutes 05-27-2014
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A R <br />Article 2 Procedures 145 <br />Section 2 12 Board of Adjustment <br />2 11 6 Notice Requirements <br />Notice requirements shall follow Section 2 12 6(A) Other subsections of Section 226 2 12 614 <br />are not applicable to applications for an appeal of an interpretation <br />2 12 'I\ General Provisions <br />{ The Board shall act on all applications before it <br />(B) The Board shall act on any appeal of a Stop Work Order issued by the Plan ing Director <br />at its next regularly scheduled meeting or at a special meeting called fort t purpose <br />2 12 2 Quasi-Jud14 <br />al Proceedings <br />(A) The B and of Adjustment acts in a quasi - Judicial capacity Howeve , it is not intended <br />that its oceedings be conducted as formally as those before co rts <br />(B) The rules o rocedure and evidence set forth in this Ordinan shall be followed to <br />protect the in rests of all parties and the public <br />(C) The presiding o er shall administer oaths to all witness sand shall make rulings <br />necessary to pres ve fairness, order, or proper decor in any matter before the Board <br />of Adjustment <br />(D) Any member of the Boa of Adjustment or any in rested party may object to, and the <br />presiding officer may excl de, any evidence, to imony, or statement that is deemed <br />incompetent, irrelevant, im terial, or unduly epetitious and therefore fails to reasonably <br />address the issues before the card of Adl tment <br />2 12 3 Evidence and Testimony <br />(A) Interested Party <br />(1) Any interested party may resen evidence or testimony, cross - examine <br />witnesses, inspect doc ents, an offer evidence or testimony in explanation or <br />rebuttal <br />(2) Any member of th Board of Adjustmen ay question any interested party <br />(3) Persons other an interested parties may ake competent, relevant, and <br />material co ents <br />(B) Subpoenas <br />(1) The B rd of Adjustment may subpoena witnesses nd compel the production of <br />(2) If person fads or refuses to obey a subpoena issued p uant to this <br />ubsection, the Board of Adjustment may apply to the Gen al Court of Justice <br />for an order requiring that its order be obeyed, and the Court dl have jurisdiction <br />to issue those orders after notice to all proper parties <br />No testimony of any witness before the Board of Adjustment, purs ant to a <br />subpoena issued in exercise of the power conferred by this subsecti n, may be <br />used against the witness in any civil or criminal action, other than a pr ecution <br />for false swearing committed on the examination <br />(4) Anyone who, while under oath during a proceeding before the Board of <br />Adjustment, willfully swears falsely, is guilty of a Class 1 misdemeanor <br />14 Typographical error that staff recommends correcting as part of this amendment package <br />Orange County, North Carolina — Unified Development Ordinance <br />Page 2 -39 <br />
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