Orange County NC Website
Browse       Search
Article 2: Procedures 14 <br />Section 2.12: Board of Adjustment <br />2.12.2 Quasi - Judicial Proceedings <br />(A) The Board of Adjustment acts in a quasi-judicial capacity. However, it is not intended <br />that its proceedings be conducted as formally as those before courts. <br />(B) The rules of procedure and evidence set forth in this Ordinance shall be followed to <br />protect the interests of all parties and the public. <br />(C) The presiding officer shall administer oaths to all witnesses and shall make rulings <br />necessary to preserve fairness, order, or proper decorum in any matter before the Board <br />of Adjustment. Any person who, while under oath during a proceeding before the Board, <br />willfully swears falsely is guilty of a Class I misdemeanor. <br />(D) Any member of the Board of Adjustment or any interested party may object to, and the <br />presiding officer may exclude, any evidence, testimony, or statement that is deemed <br />incompetent, irrelevant, immaterial, or unduly repetitious and therefore fails to reasonably <br />address the issues before the Board of Adjustment. <br />2.12.3 Evidence and Testimon <br />(A) Interested Party <br />(1) Any interested party may present evidence or testimony, cross - examine <br />witnesses, inspect documents, and offer evidence or testimony in explanation or <br />rebuttal. <br />(2) Any member of the Board of Adjustment may question any interested party. <br />(3) Persons other than interested parties may make competent, relevant, and <br />material comments. <br />(B) Subpoenas <br />(1) The Board of Adjustment may subpoena witnesses and compel the production of <br />evidence. <br />2) To reauest issuance of a subpoena. persons with standing as detailed under <br />NCGS 160A -939 (d), shall make a written request to the chair explaining why it is <br />necessary for certain witnesses or evidence to be compelled. The chair shall <br />issue requested subpoenas in those cases where testimony or evidence is <br />deemed to be relevant, reasonable in nature and scope, and not oppressive. <br />(3) The chair shall rule on any motion to quash or modify a subpoena. Decisions <br />regarding subpoenas made by the chair may be appealed to the full Board. <br />{4L4L_If a person fails or refuses to obey a subpoena issued pursuant to this <br />subsection, the Board of Adjustment, or the party seeking the subpoena, may <br />apply to the General Court of Justice for an order requiring that its order be <br />obeyed, and the Court will have jurisdiction to issue those orders after notice to <br />all proper parties. <br />(34j5L_No testimony of any witness before the Board of Adjustment, pursuant to a <br />subpoena issued in exercise of the power conferred by this subsection, may be <br />used against the witness in any civil or criminal action, other than a prosecution <br />for false swearing committed on the examination. <br />{4)(6) 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 />2.12.4 Quorum and Vote Required <br />(A) A quorum of the Board is necessary to conduct any business and shall consist of four <br />members. <br />(B) The affirmative vote of four of the members of the Board shall be necessary in order to <br />effect any variation in this Ordinance:. <br />Orange County, North Carolina — Unified Development Ordinance Page 2 -38 <br />