Orange County NC Website
Browse       Search
110 <br />Article 2: Procedures <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 2 2 6 2.12.6 14 <br />are not applicable to applications for an appeal of an interpretation. <br />2.12.1\ 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 th/Planing Director <br />at its next regularly scheduled meeting or at a special meeting called fpose. <br />2.12 .2 Quasi -Ju ial Proceedings <br />(A) <br />(B) <br />(C) <br />(D) <br />The \issues of Adjustment acts in a quasi - judicial capacity. Howeve , it is not intended <br />that ceedings be conducted as formally as those before co rts. <br />The rocedure and evidence set forth in this Ordinan shall be followed to <br />prot in rests of all parties and the public. <br />The ing o er shall administer oaths to all witness sand shall make rulings <br />neceto pres ve fairness, order, or proper decor in any matter before the Board <br />of Aent. <br />Any er of the Boa of Adjustment or any in rested party may object to, and the <br />presfficer may excl de, any evidence, to imony, or statement that is deemed <br />incont, irrelevant, im terial, or unduly epetitious and therefore fails to reasonably <br />addre issues before the oard of Adi tment. <br />2.12.3 Evidence and T <br />(A) I nterested 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 fails or refuses to obey a subpoena issued p uant to this <br />ubsection, the Board of Adiustment may apply to the Gen al Court of Justice <br />for an order requiring that its order be obeyed, and the Court. ill 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 />1" 1 1 <br />