Orange County NC Website
Article 2: Procedures 41 <br /> Section 2.12: Board of Adjustment <br /> (1) Any interested party may present evidence or testimony, cross-examine <br /> witnesses, inspect documents, and offer evidence or testimony in explana on or <br /> rebuttal. <br /> (2) Any member of the Board of Adjustment may question any interested arty. <br /> (3) Persons other than interested parties may make competent, relev t, and <br /> material comments. <br /> (B) Subpoenas <br /> ( The Board of Adjustment may subpoena witnesses and co pel the production of <br /> evidence. <br /> (2) To request issuance of a subpoena, persons with sta ing as detailed under <br /> CGS 160A-939(d), shall make a written request to a chair explaining why it is <br /> n essary for certain witnesses or evidence to be ompelled. The chair shall <br /> issu requested subpoenas in those cases whe testimony or evidence is <br /> deem to be relevant, reasonable in nature d scope, and not oppressive. <br /> (3) The chair hall rule on any motion to quas r modify a subpoena. Decisions <br /> regarding s poenas made by the chair ay be appealed to the full Board. <br /> (4) If a person fail or refuses to obey a s poena issued pursuant to this <br /> subsection, the and of Adjustmen or the party seeking the subpoena, may <br /> apply to the Gener Court of Just, e for an order requiring that its order be <br /> obeyed, and the Co will have ' risdiction to issue those orders after notice to <br /> all proper parties. <br /> (5) No testimony of any witne efore the Board of Adjustment, pursuant to a <br /> subpoena issued in exerc of the power conferred by this subsection, may be <br /> used against the witnes in an civil or criminal action, other than a prosecution <br /> for false swearing co itted on e examination. <br /> (6) Anyone who, while nder oath duri a proceeding before the Board of <br /> Adjustment, willf y swears falsely, is uilty of a Class 1 misdemeanor. <br /> 2.12.4 Quorum and Vote Required <br /> (A) A/sePermit the B and is necessary to conduct any b siness and shall consist of four <br /> m <br /> (B) Th vote of four of the members of the Board s II be necessary in order to <br /> efriation in this Ordinance. <br /> (C) A the members shall be required to decide on the is ance of a Class B <br /> SpPermit or an appeal application. <br /> 2.12.5 Notificatio d Action <br /> /(A) ithin five working days after Board action, the Planning Director shall h e available in e Planning Department's office a notice of decision of the Board's action.e Planning Director shall notify the parties to an application or appeal of the oard's position. This includes the applicant, the property owner if different from the plicant,any individual who has submitted a written request for a copy prior to the date t cision becomes effective. This notice shall be made by registered or certified mai hin five working days of the Board's actions. <br /> e Planning Director shall keep a copy of the Board's action on file. <br /> 2.12.6 Notice Requirements for Matters Before the Board <br /> (A) The Board shall give notice of matters coming before it by causing notice to be placed in <br /> a newspaper of general circulation in Orange County. The notice shall appear once a <br /> Orange County, North Carolina—Unified Development Ordinance Page 2-46 <br />