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Article 2: Procedures <br /> Section 2.12: Board of Adjustment <br /> <br /> <br />Orange County, North Carolina – Unified Development Ordinance Page 2-46 <br /> <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 request 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 />(4) 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 />(5) 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 />(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 />(C) A majority of the members shall be required to decide on the issuance of a Class B <br />Special Use Permit or an appeal application. <br />2.12.5 Notification of Board Action <br />(A) Within five working days after Board action, the Planning Director shall have available in <br />the Planning Department’s office a notice of decision of the Board’s action. <br />(B) The Planning Director shall notify the parties to an application or appeal of the Board’s <br />disposition. This includes the applicant, the property owner if different from the applicant, <br />or any individual who has submitted a written request for a copy prior to the date the <br />decision becomes effective. This notice shall be made by registered or certified mail <br />within five working days of the Board's actions. <br />(C) The 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 /> 91