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Article 2: Procedures Section 2.12: Board of Adjustment Orange County, North Carolina – Unified Development Ordinance Page 2-45 (3) The chair shall rule on any motion to quash or modify a subpoena. Decisions regarding subpoenas made by the chair may be appealed to the full Board. (4) If a person fails or refuses to obey a subpoena issued pursuant to this subsection, the Board of Adjustment, or the party seeking the subpoena, may apply to the General Court of Justice for an order requiring that its order be obeyed, and the Court will have jurisdiction to issue those orders after notice to all proper parties. (5) No testimony of any witness before the Board of Adjustment, pursuant to a subpoena issued in exercise of the power conferred by this subsection, may be used against the witness in any civil or criminal action, other than a prosecution for false swearing committed on the examination. (6) Anyone who, while under oath during a proceeding before the Board of Adjustment, willfully swears falsely, is guilty of a Class 1 misdemeanor. 2.12.4 Quorum and Vote Required (A) A quorum of the Board is necessary to conduct any business and shall consist of four members. (B) The affirmative vote of four of the members of the Board shall be necessary in order to effect any variation in this Ordinance. (C) A majority of the members shall be required to decide on the issuance of a Class B Special Use Permit or an appeal application. 2.12.5 Notification of Board Action (A) Within five working days after Board action, the Planning Director shall have available in the Planning Department’s office a notice of decision of the Board’s action. (B) The Planning Director shall notify the parties to an application or appeal of the Board’s disposition. This includes the applicant, the property owner if different from the applicant, or any individual who has submitted a written request for a copy prior to the date the decision becomes effective. This notice shall be made by registered or certified mail within five working days of the Board's actions. (C) The Planning Director shall keep a copy of the Board's action on file. 2.12.6 Notice Requirements for Matters Before the Board (A) For matters other than applications for Class B Special Use Permits which are not published in a newspaper 43, the The Board shall give notice of matters coming before it by causing notice to be placed in a newspaper of general circulation in Orange County. The notice shall appear once a week for two consecutive weeks, the first insertion to be not less than ten days nor more than 25 days prior to the meeting date. In computing the notice period, the day of publication is not to be included, but the day of the hearing is to be included. (B) In the case of application for a Class B Special Use permit or variance the Planning Director shall give written notice by certified mail to adjacent property owners. This notice shall be given not less than 15 days prior to the meeting date. Adjacent property owners are those whose property lies within 500 feet of the affected property and whom are currently listed as property owners in the Orange County tax records. 43 The Staff Attorney has suggested that public hearings for SUPs not be included in legal advertisements since the general public does not have standing in such matters and cannot participate. (State Statutes do not require legal ads for SUP applications). As shown in the remainder of this section, a notice would still be posted on the affected parcel and adjoining property owners would receive mailed notification of the hearing date (which they would also have been informed of via the Neighborhood Information Meeting materials). 32