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Article 2: Procedures Section 2.12: Board of Adjustment Orange County, North Carolina – Unified Development Ordinance Page 2-47 (D) The assessment shall be introduced at the hearing and become part of the record. (E) Upon hearing all evidence associated with the application, the Board of Adjustment shall close the hearing and render a decision on the matter to affirm, modify, or reverse the decision of the Planning Director. 2.11.5 Findings of Fact The Board of Adjustment shall provide a detailed rationale for its decision in the form of an order to affirm, modify, or reverse the decision of the Planning Director. This order shall provide the necessary justification for the Board’s action based on the testimony and evidence entered into the record during the hearing. 2.11.6 Notice Requirements Notice requirements shall follow Section 2.12.6(A). Other subsections of Section 2.12.6 are not applicable to applications for an appeal of an interpretation. SECTION 2.12: BOARD OF ADJUSTMENT 2.12.1 General Provisions (A) The Board shall act on all applications before it. (B) The Board shall act on any appeal of a Stop Work Order issued by the Planning Director at its next regularly scheduled meeting or at a special meeting called for that purpose. 2.12.2 Quasi-Judicial Proceedings (A) The Board of Adjustment acts in a quasi-judicial capacity. However, it is not intended that its proceedings be conducted as formally as those before courts. (B) The rules of procedure and evidence set forth in this Ordinance shall be followed to protect the interests of all parties and the public. (C) The presiding officer shall administer oaths to all witnesses and shall make rulings necessary to preserve fairness, order, or proper decorum in any matter before the Board of Adjustment. Any person who, while under oath during a proceeding before the Board, willfully swears falsely is guilty of a Class I misdemeanor. (D) Any member of the Board of Adjustment or any interested party may object to, and the presiding officer may exclude, any evidence, testimony, or statement that is deemed incompetent, irrelevant, immaterial, or unduly repetitious and therefore fails to reasonably address the issues before the Board of Adjustment. 2.12.3 Evidence and Testimony (A) Interested Party (1) Any interested partyParty may present evidence or testimony, cross- examine witnesses, inspect documents, and offer evidence or testimony in explanation or rebuttal. (1)(2) The Board may allow non-party witnesses in its discretion. Non-party witnesses shall be sworn, limited to relevant testimony and shall not accrue any rights of a Party such as objections or cross-examination of others. (2) Any member of the Board of Adjustment may question any interested party. Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 1" Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 1" Comment [JB36]: Better left to the Rules of Procedure so that it can be amended quicker. This has any interested parties making objections, which is ambiguous. It also has the chair making all rulings regarding evidence without full board approval---that may be the best course, but there should be room for adjustment. Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 1" Comment [JB37]: This introduces ambiguity and endangers due process. Formatted: Indent: Left: 1.5" Comment [JCB38]: New definition in Article 10 which cites NCGS 160A-393. Formatted: (none) Comment [JB39]: Better for rules of procedure 25