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Article 2: Procedures Section 2.12: Board of Adjustment Orange County, North Carolina – Unified Development Ordinance Page 2-48 (3) Persons other than interested parties may make competent, relevant, and material comments. (B) Subpoenas (1) The Board of Adjustment may subpoena witnesses and compel the production of evidence. (2) To request issuance of a subpoena, persons with standing as detailed under NCGS 160A-939(d), shall make a written request to the chair explaining why it is necessary for certain witnesses or evidence to be compelled. The chair shall issue requested subpoenas in those cases where testimony or evidence is deemed to be relevant, reasonable in nature and scope, and not oppressive. (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 or any other course of business. 2.12.5 Notification of Board ActionWritten Decision (A) Each quasi-judicial decision shall be reduced to writing and reflect the board’s determination of contested facts and their application to the applicable standards. The written decision shall be signed by the chair or other duly authorized member of the board. (B) A quasi-judicial decision is effective upon filing the written decision with the clerk to the board. The decision of the board shall be delivered by personal delivery, electronic mail, or by first-class mail to the applicant, property owner, and to any person who has submitted a written request for a copy, prior to the date the decision becomes effective. The person required to provide notice shall certify that proper notice has been made. (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 Comment [JB40]: Ambiguous or endangers due process. Formatted: Indent: Left: 1" Formatted: Indent: Left: 1.5" Comment [JB41]: Incorrect reference. Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 1" Comment [JCB42]: From the RoP, a good practice to incorporate for things like scheduling, adoption of rules, etc. Formatted: Indent: Left: 0.5" Comment [JB43]: Creates ambiguity and may endanger due process. Statute explicitly details a written decision signed by the Board, not staff. Having this procedure without mention of the other has created confusion in the past. Formatted: Indent: Left: 1" Formatted: (none) Formatted: (none) 26