Planning Board agenda 032019 - Laserfiche WebLink

Browse Search

Article 2: Procedures 21 Section 2.12: Board of Adjustment (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. 2.11.52.11.6 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. 2.11.62.11.7 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 party may present evidence or testimony, cross-examine witnesses, inspect documents, and offer evidence or testimony in explanation or rebuttal. (2) Any member of the Board of Adjustment may question any interested party. (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. Orange County, North Carolina—Unified Development Ordinance Page 2-43