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59 <br /> Article 2: Procedures <br /> Section 2.12:Board of Adjustment <br /> (2) To request issuance of a subpoena, persons with standing as detailed under <br /> NCGS 160A 939kd160D-1402(c),shall make a written request to the chair <br /> explaining why it is necessary for certain witnesses or evidence to be compelled. <br /> The chair shall issue requested subpoenas in those cases where testimony or <br /> evidence is deemed to be relevant, reasonable in nature and scope,and not <br /> 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 Sias 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 <br /> in 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 <br /> applicant,or any individual who has submitted a written request for a copy prior to the <br /> date the decision becomes effective. This notice shall be made by registered or <br /> certified mail 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 Board60 <br /> of general n ula+inn in(!range GeuRt.. The nn+inn shall appear <br /> epk for t...n n n-di..e..PLQks the first insertion U4 he not less than ten days nor <br /> Fn9re than 25 days prior to the meeting date. in computing the notice period,the day-of <br /> publiGation us not to be inGluded,but the day of the heaFiRg us to be inGluded. <br /> (1)(A) Notice for Special Use Permit or Variance applications shall follow the process in <br /> Section 2.7.6. In Gase of annlina+inn fer a Glass B Cpenial Use n mit or <br /> This nn+inn shall he mailed At least tpn da..s h6it net m e than 25 days p r+n <br /> the meeting!late 4djanen+property ewners are these whose property lies within One <br /> 60 Notice requirements for Special Use Permits are covered in Section 2.7.6 and do not need to be repeated here. <br /> Orange County,North Carolina—Unified Development Ordinance Page 2-48 <br />