Orange County NC Website
Article 2: Procedures 73 <br /> Section 2.12: Board of Adjustment <br /> (2) To request issuance of a subpoena, persons with standing as detailed under <br /> NCGS 16n°oo, 939(d), 160D-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 <br /> to effect any variation in this Ordinance. <br /> (C) A majority of the members shall be required to decide on the issuance of a Class-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 <br /> Board's disposition. This includes the applicant, the property owner if different from <br /> the applicant, or any individual who has submitted a written request for a copy prior to <br /> the 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 Boards <br /> (A) The Board shallgive-rr',r'9tiGG ef matteFSGGM g before it by Gaysing n etiGezt-ve be <br /> ^npllaGed,-r'Rr-aa newspaper of general GiFGUIatiE)R OR Orr,.,r.oGGHRty. Thce RE)E)i'Ce shall <br /> week for tWE) G G UtiVe weeks, the first in onion to he not loos than <br /> teR days ne z5 days prior to the meeting date. IR GeMp"utrie,g the ^reveti <br /> peried the day of p blinatien io not to he innlu Berlr but the .Jay of the heariRg is to he <br /> inclu ded <br /> (113)(A) Notice for Special Use Permit or Variance applications shall follow the process in <br /> Section 2.7.6. In the race of application for a Class R Special Use permit or variance <br /> the Planning Director shall give written notice by first class mail to adjacent property <br /> owners. This notice shall be mailed at least ten days but not mere than 25 days . i <br /> 56 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 />