Agenda - 05-04-2021; 5-b - Unified Development Ordinance Text Amendments

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Article 2: Procedures 62 Section 2.12: Board of Adjustment B) The Board shall act on any appeal of a Stop Work Order issued by the P Wing Director at its next regularly scheduled meeting or at a special mee called for that rpose. 2.12.2 Quasi-Judicial Proce 'ngs (A) The Board of Adju ent acts in a quasi-jud' ' capacity. However, it is not intended that its proceedings be c ducted as fo ally as those before courts. (B) The rules of procedure and evi a set forth in this Ordinance shall be followed to protect the interests of all ies an ublic. (C) The presiding office all administer oaths to witnesses and shall make rulings necessary to erve fairness, order, or proper de um in any matter before the Board of ' stment. Any person who, while under oath ing a proceeding before the B rd, willfully swears falsely is guilty of a Class I misdem or. (D) ny member of the Board of Adjustment or any interested party may o ' ct to, and the presiding officer may exclude, any evidence, testimony, or statement th deemed incompetent, irrelevant, immaterial, or unduly repetitious and therefore to reasonably address the issues before the Board of Adjustment. 2.12.3 Evidence and Testimony (A) Interested Party and Objections (1) Any interested party naafishall be permitted to53 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 offer competent, relevant, and material testimony or evidence that is not repetitive as allowed by the bBoard. (4) Administrative materials such as applications, staff reports, and other relevant administrative materials shall become part of the hearing record and may be provided in written or electronic form.5 (a) Administrative materials shall be distributed to the applicant and to the landowner, if that person is not the applicant, at the same time they are distributed to the Board. (b) Objections to inclusion or exclusion of administrative materials may be made before or during the hearing. Rulings on unresolved objections shall be made by the Board at the hearing. (3)(5) Objections regarding jurisdictional and evidentiary issues, including but not limited to, the timeliness of an appeal or the standing of a party, may be made to the Board. The Board chair shall rule on any objections and the chair's ruling may be appealed to the full Board. 3 (B) Subpoenas (1) The Board of Adjustment may subpoena witnesses and compel the production of evidence. 53 Conform language to NCGS 160D-406(d). Note the definition of Interested Party in Article 10: it is a person who has legal standing to appeal the decision, as further defined in NCGS 160D-1402(d). 54 Conform language to NCGS 160D-406(c). ss New provision in NCGS 160D-406(d). Orange County, North Carolina—Unified Development Ordinance Page 2-47