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

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Article 2: Procedures 63 Section 2.12: Board of Adjustment (2) To request issuance of a subpoena, persons with standing as detailed under NCGS 160A ), 160D-1402(c), 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. The chair shall rule on any motion to quash or modify a subpoena. sions egarding subpoenas made by the chair may be appealed to t II Board. (4) If a pe n fails or refuses to obey a subpoena issue rsuant to this subsection, Board of Adjustment, or the p seeking the subpoena, may apply to the Gene Court of Justice for order requiring that its order be obeyed, and the Court have ' action to issue those orders after notice to all proper parties. (5) No testimony of fitness before t oard of Adjustment, pursuant to a subpoena i ed in exercise of the power c erred by this subsection, may be used ainst the witness in any civil or criminal a n, other than a prosecution false swearing committed on the examination. Anyone who, while under oath during a proceeding before the d of Adjustment, willfully swears falsely, is guilty of a Class 1 misdemean 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 Glass B Special Use Permit or an appeal application. 2.1 tification of Board Action (A) 've working days after Board action, the P ng Director shall have available in the Planni artment's office a n ' o decision of the Board's action. (B) The Planning Directors a parties to an application or appeal of the Board's dispos' ' . his includes the ' nt, the property owner if different from the a ' nt, or any individual who has submitte 'ten request for a copy prior to e date the decision becomes effective. This notice shall by registered or certified mail within five working days of the Board's actions. (C) The Planning Director shall keep a copy of the Board's action on file. 2.12.6 Notice Requirements for Matters Before the Boar06 (A) The Beard shall give ers-c��before it byGaUs+Rg„o�ee toe placed Ora new:spaperGfgGReral GiFGUlati n in Orange G06IRty-he Ret'Ge shall week for tWE) G G tiVG weeks, the first in er+ieR to he RE)t loos teR days thandays�} r'TT9 date. r^pputing the +ine r��e-R,�r2-6 e�eefi^ I+� ee ,T�,on� peried the day of p blino+ieR io RGt to he finny ded but the day of the heoriRg is to he EnGluded (B)(A) Notice for Special Use Permit or Variance applications shall follow the process in Section 2.7.6. In the rose of onnliro+inn for o Class B Cneriol Use permit or vorionre the Planning Dirpr_tnr c;'h';;lI give writteR nGtiGe by fiFSt Gla;SS mail te adjaGeRt property owners. This nefirue sha;I1 -bp- Mailed at least ten days but not rnere thaR 25 days . i 56 Notice requirements for Special Use Permits are covered in Section 2.7.6 and do not need to be repeated here. Orange County, North Carolina-Unified Development Ordinance Page 2-48