Orange County NC Website
Browse       Search
31 <br /> Article 2: Procedures <br /> Section 2.12: Board of Adjustment <br /> (1) Any interested party shall be permitted to present evidence or testimony, cross- <br /> examine witnesses, inspect documents, and offer evidence or testimony in <br /> explanation or rebuttal. <br /> (2) Any member of the Board of Adjustment may question any interested party. <br /> (3) Persons other than interested parties may offer competent, relevant, and material <br /> testimony or evidence that is not repetitive as allowed by the Board. <br /> (4) Administrative materials such as applications, staff reports, and other relevant <br /> administrative materials shall become part of the hearing record and may be <br /> provided in written or electronic form. <br /> (a) Administrative materials shall be distributed to the applicant and to the <br /> landowner, if that person is not the applicant, at the same time they are <br /> distributed to the Board. <br /> (b) Objections to inclusion or exclusion of administrative materials may be <br /> made before or during the hearing. Rulings on unresolved objections <br /> shall be made by the Board at the hearing. <br /> (5) Objections regarding jurisdictional and evidentiary issues, including but not <br /> limited to, the timeliness of an appeal or the standing of a party, may be made to <br /> the Board. The Board chair shall rule on any objections and the chair's ruling <br /> may be appealed to the full Board. <br /> (B) Subpoenas <br /> (1) The Board of Adjustment may subpoena witnesses and compel the production of <br /> evidence. <br /> (2) To request issuance of a subpoena, persons with standing as detailed under <br /> NCGS 160D-1402(c), shall make a written request to the chair explaining why it <br /> is necessary for certain witnesses or evidence to be compelled. The chair shall <br /> issue requested subpoenas in those cases where testimony or evidence is <br /> deemed to be relevant, reasonable in nature and scope, and not 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 Special Use <br /> Permit or an appeal application. <br /> Orange County,North Carolina—Unified Development Ordinance Page 2-39 <br />