Orange County NC Website
8 <br /> the question involved, and the time and place of the hearing. <br /> 3. Conduct of Hearing <br /> Any party may appear in person or by attorney at the hearing. Witnesses <br /> may be called and factual evidence may be submitted, but the Board shall <br /> not be limited to consideration of such evidence as would be admissible in <br /> a court of law. The Board may, in its discretion, view the premises and <br /> obtain additional facts in the matter before arriving at a determination of the <br /> case. The order of business for each hearing shall be as follows: <br /> (a) the Chair, or such person as the Chair shall direct, shall give a <br /> preliminary statement of the case; <br /> (b) the applicant shall present the arguments in support of his case or <br /> application; <br /> (c) persons opposed to granting the application shall present the argument <br /> against the application; <br /> (d) both sides will be permitted to present rebuttals to opposing testimony; <br /> (e) the Chair, or such person as the Chair shall direct, shall summarize the <br /> evidence which has been presented, giving the parties an opportunity to <br /> make objections or corrections. <br /> 4. Administration of Oaths <br /> The chair of the board or any member acting as chair and the clerk to the <br /> board are authorized to administer oaths to witnesses in any matter coming <br /> before the board. Any person who, while under oath during a proceeding <br /> before the board determining a quasi-judicial matter, willfully swears falsely <br /> is guilty of a Class 1 misdemeanor. <br /> 5.Denial and Rehearings <br /> When the Board of Adjustment shall have denied an application for a <br /> Special Use Permit, the Board of Adjustment shall not receive another <br /> application for the same or similar petition affecting the same property or a <br /> portion thereof until the expiration of a one-year period, extending from the <br /> date of denial. <br /> An application for a rehearing may be made in the same manner as <br /> provided for an original hearing. Evidence in support of the application shall <br /> initially be limited to that which is necessary to enable the Board to <br /> determine whether there has been substantial change in the facts, <br /> evidence, or conditions in the case. <br /> A rehearing shall be denied by the Board if in its judgment there has been <br /> no substantial change in the facts, evidence, or conditions in the case. If the <br /> Board finds that there has been such a change, it shall thereupon treat the <br /> request in the same manner as any other application. <br /> 6 <br />