PB Agenda Packet 5-6-26 - Laserfiche WebLink

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Article 2: Procedures Section 2.13: Exempt Subdivisions (2) To request issuance of a subpoena, persons with standing as detailed under NCGS 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. (3) The chair shall rule on any motion to quash or modify a subpoena. Decisions regarding subpoenas made by the chair may be appealed to the full Board. (4) If a person fails or refuses to obey a subpoena issued pursuant to this subsection, the Board of Adjustment, or the party seeking the subpoena, may apply to the General Court of Justice for an order requiring that its order be obeyed, and the Court will have jurisdiction to issue those orders after notice to all proper parties. (5) No testimony of any witness before the Board of Adjustment, pursuant to a subpoena issued in exercise of the power conferred by this subsection, may be used against the witness in any civil or criminal action, other than a prosecution for false swearing committed on the examination. (6) Anyone who, while under oath during a proceeding before the Board of Adjustment, willfully swears falsely, is guilty of a Class 1 misdemeanor. 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 Special Use Permit or an appeal application. 2.12.5 Notification of Board Action (A) Within five working days after Board action, the Planning Director shall have available in the Planning Department's office a notice of decision of the Board's action. (B) The Planning Director shall notify the parties to an application or appeal of the Board's disposition. This includes the applicant, the property owner if different from the applicant, or any individual who has submitted a written request for a copy prior to the date the decision becomes effective. This notice shall be made 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 Board (A) Notice for Special Use Permit or Variance applications shall follow the process in Section 2.7.6 (B) In the case of an appeal of a Stop Work Order issued by the Planning Director, the Planning Director shall give written notice by certified mail to the property owner, and/or person(s) engaged in the alleged violation. Notification of adjacent property owners, posting of property, and publication of a hearing notice is not required. SECTION :D • 2.13.1 Generally (A) Application Requirements (1) Divisions of land that qualify for exemption from subdivision regulations under Orange County, North Carolina—Unified Development Ordinance Page 2-40