(A) The provisions of this section apply to all hearings for which a notice is required by § 159.07.
(B) All persons who intend to present evidence to the Board of Adjustment, rather than arguments only, shall be sworn.
(C) All findings and conclusions necessary to the issuance or denial of the requested appeal or variance (crucial findings) shall be based upon reliable evidence. Competent evidence (evidence admissible in a court of law) shall be preferred whenever reasonably available, but in no case may crucial findings be based solely upon incompetent evidence unless competent evidence is not reasonably available, the evidence in question appears to be particularly reliable, and the matter at issue is not seriously disputed.
(D) The Board of Adjustment may subpoena witnesses and compel the production of evidence. If a person fails or refuses to obey a subpoena issued pursuant to this division (D), the Board of Adjustment may apply to the Superior Court of Craven County for an order requiring that its order be obeyed, and the court shall have jurisdiction to issue these orders after notice to all proper parties. No testimony of any witness before the Board of Adjustment pursuant to a subpoena issued in exercise of the power conferred by G.S. § 160D-406(g) may be used against the witness in the trial of any civil or criminal action other than a prosecution for false swearing committed on the examination. Any person, who, while under oath during a proceeding before the Board of Adjustment, willfully swears falsely, will be subject to enforcement under § 162.04.
(Ord. passed 7-25-2011; Ord. 21-O-04, passed 6-28-2021; Ord. 22-O-01, passed 1-24-2022; Ord. 23-O-07, passed 4-10-2023)