§ 154.040 APPOINTMENT AND TERMS OF BOARD OF ADJUSTMENT.
   (A)   There shall be a Board of Adjustment consisting of five regular members and three alternates. Alternates shall serve on the Board in the absence or temporary disqualification of any regular member or to fill a vacancy pending appointment of a member. Each alternate, while attending any regular or special meeting of the Board and serving on behalf of any regular member, shall have and may exercise all the powers and duties of a regular member. All members shall be residents of the Town of Beech Mountain.
   (B)   Board of Adjustment regular members and alternates shall be appointed for three-year staggered terms, but both regular members and alternates may continue to serve until their successors have been appointed. Vacancies may be filled for the unexpired terms only.
   (C)   Members may be reappointed to successive terms without limitation.
   (D)   Unless the Town Council takes specific action to excuse the absences and reappoints a member after being informed by the Administrator of the member's failure to attend, regular Board of Adjustment members shall be automatically removed for failure to attend three consecutive meetings or for failure to attend 50% of the regular meetings in any 12-month period. Absence due to sickness, death, or other emergencies of like nature shall be recognized as excused absences, and shall not affect the member's status on the Board, except that in the event of a long illness or other such cause for prolonged absence, the member shall be replaced. Alternate members shall likewise be removed for failure to attend or participate in three consecutive meetings for which the member's attendance is requested. The Administrator shall notify in writing any member for whom one more absence will trigger removal. In addition, the Administrator or a member of the Town Council may propose removal of a member for any other good cause related to the performance of Board duties, but before removal on that basis, the member shall be given an opportunity to appear before the Town Council to address the issues involved.
   (E)   If a regular or alternate member moves outside the town that shall constitute a resignation from the Board.
   (F)   Every person appointed to the Board of Adjustment shall, before entering upon the duties of the office, take and subscribe the oath of office prescribed in Article VI, § 7 of the North Carolina Constitution. Oaths of office shall be administered by some person authorized by law to administer oaths and shall be filed with the Town Clerk.
(Ord. passed 10-14-2008; Ord. 2021-03, passed 6-8-2021)