(a) Legislative Decisions
1. Board of Commissioners: A member of the Dare County Board of Commissioners shall not vote on any legislative matter regarding a development regulation adopted where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member. A member of the Dare County Board of Commissioners shall not vote on any zoning amendment or preliminary subdivision plat approval if the landowner of the property or the applicant is a person with whom the member has a close familial, business, or other associational relationship.
2. Planning Board: A member of the Planning Board shall not vote on any advisory or legislative decision regarding a development regulation where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member. A Planning Board member shall not vote on any zoning amendment if the landowner of the property subject to a rezoning petition or an applicant of a text amendment, a preliminary plat approval or travel trailer park/campground site plan is a person with whom the member has a close familial, business, or other associational relationship.
3. Administrative Staff: No Planning Department staff member shall make a final decision on an administrative development approval required by this chapter if the outcome of that decision would have a direct, substantial, and readily identifiable financial impact on the staff member or if the applicant or other person subject to that decision is a person with whom the staff member has a close familial, business, or other associational relationship. If a staff member has a conflict of interest under this section, the decision shall be assigned to the supervisor of the Planning Department staff person. If the affected staff member is the Planning Director, then the Dare County Manager shall be the designated person to render the administrative decision. No staff member shall be financially interested or employed by a business that is financially interested in a development subject to regulation under this chapter unless the staff member is the owner of the land or building involved. No staff member or other individual or an employee of a company contracting with Dare County to provide staff support shall engage in any work that is inconsistent with his or her duties in the Planning Department or inconsistent with the interest of Dare County as determined by Dare County.
(b) Quasi-judicial Decisions: A member of any Dare County board exercising quasi-judicial functions, including special use permits, shall not participate in or vote on any quasi-judicial matter in a manner that would violate affected persons' constitutional rights to an impartial decision maker. Impermissible violations of due process include, but are not limited to, a member having a fixed opinion prior to hearing the matter that is not susceptible to change, undisclosed ex parte communications, a close familial, business, or other associational relationship with an affected person, or a financial interest in the outcome of the matter.
(c) Resolution of Objection: If an objection is raised to a board member's participation at or prior to a hearing or vote on that particular matter and that member does not recuse himself or herself, the remaining members of the Board of Commissioners shall by majority vote rule on the objection.
(d) Familial Relationship: For purposes of this section, a close familial relationship means a spouse, parent, child, brother, sister, grandparent, or grandchild. The term includes the step, half, and in-law relationships.
(Ord. passed 6-21-2021)