(A) With respect to appeals, a motion to reverse, affirm or modify the order, requirement, decision or determination appealed from shall include, insofar as practicable, a statement of the specific reasons or findings of facts that support the motion. If a motion to reverse or modify is not made or fails to receive the four-fifths vote necessary for adoption, then the motion is not approved.
(B) Before granting a variance, the Board of Adjustment must take a vote and vote affirmatively (by a four-fifths majority) on the required findings stated in § 159.02. Insofar as practical, a motion to make an affirmative finding on each of the requirements set forth in § 159.03 shall include a statement of the specific reasons or findings of fact supporting the motion.
(C) A motion to deny a variance may be made on the basis that any one or more of the criteria set forth in § 159.02 are not satisfied or that the application is incomplete. Insofar as practical, such a motion shall include a statement of the specific reasons or findings of fact that support it. This motion is adopted as the Board of Adjustment’s decision if supported by more than one fifth of the Board’s membership.
(D) For the purposes of this section, vacant positions on the Board and members who are disqualified from voting on a quasi judicial matter shall not be considered “members of the Board” for calculation of the requisite supermajority if there are no qualified alternates available to take the place of the members.
(E) Pursuant to the requirements of G.S. § 160D-109(d), a member of the Board of Adjustment 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 conflicts 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. If an objection is raised to a member’s participation and that member does not recuse himself or herself, the remaining members shall by majority vote rule on the objection.
(Ord. passed 7-25-2011; Ord. 21-O-04, passed 6-28-2021; Ord. 23-O-07, passed 4-10-2023)