(a) The board of commissioners shall have the following responsibilities in relation to the administration of this chapter:
(1) Hear and decide applications for amendments to the text, schedules and zoning atlas map portions of this chapter;
(2) Hear and decide applications for a special use permit;
(3) Establish rules and procedures for the conduct of hearings and other procedures before the board of commissioners;
(4) Make the necessary appointments to the planning board and board of adjustment; and
(5) Provide by appropriation, funds for the administration of this chapter.
(b) In considering proposed amendments to the text of this chapter or to the zoning atlas, the board of commissioners acts in its legislative capacity and shall observe the procedural requirements set forth in division 4 of this article.
(c) In considering special use permit applications, the board of commissioners acts in a quasijudicial capacity and, accordingly, shall observe the procedural requirements set forth in article IV of this chapter.
(d) Unless otherwise specifically provided for in this chapter, the board of commissioners, in acting upon a special use permit application or in considering amendments to this chapter or the zoning atlas, shall observe the quorum, voting, and other requirements set forth in the board of commissioners administrative policy.
(e) The board of commissioners shall adhere to the following conflict of interest provisions required by G.S. 160D-109:
(1) Commissioners shall not vote on any legislative decision regarding a development regulation adopted pursuant to this chapter where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member.
(2) Commissioners shall not vote on any zoning amendment if the landowner of the property subject to a rezoning petition or the applicant for a text amendment is a person with whom the member has a close familial, business, or other associational relationship.
(3) Commissioners shall not participate in or vote on any quasijudicial 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.
(4) If an objection is raised to a board member's participation at or prior to the hearing or vote on a particular matter and that member does not recuse himself or herself, the remaining members of the board shall by majority vote rule on the objection.
(Ord. of 7-10-2000, § 15.1; Amend. of - - )