Sec. 36-180. Rules of conduct.
   (a)   Members of the board of adjustment may be removed by the town council for cause, including violation of the rules stated in this section.
   (b)   Faithful attendance at meetings of the board and conscientious performance of the duties required of members of the board shall be considered a prerequisite to continuing membership on the board.
   (c)   A board member 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.
   (d)   No board member shall discuss any case with any parties thereto prior to the hearing on that case; provided, however, that members may receive and/or seek information pertaining to the case from the zoning administrator or any other member of the board, its secretary or clerk prior to the hearing.
   (e)   Members of the board shall not express individual opinions on the proper judgment of any case prior to its determination on that case.
   (f)   When a member is aware of a potential conflict of interest, he shall give notice to the chairperson at least 48 hours prior to the time scheduled for hearing such matter.
   (g)   No board member shall vote on any matter that decides an application or appeal unless he has attended the hearing on that application or appeal.
   (h)   All members appointed to the board shall, before entering their duties, qualify by taking an oath of office as required by G.S. 153A-26 and 160A-61.
(Code 1989, § 92.082; Ord. of 1-22-1991; Ord. of 10-9-2012; Ord. of 10-8-2013; Ord. No. 21-05-11, 5-11-2021)