(A) Generally. The Board of Adjustment shall adopt rules for the transaction of its business and shall keep a record of its members' attendance and its resolutions, discussions, findings and recommendations, which record shall be public record.
(B) Meetings. The Board of Adjustment shall adopt a regular meeting schedule. In addition, the Board of Adjustment may hold such special meetings as the conduct of its business may require. All meetings and hearings shall be open to the public.
(C) Quorum. No official business of the Board of Adjustment may be conducted without a quorum present.
(D) Participating and voting. The concurring vote of four-fifths of the Board shall be necessary to grant a variance. A majority of the members shall be required to decide any other quasi-judicial matter or to determine an appeal made in the nature of certiorari.
(1) For the purposes of this division, 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 majority if there are no qualified alternates available to take the place of such members.
(2) Once a member is physically present at a Board of Adjustment meeting, any subsequent failure to vote will be recorded as an affirmative vote unless the member has recused himself or herself, or been excused in accordance with the division below.
(3) A 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 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. 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. In addition, a member who was not present at the hearing at which evidence relevant to the matter at issue was taken shall not vote on the matter.
(E) Board Member Attendance. Any member of the Board of Adjustment who misses more than three consecutive regular meetings, or more than half of the regular meetings in a calendar year shall be subject to removal and replacement by City Council.
(Ord. O-2022-34, passed 4-12-22)