ARTICLE I
General Rules
The Zoning Board of Adjustment shall be governed by the terms of G.S. §160D-302 of the General Statutes of North Carolina and by the Zoning Ordinance of the Town of Murphy, North Carolina. All members of the board shall thoroughly familiarize themselves with the laws.
ARTICLE II
Officers and Duties
(A) Chair. The Chair shall be elected by majority vote of the Board membership. The term of office shall be for one year or until re-elected or the successor is elected. The election shall take place as the first order of business at the first meeting. Subject to these rules, the Chairman shall decide upon all points of order and procedure, unless directed otherwise by majority of the Board in session at that time, in which case Robert's Rules of Order shall prevail. The Chairman shall appoint any committees found necessary to investigate any matter before the Board.
(B) Vice-Chair. The Vice-Chair shall be elected by majority vote of the Board membership. The term of office shall be for one year or until re-elected or the successor is elected. The Vice Chairman shall serve as Acting Chairman in the absence of the Chairman, and at such times shall have the same powers and duties as the Chairman.
(C) Secretary. A secretary shall be appointed by the Board who may be a municipal officer, an employee of the town or a member of the Zoning Board of Adjustment. The secretary shall hold office during the term of the Chairman, keep all records, conduct all correspondence of the Board, arrange for all public notices required to be given and generally supervise the clerical work of the Board. The secretary shall keep a permanent volume of the minutes of every meeting of the Board. The minutes shall include a record of all important facts pertaining to each meeting and hearing, every resolution acted upon by the Board and all votes of members of the Board upon any resolution or upon the final determination of any question, indicating the names of members absent or failing to vote. If the secretary is chosen from outside the membership of the Board, the secretary shall not be eligible to vote in any matter.
ARTICLE III
Membership
(A) The Board of Commissioners shall appoint five members to serve on the Zoning Board of Adjustment for overlapping terms of three years. Initially, two members shall be appointed for one year terms, two members shall be appointed for two year terms and one member shall be appointed for a three-year term.
(B) The Board of Commissioners shall appoint three alternate members to serve on the Zoning Board of Adjustment in the absence of any regular member. Alternate members shall be appointed for one year terms. While attending in the capacity of a regular member, the alternate shall have and exercise all powers and duties of the absent regular member.
(C) The Board of Commissioners shall by appointment fill any vacancy in the membership of the Zoning Board of Adjustment. The appointee shall serve the balance of the unexpired term of the member who the appointee is replacing.
(D) Members of the Zoning Board of Adjustment shall serve without pay, but shall be reimbursed for any expenses incurred in pursuit or the Board's activities subject to approval by the Board of Commissioners.
ARTICLE IV
Rules of Conduct for Members
(A) Members of the Board may be removed by the Board of Commissioners for cause, including violation of the rules stated below.
(B) Faithful attendance at meetings of the Board and conscientious performance of the duties required of members shall be considered a prerequisite of continuing membership on the Board.
(C) As stated in Section 1702.07, a member of the Board or any other body exercising quasi-judicial functions pursuant to G.S. §160D-109 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. In addition, a member shall not participate in any zoning map or text amendment recommendation in which the member has a personal or financial interest. A Board member shall have a "financial interest" in a case when a decision will cause the Board member or related spouse to experience a direct financial benefit or loss, or will cause a business, in which the Board member or related spouse owns any interest, to experience a direct financial benefit or loss. A Board member shall have a "personal interest" in a case when it involves the immediate family, i.e. parent, spouse or child, of the Board member. Board members with a potential conflict of interest shall notify the Chair at least 48 hours prior to the hearing of any case. The Chair shall notify an alternate member that he or she needs to attend the meeting. Whenever possible, the member with the conflict shall attend the meeting to state the conflict, upon which time the alternate member shall be seated for that case. The member with the conflict shall then withdraw from the meeting while the case is being heard. Except at the election of officers, at no time shall more than five members participate officially in any meeting or hearing, including asking questions of witnesses or engaging in deliberation of the case. Only parties to a case or another member of the Board can raise an objection to a member's participation in that case. 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.
(D) No Board member shall vote on any matters deciding an appeal or application unless the member has attended the public hearing on that appeal or application.
(E) No Board member shall discuss any case with any party thereto prior to the public hearing on that case; provided, however, that members may receive and/or seek factual information pertaining to the case from the Zoning Administrator, prior to the hearing.
(F) Members of the Board shall not express individual opinions on the proper judgment of any case with any party thereto prior to the determination of that case.
ARTICLE V
Meetings
(A) Regular meetings of the Board shall be held in the Town Hall; provided, however, that meetings may be held at other convenient places in the town or county if directed by the Chairman in advance of the meeting.
(B) Emergency or special meetings of the Board may be called at any time by the Chair. At least 48 hours notice of the time and place of such meetings shall be given by the secretary or the Chairman, in writing or orally, to each member of the Board.
(C) A quorum shall consist of four members of the Board and shall be necessary for the transaction of any business. The Board shall not pass upon any questions relating to an appeal from a decision, order, requirement or determination of the Zoning Administrator or an application for a variance when there are fewer than four members present.
(D) Proxy voting shall not be permitted.
(E) All meetings shall be open to the public and the order of business at regular meetings shall be as follows:
(1) Roll Call;
(2) Reading of Minutes of Previous Meetings;
(3) Hearing Cases;
(4) Reports of Committees;
(5) Unfinished Business; and
(6) New Business.
ARTICLE VI
Appeals and Applications
(A) Rules of debate.
(1) Every member desiring to speak shall address the Chair and, upon recognition by the Mayor, shall confine himself or herself to the question under debate, avoiding all personalities and indecorous language.
(2) A member, once recognized, shall not be interrupted when speaking, unless it be to call him or her to order or as herein otherwise provided. If a member, while speaking, be called to order, he or she shall cease speaking until the question of order be determined and, if in order, he or she shall be permitted to proceed.
(B) Questions of procedure. When any question of procedure shall arise, the latest revised edition of Robert's Rules of Order shall govern the question, unless the Board has adopted a specific rule of its own on the matter.
ARTICLE VII
Appeals and Applications
(A) Procedure for filing appeals. Appeals shall be filed on the proper form, addressed to the Zoning Board of Adjustment and delivered to the office of the Zoning Administrator. All required information shall be provided before an appeal or an application shall be considered as having been filed.
(B) Hearings.
(1) Time. After receipt from the Zoning Administrator of a completed appeal or variance application, the Chairman shall schedule the time for the hearing, which shall be at the next regularly scheduled meeting or at least within 31 days.
(2) Notice. The Board shall give notice of the hearing as specified in § 153.100(B). Mailed notices shall state the location of the building or lot, the general nature of the question involved and the time and place of the hearing.
(3) Administrative materials.
(a) The administrator or staff to the Board shall transmit to the Board all applications, reports, and written materials relevant to the matter being considered. Such administrative materials must be presented at the hearing and made part of the hearing record.
(b) Administrative materials may be distributed to Board members in a meeting packet in advance of the evidentiary hearing. If this is done, then the same materials must be distributed to applicant and landowner at the same time.
(4) Conduct of hearing. Parties or their attorney shall appear in person at the hearing. The order of business for each hearing shall be as follows:
(a) The Chair or the person so directed to do so by the Chairman, shall give a preliminary statement of the case.
(b) Witnesses shall be sworn in.
(c) The applicant shall present the arguments in support of the case or application. Witnesses in favor of the applicant's request may be called and factual evidence submitted.
(d) Applicants and proponents may be questioned by the Board.
(e) Persons opposed to granting the application shall present their argument. Witnesses may be called and factual evidence submitted in opposition.
(f) Opponents may be questioned by the Board.
(g) Both sides shall be permitted to present rebuttals to opposing testimony.
(h) The Board may at its discretion view the premises and obtain additional facts of the matter before arriving at a determination of the case.
(i) Discussion of the case among Board members, leading to "findings of fact" and conclusions, with reference to ordinance.
(j) Motion.
(C) Decisions.
(1) Time. Decisions by the Board shall be made not more than 30 days from the time of the hearing.
(2) Rehearings. An application for a rehearing may be made in the same manner as provided for an original hearing. Evidence in support of the application shall initially be limited to that which is necessary to enable the Board to determine whether there has been a substantial change in the facts, evidence or conditions in the case. A rehearing shall be granted by the Board if in its judgment there has been such a change and it shall thereupon treat the request in the same manner as any other application.
(3) Public record of decisions. The decisions of the Board, as filed in its minutes, shall be a public record, available for inspection at all reasonable times. Said records shall be kept by the secretary, who shall make them available to the public.
ARTICLE VIII
Amendments
These rules may, within the limits allowed by law, be amended at any time by an affirmative vote of not less than four-fifths (4/5) of the Board, provided that such amendment is presented in writing at a meeting of the Board, preceding the meeting at which the vote is taken.
(Ord. passed 6-2-2014; Am. Ord. passed 6-7-2021)