(A) The Board of Commissioners is the governing body of the town.
(B) The Board of Commissioners, in considering conditional use permit applications, acts in a quasi-judicial capacity and, accordingly, is required to observe the procedural requirements set forth in § 152.022.
(C) In considering proposed changes to the text of this chapter or to the zoning map, the Board of Commissioners acts in its legislative capacity and must proceed in accordance with the requirements of §§ 152.565 through 152.571.
(D) Unless otherwise specifically provided in this chapter, in acting upon conditional use permit requests or in considering amendments to this chapter or to the zoning map, the Board of Commissioners shall follow the regular, voting, and other requirements as set forth in other provisions of the town code, the town’s charter, or general law.
(E) A member may be allowed to withdraw from:
(1) The entire remainder of a meeting; or
(2) For a single item by majority vote of the remaining members present for any good and sufficient reason other than the member’s desire to avoid voting on matters to be considered at that meeting, or from quasi-judicial hearings for the reasons listed in § 152.022. In addition, any member may abstain, without a motion and vote of the Board, on any vote on an application brought under §§ 152.565 through 152.571, including major or minor amendments, text amendments or conditional use district rezoning. The vote of any member abstaining shall not be counted as an affirmative vote.
(F) A motion to allow a member to be excused from voting on an item(s) or excused from the remainder of the meeting is in order if the standards of § 152.022 apply.
(G) A roll call vote shall be taken upon the request of any member.
(Ord. passed 12-20-2001)