(A) The concurring vote of three-fifths of the members of the Board of Adjustment shall be necessary to issue a special use permit in accordance with § 153.347. The concurring vote of four-fifths of the members shall be necessary to reverse any order, requirement, decision or determination of the Zoning Administrator or the Town Building Inspector, or to grant a variance from the provisions of this chapter. All other actions of the Board of Adjustment shall be taken by majority vote, a quorum being present.
(B) Once a member is physically present at a Board meeting, any subsequent failure to vote shall be recorded as an affirmative vote unless the member has been excused in accordance with division (C) below or has been allowed to withdraw from the meeting in accordance with division (D) below.
(C) A member may be excused from voting on a particular issue by majority vote of the remaining members present under the following circumstances:
(1) If the member has a conflict of interest that would violate § 153.330;
(2) If the matter at issue involves the member's own official conduct; or
(3) If participation in the matter might violate the letter or spirit of a member's code of professional responsibility.
(D) A member may be allowed to withdraw from the entire remainder of a meeting 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 the meeting.
(E) A motion to allow a member to be excused from voting or excused from the remainder of the meeting is in order only if made by or at the initiative of the member directly affected.
(F) A roll call vote shall be taken upon the request of any member.
(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)