(A) The Board of Adjustment shall elect a Chair and a Vice-Chair from its members who shall serve for two years. Board of Adjustment officers may be the same as Planning Board officers. The Board shall appoint a secretary, who may be a municipal officer, an employee of the town or a member of the Planning Board. The Board shall adopt rules and by-laws in accordance with the provisions of this subchapter and of G.S. § 160D-1-9(d). The Planning Board by-laws may serve as the Board of Adjustment by-laws. Meetings of the Board shall be held at the call of the Chair, and at such other times as the Board may determine. All meetings of the Board shall be open to the public.
(B) Boards shall follow quasi-judicial procedures in determining appeals of administrative decisions, special use permits, certificates of appropriateness, variances, or any other quasi-judicial decision (G.S. § 160D-406).
(C) Members of the Board of Adjustment 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. If an objection is raised to a Board member’s participation at or prior to the hearing or vote on that matter and that member does not recuse himself or herself, the remaining members of the Board shall by majority vote rule on the objection. 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. (G.S. § 160D-109(d), (e), (f)).
(Ord. passed 4-7-2014; Ord. passed 5-3-2021)