A. Disqualification Required: Planning and zoning commission members or members of the county planning and zoning commission staff must disqualify himself or herself from participating in any proceeding before the commission in which that member has a conflict of interest. The member must disqualify at the earliest possible time.
B. Failure To Disqualify: Proceeding means preparation, research, discussion and voting on the matter before the commission. If a court finds that a member has a conflict of interest and does not disqualify, the action by the planning and zoning commission may be held to be void or voidable.
C. Considerations For Disqualification: The following questions should be considered by each commission and staff member to determine if he/she has a conflict of interest:
1. Do you live or own property in or near the area (within 300 feet of the outside boundaries of the proposed change) for which the proposed change is requested?
If you live or own property in or near the area, then you should disqualify yourself from the proceeding.
2. Do you have a financial interest in or near the area for which the proposed change is being requested?
If you lease property in or near the area, or have an option to sell or purchase property then you should disqualify yourself from the proceeding.
3. Does your employer or an organization to which you belong have a financial interest in or near the area or in the proposed change currently before the commission?
If your employer or organization has property in or near the area or has a lease or option to purchase or sell property within the area, or some other financial interest such that acceptance or rejection of the proposal will cause an economic effect upon your employer, then you should disqualify yourself from the proceeding.
4. Do you have family which have a financial interest in the area?
If you are related by affinity (marriage) or consanguinity (blood) within the second degree (aunts/uncles, nieces/ nephews) to people who have a financial interest, as described in subsection C1 or C2 of this section, then you should disqualify yourself from the proceeding.
5. Have you publicly expressed an opinion as to the facts of the proposed change now before you?
If you have expressed publicly an opinion or position concerning the facts now before you in a manner which would tend to show that you have already made your decision concerning the proposal, you should consider disqualifying yourself from the proceedings. However, before you disqualify yourself, please check with staff for further assistance. (Ord. 36, 11-22-1983)