3.5.1 Composition. The Town Council may appoint a Board of Adjustment consisting of five or more members, each to be appointed for three years. In appointing the original members or in the filling of vacancies caused by the expiration of the terms of existing members, the Council may appoint certain members for less than three years so that the terms of all members shall not expire at the same time. The Council may appoint alternate members to serve on the Council in the absence or temporary disqualification of any regular member or to fill a vacancy pending appointment of a member. Alternate members shall be appointed for the same term, at the same time, and in the same manner as regular members. Each alternate member serving on behalf of any regular member has all the powers and duties of a regular member. The ordinance may designate a planning board or governing board to perform any of the duties of a Board of Adjustment in addition to its other duties and may create and designate specialized boards to hear technical appeals.
3.5.2 Powers and duties. Hear and decide:
• Requests for variances (Article 4.5); and
• Appeal of Administrative Decision (Article 4.10).
As used in this section, the term
DECISION includes any final and binding order, requirement, or determination. The Board of Adjustment shall follow quasi-judicial procedures when deciding appeals and requests for variances and special and conditional use permits. The Board shall hear and decide all matters upon which it is required to pass under any statute or ordinance that regulates land use or development.
3.5.3 Voting. Any member of the Council or an appointed board exercising quasi-judicial functions may not participate in any vote on a matter that could involve a conflict of interest or could violate an applicant’s right to an impartial decision. Conflicts of interest include, but are not limited to, undisclosed ex parte communications; a familial, business, financial, or other relationship with an affected person or party; a direct or indirect financial, business, professional, or personal interest in the outcome of the matter; or having a fixed opinion not susceptible to change prior to hearing a matter. If an objection is raised to a member’s participation, and that member does not recuse himself or herself, the remaining members of the Council or Board shall by majority vote rule on the objection.
(G.S. § 160D-109) (Ord. passed 2-3-2021)