(a) The concurring vote of four-fifths (4/5) of the members of the Board of Adjustment shall be necessary to grant a variance. A majority of the members shall be required to decide any other quasi-judicial matter or to determine an appeal made in the nature of certiorari. For this subsection, vacant positions on the Board and members who are disqualified from voting on a quasi-judicial matter shall not be considered members of the board for calculation of the requisite majority if there are no qualified alternates available to take the place of such members.
(b) The Board of Adjustment shall determine contested facts and make its decision within a reasonable time. Every quasi-judicial decision shall be based upon competent, material, and substantial evidence in the record. Each quasi-judicial decision shall be reduced to writing and reflect the Board's determination of contested facts and their application to the applicable standards. The written decision shall be signed by the Chair or other duly authorized member of the Board. A quasi-judicial decision is effective upon filing the written decision with the Clerk to the Board or such other office or official. The decision of the Board shall be delivered by personal delivery, electronic mail, or by first-class mail to the applicant, property owner, and to any person who has submitted a written request for a copy, before the date the decision becomes effective. The person required to provide notice shall certify that proper notice has been made.
(c) Per G.S. 160D-109(d), all members of the Board of Adjustment shall be subject to the conflict of interest provisions in Section 9-3128. (Ord. of 1/10/05; Ord. of 6/26/06; Ord. of 12/6/10; Ord. of 6/30/14; Ord. of 6/28/21)