(a) Members of the Board of Adjustment shall not vote on any appeal or variance where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member. An appointed Board member shall not vote on any appeal or variance if the landowner of the property or the applicant is a person with whom the member has a close familial, business, or other associational relationship.
(b) Quasi-judicial decisions. A member of the Board of Adjustment exercising quasi-judicial functions according to this chapter 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 the due process include, but are not limited to, a member having a fixed opinion before 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 financial interest in the outcome of the matter.
(c) Resolution of objection. If an objection is raised to a board member's participation at or before the hearing or vote on a particular matter and that member does not recuse himself or herself, the remaining members of the board shall by majority vote rule on the objection. (Ord. of 6/28/21)