A Board of Adjustment (Board) is hereby established pursuant to G.S. § 160D-109. (Note: Conflict of interest rules are stated in G.S. § 160D-109(d) - (e)). A member of the Board or any other body exercising the functions of the Board 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 conflicts 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 member’s participation and that member does not recuse himself or herself, the remaining members shall by majority vote rule on the objection.
(Ord. 39, passed 10-3-2011; Am. Ord. 5-3-2021)