(A) The Board shall be composed of five members. Three of the members shall be citizens and residents of the town and shall be appointed by the Town Board of Commissioners; two of the members shall be citizens and residents of the town’s extraterritorial area and shall be appointed by the County Board of Commissioners. The members of the Board will serve staggered terms of three years each with the exception of the initial appointment. The members shall receive compensation for their service at a rate determined by the Town Board of Commissioners. Two alternate members from the town and one alternate member from the extraterritorial area may also be appointed. Since the Town Planning Board has been designated to also function as the Town Board of Adjustment, newly appointed Planning Board members automatically become members of the Board of Adjustment. Terms of office of new Board of Adjustment members are synchronous with their terms as Planning Board members. Extraterritorial and town members have equal voting rights on any and all issues. Alternate members shall be appointed for the same term, at the same time, and in the same manner as regular members. Each alternate member, while attending any regular or special meeting of the Board and serving on behalf of any regular member, shall have and may exercise all the powers and duties of a regular member.
(B) The Board shall have a Chairperson elected by its membership and shall have a Secretary to keep appropriate records of the Board’s proceedings. The Board shall adopt such procedural rules and regulations as it deems necessary. All Board meetings shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon every question, or his or her absence or failure to vote, indicating such fact, and also keep records of its examination and any other official action. Unless it is stated that a conflict of interest exists, the abstaining from voting by a present member shall be considered as a “yes” vote, upholding the decision of the Ordinance Administrator.
(C) A member of the Board of Adjustment 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.
(D) Town members of the Board may be removed by action of the Town Board of Commissioners; extraterritorial members by action of the County Board of Commissioners. Removal may be for inefficiency, neglect of duty or malfeasance in office, and such removal may only come after a public hearing concerning the action to be held.
(Ord. passed 9-3-1986; Ord. passed 1-1-2006; Ord. passed 5-6-2008)
Statutory reference:
Board of Adjustment; appointment, see G.S.§ 160A-388(d)
Board of Adjustment; voting, see G.S. § 160A-381(e1)