(A)
The concurring vote of four-fifths of the Board 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 the purposes of this section, 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) Conflicts of interest.
(1) No member of the Board shall seek to influence a decision, participate in any action or cast a vote involving any advisory decision or matter that is before the Board 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 matter if the landowner of the property subject to action by the Board is a person with whom the member has a close familial, business, or other associational relationship.
(2) A member of any board exercising quasi-judicial functions pursuant to this subchapter 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 due process 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.
(3) Resolution of objection. If an objection is raised to a board member’s participation at or prior to 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.
(4) Familial relationship. For purposes of this subchapter, a CLOSE FAMILIAL RELATIONSHIP means a spouse, parent, child, brother, sister, grandparent, or grandchild. The term includes the step, half, and in-law relationships.
(Ord. passed 5-7-2018; Ord. passed 6-7-2021)