(A) The concurring vote of four-fifths majority 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 the purpose of this division (A), vacant positions on the Board and members who are disqualified from voting on 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) Once a member is physically present at a Board meeting, any subsequent failure to vote shall be recorded as an affirmative vote unless the member has been excused in accordance with division (C) below, or has been allowed to withdraw from the meeting in accordance with division (E) below.
(C) A member of the Board of Adjustment shall not participate in or vote on any 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 relationship with an affected person, or a financial interest in the outcome of the matter.
(D) If an objection is raised to a Board member's participation at or prior to the hearing or vote on that matter and that member does not recuse himself or herself, the remaining members of the Board shall by majority vote rule on the objection.
(E) A member may be allowed to withdraw from the entire remainder of a meeting by majority vote of the remaining members present for any good and sufficient reason other than the member’s desire to avoid voting on matters to be considered at that meeting.
(F) A motion to allow a member to be excused from voting or excused from the remainder of the meeting is in order only if made by or at the initiative of the member directly affected.
(G) A roll call vote shall be taken upon the request of any member.
(2009 Code, § 155.218) (Ord. passed 10-27-1992; Ord. passed 1-24-2006; Ord. 2014-2-25-25, passed 2-25-2014; Ord. 2017-O-57, passed 11-14-2017; Ord. 2021-Z-19, passed 6-22-2021)