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A. Application Review and Decision. To review and decide applications for:
1. Appeals of decisions by town staff members deciding applications under this Ordinance; and
2. Variances.
B. Other Powers and Duties. To exercise other powers and authority provided to it by the Board of Commissioners, this Ordinance, or state law.
C. Watershed Review Board. The Board of Adjustment shall serve as the Watershed Review Board and review and decide variance requests from the watershed protection standards in accordance with Section 2.2.21, Variance.
(Ord. 2020-36, passed 12-2-2019)
A. Membership. The BOA shall consist of five regular members.
B. Residence Location and Appointment.
1. Four members shall be citizens and residents of the town and shall be appointed by the Town of Zebulon Board of Commissioners;
2. One member shall be a citizen of Wake County and reside outside the town but within the extraterritorial jurisdiction boundaries of the town and shall be appointed by the Board of Commissioners of Wake County.
a. If despite good faith efforts, enough residents of the extra territorial planning area cannot be found to fill the seats reserved for residents of the area, then the Wake County Board of Commissioners may appoint other residents of the county (including residents of the town) to fill these seats.
b. If the county Board of Commissioners fails to make these appointments within 90 days after receiving a resolution from the town Board of Commissioners requesting that they be made, the town Board of Commissioners may make them.
3. If a regular or alternate in-town member moves outside the town, or if an extra-territorial area regular or alternate moves outside the planning jurisdiction, that shall constitute a resignation from the BOA, effective upon the date a replacement is appointed.
C. Alternate Members.
1. In addition to regular members, the BOA shall have two alternate members.
2. One alternate member shall be shall be a citizen and resident of the town and shall be appointed by the town Board of Commissioners.
3. One member shall be a citizen of Wake County and reside outside the town but within the extraterritorial jurisdiction boundaries of the town and shall be appointed by the Board of Commissioners of Wake County.
4. Alternate members shall be appointed for the same term, at the same time, and in the same manner as regular members.
5. Each alternate member, while attending any regular or special meeting of the BOA and serving in the absence of any regular member, shall exercise all the powers and duties of a regular member.
6. Town alternate members shall only replace regular town members and extraterritorial alternate members shall only replace regular extraterritorial members.
D. Member Terms.
1. Board of Adjustment members shall be appointed for three-year staggered terms expiring on June 30.
2. Members may continue to serve until their successors have been appointed.
3. There shall be no term limits for those serving on the BOA.
E. Vacancies. Vacancies occurring for reasons other than expired terms shall be filled as they occur for the unexpired remainder of the term either by the town Board of Commissioners or the County Commissioners of Wake County, depending upon the area represented.
F. Officers.
1. The BOA shall elect a Chair and Vice-Chair and create and fill such other offices as it may determine. The term of the Chair and other officers shall be one year, with eligibility for reelection.
2. Election of officers shall take place at the first meeting of the Board following the beginning of the fiscal year.
(Ord. 2020-36, passed 12-2-2019)
A. Generally. The BOA shall adopt rules for the transaction of its business and shall keep a record of its members' attendance and its resolutions, discussions, findings and recommendations, which record shall be a public record.
B. Compensation. Members of the BOA shall receive no compensation for their services.
C. Schedule.
1. The BOA shall establish a regular meeting time and place.
2. Unless there is no business to be conducted, the BOA shall hold at least one meeting monthly.
3. The BOA may elect to change and/or delete meeting dates, times and/or locations of its regular meetings.
D. Open Meetings. All meetings and hearings shall be open to the public.
E. Official Record.
1. The BOA shall keep minutes of its proceedings showing the vote of each member upon each question and the absence or failure of any member to vote.
2. Unless otherwise provided by law, all records and minutes shall be public record.
F. Quorum.
1. No official business of the BOA may be conducted without a quorum present.
2. A quorum shall be defined as the number of members equal to four-fifths of the regular board membership, excluding vacant seats.
G. Voting.
1. The concurring vote of four-fifths of the BOA members shall be necessary to grant a variance.
2. A simple majority of the BOA members shall be required to decide any other matter.
3. Members who are recused from voting due to a conflict of interest shall not be counted towards a simple or super majority.
4. The members appointed to the BOA by the Board of Wake County Commissioners as representatives of the extraterritorial area outside the town shall have equal rights, privileges and duties with the other members of the BOA regardless of whether the matters at issue arise within the town or within the extraterritorial area.
H. Attendance. Faithful attendance at meetings of the BOA is considered a prerequisite to continued membership, and the appointing authority may remove and replace any member continually delinquent in his duty to attend.
1. Regular members of the Board of Adjustment may be removed by the Board of Commissioners at any time for failure to attend three consecutive meetings or for failure to attend 70 percent or more of the meetings within any 12-month period or for any other good cause related to performance of duties.
2. Alternate members may be removed for repeated failure to attend or participate in meetings when requested to do so in accordance with regularly established procedures.
I. Conflict of Interest.
1. A member of the BOA shall not vote, nor participate in any manner that would violate an affected person's constitutional rights to an impartial decision maker; including, but are not limited to:
a. A member having a fixed opinion prior to hearing the matter that is not susceptible to change;
b. Undisclosed ex-parte communication;
c. A close family, business, or other associational relationship with an affected person; or
d. Financial interest in the outcome of the matter.
2. If an objection is raised to a member's participation and that member does not recuse theirself, the remaining members shall by majority vote rule on the objection.
(Ord. 2020-36, passed 12-2-2019; Ord. 2021-65, passed 5-3-2021)
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