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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)
A. Application Review and Decision. To initiate, review, and decide applications for:
1. Comprehensive Plan Amendments;
2. Development Agreements;
3. Planned Developments;
4. Special Use Permits;
5. UDO Text Amendments;
6. Vested Rights Determinations; and
7. Zoning Map Amendments.
B. Other Powers and Duties.
1. To approve, by resolution, a schedule of fees governing:
a. Applications for permits and other development approval reviews under this ordinance; and
b. Civil penalties for violations of this Ordinance.
2. To take any other action not delegated to the Planning Board, BOA, or town staff, as the Board of Commissioners may deem desirable and necessary to implement the provisions of this Ordinance.
In accordance with North Carolina General Statutes 160D-109(a), a governing board member shall not vote on any legislative decision regarding a development regulation adopted pursuant to this Chapter where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member. A governing board member shall not vote on any zoning amendment if the landowner of the property subject to a rezoning petition or the applicant for a text amendment is a person with whom the member has a close familial, business, or other associational relationship.
(Ord. 2020-36, passed 12-2-2019; Ord. 2021-65, passed 5-3-2021)
The Planning Board is hereby established in accordance with Section 160D-301 of the North Carolina General Statutes. The Planning Board shall have the following powers and duties, composition, and rules of procedure under this Ordinance:
(Ord. 2020-36, passed 12-2-2019; Ord. 2021-65, passed 5-3-2021)
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