10-1.1   ESTABLISHMENT AND MEMBERSHIP

(A)

Creation .....A Forsyth County Board of Adjustment, consisting of five (5) members, with two (2) alternate members, appointed by the Elected Body (Board of Commissioners) has been established and is hereby continued.

(B)

Membership

(1)

Tenure. .....The members are to serve for terms of three (3) years, except that the initial Board of Adjustment is to consist of one appointee for a term of one year; two (2) appointees for terms of two (2) years, and two (2) appointees for terms of three (3) years. Thereafter, all appointments are to be for terms of three (3) years. The two (2) alternate members are to serve for terms of three (3) years, except that initially one alternate member shall serve for a term expiring April 30, 1989, and one alternate member shall serve for a term expiring April 30, 1990. Thereafter, alternate member appointments are to be for a term of three (3) years.

(2)

Vacancies. .....Any vacancy on the Board of Adjustment is to be filled by the Elected Body for the remainder of the unexpired term.

(3)

Removal for Cause. .....Any member of the Board of Adjustment may be removed for cause by the Elected Body upon written charges and after a public hearing.

(4)

Alternate Members. .....In the absence or temporary disqualification of any regular member at a regular or special meeting of the Board of Adjustment, an alternate member or members may sit on the Board of Adjustment and serve in replacement while attending the regular or special meeting, and shall have and exercise all the powers and duties of a regular member for that meeting.

(C)

Voting .....The concurring vote of four-fifths of the membership of the Board of Adjustment shall be required to grant any Variance. The concurring vote of a majority of the members of the Board of Adjustment shall be necessary to reverse any order, requirement, decision, or determination of the Director of Inspections, or to decide in favor of the applicant on any other matter upon which the Board of Adjustment is required to pass judgment. For the purposes of this subsection, 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.

(D)

Compensation .....The per diem compensation of the members of the Board of Adjustment shall be fixed by the Elected Body.

(E)

Rules and Procedures .....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.

The Board of Adjustment shall adopt other rules and procedures as it deems necessary, as long as they do not conflict with the rules and procedures established in this section.

(Ord. of 6-24-21)

10-2.1   Walkertown

(A)

Creation and Designation .....The Walkertown Planning Board (hereafter referred to as "Planning Board") was created and established pursuant to Ordinance No. 02-004 adopted by the Town Council of Walkertown on October 22, 2002.

(B)

Membership and Vacancies .....The Planning Board shall be comprised of five (5) members, all members shall be citizens and residents of the Town of Walkertown. One of the initial members shall be appointed for a term of one year; two (2) for two (2) years; and two (2) for three (3) years. Their successors shall be appointed for terms of three (3) years. Vacancies occurring for reasons other than expiration of terms shall be filled as they occur for the period of the unexpired term. Members may be removed by the Town Council.

(C)

Organization, Rules, Meetings, Records, General Powers and Duties .....See Ordinance No. 02-004 adopted by the Town Council of Walkertown on October 22, 2002.