(D)   All members appointed to the Board of Adjustment shall, before entering their duties, qualify by taking an oath of office as required by G.S. § 160D-309.

   (E)   Proportional representation of populations within the extraterritorial area shall be provided by appointing residents of the entire extraterritorial planning and development regulation area to the Board of Adjustment with a minimum of one resident appointed from the extraterritorial area. The population estimates for this calculation shall be updated no less frequently than after each decennial census.

(2009 Code, § 155.215) (Ord. passed 10-27-1992; Ord. 2017-O-57, passed 11-14-2017; Ord. 2021-Z-19, passed 6-22-2021)

   (E)   Minutes shall be kept of all Board procedures and the vote of every member on each issue shall be recorded.

(2009 Code, § 155.216) (Ord. passed 10-27-1992; 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)

   (B)   A member who has withdrawn from the meeting without being excused as provided in § 155.243(C) shall be counted as present for purposes of determining whether a quorum is present.

   (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)

      (1)   Appeals from any decision made by the Planning Director or his or her designee. The term decision includes any final and binding order, requirement, or determinations by the Planning Director (see § 155.275(C));

      (4)   Any other quasi-judicial decision or matter the Board is required to act upon by any other city ordinance.

   (B)   The Board may adopt rules and regulations governing its procedures and operations not inconsistent with city policies.

(2009 Code, § 155.220) (Ord. passed 10-27-1992; 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)