§ 58-235. Board of adjustment action.

(a)

The concurrent vote of four-fifths of the members of the board of adjustment, not otherwise vacant or excused, shall be necessary to grant any variance from the provisions of this chapter. 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. At least one of the sitting members shall be the chairman or the vice chairman. 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.

(b)

Any member of the board who declares that a potential conflict of interest may exist with respect to any petition or application before the board may be excused and replaced by an alternate. 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. In the event fewer than three members remain, no reversal of any prior decision may be made.

(c)

The board shall determine contested facts and make its decision within 30 days of the hearing, unless consented to by the applicant. Every quasi-judicial decision shall be based upon competent, material and substantial evidence in the record. Each quasi-judicial decision shall be reduced to writing and reflect the board's determination of contested facts and their application to the applicable standards. The written decision shall be signed by the chair or other duly authorized member of the board. A quasi-judicial decision is effective upon filing the written decision with the clerk to the board or such other office or official as the ordinance specifies.

(d)

All decisions of the board of adjustment shall be filed with the zoning administrator and a written copy thereof shall be delivered by personal delivery, electronic mail, or by first class mail to the applicant, property owner, and to any person who has submitted a written request for a copy, prior to the date the decision becomes effective. The person required to provide notice shall certify that proper notice has been made.

(Ord. No. O-2010-08, 6-14-2010; Ord. No. O-2014-10, 10-13-2014)