Land Development Ordinance - Amended 11-19-2024

(2) Board of Adjustment Members within Extraterritorial Jurisdiction . The Town Board of Commissioners, by resolution, shall recommend the appointment of a number of members to the board of Adjustment that reside in the Town’s extraterritorial jurisdiction (ETJ) to the Wake County Board of Commissioners for appointment. The number of ETJ representatives shall be a number that is proportional to the percentage of the combined Town corporate limits and extraterritorial jurisdiction and shall be reviewed at least with every decennial Census. The Town Board of Commissioners shall establish a review process whereby appointees are considered to be included in the heretofore mentioned resolution. In the event that the Wake County Board of Commissioners fails to make these appointments or notify the Town Board of Commissioners of its appointment or rejection of any appointee included in the resolution within 90 days of submittal to the Clerk of the Wake County Board of Commissioners, the appointees shall be considered as affirmed by the Wake County Board of Commissioners.

d. Conflict of Interest

Per the North Carolina General Statutes §160D-109(a), Board of Commissioner members shall not vote on any zoning or text amendment where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member, or 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.

(1) Involuntary Conflict of Interest . If an objection is raised concerning a Board member's participation and that member does not recuse himself or herself, the remaining members shall by majority vote rule on the objection.

(2) Voluntary Conflict of Interest . If a Board member voluntarily offers and request that he or she recuse himself or herself from participating and voting on a matter before the Board of Commissioners, the Board of Commissioners shall by majority vote rule on the request prior to discussion or voting on such matters.

e. Amendment Consistent with Land Use Plan

Prior to adopting or denying a zoning or rezoning amendment the Town Board of Commissioners shall adopt a statement describing whether its action is consistent with the adopted Comprehensive Plan and explaining why the Board considers the action

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