(2) Voluntary Conflict of Interest . If a Board of Adjustment member voluntarily offers and request that he or she recuse himself or herself from participating and voting on a matter before the Board of Adjustment, the Board of Adjustment shall, by majority vote, rule on the request prior to discussion or voting on such matters.
g. Removal of a Member
Any member of the Board of Adjustment may be removed by the Town Board of Commissioners, including but not limited to neglect of duty, malfeasance, misconduct, or failure to faithfully attend meetings. The Town Board of Commissioners shall conduct a hearing in public which the member being discussed for removal will present information to the Town Board of Commissioners for consideration. The information that the Town Board of Commissioners considers must be in writing from the Mayor, a Town Commissioner or the chair of the Board of Adjustment (through the Planning Director).
h. Quasi-Judicial Decisions
The Board of Adjustment shall determine contested facts and make its decision on appeals, special use permits and variances within a reasonable time. Every quasi-judicial decision on appeals, special use permits and variances shall be based upon competent material and substantial evidence in the record in accordance with Article Q Procedures & Administration, §9-1802 Public Hearings.
i.
Powers & Duties
The Board of Adjustment shall sit as a quasi-judicial board to hear testimony and determine findings of fact in the course of a review, deliberation and action on each item before it. The Board of Adjustment is hereby vested with the duties and powers imposed upon and granted to a planning agency pursuant to North Carolina General Statutes §160D-405, -406, -705, -1402, including without limitation, the powers and duties listed below to the fullest extent permitted in accordance with the Land Development Ordinance and other applicable laws as follows: (1) Appeals . The Board of Adjustment shall hear and decide appeals of decisions by the Planning Director (Zoning and Subdivision Administrator), Director of Engineering, or Inspections Director charged with the enforcement as specified in the Land Development Ordinance and may hear appeals arising out of any other decisions by administrative staff, or ordinance that regulates land use or development pursuant to the following:
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