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Article 1: Administration 32 Section 1.8: Board of Adjustment 1.8.2 Tenure and Membership (A) Tenure and Membership information is included in the Orange County Advisory Board Policy and the Board of Adjustment Rules of Procedure, as approved by the Board of County Commissioners.The members shall be appGiRted by the Board of County Commissi . - fo. t��_to._.... ol"Ith.ee soars 0 member whose term hasexpired shall GORtiRU8 W serve OR th8 Board until his/her respective successor has been appeiRted and qualified. (B) Memberl..;' termR. shall be staggered se that all terrRs Will Ret expire simultaReously. memher's term the a intment shall he for the time n ied of the i red term only and shall not hen Inted a a regular term for that member. terms a member shall be ineligible for reappointment until one calendar year has elapsed from the date of completion of the second term (D) alternate member shall only mote in the absence absence n��o a_regular member. her 1.8.3 Duties The Board of Adjustment shall have the following duties: (A) Hear, review, and decide appeals of any order requirement, decision, or determination made by the Planning Director in the performance of official duties. (B) Hear and decide applications for the approval of Class B 22Special Use permit applications in accordance with the rules and conditions laid down in this Ordinance. (C) Hear and decide appeals for variances from the dimensional regulations of this Ordinance in accordance with provisions detailed herein. Nothing in this Ordinance shall be construed to authorize the Board of Adjustment to permit a use in a district where that use is neither a Permitted Use nor a Special Use. (D) Pass upon, decide or determine such other matters as may be required by this Ordinance. 1.8.4 Conflict of Interest23 (A) A member of the Board of Adjustment shall not vote on any matter before the Board where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identified financial impact on the member. (B) A member of the Board of Adjustment shall not vote on any matter before the Board if the applicant of the matter is a person with whom the member has a close familial, business, or other associational relationship. (C) A member of the Board of Adjustment shall not vote on a quasi-judicial matter in a manner that would violate affected persons' constitutional rights to an impartial decision maker. (1) 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 changes, 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. zz As explained in the footnote in Section 1.3.1,staff is recommending that there will no longer be classes of special use permits(SUP). The Board of Adjustment will be the only board to hear SUP cases; uses that formerly required a Class A SUP will be reviewed as conditional districts. 23 Adoption of conflict of interest standards are now required, pursuant to NCGS 160D-109. Orange County, North Carolina—Unified Development Ordinance Page 1-17