Morrisville Unified Development Ordinance

Article 2: Administration Section 2.2. Review Authorities 2.2.2. Planning and Zoning Board

4. Meeting Procedure In conducting its meetings, the Planning and Zoning Board shall follow rules of procedure adopted in accordance with Section Error! Reference source not found. , Error! Reference source not found. , consistent with the procedural requirements of this Ordinance and state law. 5. Meeting Record The Planning and Zoning Board shall keep full and accurate minutes of its meetings in accordance with state law, including its findings and decisions and the votes thereon. Meeting minutes shall be a public record in accordance with state law. a. Three members of the Planning and Zoning Board shall constitute a quorum. No official business of the board shall be conducted without a quorum present. b. The concurring vote of a majority of Planning and Zoning Board members present and constituting a quorum shall be required for all decisions of the board, other than to adjourn a meeting for lack of a quorum. 2. Quasi-Judicial Decisions a. Four members of the Planning and Zoning Board shall constitute a quorum. No official business of the board shall be conducted without a quorum present. b. The concurring vote of four members of the Planning and Zoning Board shall be necessary to approve a Variance. The affirmative vote of three members shall be required for all other decisions, other than to adjourn a meeting for lack of a quorum. 1. Legislative Decisions A Planning and Zoning Board member shall not participate in the review of, or vote on, a development application if the outcome of the matter is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member. Quasi-Judicial Decisions a. A Planning and Zoning Board member shall not participate in the review of, or vote 2. on, an application for a quasi-judicial decision if the action proposed by the application creates a conflict of interest. Such a conflict of interest exists if the member: (1) Has a fixed opinion prior to a hearing on the application that is not susceptible to change; 1. Legislative Decisions

G. Quorum and Vote

H. Conflict of Interest

(2) Fails to disclose ex parte communications;

(3) Has a financial interest in the outcome of the review;

(4) Has a close familial, business, or other associational relationship with an affected person; or (5) Otherwise has a relationship or acts in a manner that would violate affected persons’ constitutional rights to an impartial decision maker. b. If an objection is raised to a board member’s participation in a matter based on a conflict of interest, and the member does not recuse himself or herself, the remaining

Morrisville, NC

October 1, 2021

Unified Development Ordinance

Page 2-7