<div class="chunk-title">Sec. 8-53. - Voting.</div>
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            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               A majority vote of the regular board membership (excluding vacant seats) shall be
               necessary to reverse an order, requirement, decision or determination of the administrator
               (appeal) or to grant a special use permit.
               </p>
            		
            <p class="incr0">
               (b)
               </p>
            		
            <p class="content1">
               A concurring vote of four-fifths (â…˜) of the regular board membership (excluding vacant
               seats) shall be necessary to grant a variance.
               </p>
            		
            <p class="incr0">
               (c)
               </p>
            		
            <p class="content1">
               The concurring vote of four-fifths (â…˜) of the regular board membership (excluding
               vacant seats) shall be necessary to reverse any order, requirement, decision or determination
               of the administrator or to decide in favor of the applicant any matter upon which
               it is required to pass under any ordinance (including the issuance of a permit as
               authorized) or to grant any variance. All other actions of the board shall be taken
               by majority vote, a quorum being present.
               </p>
            		
            <p class="incr0">
               (d)
               </p>
            		
            <p class="content1">
               Once a member is physically present at a board meeting, any subsequent failure to
               vote shall be recorded as an affirmative vote unless the member has been excused in
               accordance with subsection (c) or has been allowed to withdraw from the meeting in
               accordance with subsection (f).
               </p>
            		
            <p class="incr0">
               (e)
               </p>
            		
            <p class="content1">
               Board of adjustment members exercising quasi-judicial functions pursuant to the Cleveland
               County Unified Development Ordinance shall not participate in or vote on any quasi-judicial
               matter in a manner that would violate affected persons' constitutional rights to an
               impartial decision maker. 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 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.
               </p>
            		
            <p class="incr0">
               (f)
               </p>
            		
            <p class="content1">
               A member may be allowed to withdraw from the remainder of a meeting by majority vote
               of the remaining members present for any good and sufficient reason other than the
               member's desire to avoid voting on matters to be considered at the meeting.
               </p>
            		
            <p class="incr0">
               (g)
               </p>
            		
            <p class="content1">
               A motion to allow a member to be excused from voting or excused from the remainder
               of the meeting is in order only if made by or at the initiative of the member directly
               affected.
               </p>
            		
            <p class="incr0">
               (h)
               </p>
            		
            <p class="content1">
               A roll call vote shall be taken upon the request of any member.
               </p>
            		
            <p class="incr0">
               (i)
               </p>
            		
            <p class="content1">
               An objection to the inclusion or exclusion of administrative material will be decided
               by the board chair. An appeal of this decision will be voted on by the whole board.
               </p>
            		
            <p class="historynote0">
               (Ord. of 7-6-93, Â§ 3.12; Amd. of 3-18-14(1); Ord. of 6-1-21(1))
               </p></div>