§ 21.30.170. Special rules of procedure applicable to appeal hearings.

A.

Conflict of interest. A member of the board of adjustment or the zoning board of examiners and appeals may not participate in the deliberation or voting process of an appeal if:

1.

The board member or a member of his immediate family has a substantial financial interest in any property affected by the appeal.

2.

The board member or a member of his immediate family could foreseeably profit in a material way through a favorable or unfavorable resolution of the appeal.

3.

The board member would be faced with a violation of the code of ethics of the municipality by voting on the appeal.

B.

Ex parte contacts prohibited. Board members shall be impartial in all appeal matters, both in fact and in appearance. No member shall receive or otherwise engage in ex parte contacts with the appellant, other parties adversely affected by the appeal or members of the public concerning the appeal or issues specifically presented in the notice of appeal either before the appeal hearing or during any period of time the matter is subject to reconsideration. This section shall not be deemed to prevent board members from discussing matters relating to the appeal among themselves or to prohibit communications between municipal staff and board members where such staff members are not themselves named parties to an appeal or members of any body which has in its own name become an active party to the appeal.

C.

Reconsideration or rehearing of decisions. Decisions of the board of adjustment and the zoning board of examiners and appeals may be brought up for reconsideration or rehearing only if:

1.

There was substantial procedural error in the original proceeding;

2.

The board acted without jurisdiction in the original proceeding; or

3.

The original decision was based upon fraud or misrepresentation.

Any person seeking reconsideration or a rehearing must file a request with the municipal clerk for a decision of the board of adjustment, or the secretary of the board for a decision of the zoning board of examiners and appeals, together with materials supporting one or more of the grounds stated in this subsection, within 15 days of the original decision. The board, by majority vote, may schedule a rehearing only if it finds the allegations to be correct. A rehearing shall be conducted in the same manner as the original proceedings before the board.

(AO No. 73-76; AO No. 84-226)