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Albemarle, NC Code of Ordinances
ALBEMARLE, NORTH CAROLINA CODE OF ORDINANCES
ADOPTING ORDINANCE
CHARTER
TITLE I: USE OF THE CODE AND PENALTIES
TITLE II: GOVERNMENT AND ADMINISTRATION
TITLE III: PUBLIC SAFETY
TITLE IV: PUBLIC WORKS
TITLE V: MUNICIPAL UTILITIES
TITLE VI: LICENSING AND REGULATION
TITLE VII: MOTOR VEHICLES AND TRAFFIC
TITLE VIII: OFFENSES
TITLE IX: PLANNING AND REGULATION OF DEVELOPMENT
PARALLEL REFERENCES
CHAPTER 21: BOARDS AND COMMISSIONS
Section
Planning and Zoning Appeals Board
   21.001   Establishment; designation
   21.002   Membership and vacancies
   21.003   Organization, rules, meetings, records
   21.004   Powers and duties as an advisory board
   21.005   Background information
   21.006   Comprehensive plan; contents, purposes
   21.007   Map and text amendments to city ordinance; review and recommendations by Board
   21.008   Subdivision regulations; review and approval by Board
   21.009   Public properties and facilities; review and recommendations by Board
   21.010   Powers and duties as a quasi-judicial review board
   21.011   Quasi-judicial proceedings
   21.012   Appeals from the Board
   21.013   Appeals of decisions from Building Inspector
   21.014   Appeals of decisions from Watershed Administrator
   21.015   Public hearings; publicity; attendance at conferences
   21.016   Annual report; budget
   21.017   Special committees
Tree Commission
   21.030   Purpose
   21.031   Definitions
   21.032   Creation and establishment of City Tree Commission
   21.033   Term of office
   21.034   Compensation
   21.035   Duties and responsibilities
   21.036   City jurisdiction and authority
   21.037   Operation
   21.038   Interference with Tree Commission
   21.039   Street tree species/landscaping shrub species
   21.040   Tree spacing and planting requirements
   21.041   Public tree care
   21.042   City property and rights-of-way
   21.043   Private property
   21.044   Protection of trees
   21.045   Protection during construction
   21.046   Tree topping
   21.047   Removal of stumps
   21.048   Review by City Council
   21.049   Penalty
Public Housing Advisory Board
   21.060   Establishment; designation
   21.061   Membership and vacancies
   21.062   Organization; rules; records; meetings
   21.063   General powers and duties
Community Appearance Commission
   21.075   Creation and purpose
   21.076   Powers and duties of Commission
   21.077   Annual report
   21.078   Advisory council and committees
   21.079   Staff and technical services
   21.080   Receipts and expenditures of funds
   21.081   Agency funds
Greenway Commission
   21.095   Establishment; designation
   21.096   Duties
   21.097   Annual report
   21.098   Special committees
Parks and Recreation Advisory Board
   21.110   Creation and purpose
   21.111   Membership and qualifications
   21.112   Term of office
   21.113   Meetings
Historic Resources Commission
   21.125   Establishment and jurisdiction
   21.126   Membership and qualifications
   21.127   Rules of procedure; design standards and meetings
   21.128   Powers and duties
PLANNING AND ZONING APPEALS BOARD
§ 21.001 ESTABLISHMENT; DESIGNATION.
   A Planning and Zoning Appeals Board is hereby established. Said board will henceforth serve all duties of and assume the authority previously assigned to the Planning Board and Board of Adjustment. This shall include the additional roles of hearing appeals from the decision of the Building Inspector and Watershed Administrator as needed. Henceforth any reference to Planning Board or Board of Adjustment made in city ordinance shall be considered synonymous with Planning and Zoning Appeals Board or Board as used herein.
(Ord. 18-30, passed 9-4-18; Am. Ord. 21-26, passed 7-12-21)
§ 21.002 MEMBERSHIP AND VACANCIES.
   (A)   Membership. The Planning and Zoning Appeals Board shall consist of nine regular members and three alternate members. Alternate members shall serve on the Board in the absence or temporary disqualification of any regular member or to fill a vacancy pending appointment of a member. Alternate members shall be appointed for the same term, at the same time, and in the same manner as regular members. Each alternate member serving on behalf of any regular member has all the powers and duties of a regular member. Each member shall take an oath of office before starting his or her duties on the Board.
   (B)   Terms. Regular members and the first, second and third alternate members shall be appointed by the City Council to the Planning and Zoning Appeals Board for three year terms. Council shall maintain the starting and end date for all terms on the same day and month as decided by Council at the time of initial appointment. When the City Council is making initial appointments, appointments due to term expiration or appointments due to mid-term vacancies, they may appoint certain members for less than three years so that the terms of all members shall remain evenly staggered so as not expire in the same year. Any term for which a member has been appointed to and served for at least 50% of the days of the term shall be considered a full term. Members may be re-appointed by Council at the end of each term, however at the end of a second, consecutive, full term as a regular member, Board members shall not be eligible for reappointment until the expiration of one year from the end date of the member's last term. However, in order to maintain a full and functional Board, a member may continue to serve indefinitely until a replacement is appointed by Council.
   (C)   Compensation. All regular and alternate members who attend meetings are entitled to compensation and may be reimbursed for any expenses incurred while representing the Board, and for any mandatory training deemed to be a requirement.
(Ord. 18-30, passed 9-4-18; Am. Ord. 21-26, passed 7-12-21)
§ 21.003 ORGANIZATION, RULES, MEETINGS, RECORDS.
   (A)   Officers. The Planning and Zoning Appeals Board shall elect a chairperson, a vice-chairperson and create and fill any offices as it may determine from its members. Such elections shall be done during regular, open meetings and shall take place as soon as possible following each new term for appointment. The term of the chairman and other officers shall be one year or approximated to be as close to one year as allowed by term expiration, appointment and scheduling of meetings. Each elected officer shall be eligible for re-election.
   (B)   Administration. The Board shall be administered by an employee of the city as determined by the Planning Director. Unless otherwise determined by the Board, the Administrator shall be responsible for preparing agendas, advertising for meetings and agenda items, maintaining a roster of members, recording and drafting of minutes and assisting the chair in conducting the meeting and general administration of the Board.
   (C)   Rules. The Board shall adopt rules and bylaws in accordance with the provisions of this chapter and the general statutes.
   (D)   Meetings. Meetings of the Board shall be held at regularly scheduled dates and times as agreed upon by its members and at other times as the Board may determine and in accordance with general statutes. Meetings shall be conducted in accordance with city ordinance, general statutes and Board. The Chairperson, or in his or her absence, the Vice-Chairperson, shall preside over the meeting. All meetings of the Board shall be open to the public. There shall be a quorum of five members for the purpose of taking any official action, however some decisions of the Board shall require a greater number as required by general statute or city ordinance.
(Ord. 18-30, passed 9-4-18; Am. Ord. 21-26, passed 7-12-21)
§ 21.004 POWERS AND DUTIES AS AN ADVISORY BOARD.
It shall be the duty of the Planning and Zoning Appeals Board to serve in an advisory capacity to City Council, in general, and to do the following.
   (A)   Acquire and maintain in current form basic information and materials as are necessary to an understanding of past trends, present conditions, and forces at work to cause changes in these conditions.
   (B)   Prepare and, from time to time, amend and revise a comprehensive and coordinated plan for the physical development of the city.
   (C)   Establish principles and policies for guiding action in the development of the city.
   (D)   Prepare and recommend to the City Council ordinances promoting orderly development along the lines indicated in the comprehensive plan.
   (E)   Determine whether specific proposed developments conform to the principles and requirements of the comprehensive plan for the growth and improvement of the city.
   (F)   Conduct administrative hearings to review and approve or deny proposed major subdivisions in accordance with the standards and procedures of Planning and Regulation of Development chapters of this code.
   (G)   Review proposed map and text amendments and make recommendations to City Council.
   (H)   Keep the Council and the general public informed and advised as to these matters.
   (I)   Perform any other duties which may lawfully be assigned to it.
(Ord. 18-30, passed 9-4-18; Am. Ord. 21-26, passed 7-12-21; Am. Ord. 24-06, passed 2-19-24)
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