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GENERAL PROVISIONS
The purpose of this chapter is to secure safety from fire, panic and other dangers; to provide adequate light and air; to lessen congestion in the streets; to prevent the overcrowding of land, to avoid undue concentration of population, to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; to provide for the social, physical and economic advantages resulting from comprehensive and orderly planned use of resources; to encourage economic development; and to otherwise promote the health, safety, convenience and general welfare of the citizens of the town.
(1974 Code, § 18-1-2) (Res. 99-016, passed 9-8-1999; Ord. 99-002, passed 9-8-1999)
In its interpretation and application, the provisions of this chapter shall be held to be minimum requirements for the promotion of a comprehensive plan, and for the promotion of the public health, safety and general welfare. It is not intended by this chapter to repeal welfare. It is not intended by this chapter to repeal, abrogate, annul or, in any way, impair or interfere with existing provisions of other laws or ordinances, except those specifically repealed by this chapter, or with restrictions placed upon property by covenant, deed or other agreement between parties; provided that, where this chapter imposes a greater restriction on land, buildings or structures than is imposed or required by the existing provisions of law, ordinance, contract or deed, the provisions of this chapter shall control.
(1974 Code, § 18-1-3) (Res. 99-016, passed 9-8-1999; Ord. 99-002, passed 9-8-1999)
(A) Establishment, composition, terms of members, vacancies, compensation of members. There is hereby established a Planning and Zoning Commission of the town, to consist of five members, each of whom shall be a resident of the town, to be appointed by the Town Council. Members shall be appointed to staggered three-year terms with no more than two commencing in the same year. Vacancies shall be filled by the Council to finish any unexpired term. All members shall serve without pay. However, members of the Commission may be reimbursed for actual expenses incurred in connection with their duties upon authorization by the Commission and approval by the Town Council. One member of the Town Council shall serve as an ex-officio member of the Planning and Zoning Commission and shall function as a voting member in the absence of any member of the Planning and Zoning Commission and shall, in that case, be considered a member of the Commission in terms of forming a voting quorum.
(B) Powers and duties. It shall be the duty of the Commission to formulate and administer any plan duly adopted by the Council for the present and future growth of the town pertaining to the use of land and buildings for any purpose and to keep this plan current and up to date by recommending amendments from time to time to the Town Council. The Commission shall administer, subject to approval by Town Council, the zoning ordinance in all matters relating thereunto and shall carry out the specific duties as outlined in this chapter and shall undertake all activities usually associated therewith and commonly known as “planning and zoning” responsibilities, including conditional use permits. The Commission will review all aspects of proposed re-zoning, code amendments and other development requests including, but not limited to, present and projected growth of the town, site planning and the relationship of the development to the surrounding environment and the community regarding land use and zoning.
(C) Rules, regulations, records, meetings. All meetings of the Commission shall be open to the public. The minutes and records of all Commission proceedings shall be kept indefinitely and filed as public record in the office of the Town Clerk. The Commission shall establish its own rules of conduct, officers, meeting schedule and other matters relating to the conduct of the business of the Planning and Zoning Commission.
(D) Quorum, voting. Three members shall constitute a quorum. The affirmative vote of three members shall be required for passage of any matter before the Commission. In this connection, the minutes of the meeting shall reflect the “ayes” and “nays” cast on a particular measure. A member may abstain from voting upon a declaration that he or she has a conflict of interest, in which case the member shall take no part in the deliberation on the matter in question. The member of the Town Council shall serve as a voting member in the absence of any one regular member of the Commission.
(1974 Code, § 18-1-4) (Res. 99-016, passed 9-8-1999; Ord. 99-002, passed 9-8-1999)
(A) The enforcing officer of this chapter shall be the town office and it shall also be the duty of the Marshal of the town and of all officers of the town otherwise charged with the enforcement of the law to enforce the provisions of the chapter.
(B) No building permit shall be issued for the construction, reconstruction, alteration, movement or use of any building, structure, lot or parcel if the building or structure proposed to be constructed, reconstructed, altered, used or moved, or the lot or parcel as proposed to be used would be in violation of any of the provisions of this chapter, unless directed to issue the permit by the Town Council after interpretation of the chapter or the granting of a variance or by the Town Council after lawful amendment of this chapter.
(C) (1) The town staff and other enforcement officers may, in the discharge of their duties, and for good or probable cause, enter any premises, building or structure at any reasonable hour to inspect the same in connection with any application made under this chapter, or for any investigation or inspection as to whether or not any portion of the premises, building or structure is being used in violation of this chapter.
(2) Written notice served on the owner or occupant of any premises sought to be inspected, at least 24 hours before the inspection takes place, shall be given in all cases in which permission to inspect has been refused. Every person who, after the receipt of the notice, denies or prevents, obstructs or attempts to deny, prevent or obstruct access to the premises may be charged with a class 1 misdemeanor.
(1974 Code, § 18-1-6) (Res. 99-016, passed 9-8-1999; Ord. 99-002, passed 9-8-1999)
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