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(A) Organization. Unless specifically modified in this chapter, the town’s Board of Commissioners must conform to the rules and procedures provided in the Town Charter.
(B) Powers and duties. In the application and enforcement of this chapter, the town’s Board of Commissioners shall have the following powers and duties: final approval authority:
(1) Amendments to the text of this chapter;
(2) Amendments to the official zoning map;
(3) Preliminary plats for major subdivisions;
(4) Final plats for major subdivisions; and
(5) Establishment of vested rights.
(Ord. passed 3-5-2018)
(A) Authority and establishment. The Planning Board is hereby established in accordance with G.S. §§ 160A-361 and 160A-387.
(B) Membership. The Planning Board shall consist of six members, five members residing within the town shall be appointed by the town’s Board of Commissioners and one member residing in the ETJ shall be appointed by the county’s Board of Commissioners.
(C) Quorum. A majority of the six members of the Planning Board excluding vacancies shall constitute a quorum.
(D) Voting. An affirmative vote of the majority of the quorum present is required for all decisions of the Planning Board. A vote resulting in a tie shall be treated as a denial of the recommendation or decision.
(E) Powers and duties. In the application and enforcement of this chapter, the Planning Board shall have the following powers and duties:
(1) Review and recommendation:
(a) Amendments to the text of this chapter;
(b) Amendments to the official zoning map;
(c) Sketch plans for major subdivisions;
(d) Preliminary plats for major subdivisions;
(e) Final plats for major subdivisions; and
(f) Establishment of vested rights.
(2) Final approval authority: site plans.
(Ord. passed 3-5-2018)
(A) Authority and establishment. The Board of Adjustment is hereby established in accordance with G.S. § 160A-388.
(B) Membership. The Board of Adjustment shall consist of six members, five members residing within the town shall be appointed by the Town Board of Commissioners and one member residing in the ETJ shall be appointed by the County Commissioners.
(C) Quorum. A majority of the six members of the Board of Adjustment excluding vacancies shall constitute a quorum.
(D) Voting. The concurring vote of five-sixths of the members of the Board shall be necessary to reverse any order, requirement, decision or determination of any administrative official charged with the enforcement of this chapter, or to decide in favor of the applicant any matter upon which it is required to pass under this chapter, or to grant a Variance from the provisions of this chapter. For the purposes of this section, vacant positions on the Board and members who are disqualified from voting on a quasi-judicial matter shall not be considered “members of the Board” for calculation of the requisite super-majority if there are no qualified alternates available to take the place of such members. (G.S. § 160A-388(e))
(E) Powers and duties. In the application and enforcement of this chapter, the Board of Adjustment shall have the following powers and duties: final approval authority:
(1) Variances;
(2) Special use permits;
(3) Appeals of administrative decisions;
(4) Appeals of denials of zoning permits;
(5) Appeals of denials for minor subdivision approval;
(6) Appeals of denials for recombination plat approval;
(7) Appeals of chapter interpretations; and
(8) Appeals of denials for site plan approval.
(Ord. passed 3-5-2018)
(A) Authority and establishment. The Town Board of Commissioners shall appoint an Ordinance Administrator to administer and enforce the provisions of this chapter. The Ordinance Administrator may select designees to administer and enforce the provisions of this chapter.
(B) Powers and duties. In the application and enforcement of this chapter, the Ordinance Administrator or its designees shall have the following powers and duties:
(1) Review and recommendation:
(a) Amendments to the text of this chapter;
(b) Amendments to the official zoning map;
(c) Site plans;
(d) Establishment of vested rights;
(e) Subdivision sketch plans;
(f) Preliminary subdivision plats; and
(g) Final subdivision plats.
(2) Final approval authority:
(a) Zoning permits;
(b) Ordinance interpretations;
(c) Minor subdivision plats; and
(d) Recombination plats.
(3) Additional duties:
(a) Establish application content requirements and a submission schedule for review of applications and appeals;
(b) Maintain the official zoning map and related materials;
(c) Enforce the regulations contained within this chapter;
(d) Maintain the official copy of this chapter and ensure that it is updated upon the approval of a text amendment; and
(e) Maintain a record of all permits and approvals.
(C) Discretionary authority. Unless otherwise prohibited by federal, state, local law or ordinance, the Ordinance Administrator has discretionary authority upon written request of the applicant to exceed setback, size, length or height requirements stated in this chapter by 10%. Requests for variances beyond this amount must be referred to the Board of Adjustments. When deciding whether to exercise its discretionary authority, the Ordinance Administrator should be guided by the principles stated in § 152.074 of this chapter.
(Ord. passed 3-5-2018)
COMMON REVIEW PROCEDURES
Applications required under this chapter shall be submitted on forms, in such numbers, and according to deadlines established by the Ordinance Administrator. No application may be reviewed until it is substantially complete, as determined by the Ordinance Administrator.
(Ord. passed 3-5-2018)
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