(A) Town Board of Commissioners.
(1) Establishment and composition. The Town Board of Commissioners is established and composed pursuant to Title III of the Town Charter.
(2) Powers and duties. In execution of the provisions of this chapter, the Town Board of Commissioners shall be responsible for final action regarding the following:
(a) Text amendments (§ 156.703);
(b) Rezonings (§ 156.704);
(c) Planned development review (§ 156.705);
(d) Preliminary plat review (§ 156.706);
(e) Special use review (§ 156.711); and
(f) Zoning vested rights (§ 156.718).
(B) Planning Board.
(1) Establishment and composition. The Planning Board is established and composed pursuant to Title III of the Town Charter.
(2) Powers and duties. In execution of the provisions of this chapter, the Planning Board shall have the following power and duties:
(a) General authority.
1. The Planning Board may exercise additional powers as may be described elsewhere in this chapter and as permitted by North Carolina General Statutes.
2. The Planning Board shall perform related duties as directed by the Town Board of Commissioners.
(b) Review authority. The Planning Board shall make recommendations regarding the following:
1. Text amendments (§ 156.703);
2. Rezonings (§ 156.704);
3. Planned development review (§ 156.705);
4. Preliminary plat review (§ 156.706); and
5. Special use review (§ 156.711).
(c) Final authority. The Planning Board shall be responsible for final action regarding the following:
1. Major site plan review (§ 156.707); and
2. Sign permits for signs 8 feet in height or taller (§ 156.713).
(C) Board of Adjustment.
(1) Establishment. The Board of Adjustment is established pursuant to G.S. § 160A-388.
(2) Composition.
(a) Number and term.
1. The Board of Adjustment shall consist of 5 members, each to be appointed for 3 years.
2. In appointing the original members or in the filling of vacancies caused by the expiration of the terms of existing members, the Town Board of Commissioners may appoint certain members for less than 3 years to the end that thereafter the terms of all members shall not expire at the same time.
(b) Membership.
1. Membership on the Board of Adjustment shall include representatives from the extraterritorial jurisdiction.
2. Any member of the Board of Adjustment representing the extraterritorial jurisdiction shall be appointed by the Town Board of Commissioners, subject to approval by the Johnston County Board of County Commissioners.
(c) Alternate members.
1. The Town Board of Commissioners may, in its discretion, appoint and provide compensation for 2 alternate members to serve on the Board of Adjustment in the absence of any regular member. One alternate member shall be from the Town of Kenly and 1 alternate member shall be from the extraterritorial jurisdiction.
2. Alternate members shall be appointed for the same term, at the same time, and in the same manner as regular members.
3. Each alternate member, while attending any regular or special meeting and serving in the absence of any regular member, shall have and may exercise all the powers and duties of a regular member. Three unexcused absences shall constitute a vacancy to be filled by the Town Board of Commissioners at the next regularly scheduled meeting.
(3) Proceedings.
(a) Meetings. All meetings of the Board of Adjustment shall be held at a regular place and shall be open to the public.
(b) Minutes. The Board of Adjustment shall keep minutes of proceedings in a book maintained for that purpose only, showing the vote of each member upon each question, or if absent or failing to vote, an indication of such fact; and final disposition of appeals shall be by recorded resolution, indicating the reasons of the Board, all of which shall be a public record.
(c) Quorum. No final action shall be taken on any issue unless a quorum is present.
(4) Powers and duties. In execution of the provisions of this chapter, the Board of Adjustment shall have the following powers and duties.
(a) General authority. The Board of Adjustment may exercise additional powers as may be described elsewhere in this chapter and as permitted by North Carolina General Statutes.
(b) Final authority. The Board of Adjustment shall be responsible for final action regarding the following:
1. Variances (§ 156.716);
2. Administrative appeals (§ 156.717); and
3. Interpretation of zoning district boundaries.
(D) Planning Director.
(1) Designation. The Planning Director shall administer certain provisions of this chapter as may be required below.
(2) Delegation of authority. The Planning Director may designate any staff member to represent the Planning Director in any function assigned by this chapter but shall remain responsible for any final action.
(3) Powers and duties. In execution of the provisions of this chapter, the Planning Director shall have the following powers and duties:
(a) General authority.
1. The Planning Director may exercise additional powers as may be described elsewhere in this chapter and as permitted by North Carolina General Statutes.
2. The Planning Director shall perform related duties as directed by the Town Board of Commissioners.
(b) Review authority. The Planning Director shall make recommendations regarding the following:
1. Text amendments (§ 156.703);
2. Rezoning (§ 156.704);
3. Planned development review (§ 156.705);
4. Preliminary plat review (§ 156.706);
5. Minor plat review;
6. Major site plan review (§ 156.707);
7. Conditional use review (§ 156.710);
8. Special use review (§ 156.711);
9. Sign permits for signs 8 feet in height or taller (§ 156.713);
10. Variances (§ 156.716); and
11. Zoning vested rights (§ 156.718).
(c) Final authority. The Planning Director shall be responsible for final action regarding the following:
1. Minor plat review (§ 156.706);
2. Final plat review (§ 156.706);
3. Minor site plan review (§ 156.707);
4. Traffic impact analyses (§ 156.708);
5. Zoning permits (§ 156.709);
6. Temporary use permits (§ 156.712);
7. Sign permits for signs under 8 feet in height (§ 156.713);
8. Common signage plans (§ 156.714); and
9. Written interpretations (§ 156.715).
(E) Technical Review Committee.
(1) Establishment and composition. The Technical Review Committee is established and composed pursuant to Title III of the Town Charter.
(2) Powers and duties. In execution of the provisions of the chapter, the Technical Review Committee shall have the following powers and duties:
(a) Review Authority. The Technical Review Committee shall make recommendations regarding the following:
1. Planned development review (§ 156.705);
2. Minor plat review (§ 156.706);
3. Preliminary plat review (§ 156.706);
4. Final plat review (§ 156.706);
5. Minor site plan review(§ 156.707); and
6. Major site plan review (§ 156.707).
(Ord. passed 6- -2019)