(A) The Planning Board. The Planning Board shall have the duties prescribed by the town’s Code of Ordinances.
(1) All members shall, before entering their duties, qualify by taking an oath of office:
"I,_________, do solemnly swear (or affirm) that I will support and maintain the Constitution and laws of the United States, and the Constitution and laws of North Carolina not inconsistent therewith, and that I will faithfully discharge the duties of my office as __________, so help me God."
(2) Conflict of interest. Members of appointed boards shall not vote on any advisory or legislative decision regarding a development regulation adopted pursuant to this chapter where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member. An appointed board member shall not vote on any zoning amendment if the landowner of the property subject to a rezoning petition or the applicant for a text amendment is a person with whom the member has a close familial, business, or other associational relationship.
(3) If an objection is raised to a board member's participation at or prior to the hearing or vote on a particular matter and that member does not recuse himself or herself, the remaining members of the board shall by majority vote rule on the objection.
(4) In summary, those duties related to this article include, but may not be limited to, the following:
(a) To prepare, review, maintain, monitor, and periodically update and recommend to the Board of Commissioners a comprehensive plan, and such other plans as deemed appropriate, and conduct ongoing related research, data collection, mapping, and analysis.
(b) To facilitate and coordinate citizen engagement and participation in the planning process.
(c) To develop and recommend policies, ordinances, development regulations, administrative procedures, and other means for carrying out plans in a coordinated and efficient manner.
(d) To advise the Board of Commissioners concerning the implementation of plans, including, but not limited to, review and comment on all zoning text and map amendments as required by G.S. § 160D-604.
(e) To exercise any functions in the administration and enforcement of various means for carrying out plans that the governing board may direct.
(f) To provide a preliminary forum for review of quasi-judicial decisions, provided that no part of the forum or recommendation may be used as a basis for the deciding board.
(g) To perform any other related duties that the governing board may direct.
(B) The Board of Adjustment.
(1) Establishment. The Board of Adjustment of the town shall consist of eight regular members who shall be the Mayor and Town Board of Commissioners and one alternate members appointed by the Town Board and two extraterritorial members appointed by the Davie County Board of Commissioners, of whom one shall be an alternate member. All members shall, before entering their duties, qualify by taking an oath of office:
"I,___________, do solemnly swear (or affirm) that I will support and maintain the Constitution and laws of the United States, and the Constitution and laws of North Carolina not inconsistent therewith, and that I will faithfully discharge the duties of my office as __________, so help me God."
(2) Conflict of interest.
(a) A member of any board exercising quasi-judicial functions pursuant to this chapter shall not participate in or vote on any quasi-judicial matter in a manner that would violate affected persons' constitutional rights to an impartial decision maker. Impermissible violations of due process include, but are not limited to, a member having a fixed opinion prior to hearing the matter that is not susceptible to change, undisclosed ex parte communications, a close familial, business, or other associational relationship with an affected person, or a financial interest in the outcome of the matter.
(b) If an objection is raised to a board member's participation at or prior to the hearing or vote on a particular matter and that member does not recuse himself or herself, the remaining members of the board shall by majority vote rule on the objection.
(3) Powers and duties. The Board of Adjustment shall have the following powers and duties:
(a) To hear and decide appeals according to the procedures of this section, where it is alleged there is an error in any order, decision, determination or interpretation made by the Zoning Administrator or Zoning Enforcement Officer in the administration and enforcement of this article;
(b) To grant variances from the terms of this article according to the standards and procedures prescribed herein;
(c) To grant special use permits for certain uses as specified in the table of uses;
(d) To serve as the local Watershed Review Board as authorized and prescribed in 15A NCAC 02B and these regulations; and
(e) A member of the Board or any other body exercising the functions of a Board of Adjustment shall not participate in or vote on any quasi-judicial matter in a manner that would violate affected persons’ constitutional rights to an impartial decision maker. Impermissible conflicts include, but are not limited to, a member having a fixed opinion prior to hearing the matter that is not susceptible to change, undisclosed ex parte communications, a close familial, business or other associational relationship with an affected person or a financial interest in the outcome of the matter. If an objection is raised to a member’s participation and that member does not recuse himself or herself, the remaining members shall by majority vote rule on the objection.
(4) Members from within the town limits. Each member and alternate shall be appointed by the Town Board, or if a town elected official shall serve consecutive three year terms while their term of office continues. Appointed members and alternates serve for a term of three years.
(5) Extraterritorial members. Extraterritorial members shall have all of the obligations and duties of the other members of the Board of Adjustment, including rights to vote on all matters coming before the Board. Each extraterritorial member shall be appointed for a period of three years. Expiration dates for each term, beginning on January 1, 2023 initially and thereafter, shall be December 31 of the year in which the term is to expire and the term of office of the succeeding member shall begin on January 1; provided further that, if the members are appointed such that their terms of office begin prior to a January 1 date, the terms of original members shall be extended by the period of time between their appointment and December 31, 2024 for the member whose term ends on December 31, 2022 and December 31, 2025 for the member whose term ends on December 31, 2023. Eligibility for reappointment shall be determined by the procedures and policies established by the Board of Commissioners of the county. Membership of the Board will include a proportional number of Extraterritorial Jurisdiction representatives as required by G.S. § 160D-307(a).
(6) Meetings. All meetings of the Board of Adjustment shall be held at a regular place and time and shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, an indication of the fact. Final disposition of permits, appeals or variances shall be recorded in the minutes, indicating the reasons of the board therefore, all of which shall become a part of the public record.
(7) Quorum. No final action shall be taken on any matter unless a quorum is present. For the purposes of granting variances, a quorum shall be four-fifths of the full membership of the Board. For the purposes of conducting other business related to the function of the board, such as hearing appeals, considering permit applications, adopting or amending rules of procedure or approving the agenda, appeals and special use permits, a quorum shall be a simple majority of the full membership of the Board. For the purposes of this subsection, 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 the members. Alternate members, while attending any regular or special meeting of the Board and serving in the absence or temporary disqualification of any regular member, or to fill a vacancy pending appointment of a member, shall have and exercise all the powers and duties of the regular member so absent.
(8) Administrative materials. The administrator or staff to the Board shall transmit to the Board all applications, reports, and written materials relevant to the matter being considered. The administrative materials may be distributed to the members of the Board prior to the hearing if at the same time they are distributed to the Board a copy is also provided to the appellant or applicant and to the landowner if that person is not the appellant or applicant. The administrative materials shall become a part of the hearing record. The administrative materials may be provided in written or electronic form.
(9) Presentation of evidence. The applicant, the local government, and any person who would have standing to appeal the decision under G.S. § 160D-1402(c) shall have the right to participate as a party at the evidentiary hearing. Other witnesses may present competent, material, and substantial evidence that is not repetitive as allowed by the Board.
(10) Objections. Objections regarding jurisdictional and evidentiary issues, including, but not limited to, the timeliness of an appeal or the standing of a party, may be made to the Board. Objections to inclusion or exclusion of administrative materials may be made before or during the hearing. Rulings on all unresolved or new objections shall be made by the Board Chair at the hearing. The Chair's rulings may be appealed to the full Board.
(11) Appeals from a decision of the Board of Adjustment. Any person or persons, jointly or severally aggrieved by any decision of the Board, may within 30 days after the Board's decision, but not thereafter, present to the Davie County Superior court a petition as defined in G.S. § 160D-1402, Appeals in nature of certiorari.
(C) The Board of Commissioners. The Town Board of Commissioners shall have the following duties related to this article:
(1) To review and from time to time initiate changes to this article;
(2) To decide upon any application or request for amendment to this article or the zoning maps;
(3) To take any other action not delegated to the Planning Board or Board of Adjustment as the Board may deem desirable and necessary to implement the provisions of this article; and
(4) A member shall not vote on any zoning map or text amendment where the outcome of the matter being considered is reasonably likely to have a direct, substantial and readily identifiable financial impact on the member.
(2003 Code, § 8-3.9.2) (Updated 2009) (Amended 11-5-2013; Amended 6-1-2021; Amended 7-5-2022)