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ADMINISTRATIVE MECHANISMS
(A) Appointment and terms of Planning Board.
(1) (a) There shall be a Planning and Zoning Commission, the Planning Board, consisting of six members and up to six alternative members made up of residents of the town and the town’s extra-territorial jurisdiction (ETJ).
(b) The number of members from each of the town and of the ETJ shall be determined, as prescribed by state law, by the proportion of the populations of each area.
(c) 1. Four members shall reside in the town, and said in-town members shall be appointed by the Board of Commissioners.
2. Two members shall reside within the town’s ETJ, and the ETJ members shall be appointed by the County Commissioners.
(d) If, despite good faith efforts, residents of the ETJ area cannot be found to fill the seats reserved for ETJ residents, then the Board of Commissioners may appoint other residents of the county (including residents of the town) to fill such seats.
(e) If the County Commissioners fail to make appointments within 90 days of receiving a resolution from the town requesting such appointments, then the town’s Board of Commissioners may make said appointments.
(2) (a) Each member of the Planning Board shall be appointed to a term of three years.
(b) Original appointments shall be made in the following manner:
1. One in-town member shall be appointed for one year;
2. Two in-town members shall be appointed for two years; and
3. One in-town member and one ETJ member shall be appointed for three years.
(c) Vacancies on the Planning Board shall be filled by appointment for the unexpired terms.
(d) Members may be appointed to unlimited successive terms.
(e) Prior to assuming duties, all members of the Planning Board shall take and subscribe to the oath of office required by officials of the town.
(f) Alternate members shall be appointed for three-year terms.
(3) The members of the Planning Board shall:
(a) Be persons of recognized experience and qualifications;
(b) Not hold any other official position; and
(c) Serve without compensation.
(4) (a) Planning Board members may be removed by the Board of Commissioners at any time for failure to attend four consecutive meetings within any 12-month period, or whose percentage of attendance over any period of 12 consecutive months is less than 60%, or for any other good cause related to performance of duties.
(b) Upon request of the member proposed for removal, the Board of Commissioners shall hold a hearing on the removal before said removal becomes effective.
(5) (a) One alternative member shall be selected by the Board of Commissioners.
(b) Alternate members shall serve in the absence of regular members, and shall have full voting powers when sitting at a meeting.
(6) (a) If an in-town member moves outside the town or if an ETJ member moves outside the ETJ, then such move shall constitute a resignation from the Planning Board.
(b) The effective date of said resignation shall be the date that a replacement member is appointed by the Board of Commissioners.
(B) Meetings of the Planning Board.
(1) The Planning Board shall meet regularly on the third Tuesday of each month.
(2) Since the Planning Board has only advisory authority, it need not conduct its meetings strictly in accordance with the quasi-judicial procedures set forth in this chapter; however, the Planning Board shall conduct its meetings so as to obtain necessary information, and to promote the full and free exchange of ideas.
(3) Minutes shall be kept of all Planning Board proceedings.
(4) All Planning Board meetings shall be open to the public, and whenever feasible, the agenda for each meeting shall be made available in advance of the meeting.
(5) Whenever the Planning Board is called upon to make recommendations concerning a conditional use permit request, special use permit request, or other request for a recommendation, the town’s planning staff shall notify the property owners, public, and interested parties as provided in § 152.136.
(C) Quorum and voting.
(1) A quorum for the purpose of convening the Planning Board for any official action shall consist of a minimum of four members.
(2) All actions of the Planning Board shall be taken by majority vote, a quorum being present.
(3) A roll call vote shall be taken upon the request of any member.
(D) Planning Board officers.
(1) (a) At its first meeting in January of each year, the Planning Board shall, by majority vote of its membership (excluding vacant seats) elect one member to serve as Chairperson (to preside over the meetings), and one member to serve as Vice-Chairperson.
(b) The individuals designated as Chairperson and Vice-Chairperson shall serve in these capacities for terms of one year.
(c) Vacancies in these positions may be filled for the unexpired terms only by majority vote of the Planning Board (excluding vacant seats).
(2) The Chairperson and Vice-Chairperson shall take part in all deliberations, and shall vote on all issues.
(E) Powers and duties of Planning Board.
(1) The Planning Board may:
(a) Make studies and recommend to the Board of Commissioners plans, goals, and objectives relating to the growth, development, and redevelopment of the town;
(b) Develop and recommend to the Board of Commissioners policies, ordinances, administrative procedures, and other means for carrying out plans in a coordinated and efficient manner;
(c) Make recommendations to the Board of Commissioners concerning proposed conditional use permits and proposed zoning map changes, as provided by §§ 152.051 and 152.567; and/or
(d) Make recommendations to the Land Use Administrator regarding minor subdivision approvals.
(2) The Planning Board may adopt rules and regulations governing its procedures and operations provided that such rules and regulations are not inconsistent with the provisions of this chapter.
(Ord. passed 12-20-2001)
(A) (1) From time to time, the Board of Commissioners may appoint one or more individuals to help the Planning Board carry out its planning responsibilities with respect to a particular subject area.
(2) By way of illustration and without limitation, the Board of Commissioners may appoint advisory committees to consider thoroughfare plans, bikeway plans, housing plans, economic development plans, and the like.
(B) (1) Members of such advisory committees shall sit as nonvoting members of the Planning Board when such issues are being considered.
(2) Members of advisory committees shall lend their talents, energies, and expertise to the Planning Board; however, all formal recommendations to the Board of Commissioners shall be made by the Planning Board.
(C) Nothing in this section shall prevent the Board of Commissioners from establishing independent advisory groups, committees, or commissions to make recommendations, on any issue, directly to the Board of Commissioners.
(Ord. passed 12-20-2001)
(A) Appointment and terms of the members of the Board of Adjustment. The members of the Planning Board shall serve the dual role as members of the Planning Board, and members of the Board of Adjustment; therefor, the appointment and term of the officers of the Board of Adjustment shall be identical to that of the Planning Board.
(B) Meetings of the Board of Adjustment.
(1) The Board of Adjustment shall meet regularly on the fourth Tuesday of each month.
(2) The Board of Adjustment shall conduct its meetings in accordance with the quasi-judicial procedures set forth in this chapter.
(3) All meetings of the Board of Adjustment shall be open to the public, and whenever feasible, the agenda for each meeting shall be made available in advance of the meeting.
(C) Quorum.
(1) (a) A quorum for the Board of Adjustment shall consist of the number of members equal to four-fifths of the regular membership (excluding vacant seats).
(b) A quorum is necessary for the Board of Adjustment to take official action.
(2) The Board of Adjustment shall conduct its meetings in accordance with the quasi-judicial procedures set forth in this chapter.
(D) Voting.
(1) The concurring vote of a majority of the regular Board of Adjustment membership (excluding vacant seats) shall be necessary to:
(a) Reverse any order, requirement, decision, or determination of the Land Use Administrator;
(b) Decide in favor of an applicant regarding any matter which is required to pass under this subchapter (including the issuance of a special use permit); and
(c) Take any other actions, except variances. The concurring vote four-fifths of the regular Board of Adjustment membership (excluding vacant seats) shall be necessary to grant any variance.
(2) Once a member is physically present at a meeting, any subsequent failure to vote shall be recorded as an affirmative vote unless the member has been excused in accordance with division (D)(3) below, or has been allowed to withdraw from the meeting in accordance with division (D)(4) below.
(3) (a) A member may be excused (also called “recused”) from voting on a particular issue by majority vote of the remaining members present when the members participation in or votes on any matter would violate affected persons’ constitutional rights to an impartial decision maker.
(b) If an objection is raised to a member’s participation and that member does not recuse himself, herself, or themself, the remaining members shall by majority vote rule on the objection.
(c) Impermissible violations of due process include, but are not limited to when:
1. The member has a direct financial interest in the outcome of the matter at issue;
2. The matter at issue involves the member’s own official conduct;
3. Participation in the matter might violate the letter or spirit of a member’s code of professional responsibility;
4. A member has such close familial, business, or other ties to the applicant that the member cannot reasonably be expected to exercise sound judgment in the public interest;
5. A member has a fixed opinion prior to hearing the matter that is not susceptible to change; or
6. A member has undisclosed ex parte communications. (EX PARTE COMMUNICATION means a communication with only one party or side in a disputed case.)
(4) A member may be allowed to withdraw from the entire remainder of a meeting by majority vote of the remaining members present for any good and sufficient reason other than the member’s desire to avoid voting on matters to be considered at that meeting.
(5) A motion to allow a member to be excused from voting or excused from the remainder of the meeting is in order only if made by or at the initiative of the member directly affected.
(6) A roll call vote shall be taken upon the request of any member.
(E) Board of Adjustment officers. The officers of the Board of Adjustment shall be the same as the officers of the Planning Board.
(F) Powers and duties of Board of Adjustment.
(1) The Board of Adjustment shall hear and decide:
(a) Appeals from any order, decision, requirement, or interpretation made by the Land Use Administrator (as provided in § 152.115);
(b) Applications for special use permits (as provided in § 152.040);
(c) Applications for variances (as provided in § 152.116);
(d) Questions involving interpretations of the zoning map, including disputed district boundary lines and lot lines (as provided in § 152.118);
(e) Applications for special exception permits (as provided in § 152.117);
(f) Any other matter that the Board of Adjustment is required to act upon by any other town ordinance; and
(g) Whether to subpoena witnesses.
1. The Chairperson may subpoena witnesses. The Chairperson shall issue requested subpoenas he, she, or they determines to relevant, reasonable in nature and scope, and not oppressive. The Chairperson shall rule on any motion to quash or modify a subpoena. Decisions regarding subpoenas made by the Chairperson may be appealed to the full Board of Adjustment. If a person fails or refuses to obey a subpoena issued pursuant to this division (F)(1)(g), the Board or the party seeking the subpoena may apply to the General Court of Justice for an order requiring that its order be obeyed, and the Court shall have jurisdiction to issue these orders after notice to all proper parties. (See § 152.115.)
2. Other parties may request a subpoena. To request issuance of a subpoena, persons with standing under § 152.115 may make a written request to the Chairperson explaining why it is necessary for certain witnesses or evidence to be compelled.
(2) The Board of Adjustment may adopt rules and regulations governing its procedures and operations provided that said rules and regulations are not inconsistent with the provisions of this chapter.
(Ord. passed 12-20-2001)
(A) Except as otherwise specifically provided, the Board of Commissioners shall assign primary responsibility for administering and enforcing this chapter to one or more individuals, and the person or persons to whom these responsibilities are assigned shall be referred to in this chapter as the “Land Use Administrator.”
(B) (1) Except as otherwise specifically provided, the Land Use Administrator shall have, under limited circumstances as described below, the authority to amend the this chapter without following normal amendment procedures when and only when, such amendment is to correct a minor error such as a typo, clerical mistake, grammatical error, or other clear and obvious mistake not changing the meaning of the chapter.
(2) The procedure for making such amendments shall be two-fold:
(a) First, the Land Use Administrator must contact the Town Attorney, Town Clerk, and Mayor in writing prior to any amendment; and
(b) Second, the amendment must be documented to the Board of Commissioners and made a part of the Board of Commissioners’ regular meeting minutes at the next regularly scheduled Board of Commissioners’ meeting.
(Ord. passed 12-20-2001)
The terms “Planning Director,” “Administrator,” and “Zoning Director” are occasionally used interchangeably with “Land Use Administrator” as defined in § 152.023.
(Ord. passed 12-20-2001)
(A) The Board of Commissioners is the governing body of the town.
(B) The Board of Commissioners, in considering conditional use permit applications, acts in a quasi-judicial capacity and, accordingly, is required to observe the procedural requirements set forth in § 152.022.
(C) In considering proposed changes to the text of this chapter or to the zoning map, the Board of Commissioners acts in its legislative capacity and must proceed in accordance with the requirements of §§ 152.565 through 152.571.
(D) Unless otherwise specifically provided in this chapter, in acting upon conditional use permit requests or in considering amendments to this chapter or to the zoning map, the Board of Commissioners shall follow the regular, voting, and other requirements as set forth in other provisions of the town code, the town’s charter, or general law.
(E) A member may be allowed to withdraw from:
(1) The entire remainder of a meeting; or
(2) For a single item by majority vote of the remaining members present for any good and sufficient reason other than the member’s desire to avoid voting on matters to be considered at that meeting, or from quasi-judicial hearings for the reasons listed in § 152.022. In addition, any member may abstain, without a motion and vote of the Board, on any vote on an application brought under §§ 152.565 through 152.571, including major or minor amendments, text amendments or conditional use district rezoning. The vote of any member abstaining shall not be counted as an affirmative vote.
(F) A motion to allow a member to be excused from voting on an item(s) or excused from the remainder of the meeting is in order if the standards of § 152.022 apply.
(G) A roll call vote shall be taken upon the request of any member.
(Ord. passed 12-20-2001)
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