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PLANNING AND ZONING BOARD
(A)
There shall be a Planning and Zoning Board consisting of seven members. Five members, appointed by the Board of Aldermen, shall reside within the town. Two members, appointed by the County Board of Commissioners, shall reside within the town's extraterritorial planning area. If the County Board fails to make these appointments within 90 days after receiving a resolution from the Board of Aldermen requesting that they be made, the Town Board may make them. Members may be removed by the appointing authority at any time for failure to attend three consecutive meetings without excuse or for failure to attend 30% or more of the meetings within any 12-month period or, after a hearing, for other good cause related to performance of duties. All members shall have demonstrated special interest, experience or education in banking, economics, environmental and land use policy, housing or industry. The Board of Aldermen may establish reasonable procedures to solicit, review, and make appointments.
(B) Planning and Zoning Board members shall be appointed for three-year staggered terms, but members may continue to serve until their successors have been appointed. All appointments to fill vacancies shall be for the unexpired terms only.
(C) All members may participate in and vote on all issues before the Board, regardless of whether the issue affects property within the town or within the extraterritorial planning area.
(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)
(A) The Planning and Zoning Board shall establish a regular meeting schedule and shall meet frequently enough so that it can take action in conformity with this chapter.
(B) The Planning and Zoning Board shall conduct its meetings in accordance with the quasi-judicial procedures set forth in §§ 153.305 through 153.309, 153.320 through 153.325 and 153.340 through 153.363 when it is considering a matter for which an evidentiary hearing is required under this chapter or by law.
(C) Minutes shall be kept of all Planning and Zoning Board meetings.
(D) All Planning and Zoning Board meetings shall be open to the public and the agenda for each board meeting shall be made available in advance of the meeting.
(E) Whenever the Planning and Zoning Board is called upon to make recommendations concerning a special use permit request or amendments to previously approved subdivision plats or a zoning amendment proposal, the planning staff shall post on or near the subject property one or more notices that are sufficiently conspicuous in terms of size, location and content to provide reasonably adequate notice to potentially interested persons of the matter that will appear on the Planning and Zoning Board's agenda at a specified date, time and place. Such notice(s) shall be posted at least seven calendar days prior to the meeting at which the matter is to be considered.
(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)
(A)
A quorum for the Planning and Zoning Board shall consist of five members if there are no vacant seats. A quorum is necessary for the Planning and Zoning Board to take official action.
(B) All actions of the Planning and Zoning Board shall be taken by majority vote, a quorum being present.
(C) A roll call vote shall be taken upon the request of any member.
(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)
(A)
The Planning and Zoning Board may:
(1) Make studies and recommend to the Board of Aldermen plans, goals and objectives relating to the growth, development and redevelopment of the town and the surrounding extraterritorial planning area;
(2) Develop and recommend to the Board of Aldermen policies, ordinances, administrative procedures and other means for carrying out plans in a coordinated and efficient manner;
(3) Make recommendations to the Board of Aldermen concerning proposed special use permits and proposed zoning map changes;
(4) Make recommendations to the Board of Adjustment concerning proposed special use permits upon request from the Board of Adjustment; and
(5) Perform any other duties assigned by the Board of Aldermen.
(B) Rules of procedure that are consistent with the provisions of this chapter may be adopted by the Town's Board of Aldermen for the Planning and Zoning Board. In the absence of action by the town's Board of Aldermen, the Planning and Zoning Board is authorized to adopt its own rules of procedure that are consistent with the provisions of G.S. Ch. 160D. A copy of any adopted rules of procedure shall be maintained by the Town's Clerk and shall be posted on the town's website.
(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)
(A)
From time to time, the Board of Aldermen may appoint one or more individuals to assist the Planning and Zoning Board in carrying out its responsibilities with respect to a particular subject area. By way of illustration, without limitation, the Board of Aldermen may appoint advisory committees to consider the thoroughfare plan, revitalization plans, housing plans, economic development plans.
(B) Members of such advisory committees shall sit as non-voting members of the Planning and Zoning Board when such issues are being considered and shall lend their talents, energies and expertise to the Planning and Zoning Board. However, all formal recommendations to the Board of Aldermen shall be made by the Planning and Zoning Board.
(C) Nothing in this section shall prevent the Board of Aldermen from establishing independent advisory groups, committees or commissions to make recommendations on any issue directly to the Board of Aldermen.
(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)
BOARD OF ADJUSTMENT
(A)
There shall be a Board of Adjustment consisting of consisting of seven regular members and two alternate members. Five regular members, appointed by the Board of Aldermen, shall reside within the town. Two regular members, appointed by the County Board of Commissioners, shall reside within the town's extraterritorial planning area. Two alternate members, appointed by the Board of Alderman, shall reside within the town. If the County Board of Commissioners fails to make an appointment within 90 days after receiving a resolution from the town requesting that an appointment be made, the Board of Aldermen may make the appointment. Upon expansion or reduction of the town's extraterritorial planning area, the Board of Aldermen shall review the impact of such change on the extraterritorial membership of the Board of Adjustment and, if necessary, make appropriate adjustments in the number of extraterritorial members. Members may be removed by the appointing authority at any time for failure to attend three consecutive meetings without excuse or for missing more than 30% of the meetings within any 12-month period or for other good cause related to performance of duties. Because the Board of Adjustment primarily conducts evidentiary hearings using quasi-judicial proceedings, members shall have the ability to read and understand complex land ownership and development issues. Members should have backgrounds related to land ownership and development issues (i.e., law, real estate, banking, building, environmental groups, governmental agencies, community organizations and the like). The Board of Aldermen may establish reasonable procedures to solicit, review, and make appointments.
(B) (1) Board of Adjustment members shall be appointed for three-year staggered terms, but members may continue to serve until their successors have been appointed.
(2) All appointments to fill vacancies shall be for the unexpired terms only.
(C) All regular members may participate in and vote on all issues before the Board. Alternate members shall only serve in the absence of regular members.
(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)
(A) The Board of Adjustment shall establish a regular meeting schedule and shall meet frequently enough so that it can take action in conformity with this chapter.
(C) All meetings of the Board of Adjustment shall be open to the public and the agenda for each Board meeting shall be made available in advance of the meeting.
(D) Minutes shall be kept of all Board of Adjustment meetings.
(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)
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