(A) Establishment.
(1) The Board of Commissioners finds that it is not necessary and not in the public interest to maintain a separate Planning Board and Board of Adjustment to perform their duties. Therefore, as provided in § 154.004-02, the Board of Commissioners shall designate and appoint members of the Planning Board to serve as the Board of Adjustment. The Planning Board shall also serve as the Surry County Historic Preservation Commission.
(2) The Board of Commissioners finds that the dissolution of the Planning Board which existed prior to the adoption of this chapter and reappointment of members is necessary in order for the Board of Commissioners to appoint members who will be best suited to perform the added duties and responsibilities of the Board of Adjustment and also comply with the special interest, experience or education requirements of G.S. § 160D-303(a) and (b).
(3) The Planning Board which existed prior to the adoption of this chapter is hereby dissolved and the Board of County Commissioners shall appoint members to the new Planning Board. The Board of County Commissioners shall also designate and appoint members of the new Planning Board to serve as members of the Board of Adjustment according to the provisions of § 154.004-02.
(4) There shall be and hereby is created a Planning Board (hereafter called the “Board”) consisting of five regular members and one alternate.
(B) Zoning powers and duties. The Surry County Planning Board shall have certain powers and duties to be carried out in accordance with this chapter which include, but are not limited to the following:
(1) To review and make recommendations to the Board of Commissioners on all matters relating to the land use planning and zoning, including all land use plans, within the jurisdiction of Surry County, whenever such matters require the attention of the Board of Commissioners. These include requests for rezonings and zoning text amendments;
(2) To adopt such rules of procedure necessary for the administration of its responsibilities consistent with this chapter;
(3) To review and, based on conformity with standards contained in this chapter, approve or deny preliminary subdivision plans and major site plans which are submitted;
(4) To prepare and adopt rules of procedure, and prepare and adopt principles and standards, not inconsistent with G.S. § 160D-947, to guide the Board in determining congruity with the special character of the Village of Rockford District for new construction, alterations, additions, moving and demolition of properties within the Village of Rockford District. The Planning Board is filling the role of a Historic Preservation Commission as authorized by G.S. § 160D-303(B);
(5) To review and act upon proposals for alterations, demolitions, or new construction within the VR District through the application for certificates of appropriateness;
(6) To hear and decide on special use permits; use changes; and permits for alteration, expansion change or rebuilding of a nonconformity in the VR District;
(7) To act as the County Board of Adjustment as described in § 154.004-02; and
(8) To assume any other duties assigned by the Board of Commissioners, including review and approval of subdivisions and site plans in accordance with § 154.002-10.
(C) Number of board members; appointment. The Board of County Commissioners shall appoint members of the Planning Board. The Planning Board shall consist of five regular members and one alternate who shall be citizens and residents of Surry County. At least three of the members shall have demonstrated special interest, experience, or education in history, architecture, or related fields. The Board shall serve at the pleasure of the Board of County Commissioners. Any appointee may be removed at any time by a majority vote of the Board of Commissioners.
(D) Officers. The Board shall annually elect one of its members as Chairperson, another as Vice-Chairperson, and may appoint a Secretary and such other subordinates as may be authorized by the Board of County Commissioners.
(E) Length of terms. Terms of appointment shall be for three years and there shall be no limits of appointment. The Board shall serve at the pleasure of the Board of County Commissioners. Any appointee may be removed at any time by a majority vote of the Board of Commissioners. In appointing the original members or in the filling of vacancies caused by the expiration of the terms of existing members, the Board of Commissioners may appoint certain members for less than three years so that the terms of all members shall not expire at the same time.
(F) Vacancies. Vacancies that may occur for reasons other than term expiration shall be filled by appointment of the Board of Commissioners for the period of the unexpired term.
(G) Oath of office. Pursuant to G.S. § 153A-26, all members appointed to the Planning Board shall, before entering their duties, qualify by taking an oath of office as required by G.S. § 153A-26.
(H) Minutes. Pursuant to G.S. § 160D-308, the Planning Board shall keep minutes of its proceedings.
(I) Voting. A majority of the members shall be required to decide any matter. For the purposes of this division, vacant positions on the Board and members who are disqualified from voting shall not be considered members of the Board for calculation of the requisite majority if there are no qualified alternates available to take the place of such members.
(J) Conduct of meetings. All meetings of the Planning Board shall be open to the public. The Board shall keep minutes of its proceedings showing the vote of each member upon each issue and the absence or failure of any member to vote. Minutes shall be maintained by the County Clerk and shall be available for public review.
(K) Notice. The Board shall comply with North Carolina Public Meetings Law prior to the public meeting.
(L) Conflict of interest. A Planning Board member shall not vote on any advisory or legislative decision regarding a development regulation adopted pursuant to G.S. Ch. 160D 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. CLOSE FAMILIAL RELATIONSHIP means a spouse, parent, child, brother, sister, grandparent, or grandchild.
(Ord. passed 4-17-2023)