(A) The
do hereby create a
under the authority of G.S. §
160D-301.
(1) The Swansboro
hereinafter referred to as the “
” shall have the authority to create and amend its own Rules and Procedures subject to the
review for comments at any time by an affirmative vote of a majority of the members of the
, provided that such amendment shall have first been presented to the membership in writing at a regular or special meeting.
(2) The
shall consist of seven members, five of whom shall be bonafide residents of the Town of Swansboro and two whom shall be bonafide residents of the “Area of
” of the Town of Swansboro hereinafter known as the “”. Representatives of the shall be appointed by the Onslow County Board of Commissioners. The Swansboro
shall by resolution request that these appointments be made. If within 90 days after receiving a resolution, an appointment has not been made, then the Swansboro
may make the appointment.
(3) Appointments shall be for staggered terms with all subsequent appointments being for three year terms. Should a vacancy occur, an appointment will be made to complete the unexpired term. Members shall have no limitation placed on the number of consecutive terms they may hold. The
may request termination of a member at their privilege and reappoint or not reappoint members.
(4) All members shall have equal rights, privileges, and duties with the other members regardless of whether the matters at issue arise within the town limits or within the .
(5) A quorum of the appointed members shall be the number needed to hold a meeting. A quorum is considered a majority of the members currently serving on the Board.
(6) Powers and duties of the
shall consist of:
(a) To prepare, review, maintain, monitor, and periodically update and recommend to the
a
, 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) Develop and recommend policies, ordinances,
s, administrative procedures, and other means for carrying out plans in a coordinated and efficient manner;
(d) Advise the
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) Exercise any functions in the administration and enforcement of various means for carrying out plans that the
may direct;
(f) To provide a preliminary forum for review of s, provided that no part of the forum or recommendation may be used as a basis for the deciding board; and
(g) Perform any other related duties that the
may direct.
(7) The
may conduct such public hearings as may be required to gather information necessary for the drafting, establishment and maintenance of the Comprehensive and Land Use plans, Zoning Ordinance, Subdivision Ordinance, or other studies the
deems necessary.
(B) Rules of conduct. Members of the Board may be removed for cause, including violation of any rule stated below.
(1) Faithful attendance at all meetings of the Board and conscientious performance of the duties required of members of the Board shall be considered a prerequisite of continuing membership on the Board.
(2) (a) No Board member shall vote on any advisory or legislative decision regarding a
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
, business, or other associational relationship.
(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 to rule on the objection.
(3) No Board member shall discuss any case with any parties thereto prior to the meeting on that case; provided however, that members may receive and/or seek information pertaining to the case from any other member of the Board, or staff prior to the meeting. Board members shall disclose publicly any contact made by any party to a matter before the Board.
(4) Members of the Board shall not express individual opinions on the proper judgment of any case with any parties thereto prior to the Board’s of that case. Violation of this rule shall be cause for dismissal from the Board.
(5) Members shall serve at the pleasure of the
.
(C)
review and comment.
(1) Initial zoning.
(a) The
shall prepare or shall review and comment upon a proposed zoning regulation, including the full text of such regulation and maps showing proposed district boundaries. The Planning Board may hold public meetings and legislative hearings in the course of preparing the regulation. Upon completion, the Planning Board shall make a written recommendation regarding adoption of the regulation to the
.
(b) The
shall not hold its required hearing or take action until it has received a recommendation regarding the regulation from the
. Following its required hearing, the Board of Commissioners may refer the regulation back to the Planning Board for any further recommendations that the Board may wish to make prior to final action by the
in adopting, modifying and adopting, or rejecting the regulation.
(2) Zoning amendments. Subsequent to initial adoption of a zoning regulation, all proposed amendments to the zoning regulation or zoning map shall be submitted to the
for review and comment. If no written report is received from the Planning Board within 30 days of referral, the
may act on the amendment without the Planning Board report. The Board of Commissioners is not bound by the recommendations, if any, of the Planning Board.
(3) Plan consistency.
(a) When conducting a review of proposed zoning text or map amendments, the Planning Board shall advise and comment on whether the proposed action is consistent with any
that has been adopted and any other officially adopted plan that is applicable. The Planning Board shall provide a written recommendation to the Board of Commissioners that addresses plan consistency and other matters as deemed appropriate, but a comment by the Planning Board that a proposed amendment is inconsistent with the
shall not preclude consideration or approval of the proposed amendment by the Board of Commissioners.
(b) If a zoning map amendment qualifies as a “large-scale rezoning” under G.S. § 160D-602(b), the Planning Board statement describing plan consistency may address the overall rezoning and describe how the analysis and policies in the relevant adopted plans were considered in the recommendation made.
(4) Review of other ordinances and actions. Any
other than a zoning regulation that is proposed to be adopted and any subsequent amendments to the regulation thereafter may be referred to the Planning Board for review and comment.
(Ord. 2005-O3, passed 3-15-2005; Am. Ord. 2006-11, passed 4-18-2006;Am. Ord. passed 1-16-2007; Am. Ord. 2010-O6, passed 2-16-2010; Am. Ord. 2010-O20, passed 7-20-2010; Am. Ord. 2021-O3, passed 5-24-2021)