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10.2.2.   Composition
   A.   Membership. The BOA shall consist of five regular members.
   B.   Residence Location and Appointment.
      1.   Four members shall be citizens and residents of the town and shall be appointed by the Town of Zebulon Board of Commissioners;
      2.   One member shall be a citizen of Wake County and reside outside the town but within the extraterritorial jurisdiction boundaries of the town and shall be appointed by the Board of Commissioners of Wake County.
         a.   If despite good faith efforts, enough residents of the extra territorial planning area cannot be found to fill the seats reserved for residents of the area, then the Wake County Board of Commissioners may appoint other residents of the county (including residents of the town) to fill these seats.
         b.   If the county Board of Commissioners fails to make these appointments within 90 days after receiving a resolution from the town Board of Commissioners requesting that they be made, the town Board of Commissioners may make them.
      3.   If a regular or alternate in-town member moves outside the town, or if an extra-territorial area regular or alternate moves outside the planning jurisdiction, that shall constitute a resignation from the BOA, effective upon the date a replacement is appointed.
   C.   Alternate Members.
      1.   In addition to regular members, the BOA shall have two alternate members.
      2.   One alternate member shall be shall be a citizen and resident of the town and shall be appointed by the town Board of Commissioners.
      3.   One member shall be a citizen of Wake County and reside outside the town but within the extraterritorial jurisdiction boundaries of the town and shall be appointed by the Board of Commissioners of Wake County.
      4.   Alternate members shall be appointed for the same term, at the same time, and in the same manner as regular members.
      5.   Each alternate member, while attending any regular or special meeting of the BOA and serving in the absence of any regular member, shall exercise all the powers and duties of a regular member.
      6.   Town alternate members shall only replace regular town members and extraterritorial alternate members shall only replace regular extraterritorial members.
   D.   Member Terms.
      1.   Board of Adjustment members shall be appointed for three-year staggered terms expiring on June 30.
      2.   Members may continue to serve until their successors have been appointed.
      3.   There shall be no term limits for those serving on the BOA.
   E.   Vacancies. Vacancies occurring for reasons other than expired terms shall be filled as they occur for the unexpired remainder of the term either by the town Board of Commissioners or the County Commissioners of Wake County, depending upon the area represented.
   F.   Officers.
      1.   The BOA shall elect a Chair and Vice-Chair and create and fill such other offices as it may determine. The term of the Chair and other officers shall be one year, with eligibility for reelection.
      2.   Election of officers shall take place at the first meeting of the Board following the beginning of the fiscal year.
(Ord. 2020-36, passed 12-2-2019)
10.2.3.   Rules of Procedure
   A.   Generally. The BOA shall adopt rules for the transaction of its business and shall keep a record of its members' attendance and its resolutions, discussions, findings and recommendations, which record shall be a public record.
   B.   Compensation. Members of the BOA shall receive no compensation for their services.
   C.   Schedule.
      1.   The BOA shall establish a regular meeting time and place.
      2.   Unless there is no business to be conducted, the BOA shall hold at least one meeting monthly.
      3.   The BOA may elect to change and/or delete meeting dates, times and/or locations of its regular meetings.
   D.   Open Meetings. All meetings and hearings shall be open to the public.
   E.   Official Record.
      1.   The BOA shall keep minutes of its proceedings showing the vote of each member upon each question and the absence or failure of any member to vote.
      2.   Unless otherwise provided by law, all records and minutes shall be public record.
   F.   Quorum.
      1.   No official business of the BOA may be conducted without a quorum present.
      2.   A quorum shall be defined as the number of members equal to four-fifths of the regular board membership, excluding vacant seats.
   G.   Voting.
      1.   The concurring vote of four-fifths of the BOA members shall be necessary to grant a variance.
      2.   A simple majority of the BOA members shall be required to decide any other matter.
      3.   Members who are recused from voting due to a conflict of interest shall not be counted towards a simple or super majority.
      4.   The members appointed to the BOA by the Board of Wake County Commissioners as representatives of the extraterritorial area outside the town shall have equal rights, privileges and duties with the other members of the BOA regardless of whether the matters at issue arise within the town or within the extraterritorial area.
   H.   Attendance. Faithful attendance at meetings of the BOA is considered a prerequisite to continued membership, and the appointing authority may remove and replace any member continually delinquent in his duty to attend.
      1.   Regular members of the Board of Adjustment may be removed by the Board of Commissioners at any time for failure to attend three consecutive meetings or for failure to attend 70 percent or more of the meetings within any 12-month period or for any other good cause related to performance of duties.
      2.   Alternate members may be removed for repeated failure to attend or participate in meetings when requested to do so in accordance with regularly established procedures.
   I.   Conflict of Interest.
      1.   A member of the BOA shall not vote, nor participate in any manner that would violate an affected person's constitutional rights to an impartial decision maker; including, but are not limited to:
         a.   A member having a fixed opinion prior to hearing the matter that is not susceptible to change;
         b.   Undisclosed ex-parte communication;
         c.   A close family, business, or other associational relationship with an affected person; or
         d.   Financial interest in the outcome of the matter.
      2.   If an objection is raised to a member's participation and that member does not recuse theirself, the remaining members shall by majority vote rule on the objection.
(Ord. 2020-36, passed 12-2-2019; Ord. 2021-65, passed 5-3-2021)
10.3.   BOARD OF COMMISSIONERS
In order to exercise the authority granted to the Board of Commissioners by state law, the Board of Commissioners shall have the following powers and duties under this Ordinance:
(Ord. 2020-36, passed 12-2-2019)
10.3.1.   Powers and Duties
   A.   Application Review and Decision. To initiate, review, and decide applications for:
      1.   Comprehensive Plan Amendments;
      2.   Development Agreements;
      3.   Planned Developments;
      4.   Special Use Permits;
      5.   UDO Text Amendments;
      6.   Vested Rights Determinations; and
      7.   Zoning Map Amendments.
   B.   Other Powers and Duties.
      1.   To approve, by resolution, a schedule of fees governing:
         a.   Applications for permits and other development approval reviews under this ordinance; and
         b.   Civil penalties for violations of this Ordinance.
      2.   To take any other action not delegated to the Planning Board, BOA, or town staff, as the Board of Commissioners may deem desirable and necessary to implement the provisions of this Ordinance.
10.3.2   Conflict of Interest.
In accordance with North Carolina General Statutes 160D-109(a), a governing board member shall not vote on any 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. A governing 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.
(Ord. 2020-36, passed 12-2-2019; Ord. 2021-65, passed 5-3-2021)
10.4.   PLANNING BOARD
The Planning Board is hereby established in accordance with Section 160D-301 of the North Carolina General Statutes. The Planning Board shall have the following powers and duties, composition, and rules of procedure under this Ordinance:
(Ord. 2020-36, passed 12-2-2019; Ord. 2021-65, passed 5-3-2021)
10.4.1.   Powers and Duties
   A.   Recommendation Authority. To make recommendations to the Board of Commissioners on the following applications:
      1.   Comprehensive Plan Amendments;
      2.   Development Agreements;
      3.   Planned Developments;
      4.   Special Use Permit concept plans;
      5.   UDO Text Amendments; and
      6.   Zoning Map Amendments.
   B.   Other Powers and Duties. The Planning Board shall have the following other powers and duties:
      1.   To make studies of the town's planning jurisdiction and surrounding areas;
      2.   To determine objectives to be sought in the development of the town;
      3.   To prepare and adopt plans for achieving these objectives;
      4.   To develop and recommend policies, ordinances, administrative procedures, and other means for carrying out plans that the Board of Commissioners may direct;
      5.   To advise the Board of Commissioners concerning the use and amendment of means for carrying out plans;
      6.   To exercise any functions in the administration and enforcement of various means for carrying out plans that the Board of Commissioners may direct;
      7.   To perform any other related duties that the Board of Commissioners may direct;
      8.   To conduct such public meetings as may be required to gather information necessary for the drafting, establishment, and maintenance of adopted or proposed plans and before recommending any such plans to the Board of Commissioners; and
      9.   To promote public interest in and an understanding of its recommendations, and to that end, publish and distribute copies of its recommendations and may employ such other means of publicity and education as it may determine.
(Ord. 2020-36, passed 12-2-2019)
10.4.2.   Composition
   A.   Membership. The Planning Board shall consist of seven members.
   B.   Residence Location and Appointment.
      1.   Five members shall be citizens and residents of the town and shall be appointed by the town of Zebulon Board of Commissioners;
      2.   Two members shall be citizens of Wake County and reside outside the town but within the extraterritorial jurisdiction boundaries of the town and shall be appointed by the Board of Commissioners of Wake County.
         a.   If despite good faith efforts, enough residents of the extra territorial planning area cannot be found to fill the seats reserved for residents of the area, then the Wake County Board of Commissioners may appoint other residents of the county (including residents of the town) to fill these seats.
         b.   If the County Board of Commissioners fails to make these appointments within 90 days after receiving a resolution from the Board of Commissioners of the town requesting that they be made, the Board of Commissioners of the town may make them.
      3.   Members of the Planning Board shall hold no other official municipal government position except on a zoning board, zoning board of adjustment or housing authority board.
      4.   A member may be removed by the Board which appointed the member for neglect of duty or malfeasance in office.
      5.   Upon request of the member proposed for removal, the Board of Commissioners may hold a hearing on the removal before it becomes effective.
   C.   Member Terms.
      1.   Members of the Planning Board shall be appointed for terms of three years with terms expiring on June 30.
      2.   Members may continue to serve until their successors have been appointed.
      3.   There shall be no term limits for those serving on the Planning Board.
   D.   Vacancies. Vacancies occurring for reasons other than expired terms shall be filled as they occur for the unexpired remainder of the term either by the Board of Commissioners of the town or the County Commissioners of Wake County, depending upon the area represented.
   E.   Officers.
      1.   The Planning Board shall elect a Chairperson and may create and fill other offices as it may deem necessary.
      2.   The term of officers shall be one year or until successors shall have been elected and installed, with eligibility for re-election.
(Ord. 2020-36, passed 12-2-2019; Ord. 2023-12, passed 11-7-2022)
10.4.3.   Rules of Procedure
   A.   Generally. The Planning Board shall adopt rules for the transaction of its business and shall keep a record of its members' attendance and its resolutions, discussions, findings and recommendations, which record shall be a public record.
   B.   Compensation. Members of the Planning Board shall receive no compensation for their services.
   C.   Schedule.
      1.   The Planning Board shall establish a regular meeting time and place.
      2.   Unless there is no business to be conducted, the Planning Board shall hold at least one meeting monthly.
      3.   The Planning Board may elect to change and/or delete meeting dates, times and/or locations of its regular meetings.
   D.   Open Meetings. All meetings and hearings shall be open to the public.
   E.   Official Record.
      1.   The Planning Board shall keep minutes of its proceedings showing the vote of each member upon each question and the absence or failure of any member to vote.
      2.   Unless otherwise provided by law, all records and minutes shall be public record.
   F.   Quorum.
      1.   No official business of the Planning Board may be conducted without a quorum present.
      2.   A quorum shall consist of a majority of actual membership excluding vacant seats.
   G.   Voting.
      1.   An affirmative vote of the majority of Planning Board members constituting a quorum is required for all decisions.
      2.   The Chairperson shall vote as any other member.
      3.   The members appointed to the BOA by the Board of Wake County Commissioners as representatives of the extraterritorial area outside the town shall have equal rights, privileges and duties with the other members of the Planning Board regardless of whether the matters at issue arise within the town or within the extraterritorial area.
   H.   Attendance. Faithful attendance at meetings of the Planning Board is considered a prerequisite to continued membership, and the appointing authority may remove and replace any member continually delinquent in his duty to attend. Specifically, members of the Planning Board may be removed by the Board of Commissioners at any time for:
      1.   Failure to attend three consecutive meetings; or
      2.   Failure to attend 70% or more of the meetings within any 12-month period; or
      3.   For any other good cause related to performance of duties.
   I.   Conflict of Interest.
      1.   A member of the Planning Board shall not vote, nor participate in any manner that would violate an affected person's constitutional rights to an impartial decision maker; including, but are not limited to:
         a.   A member having a fixed opinion prior to hearing the matter that is not susceptible to change;
         b.   A close family, business, or other associational relationship with an affected person; or
         c.   Financial interest in the outcome of the matter.
      2.   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.
(Ord. 2020-36, passed 12-2-2019; Ord. 2023-12, passed 11-7-2022)
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