14.7.1.1. Powers and Duties as Related to UDO. The powers and duties of the Board of Commissioners in relation to this ordinance shall be as follows:

(A)

Hear and decide amendments to this Ordinance.

(B)

Hear and decide amendments to the Official Zoning Map.

(C)

Appoint members to the Planning Board and Board of Adjustment.

(D)

Designate funds for the administration of this ordinance.

(E)

Hear and decide applications for Special Use Permits.

(F)

Hear and approve subdivision applications.

14.7.1.2. Oath of office. All members elected to the Board of Commissioners shall, before entering their duties, qualify by taking an oath of office as required by G.S. 153A-26 and G.S. 160A-61.

14.7.1.3. Conflict of interest. A Board of Commissioners member shall not vote on any legislative decision regarding a development regulation adopted pursuant to this Ordinance 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 Board of Commissioners 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. (G.S. 160D-109)

14.7.1.4. Rules of Procedure. Rules of procedure that are consistent with the provisions of this G.S. Chapter 160D may be adopted by the governing board for any or all boards created under this Ordinance. In the absence of action by the governing board, each board created under this Ordinance is authorized to adopt its own rules of procedure that are consistent with the provisions of G.S. Chapter 160D. A copy of any adopted rules of procedure shall be maintained by the local government clerk or such other official as designated by ordinance and posted on the local government website. (G.S. 160D-308)

14.7.1.5. Minutes. In accordance with G.S.160D-308, each board shall keep minutes of its proceedings. Minutes will be kept on file in the Town Hall and be made publicly available within seven calendar days of adoption. (G.S. 160D-309).

(2019-111, § 2.4; 2020-3, § 4.33(a); 2020-25, § 51(a), (b), (d).)

14.7.2.1. Establishment. Pursuant to G.S. 160D-301, there is hereby created a Planning Board of the Town, to perform the functions and duties prescribed in this chapter.

14.7.2.2. Membership; Vacancies.

(A)

Beginning in February 2021, the Planning Board shall consist of five members. Five members shall be citizens and residents of the Town and shall be appointed by the Board of Commissioners. Of the five members, seats one, two, and three shall serve three-year terms commencing in February 2021 and expiring in February every three years thereafter. Seats four and five shall serve until May 2023 and then thereafter serve three-year terms. At such time that there are residents in the Town's extraterritorial jurisdiction, the Planning Board shall also include ETJ representation consistent with NCGS Chapter 160D.

(B)

Vacancies occurring for reasons other than expiration of terms shall be filled as they occur for the period of the unexpired term.

(C)

In addition to the five members of the Planning Board, there shall be two alternate members. These alternates are appointed by the Board of Commissioners and should adhere to the same qualifications and meeting attendance as members of the Planning Board. These alternates shall be designated by the Board of Commissioners as first and second alternates. The role of alternates is as follows:

(1)

The alternates shall attend all Planning Board meetings and other Planning Board functions.

(2)

If a primary member of the Planning Board is absent from a meeting, the first alternate shall, for the duration of the meeting, function as a primary member of the Planning Board with full voting responsibilities. If a second primary member is absent, the second alternate shall, for the duration of the meeting, function as a primary member of the Planning Board with full voting responsibilities.

(3)

If all primary members of the Planning Board are in attendance at a meeting, the alternate members may participate in discussions, questioning presenters and the like, but are not voting members.

(D)

The Planning Board Chairperson must be a primary member, not an alternate member.

(Ord. of 2-10-2025(4), § 1)

14.7.2.3. Attendance at Meetings.

(A)

Faithful attendance at the meetings of the Planning Board is considered a prerequisite for the maintenance of membership on the Planning Board.

(B)

The Board of Commissioners may declare that a vacancy exists in the Planning Board membership when any member, other than the ETJ representative has missed more than three meetings (whether regular, special or called meetings) within a six-month period without having been excused by the Chairperson of the Planning Board. The Board of Commissioners shall appoint a new member to complete the remaining portion of the term wherein the vacancy exists.

14.7.2.4. Organization; Rules; Records. The Planning Board shall elect a Chairperson and create and fill the other offices as it may determine. The term of the Chairperson and other officers shall be one year, with eligibility for reelection. The Planning Board shall adopt rules for transaction of its business and shall keep a record of its members' attendance and of its resolutions, discussions, findings and recommendations, which record shall be a public record. When agenda items exist for consideration Planning Board shall hold at least one meeting monthly to consider these items, and all of its meetings shall be open to the public.

14.7.2.5. Jurisdiction; Voting.

(A)

The one member appointed to the Planning Board by the Board of County Commissioners as representative of the extraterritorial area outside the Town shall have equal rights, privileges and duties with the other members of the Planning Board in all matters pertaining to the regulation of the area, both in preparation of the original regulations and in consideration of any proposed amendments to the regulations.

(B)

On all matters pertaining to the regulation of the area within the corporate limits, only those Planning Board members appointed by the Town Board of Commissioners to represent the area within the corporate limits shall vote.

(C)

For taking action on any matter pertaining to the extraterritorial zoning area, there shall be present a quorum of four members, one of whom must be a representative from the extraterritorial zoning area.

(D)

For taking action on any matter pertaining to the area within the corporate limits, there shall be present a quorum of three of the members appointed to represent the area.

14.7.2.6. Powers and Duties. It shall be the general duty of the Planning Board to:

(A)

Acquire and maintain in current form basic information and materials as are necessary to an understanding of past trends, present conditions, and forces at work to cause changes in these conditions;

(B)

Prepare and from time to time amend and revise a comprehensive and coordinated plan for the physical development of the area;

(C)

Establish principles and policies for guiding action in the development of the area;

(D)

Prepare and recommend to the Board of Commissioners ordinances promoting orderly development along the lines indicated in the comprehensive plan;

(E)

Determine whether specific proposed developments conform to the principles and requirements of the comprehensive plan for the growth and improvement of the area;

(F)

Keep the Board of Commissioners and the general public informed and advised as to these matters; and

(G)

Take responsibility for all citizen engagement processes associated with the creation of future plans; and

(H)

Perform any other duties which may lawfully be assigned to it.

14.7.2.7. Comprehensive Plans.

(A)

The comprehensive plans, with the accompanying maps, plats, charts and descriptive matter, shall be and show the Planning Board's recommendations to the Board of Commissioners for the development of the area, including, among other things, the general location, character, and extent of streets, bridges, boulevards, parkways, playgrounds, squares, parks, aviation fields, and other public ways, grounds and open spaces; the general location and extent of public utilities and terminals, whether publicly or privately owned or operated, or water, power, gas, lights, sanitation, transportation, communication, and other purposes; the removal, relocation, widening, narrowing, vacating, abandonment, change of use, or extension of any of the foregoing ways, buildings, grounds, open spaces, properties, utilities or terminals; and the most desirable pattern of land use within the area.

(B)

The comprehensive plans and any ordinances or other measures to effectuate the plans shall be made with the general purpose of guiding and accomplishing a coordinated, adjusted and harmonious development of the Town and its environs that will, in accordance with present and future needs, best promote health, safety, morals and the general welfare, as well as efficiency and economy in the process of development, including, among other things, adequate provision for traffic, the promotion of safety from fire and other dangers, adequate provision for light and air, the promotion of the healthful and convenient distribution of population, the promotion of good civic design and arrangement, the wise and efficient expenditure of public funds, and the adequate provision of public utilities, services and other public requirements.

14.7.2.8. Zoning Amendments.

(A)

The Planning Board shall prepare and submit to the Board of Commissioners for its consideration and possible adoption a zoning ordinance for the control of the height, area, bulk, location, and use of buildings and premises in the area, in accordance with the provisions of G.S. 160D-604(b).

(B)

The Planning Board may initiate from time to time proposals for amendment of the zoning ordinance and map, based upon its studies and plans. In addition, it shall review and make recommendations to the Board of Commissioners concerning all proposed amendments to the zoning ordinance and map.

(C)

When conducting a review of proposed zoning text or map amendments or Special Use Permit pursuant to this section, the planning board shall advise and comment on whether the proposed action is consistent with any comprehensive plan that has been adopted and any other officially adopted plan that is applicable. The planning board shall provide a written recommendation to the governing board that addresses plan consistency and other matters as deemed appropriate by the planning board, but a comment by the planning board that a proposed amendment is inconsistent with the comprehensive plan shall not preclude consideration or approval of the proposed amendment by the governing board. 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. (G.S. 160D-604(d))

(D)

In accordance with G.S. 160D-604(e), the Board of Commissioners must not handle the Planning Board duties to review and comment on zoning amendments.

14.7.2.9. Subdivision Regulations.

(A)

The Planning Board shall review, from time to time, the existing regulations for the control of land subdivision in the area and submit to the Board of Commissioners its recommendations, if any, for the revision of those regulations.

(B)

The Planning Board shall review and make recommendations to the Board of Commissioners concerning all proposed plats of land subdivision.

14.7.2.10. Conducting Public Hearings. The Planning Board may conduct public hearings as may be required to gather information necessary for the drafting, establishment and maintenance of the comprehensive plans. Before recommending any plans to the Board of Commissioners, the Planning Board shall hold at least one public hearing thereon.

14.7.2.11. Promoting Public Interest. The Planning Board shall have power to promote public interest in and an understanding of its recommendations, and to that end it may publish and distribute copies of its recommendations and may employ other means of publicity and education as it may determine.

14.7.2.12. Conflict of interest. Members of the Planning Board shall not vote on any advisory or 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 Planning 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. (G.S. 160D-109)

14.7.2.13. Oath of office. All members of the Planning Board shall, before entering their duties, qualify by taking an oath of office as required by G.S. 153A-26 and G.S. 160A-61. (G.S. 160D - 309)

14.7.2.14. Minutes. In accordance with G.S. 160D-308 the Planning Board shall keep minutes of its proceedings. Minutes will be kept on file in the Town Hall and be made publicly available within seven calendar days of adoption.

(1997 Code, §§ 26-31—26-36, 26-38—26-40, 26-43, 26-44; Am. Ord. 2005-07-14, passed 7-18-2005; 2016 Code §§ 152.15—152.19, 152.22—152.24,152.27, 152.28; 2019-111, § 2.4; 2020-3, § 4.33(a); 2020-25, § 51(a), (b), (d); Ord. No. 2021-02-01; Ord. of 2-10-2025(4), § 1)

14.7.3.1. Establishment.

(A)

Generally. Pursuant to G.S. 160D-302, there is hereby established a Zoning Board of Adjustment of the Town to perform the functions and duties prescribed in this section.

(B)

Membership.

(1)

The Zoning Board of Adjustment shall have five regular members. In addition to regular members, the Board of Commissioners shall appoint two alternate members. The senior alternate member, while attending any regular or special meeting of the Zoning Board of Adjustment, in the absence of a regular member, shall have and may exercise all the powers and duties of the regular member. If two regular members are absent, the second alternate member shall serve in the same fashion as the senior alternate, the senior alternate member being the prior appointee.

(2)

Regular members and alternate members shall be residents of the Town and shall be appointed to the Zoning Board of Adjustment by the Board of Commissioners. Additionally, the Zoning Board of Adjustment shall have one member who resides outside the Town, but within the area specified by an extraterritorial boundary ordinance adopted pursuant to G.S. 160D-202, and shall be appointed by the Board of County Commissioners in accordance with G.S. 160D-307.

(C)

Terms. Regular members, extraterritorial members and any alternate members, of the Zoning Board of Adjustment shall serve for terms of three years. Any vacancy in the membership shall be filled for the unexpired term in the same manner as the initial appointment. Members shall serve without pay but may be reimbursed for any expenses incurred while representing the Zoning Board of Adjustment. No members of the Planning Board or officials of the Town shall be appointed to the Zoning Board of Adjustment.

(D)

Vacancies. Notwithstanding the provisions of the subsection (C) above, the Board of Commissioners may declare that a vacancy exists in the Board of Adjustment membership when any individual regular or alternate member has missed more than three meetings in a row (whether regular, special or called meetings) without having been excused by the chairman of the Board of Adjustment. The Board of Commissioners shall appoint a new member to complete the unserved portion of the term wherein the vacancy exists.

14.7.3.2. Organization and Proceedings.

(A)

The Zoning Board of Adjustment shall elect a Chairperson and Vice-Chairperson from among its regular members. The Chairperson and Vice-Chairperson shall serve terms of one year beginning on January 1 or until they are reelected, or their successors are elected. The Board shall appoint a secretary, who may be a member of the Board or an employee of the Town.

(B)

The Board shall adopt rules and procedures in accordance with the provisions of this chapter. The Board shall meet monthly and at other times as the Board may determine. The Chairperson, or in his or her absence the Vice-Chairperson, may administer oaths. All meetings shall be open to the public. The Board shall keep minutes of its proceedings showing important facts pertaining to matters acted upon and a record of votes of each member on each question, including the names of those not voting or absent.

(C)

Regular members may vote on all matters before the Board. Extraterritorial area members shall have equal rights, privileges and duties with other members of the Board in all matters pertaining to the extraterritorial area. Alternate members shall have equal rights, privileges and duties of the members they represent.

14.7.3.3. Powers and Duties. The Zoning Board of Adjustment shall have the following powers and duties:

(A)

Administrative review. The Board shall hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the UDO Administrator in the enforcement of this chapter.

(B)

Variances. In accordance with G.S. 160D-705(d), the Board of Adjustments shall consider and permit variances as described in Section 14.8.18 of this UDO.

(C)

Zoning maps, lot lines. The Board may interpret zoning maps and pass upon disputed questions of lot lines, district boundary lines and similar questions as they arise in the administration of this chapter.

(D)

Other matters. In addition to zoning matters, the Board shall hear and decide matters referred to it upon which it is required to act by other ordinances of the Town.

14.7.3.4. Decisions of the Zoning Board of Adjustment. The concurring vote of four-fifths of the Zoning Board of Adjustment shall be necessary to reverse any order, requirement, decision or determination of the UDO Administrator, or to decide in favor of the applicant for a variance from the terms of this chapter. On all other matters brought before the Board, a majority vote of those present shall constitute the decision of the Board. On all appeals and applications brought before the Board, the Board shall inform in writing all parties involved of its decisions and the reasons therefor.

14.7.3.5. Appeals Submitted to the Zoning Board of Adjustment.

(A)

Appeals under Section 14.7.3.3(A) may be brought by filing the required written notice of appeal by any person aggrieved by any appealable decision, or by the Town. Any appeal must be filed within 30 days following the communication to the effective party of the decision that is the subject of the appeal. All papers constituting the record upon which the action appealed was taken shall forthwith be transmitted to the Zoning Board of Adjustment by the officer from whom the appeal is taken.

(B)

An appeal stays all proceedings, including fines, in furtherance of the action appealed unless the officer from whom the appeal is taken certifies to the Board after the notice of appeal has been filed that because of facts stated in the certificate a stay would, in his or her opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by restraining order, which may be granted by the Board or by a court of record upon issuance of notice to the officer from whom the appeal is taken and upon due cause shown. (G.S. 160D-405)

(C)

Applications for a variance from the terms of this chapter shall be filed with the Board on forms provided by the Board. Applications shall be signed by the owner of the property or a lawful agent.

(D)

The Zoning Board of Adjustment shall hear appeals or other matters within 45 days following the matter being referred to it, and give due notice thereof to the parties in interest and decide the same within 30 days following the hearing. Upon a hearing, any party may appeal in person or by agent or by attorney.

(E)

The Board shall give public notice of the hearing of an appeal in a newspaper of general circulation in the Town, by mail to the parties to the action under appeal, and by posting on the Town bulletin board.

(F)

The official or staff member who made the decision which is being appealed or the person currently occupying that position, if the decision maker is no longer employed by the local government, shall be present at the evidentiary hearing as a witness. G.S. 160D-406(e)

14.7.3.6. Appeals from the Zoning Board of Adjustment. Any person aggrieved by any decision of the Zoning Board of Adjustment may, within 30 days after the filing of the decision in the office of the Board, but not thereafter, present to the court of competent jurisdiction a petition duly verified, setting forth that the decision is illegal, in whole or in part, specifying the ground of illegality, whereupon the decision of the Board shall be subject to review by certiorari as provided by law.

14.7.3.7. Fees for Variances or Appeals.

(A)

Applicants for a variance or appeal shall pay a fee to the Town to cover administrative costs and advertising.

(B)

The fee shall be as determined by the Board of Commissioners from time to time and included in the schedule of fees maintained on file in the Town Hall.

(C)

Schedule of fees for the Board of Adjustment for a variance/appeal/text change shall be determined and adopted by the Board of Commissioners and posted on the Town website.

14.7.3.8. Minutes. In accordance with G.S. 160D-308 the Board of Adjustments shall keep minutes of its proceedings. Minutes will be kept on file in the Town Hall and be made publicly available within seven calendar days of adoption.

14.7.3.9. Oath of Office. All members appointed to the Board of Adjustments shall, before entering their duties, qualify by taking an oath of office as required by G.S. 153A-26 and G.S. 160A-61. (G.S. 160D-309)

14.7.3.10. Conflict of interest. A Board of Adjustments member shall not vote on any legislative decision regarding a development regulation adopted pursuant to this Ordinance 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 Board of Adjustments 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. (G.S. 160D-109)

14.7.3.11. Rules of Procedure. Rules of procedure that are consistent with the provisions of this G.S. 160D may be adopted by the Board of Adjustment. In the absence of action by the governing board, each board created under this Ordinance is authorized to adopt its own rules of procedure that are consistent with the provisions of G.S. Chapter 160D. A copy of any adopted rules of procedure shall be maintained by the Town Clerk and posted on the Town website. (G.S. 160D-308)

14.7.3.12. Minutes. In accordance with G.S. Chapter 160D, each board shall keep minutes of its proceedings. Minutes will be kept on file in the Town Hall and be made publicly available on the Town website within seven days of adoption. (G.S. 160D-308)

(1997 Code, §§ 44-151—44-157; Am. Ord. passed 11-18-2002; Am. Ord. passed 7-21-2003; Am. Ord. 2005-11-16, passed 11-21-2005; 2016 Code §§ 156.095—156.101; 2019-111, § 2.4; 2020-3, § 4.33(a); 2020-25, § 51(a), (b), (d); Ord. No. 2021-02-02)