The County Planning Board shall be appointed by the Board of County Commissioners. The Board shall consist of seven regular members and two alternate members. Initial terms shall be as follows: two regular members shall be appointed for a term of one year; three regular members shall be appointed for a term of two years; two regular members shall be appointed for a term of three years; and two alternate members shall be appointed for a term of three years. Subsequent terms of regular and alternate members shall be for three-year periods. No regular or alternate member shall serve more than two successive terms as a regular and alternate member. Alternate members, when serving in the absence of a regular member, shall have the ability to vote as a regular member on all matters which come before the Board. A vacancy of a regular member leaving the Board shall be filled by the alternate member with the greatest seniority. All members shall be residents of the county.

(1996 Code, § 155.210) (Ord. passed 5-21-1984; Ord. passed 9-15-2003)

   (A)   The Board shall elect its own Chairperson and may adopt from time to time such rules and regulations as it deems necessary to carry into effect the provisions of this chapter.

   (B)   At the first regular meeting after June 30, this Board shall elect from its membership a Chairperson and a Vice Chairperson.

   (C)   The Chairperson shall normally preside at all meetings of this Board. In the absence of the Chairperson, the Vice Chairperson shall preside; in the absence of both, the senior member present shall serve as acting Chairperson. Seniority shall be determined by time of service as a member of this Board.

   (D)   The Chairperson shall appoint committees, designate committee chairs, and perform such other duties as may be determined by the County Board of Commissioners.

(1996 Code, § 155.211) (Ord. passed 5-21-1984)

   (A)   General procedures. All meetings shall be open to the public and conducted according to parliamentary law. Procedures in all meetings of this Board shall be governed by Robert’s Rules of Order except when such rules of order are in conflict with these bylaws and state law.

   (B)   Special meeting. Special meetings may be held at the call of the Chairperson or of an acting Chairperson, provided that notice of such meetings shall be given to all members at least 48 hours before the hour for which the meeting is called.

   (C)   Public access. All regular and special meetings, hearings, records, files, and accounts of this Board shall be open to the public in accordance with provisions of the General Statutes; provided, however, that the Board may go into executive session when done in accordance with the statutes.

   (D)   Quorum.

      (1)   Four members, including the presiding Chairperson, shall constitute a quorum for transacting business and taking official action.

      (2)   Whenever a quorum is not present at a regular or special meeting, those present may postpone the meeting to another day or hold the meeting for the purpose of considering such matters as are on the agenda or introduced by members.

      (3)   No action taken at such a meeting shall be official unless and until ratified and confirmed in a subsequent meeting of this Board at which a quorum is present, by approval of the minutes of that meeting at which a quorum was not present, or by formal approval of the action itself at a subsequent meeting.

   (E)   Agenda. The Director shall prepare an agenda for each regular meeting. Copies of the agenda shall be made available to interested persons at the time the meeting is convened. Any matter not listed on the agenda may be introduced by any member of this Board after the matters listed on the agenda have been considered.

   (F)   Voting. Voting by members of the Board shall be by signal of raised hand with yeas recorded and nays recorded.

   (G)   Conflict of interest. No member of this Board shall participate in any committee or Board discussion, vote on, or preside over any issue involving his or her own financial interest or his or her official conduct.

(1996 Code, § 155.212) (Ord. passed 5-21-1984)

   In accordance with G.S. § 153A-344, the Planning Board’s duties shall include but not be limited to the following:

    (A)   Make studies of the county and surrounding areas;

   (B)   Determine objectives to be sought in the development of the study area;

   (C)   Prepare and adopt plans for achieving these objectives;

   (D)   Develop and record policies, ordinances, administrative procedures, and other means for carrying out plans in a coordinated and efficient manner;

   (E)   Advise the Board of Commissioners concerning the use and amendment of means for carrying out plans;

   (F)   Exercise any functions in the administration and enforcement of various means for carrying out plans that the Board of Commissioners may direct;

   (G)   Regulate the subdivision of land within this Board’s territorial jurisdiction as specified in the subdivision regulations for the county;

   (H)   Prepare and maintain this chapter;

   (I)   Review and make recommendations on any proposal submitted to this Board.

      (1)   The Planning Board shall advise and comment on whether the proposed zoning amendment is consistent with all applicable officially adopted plans, and provide a written recommendation to the Board of Commissioners that addresses plan consistency and other matters as deemed appropriate by the Planning Board.

      (2)   A comment by the Planning Board that a proposed amendment is inconsistent with the officially adopted plans shall not preclude consideration or approval of the proposed amendment by the Board of Commissioners.

      (3)   Hear any appeals from the private road naming process as outlined in Chapter 94 and § 155.170.

   (J)   Perform any other related duties that the Board of Commissioners may direct.

(1996 Code, § 155.213) (Ord. passed 5-21-1984; Ord. passed 3-20-2006; Ord. passed 2-5-2018)

         (a)   Any request for a waiver of a standard set forth in this chapter, including but not necessarily limited to height requirements and limitation, yard requirements, parking requirements, screening or buffer requirements, planting requirements, ratio requirements, density requirements, spacing requirements, and signage requirements, landscaping material, building design, and parking lot layout shall be granted only after the applicant has demonstrated that:

            1.   The deviation was a result of unique conditions of the property; or

            2.   The deviation will result in a project that is at least equal to or better than what would be accomplished under the strict application of this section.

         (b)   Before granting a minor waiver the Director or his or her designee shall reasonably determine that granting the waiver:

            1.   Does not and will not violate the spirit and intent of this chapter; and

            2.   Does not and will not adversely affect the rights of other property owners in any material manner.

         (c)   A minor waiver may not deviate by more than 10% from any of the measurable standards of this section.

         (d)   The authority given to the Zoning Administrator to grant such waivers shall be construed to be permissive and not mandatory and the Zoning Administrator may decline to make such waiver. In the event this occurs, the applicant shall have the right to request a variance from the Board of Adjustment.

         (e)   Nothing in this section shall be construed as limiting the Director’s or his or her designee’s duties and rights under this section, or an applicant’s right to appeal the decision of the Zoning Administrator to the Board of Adjustment.

      (1)   On lots which abut more than one street, the front of the lot shall be parallel to the more prominent street. Exceptions may be made to this rule by the Zoning Administrator based upon the arrangement of existing and proposed streets and drives and the orientation of buildings on adjoining lots. Where neither street is more prominent than the other, the Zoning Administrator shall decide which street shall be the front based upon these same criteria.

      (2)   Where multiple buildings are permitted on a single lot of record, each building shall generally front upon a pedestrian oriented street, either external or internal to the development; side and rear yard designations shall be determined on the basis of building orientation.

      (3)   On irregularly shaped lots, the location of required front, side, and rear yards will be determined by the Zoning Administrator. The determination will be based on the spirit and intent of this subchapter to achieve an appropriate spacing of buildings and orientation to the streets.

(1996 Code, § 155.214) (Ord. passed 5-21-1984; Ord. passed 4-2-2007; Ord. passed 6-5-2017)