There is established a planning and zoning commission of the town to consist of seven members, each of whom shall be a resident of the town, to be appointed by the town council.

The members of the commission shall serve for three years, except as provided in this article. The members of the first commission appointed under this title served for the following terms: two members were appointed for a term of one year, two members were appointed for a term of two years, and three members were appointed for a term of three years.

In the event of a death, resignation or removal from the commission, the vacancy shall be filled by the town council for the unexpired term. Members of the commission may, after public hearing, be removed by the town council for inefficiency, neglect of duty or malfeasance in office. The town council shall file a written statement of the reasons for removal. Three unexcused absences during a term from any regular or special meeting shall be grounds for termination at the will and pleasure of the town council without the necessity of a hearing or notice, and such action shall be final.

All members shall serve without pay, but may be reimbursed for actual expenses incurred in connection with their duties upon authorization by the community development director and the finance director.

(Ord. No. 2013-04, Exh. A, 5-7-2013)

A.

It shall be the duty of the commission to:

1.

Formulate and administer any lawful plan duly adopted by the town council for the present and future growth and development of the town;

2.

Make or cause to be made a continuous study of the best present and future use to which land and buildings shall be put within the town;

3.

Recommend to the town council revisions in such plans that, in the opinion of the commission, are for the best interest of the citizens of the town;

4.

Hold public hearings when necessary;

5.

Make recommendations to the town council on all matters concerning or relating to the creation of zoning districts, the boundaries thereof, the appropriate regulations to be enforced therein, and amendments of this title, and to undertake all activities usually associated therewith and commonly known as "planning and zoning."

B.

The commission may grant special exceptions which it has been specifically authorized to grant under the terms of this title, subject to the conditions expressed therein.

C.

The commission is also authorized to confer and advise with other city, county, regional or state planning agencies and commissions.

(Ord. No. 2013-04, Exh. A, 5-7-2013)

A.

The commission shall elect a chair and vice-chair from among its own members. The chair shall serve for one year. The vice-chair shall serve for one year and is the chair-elect for the following year and both shall serve until their successors are elected and qualified.

B.

The chair shall preside at all meetings and exercise all the usual rights, duties and prerogatives of the head of any similar organization.

C.

The chair shall have the power to administer oaths and to take evidence.

D.

The vice-chair shall perform the duties of the chair in the latter's absence or disability.

E.

Vacancies created by any cause shall be filled for the unexpired term by a new election.

(Ord. No. 2013-04, Exh. A, 5-7-2013)

A.

Four members shall constitute a quorum.

B.

The affirmative vote of a majority of members voting shall be required for passage of any matter before the commission. A member may abstain from voting only upon a declaration that he has a conflict of interest, in which case such member shall take no part in the deliberation on the matter in question.

(Ord. No. 2013-04, Exh. A, 5-7-2013)

A.

The commission shall make and publish rules and regulations to govern its proceedings and to provide for its meetings.

B.

All meetings of the commission shall be open to the public.

C.

The minutes and records of all commission proceedings shall be kept and filed as public records at the Eagar Town Hall.

(Ord. No. 2013-04, Exh. A, 5-7-2013)

A.

There is established a board of adjustment of the town to consist of five members, three from the planning and zoning commission and two from the town council, and appointed by the town council.

B.

In the event of a death, resignation or removal from the board of adjustment, the vacancy shall be filled by the town council for the unexpired term. Members of the board of adjustment may, after a public hearing, be removed by the town council for inefficiency, neglect of duty or malfeasance in office. The town council shall file a written statement of the reasons for removal. Three unexcused absences during a term from any regular or special meeting shall be grounds for termination at the will and pleasure of the town council without the necessity of a hearing or notice, and such action shall be final.

C.

All members shall serve without pay; however, members of the board of adjustment may be reimbursed for actual expenses incurred in connection with their duties upon authorization or ratification by the board of adjustment and approval of such expenditures by the community development director and the finance director.

(Ord. No. 2013-04, Exh. A, 5-7-2013)

A.

It shall be the duty of the board of adjustment to:

1.

Hear and decide appeals in which it is alleged there is an error in an order, requirement or decision made by the community development director in the enforcement of this title, and to reverse or affirm, wholly or partly, or modify the order, requirement or decision of the community development director appealed from, and make such order, requirement, decision or determination as necessary;

2.

Hear and decide appeals for variances from the terms of this title only if, because of special circumstances applicable to the property, including its size, shape, topography, location or surroundings, the strict application of this title will deprive such property of privileges enjoyed by other property of the same classification in the same zoning district. Any variance granted is subject to such conditions as will assure that the adjustment authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the same zoning district in which such property is located.

B.

The board of adjustment may not:

1.

Make any changes in the uses permitted in any zoning classification or zoning district, or make any changes in the terms of this title, provided the restrictions in this subsection shall not affect the authority to grant variances pursuant to this article.

2.

Grant a variance if the special circumstances applicable to the property are self-imposed by the property owner.

(Ord. No. 2013-04, Exh. A, 5-7-2013)

A.

The board of adjustment shall elect a chair and vice chair from among its own members, who shall serve for one year and until their successors are elected and qualified.

B.

The chair shall preside at all meetings and exercise all the usual rights, duties and prerogatives of the head of any similar organization. The chair shall have the power to administer oaths and to take evidence.

C.

The vice-chair shall perform the duties of the chair in the latter's absence or disability.

D.

Vacancies created by any cause shall be filled for the unexpired term by the new election.

(Ord. No. 2013-04, Exh. A, 5-7-2013)

A.

Three members shall constitute a quorum.

B.

The affirmative vote of a majority of members voting shall be required for passage of any matter before the board. A member may abstain from voting only upon a declaration that he has a conflict of interest, in which case such member shall take no part in the deliberation on the matter in question.

(Ord. No. 2013-04, Exh. A, 5-7-2013)

A.

All meetings of the board of adjustment shall be open to the public.

B

The minutes and records of all board of adjustment proceedings shall be kept and filed as public records at the Eagar Town Hall.

(Ord. No. 2013-04, Exh. A, 5-7-2013)

There is created the office of the community development director of the town.

(Ord. No. 2013-04, Exh. A, 5-7-2013)

The community development director shall:

A.

Enforce this title;

B.

Accomplish all administrative actions required by this title;

C.

Undertake preliminary negotiations with, and provide advice to, all applicants for zoning adjustment action, use permits, plan review or other action of the community development director, the commission or board of adjustment;

D.

Subject to general and specific policy laid down by the commission and town council, interpret this title to members of the public, town departments and other branches of government.

(Ord. No. 2013-04, Exh. A, 5-7-2013)

This title shall be enforced by the community development director who shall in no case grant permission for the issuance of any permit for the construction, reconstruction, alteration, demolition, movement or use of any building, structure, lot or parcel if the building, structure, lot or parcel as proposed to be constructed, reconstructed, altered, used or moved, would be in violation of any of the provisions of this title, unless directed to issue such permit by the board of adjustment after interpretation of this title or the granting of a variance, or by the town council after interpretation of this title.

(Ord. No. 2013-04, Exh. A, 5-7-2013)