There is hereby established as a part of the government of Foxfire Village, North Carolina, the Foxfire Village Planning and Zoning Board, with authority to carry out certain functions as hereinafter specified within the corporate limits of the village, and the extraterritorial planning and zoning jurisdiction (ETJ) beyond the corporate limits, in accordance with G.S. 160D-301 and the provisions of this chapter and any other pertinent statutes, ordinances, and amendments that may be hereinafter enacted.

(Ord. No. 2021-07, § 2, 7-13-2021)

The planning and zoning board shall consist of five members. A quorum shall consist of three members when all five seats are filled or on occasions when there is one vacant seat on the board. On occasions when there are two vacant seats on the board a quorum shall consist of two members. In accordance with G.S. 160D-307, the membership shall be proportioned between resident property owners from within the corporate limits of the village, and from resident property owners from the ETJ outside the corporate limits of the village where zoning jurisdiction is allowed, in accordance with the population ratio. A minimum of one member shall be from the ETJ.

The population ratio between the village and the ETJ shall be recalculated at least on every federal census, and more often if significant population shifts have occurred, and adjustments shall be made to the board membership as required; provided, however, changes in membership shall be made only as existing membership terms expire.

The Board member(s) from the ETJ shall have equal rights, privileges, and duties with the other members of the Board, regardless of whether the matters at issue arise within the village or within the ETJ.

The village council shall appoint the members from within the corporate limits of Foxfire Village. The county board of commissioners shall appoint the member or members from the ETJ. If the county board fails to make such appointment within 90 days after receiving a resolution from the village council requesting that an appointment be made, the council may make the appointment.

Appointments shall be made for staggered terms of three years, but members may continue to serve until their successors have been appointed. Initially, two members who reside in the village shall be appointed for three-year terms, one member who resides in the village and one member who resides in the ETJ shall be appointed for two-year terms, and one member who resides in the village shall be appointed for a one-year term.

Appointments to fill vacancies created by members who resign or are otherwise unable to complete the terms of their appointments shall be for the unexpired portion of the terms.

(Ord. No. 2021-07, § 2, 7-13-2021)

Pursuant to the provisions of G.S. 160D-301 the planning and zoning board shall have authority to perform certain duties, as follows:

(1)

Prepare, review, maintain, monitor and periodically update and recommend to the council a comprehensive plan, and such other plans as deemed appropriate, and conduct related research, data collection, mapping and analysis;

(2)

Facilitate and coordinate citizen engagement and participation in the planning process;

(3)

Develop and recommend policies, ordinances, development regulations, administrative procedures, and other means of carrying out plans in a coordinated and efficient manner;

(4)

Advise the council concerning 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;

(5)

Exercise any functions in the administration and enforcement of various means for carrying out plans that the council may direct;

(6)

Perform any other related duties that the council may direct.

(Ord. No. 2021-07, § 2, 7-13-2021)

The planning and zoning board shall elect from its membership a chairperson, a vice-chairperson and a secretary. The chairperson shall preside over the meetings and conduct the business of the board in such manner as may be appropriate to carry out the functions and duties of the board. In the chair's absence, the vice-chairperson shall assume the duties and have the same authority as the chairperson would have.

The secretary shall keep accurate minutes of all meetings of the board and prepare reports for the council from time to time where recommendations and reports are made to the council, all of which shall be filed in the office of the village clerk.

(Ord. No. 2021-07, § 2, 7-13-2021)

The board shall conduct its meetings and affairs in accordance with a set of rules of procedure adopted by the board and approved by the village council.

(Ord. No. 2021-07, § 2, 7-13-2021)

The planning and zoning administrator and staff are responsible for the following:

(1)

Process plans for construction of any building or facility, making certain the plans are in compliance with all zoning codes.

(2)

Issue certificates of zoning and watershed compliance.

(3)

Conduct audits of construction sites to ensure both the certificate and the county building permit have been issued.

(4)

Ensure the zoning ordinances of the village are being complied with by residents, builders and developers.

(5)

Audit construction sites, making sure the plans are being followed as construction proceeds.

(6)

Provide guidance to interested parties on plan development, answering questions as needed.

(7)

Perform updates to, and issuance of the zoning map, and record the variances and amendments to the zoning ordinances.

(8)

Provide guidance to the planning and zoning board and the village Council on issues dealing with zoning and construction within the village.

(9)

Inform the planning and zoning board and the village council immediately of any development that poses an issue or challenge for the village, legal or otherwise.

(10)

Provide a year-end report to the village council including:

a.

Number of buildings planned and completed in the prior 12 months.

b.

Number and nature of variance requests approved and denied.

c.

Zoning issues needing attention.

d.

Needs of the department.

e.

Number of violations and course of action taken.

(Ord. No. 2021-07, § 2, 7-13-2021)

There is hereby established as part of the government of Foxfire Village, North Carolina a Board of Adjustment with authority to carry out certain functions as hereinafter specified within the corporate limits of the village, and the ETJ beyond the corporate limits, in accordance with G.S. 160D-302 and the provisions of this chapter and any other pertinent statutes, ordinances, and amendments that may be hereinafter enacted.

(Ord. No. 2021-07, § 2, 7-13-2021)

The board of adjustment shall consist of five members. a quorum shall consist of three members when all five seats are filled or on occasions when there is one vacant seat on the board. On occasions when there are two vacant seats on the board a quorum shall consist of two members. In accordance with G.S. 160D-307, the membership shall be proportioned between resident property owners from within the corporate limits of the village, and from resident property owners from the ETJ outside the corporate limits of the village where zoning jurisdiction is allowed, in accordance with the population ratio. A minimum of one member shall be from the ETJ.

The population ratio between the village and the ETJ shall be recalculated at least on every federal census, and more often if significant population shifts have occurred, and adjustments shall be made to the board membership as required; provided, however, changes in membership shall be made only as existing membership terms expire.

The board member(s) from the ETJ shall have equal rights, privileges, and duties with the other members of the board, regardless of whether the matters at issue arise within the village or within the ETJ.

(Ord. No. 2021-07, § 2, 7-13-2021)

The village council shall appoint the members from within the corporate limits of the village. The county board of commissioners shall appoint the member or members from the ETJ. If the county board fails to make such appointment within 90 days after receiving a resolution from the village council requesting that an appointment be made, the council may make the appointment. Appointments shall be made for staggered terms of three years, but members may continue to serve until their successors have been appointed. Initially, two members who reside in the village shall be appointed for three-year terms, one member who resides in the village and one member who resides in the ETJ shall be appointed for two-year terms, and one member who resides in the village shall be appointed for a one-year term. An alternate member may be appointed by the council to serve in the absence or unavailability of a member.

Appointments to fill vacancies created by members who resign or are otherwise unable to complete the terms of their appointments shall be for the unexpired portion of the terms.

(Ord. No. 2021-07, § 2, 7-13-2021)

The board of adjustment shall hear and decide appeals from administrative decisions regarding administration and enforcement of the UDO and may hear appeals arising out of other ordinances that regulate land use or development per G.S. 160D-705.

(Ord. No. 2021-07, § 2, 7-13-2021)

The board of adjustment shall elect from its membership a chairperson, vice chairperson, and secretary. The chairperson shall preside over meetings/hearings and conduct the business of the board in such manner as may be appropriate to carry out the functions and duties of the board. In her absence, the vice-chairperson shall assume the duties and have the same authority as the chairperson would have.

The secretary shall keep accurate minutes of all meetings, showing the vote of each member on each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be filed in the office of the village clerk.

(Ord. No. 2021-07, § 2, 7-13-2021)

The board of adjustment shall follow quasi-judicial procedures as set forth in article III, section 21-3-6 of this UDO in determining appeals from administrative decisions, special use permits, certificates of appropriateness, variances, or any other quasi-judicial decision.

In addition to the conflicts of interest rules contained in section 21-1-5 of this UDO, no board member exercising quasi-judicial functions shall participate in or vote on any quasi-judicial matter in a manner that would violate affected persons' constitutional rights to an impartial decision maker. Impermissible violations of due process include, but are not limited to, a member having a fixed opinion not susceptible to change prior to hearing a matter, undisclosed ex parte communications, a close familial, business, or other associational relationship with an affected person, or a financial interest in the outcome of the matter.

(Ord. No. 2021-07, § 2, 7-13-2021)

Pursuant to G.S. 160D-304 there is hereby established as a part of the Foxfire Village, North Carolina government the Foxfire Village Appearance Commission with the authority to carry out certain functions as hereinafter specified within the corporate limits of the village, and the ETJ beyond the corporate limits, in accordance with G.S. 160D-304 and the provisions of this chapter and any other pertinent statutes, ordinances, and amendments that may be hereinafter enacted.

(Ord. No. 2021-07, § 2, 7-13-2021)

Pursuant to G.S. § 160D-304, the appearance commission shall consist of seven members. All members of the commission shall be residents of the village's area of planning and zoning jurisdiction. Where possible, appointments will be made in such a manner as to maintain on the commission members who have special training or experience in a design or planning field such as architecture, landscape design, horticulture, city planning, or a related field. Membership of the commission is declared to be an office that may be held concurrently with any other elective or appointed office pursuant to Article VI, Section 9 of the North Carolina Constitution.

(Ord. No. 2021-07, § 2, 7-13-2021)

Members shall be appointed by the Foxfire Village Council to four-year terms, except to provide for continuity of membership, initial appointments will be three members for four-year terms, two members for three-year terms, and two members for two-year terms. Appointments to fill vacancies may be for the unexpired portion of the term or for a full four-year term, at the discretion of the village council.

(Ord. No. 2021-07, § 2, 7-13-2021)

Pursuant to G.S. 160D-960, the appearance commission shall make careful study of the visual problems and needs of Foxfire Village within its planning and development regulation jurisdiction and shall make any plans and carry out any programs that will, in accordance with the powers herein granted, enhance and improve the visual quality and aesthetic characteristics of the village. To this end, the council confers upon the appearance commission the following powers and duties:

(1)

To initiate, promote, and assist in the implementation of programs of general community beautification in the village.

(2)

To coordinate the activities of individuals, agencies, and organizations, public and private, whose plans, activities, and programs bear upon the appearance of the village.

(3)

To provide leadership and guidance in matters of area or community design and appearance to individuals, to public and private organizations, and to agencies.

(4)

To make studies of the visual characteristics and problems of the village, including surveys and inventories of an appropriate nature, and to recommend standards and policies of design for the entire area, any portion or neighborhood thereof, or any project to be undertaken.

(5)

To prepare both general and specific plans for the improved appearance of the village. These plans may include the entire area or any part thereof and may include private as well as public property. The plans shall set forth desirable standards and goals for the aesthetic enhancement of the village or any part thereof within its area of planning and development regulation jurisdiction, including public ways and areas, open spaces, and public and private buildings and projects.

(6)

To participate in the implementation of its plans. To this end, the council confers the following additional powers:

a.

To request from the proper officials of any public agency or body, including agencies of the state and its political subdivisions, its plans for public buildings, facilities, or projects to be located within the village's planning and development regulation jurisdiction.

b.

To review these plans and to make recommendations regarding their aesthetic suitability to the appropriate agency or to the planning and zoning board or the council. All plans shall be reviewed by the commission in a prompt and expeditious manner, and all recommendations of the commission with regard to any public project shall be made in writing. Copies of the recommendations shall be transmitted promptly to the planning and zoning board or the council and to the appropriate agency.

c.

To direct the attention of the council to needed enforcement of any ordinance that may in any way affect the appearance of the village.

d.

To seek voluntary adherence to the standards and policies of its plans.

e.

To promote public interest in and an understanding of its recommendations, studies, and plans, and, to that end, prepare, publish, and distribute to the public such studies and reports that will, in the opinion of the commission, advance the cause of improved appearance.

f.

To conduct public meetings and hearings, giving reasonable notice to the public thereof.

g.

To recommend to the council the procurement or provision of staff or technical services to assist the commission in its duties.

h.

To appoint, with the approval of the council, sub-commissions or committees to assist the commission in its duties.

(7)

The commission shall submit to the council an annual written report of its activities, a statement of its expenses, and its requested budget for the next fiscal year, by April 15 of each year.

(Ord. No. 2021-07, § 2, 7-13-2021)

The commission shall elect a chairperson, vice-chairperson, and secretary from its members. The chairperson shall preside over meetings of the commission, and the vice-chairperson shall so act in the absence of the chairperson. The secretary shall keep accurate minutes of the proceedings of the commission and shall prepare reports for the council from time to time where recommendations and reports are made.

(Ord. No. 2021-07, § 2, 7-13-2021)

The commission shall conduct its meetings and affairs in accordance with a set of rules of procedure adopted by the commission and approved by the village council.

(Ord. No. 2021-07, § 2, 7-13-2021)

Per G.S. 160D-306 and G.S. 160D-3101, the Foxfire Village Council may by ordinance establish additional advisory boards as deemed appropriate and appoint members to such boards. The establishing ordinance shall specify the composition and duties of such boards.

(Ord. No. 2021-07, § 2, 7-13-2021)

Per G.S. 160D-309, members of the planning and zoning board and the board of adjustment, as well as members of any additional boards established by the village council, before entering their duties, shall qualify by taking an oath as required by G.S. 160A-61.

(Ord. No. 2021-07, § 2, 7-13-2021)