10-1.1   Establishment and Membership

(A)

Creation .....The Lewisville Board of Adjustment, consisting of five (5) members with two (2) alternate members, appointed by the Elected Body, has been created and is hereby continued.

(B)

Membership and Vacancies

(1)

Tenure. .....The members are to serve for terms of three (3) years, except that the initial Board of Adjustment is to consist of one appointee for a term of one year; two (2) appointees for terms of two (2) years, and two (2) appointees for terms of three (3) years. Thereafter, all appointments are to be for terms of three (3) years. The two (2) alternate members are to serve for terms of three (3) years. Thereafter, alternate member appointments are to be for a term of three (3) years. Terms in effect as of the date of adoption (July 13, 2006) of this Ordinance shall be extended to the next occurring March 31. Members appointed hereafter shall serve three (3) year terms ending on March 31.

(2)

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

(3)

Removal for Cause. .....Any member of the Board of Adjustment may be removed for cause upon written charges and after a public hearing.

(4)

Alternates. .....There shall be two (2) alternates appointed from the townspeople. The alternates shall serve in the absence of a regular member of the Board of Adjustment and shall have all the rights, privileges, and duties of the regular member he or she is replacing.

(C)

Four-Fifths (⅘) Vote Required .....All members of the Board of Adjustment shall leave equal rights, privileges, and duties in all matters that come before the Board of Adjustment no matter where they arise. The concurring vote of four (4) members of the Board of Adjustment shall be necessary to reverse any order, requirement, decision or determination of the Zoning Officer, or to decide in favor of the applicant on any matter upon which the Board of Adjustment is required to pass judgment, or to grant a variance from the provisions of this Ordinance.

(D)

Compensation .....The per diem compensation of the members of the Board of Adjustment shall be fixed by the Elected Body.

(E)

Rules and Procedures .....The Board of Adjustment shall adopt rules and procedures as it deems necessary.

10-2.1   Town of Lewisville

(A)

Creation .....The Planning Board of the Town of Lewisville is hereby created, in accordance with the following provisions:

(B)

Membership and Vacancies .....From and after July 1, 2004, the Planning Board shall consist of seven (7) members. From the period beginning on July 1, 2003 until June 30, 2004, the Planning Board shall consist of five (5) members with an additional two (2) members who shall serve as ex-officio members. The ex-officio members shall have not voting authority and shall not be treated as Planning Board members for the purpose of determine the outcome of votes, the presence of a quorum or any other purpose. Except for the two (2) ex-officio members prior to July 1, 2004, who shall be residents of the Vienna annexation area, all members of the Planning Board shall be citizens and residents of the Town of Lewisville and shall be appointed by the Elected Body. Members will be appointed for terms of three (3) years, except for the first appointment of the two (2) new members of the Planning Board when the size of the Planning Board is increased to seven (7) on July 1, 2004. The terms of these two (2) new members shall be for the following periods: one of the new members will serve from July 1, 2004, to December 31, 2006, and the other new member will serve from July 1, 2004, to December 31, 2007. Vacancies occurring for reasons other than expiration of terms shall be filled as they occur for the period of the unexpired term. Commencing with terms expiring in December 2005, upon the expiration of the term of a Planning Board member, such Planning Board member shall be limited to a maximum of three (3) consecutive terms from and after December 2005, and shall be ineligible for reappointment to the Planning Board for a period of three (3) years thereafter; provided, however, if, at the end of the term of a Planning Board member who is not eligible for reappointment due to the limit on consecutive terms, no different replacement applies for the position or obtains the required vote to be elected to the position, then such a member may be appointed for one additional term.

Terms in effect as of the date of adoption of this Odinance (July 13, 2006) shall be extended to the next occurring March 31. Members appointed hereafter shall serve three (3) year terms ending on March 31.

Members may be removed by the Elected Body.

(C)

Organization, Rules, Meetings, and Records .....Within thirty (30) days after appointment, the Planning Board shall meet and elect a chair and create and fill such offices as it may determine. The term of the chair and other officers shall be one year, with eligibility for reelection. The Board shall adopt rules of attendance of its members and for transaction of its business and shall keep record of its members' attendance and of its resolutions, discussions, findings, and recommendations, which shall be public records. The Board shall hold at least one meeting monthly, and all of its meetings shall be open to the public. There shall be a quorum of four (4) members for the purpose of taking any official action.

(D)

General Powers and Duties .....It shall be the duty of the Planning Board, in general:

(1)

To acquire and maintain in current form such 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;

(2)

To identify needs and problems growing out of those trends;

(3)

To determine objectives to be sought in development of the area;

(4)

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

(5)

To prepare and recommend to the Elected Body and from time to time, recommend amendments and revisions to a comprehensive and coordinated plan for the physical, social, and economic development of the area;

(6)

To prepare and recommend to the Elected Body ordinances promoting orderly development along lines indicated in the comprehensive plan and advise it concerning proposed amendments of such ordinances;

(7)

To determine whether specific proposed developments conform to the principles and requirements of the comprehensive plan for the growth and improvement of the area and ordinances adopted in furtherance of such plan;

(8)

To keep the Elected Body and the general public informed and advised as to these matters; and,

(9)

To perform any other duties that may lawfully be assigned to it.

(E)

Basic Studies

(1)

Information. .....As background for its comprehensive plan and any ordinances it may prepare, the Planning Board may gather maps and aerial photographs of physical features of the area; statistics on past trends and present conditions with respect to population, property values, the economic base of the area, and land use; and such other information as is important or likely to be important in determining the amount, direction, and kind of development to be expected in the area and its various parts.

(2)

Special Studies. .....In addition, the Planning Board may make, cause to be made, or obtain special studies on the location, the condition, and the adequacy of specific facilities, which may include, but are not limited to, studies of housing; commercial and industrial facilities; parks, playgrounds, and other recreational facilities; public and private utilities; and traffic, transportation, and parking facilities.

(3)

Other Information. .....All Town officials shall, upon request, furnish to the Planning Board such available records of information as it may require in its work. The board or its agents may, in the performance of its official duties, enter upon lands and make examinations or surveys and maintain necessary monuments thereon.

(F)

Comprehensive Plan

(1)

Preparation. .....The Planning Board shall prepare and submit to the Elected Body for its consideration and possible adoption a comprehensive plan, with the accompanying maps, plats, charts, and descriptive matter, showing the Planning Board's recommendations to the Elected Body for the development of said territory, 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, for water, light, sanitation, transportation, communication, power, 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, property, utilities, or terminals; and the most desirable pattern of land use within the area, including areas for farming and forestry, for manufacturing and industrial uses, for commercial uses, for recreational uses, for open spaces, and for mixed uses. The Planning Board shall use as its basis the plan previously informally adopted by the Elected Body.

(2)

Purpose. .....The plan and any ordinances or other measures to effectuate it recommended by the Planning Board 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 and 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, wise and efficient expenditure of public funds, and the adequate provision of public utilities, services, and other public requirements.

(G)

Subdivision Ordinance

(1)

Ordinance. .....The Planning Board shall prepare and submit to the Elected Body for its consideration and possible adoption an ordinance controlling the subdivision of land in accordance with the provisions of G.S. Article 8 of Chapter 160D, as amended. It shall review, from time to time, the effectiveness of such ordinance and may make proposals to the Elected Body for amendment or the improvement of those regulations and their enforcement.

(2)

Review Plats. .....In accordance with the provisions of any regulations that are adopted, the Planning Board may review subdivision plats that are submitted and make recommendations to the Elected Body concerning such plats.

(H)

Zoning Ordinance

(1)

Ordinance. .....The Planning Board shall prepare and submit to the Elected Body for its consideration and possible adoption a Zoning Ordinance in accordance with the provision of G.S. Article 7 of Chapter 160D, as amended.

(2)

Amendments. .....The Planning Board may initiate, from time to time, proposals for amendment of the Zoning Ordinance, based upon its studies and comprehensive plan. In addition, it shall review and make recommendations to the Elected Body concerning all proposed amendments to the Zoning Ordinance.

(I)

Public Facilities .....The Planning Board shall review with the Town Manager and other town officials and report its recommendations to the Elected Body concerning the location, extent, and design of all proposed public structures and facilities; the acquisition and disposition of public properties; and the establishment of building lines, mapped street lines, and proposals to change existing street lines. The Board shall include transportation planning in its purview. It shall also make recommendations concerning other matters referred to it by the Elected Body.

(J)

Economic Development .....The Planning Board may prepare and amend from time to time an economic development program for submission to the Elected Body, as authorized by G.S. 158-13.

(K)

Miscellaneous Powers and Duties .....The Planning Board may conduct such public hearings as may be required to gather information for the maintenance of the comprehensive plan. Before proposing any changes to such plan to the Elected Body, it shall hold at least one public hearing thereon. 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 such other means of publicity and education as it may elect. Members or employees of the Planning Board, when duly authorized by the Board, may attend planning conferences, meetings of planning associations, or hearings on pending planning legislation, and the Planning Board may authorize payment in accordance with Town policy and within the Planning Board's budget.

(L)

Annual Report and Budget Request .....The Planning Board, shall, in April of each year, submit in writing to the Elected Body a report of its activities, an analysis of its expenditures to date for the current fiscal year, and its requested budget of funds needed for operation during the ensuing fiscal year.

(M)

Advisory Council and Special Committees .....The Planning Board may establish an unofficial Advisory Council and may cooperate with that Council to the end that its investigations and plans may receive full consideration, but the Board may not delegate to such Advisory Council any of its official powers and duties. The Planning Board may from time to time establish special committees to assist it in studying specific questions and problems.

(UDO L-164, § 2, 7-8-21)