(a)

There shall be a planning board consisting of ten members. Eight members, appointed by the city council, shall reside within the city, one within each of the city's eight precincts. Two members, appointed by the Robeson County Board of Commissioners, shall reside within the city's extraterritorial planning area. If the Robeson County Board fails to make these appointments within 90 days after receiving a resolution from the city council requesting that they be made; the council may make them.

(b)

Planning board members shall be appointed for three-year staggered terms, but members may continue to serve until their successors have been appointed. Initially, persons residing in precincts one, two, and three and one extraterritorial area resident shall be appointed for three-year terms; persons residing in precincts four, five, and six shall be appointed for two-year terms; and persons residing in precincts seven and eight and one extraterritorial area resident shall be appointed for one-year terms. Vacancies may be filled for unexpired terms only.

(c)

Members may be appointed to successive terms without limitation.

(d)

Planning board members may be removed by the council at any time for failure to attend three consecutive meetings or for failure to attend 30 percent or more of the meetings within any 12-month period or for any other good cause related to performance of duties. Upon request of the member proposed for removal, the council shall hold a hearing on the removal before it becomes effective.

(e)

If a planning board member appointed from a precinct moves out of his or her precinct, that shall constitute a resignation from the planning board, effective upon the date a replacement from that precinct is appointed by the council.

(Ord. No. 813, § 1, 6-3-85; Ord. No. 2055, 5-22-06; Ord. No. 2013.11.02, 11-18-13; Ord. No. 2021.06.02 , 6-9-21)

(a)

The planning board shall establish a regular meeting schedule and shall meet frequently enough so that it can take action in conformity with section 35-67 (Applications to be processed expeditiously).

(b)

Since the board has only advisory authority, it need not conduct its meetings strictly in accordance with the quasi-judicial procedures set forth in articles IV, V, and VI. However, it shall conduct its meetings so as to obtain necessary information and to promote the full and free exchange of ideas.

(c)

Minutes shall be kept of all board proceedings.

(d)

All board meetings shall be open to the public, and whenever feasible, the agenda for each board meeting shall be made available in advance of the meeting.

(e)

Whenever the board is called upon to make recommendations concerning a special use permit request, or a zoning amendment proposal, the planning staff shall post on or near the subject property one or more notices that are sufficiently conspicuous in terms of size, location, and content to provide reasonably adequate notice to potentially interested persons of the matter that will appear on the board's agenda at a specified date and time. Such notice(s) shall be posted at least seven days prior to the meeting at which the matter is to be considered. The planning staff shall also send written notice to adjoining property owners if and to the extent required by any regulation or requirement of the planning board adopted under subsection 35-25(b).

(Ord. No. 813, § 1, 6-3-85; Ord. No. 868, 3-3-86; Ord. No. 2021.06.02 , 6-9-21)

(a)

A quorum for the planning board shall consist of a majority of the board membership (excluding vacant seats). A quorum is necessary for the board to take official action.

(b)

All actions of the planning board shall be taken by majority vote, a quorum being present.

(c)

A roll call vote shall be taken upon the request of any member.

(d)

Extraterritorial planning area members may vote on all matters before the planning board to the same extent as other members.

(Ord. No. 813, § 1, 6-3-85; Ord. No. 2021.06.02 , 6-9-21)

(a)

At its first meeting in September of each year, the planning board shall, by majority vote of its membership (excluding vacant seats) elect one of its members to serve as chairman and preside over the board's meetings and one member to serve as vice-chairman. The persons so designated shall serve in these capacities for terms of one year. Vacancies in these offices may be filled for the unexpired terms only by majority vote of the board membership (excluding vacant seats).

(b)

The chairman and vice-chairman may take part in all deliberations and vote on all issues.

(Ord. No. 813, § 1, 6-3-85; Ord. No. 2013.11.02, 11-18-13; Ord. No. 2021.06.02 , 6-9-21)

(a)

The planning board may:

(1)

Make studies and recommend to the council plans, goals and objectives relating to the growth, development and redevelopment of the city and the surrounding extraterritorial planning area.

(2)

Develop and recommend to the council policies, ordinances, administrative procedures and other means for carrying out plans in a coordinated and efficient manner.

(3)

Make recommendations to the council concerning proposed special use permit and proposed zoning map changes, as provided by sections 35-57 and 35-322.

(4)

Perform any other duties assigned by the council.

(b)

The planning board may develop rules and regulations governing its procedures and operations not inconsistent with the provisions of the chapter. These rules and regulations shall be subject to review and approval by the council and, upon approval, shall become effective for the planning board.

(Ord. No. 813, § 1, 6-3-85; Ord. No. 2021.06.02 , 6-9-21)

(a)

From time to time, the council may appoint one or more individuals to assist the planning board to carry out its planning responsibilities with respect to a particular subject area. By way of illustration, without limitation, the council may appoint advisory committees to consider the thoroughfare plan, bikeway plans, housing plans, economic development plans, etc.

(b)

Members of such advisory committees shall sit as nonvoting members of the planning board when such issues are being considered and lend their talents, energies, and expertise to the planning board. However, all formal recommendations to the council shall be made by the planning board.

(c)

Nothing in this section shall prevent the council from establishing independent advisory groups, committees, or commissions to make recommendations on any issue directly to the council.

(Ord. No. 813, § 1, 6-3-85; Ord. No. 2021.06.02 , 6-9-21)

(a)

There shall be a board of adjustment consisting of five regular members. Five alternates shall also be appointed. Eight members, appointed by the council, shall reside within the city, one within each of the city's eight precincts. One member, appointed by the mayor, shall reside within the city's planning jurisdiction. One member, appointed by the Robeson County Board of Commissioners, shall reside within the city's extraterritorial planning area. If the Robeson County Board of Commissioners fails to make these appointments within 90 days after receiving a resolution from the council requesting that they be made, the council may make them.

(b)

Regular board of adjustment members, as well as alternates, shall be appointed for three-year staggered terms, but both members and alternates may continue to serve until their successors have been appointed. Initially, persons residing within precincts one, two, and three as well as one extraterritorial area resident shall be appointed for three-year terms, persons residing in precincts four, five, and six shall be appointed for two-year terms, and persons residing in precincts seven and eight shall be appointed for one-year terms. Vacancies may be filled for the unexpired terms only.

(c)

Members may be reappointed to successive terms without limitation.

(d)

Regular board of adjustment members may be removed by the council at any time for failure to attend three consecutive meetings or for failure to attend 30 percent or more of the meetings within any 12-month period or for any other good cause related to performance of duties. Alternate members may be removed for repeated failure to attend or participate in meetings when requested to do so in accordance with regularly established procedures. Upon request of the member proposed for removal, the council shall hold a hearing on the removal before it becomes effective.

(e)

If a regular board of adjustment member appointed from a precinct moves out of his or her precinct, that shall constitute a resignation from the board, effective upon the date a replacement from that precinct is appointed by the council.

(f)

Extraterritorial planning area members may vote on all matters before the board of adjustment to the same extent as other regular members.

(g)

Alternates may sit in lieu of any regular member and shall, when so seated, have the same powers and duties as any regular member.

(Ord. No. 813, § 1, 6-3-85; Ord. No. 1729, 5-24-99; Ord. No. 2012.06.01(2), 6-11-12; Ord. No. 2013.11.02, 11-18-13; Ord. No. 2021.06.02 , 6-9-21)

(a)

The board of adjustment shall establish a regular meeting schedule and shall meet frequently enough so that it can take action in conformity with section 35-67 (Applications to be processed expeditiously).

(b)

The board shall conduct its meetings in accordance with the quasi-judicial procedures set forth in articles IV, V, and VI.

(c)

All meetings shall be open to the public, and whenever feasible, the agenda for each board meeting shall be made available in advance of the meeting.

(Ord. No. 813, § 1, 6-3-85; Ord. No. 2021.06.02 , 6-9-21)

(a)

A quorum for the board of adjustment shall consist of the number of members equal to four-fifths of the regular board membership (excluding vacant seats). A quorum is necessary for the board to take official action.

(b)

A member who has withdrawn from the meeting without being excused as provided in section 35-32 shall be counted as present for purposes of determining whether a quorum is present.

(Ord. No. 813, § 1, 6-3-85; Ord. No. 2021.06.02 , 6-9-21)

(a)

The concurring vote of four-fifths of the regular board membership (excluding vacant seats) shall be necessary to reverse any order, requirement, decision, or determination of the administrator or to decide in favor of the applicant any matter upon which it is required to pass under any ordinance (including the issuance of a special use permit) or to grant any variance. All other actions of the board shall be taken by majority vote, a quorum being present.

(b)

Once a member is physically present at a board meeting, any subsequent failure to vote shall be recorded as an affirmative vote unless the member has been excused in accordance with subsection (c) or has been allowed to withdraw from the meeting in accordance with subsection (d).

(c)

A member may be excused from voting on a particular issue by majority vote of the remaining members present under the following circumstances:

(1)

If the member has a direct financial interest in the outcome of the matter at issue; or

(2)

If the matter at issue involves the member's own official conduct; or

(3)

If participation in the matter might violate the letter or spirit of a member's code of professional responsibility; or

(4)

If a member has such close personal ties to the applicant that the member cannot reasonably be expected to exercise sound judgment in the public interest.

(d)

A member may be allowed to withdraw from the entire remainder of a meeting by majority vote of the remaining members present for any good and sufficient reason other than the member's desire to avoid voting on matters to be considered at that meeting.

(e)

A roll call vote shall be taken upon the request of any member.

(Ord. No. 813, § 1, 6-3-85; Ord. No. 2013.11.02, 11-18-13; Ord. No. 2021.06.02 , 6-9-21)

(a)

At its first regular meeting in September, the board of adjustment shall, by majority vote of its membership (excluding vacant seats) elect one of its members to serve as chairman and preside over the board's meetings and one member to serve as vice-chairman. The persons so designated shall serve in these capacities for terms of one year. Vacancies may be filled for the unexpired terms only by majority vote of the board membership (excluding vacant seats).

(b)

The chairman or any member temporarily acting as chairman may administer oaths to witnesses coming before the board.

(c)

The chairman and vice-chairman may take part in all deliberations and vote on all issues.

(Ord. No. 813, § 1, 6-3-85; Ord. No. 2013.11.02, 11-18-13; Ord. No. 2021.06.02 , 6-9-21)

(a)

The board of adjustment shall hear and decide:

(1)

Appeals from any order, decision, requirement, or interpretation made by the administrator, as provided in section 35-91.

(2)

Applications for variances, as provided in section 35-92.

(3)

Questions involving interpretations of the zoning map, including disputed district boundary lines and lot lines, as provided in section 35-93.

(4)

Any other matter the board is required to act upon by any other city ordinance.

(b)

The board may develop rules and regulations governing its procedures and operations not inconsistent with the provisions of this chapter. These rules and regulations shall be subject to review and approval by the council and, upon approval, shall become effective for the board.

(Ord. No. 813, § 1, 6-3-85; Ord. No. 2013.11.02, 11-18-13; Ord. No. 2013.11.02, 6-11-13; Ord. No. 2021.06.02 , 6-9-21)

Editor's note— Ord. No. 2021.06.02 , adopted June 9, 2021, repealed § 35-35, which pertained to subpoenas and derived from Ord. No. 2013.11.02, adopted Nov. 18, 2013.

Except as otherwise specifically provided, primary responsibility for administering and enforcing this chapter may be assigned to one or more individuals by the city manager. The person or persons to whom these functions are assigned shall be referred to in this chapter as the "land use administrator" or "administrator." The term "staff" or "planning staff" is sometimes used interchangeably with the term "administrator."

(Ord. No. 813, § 1, 6-3-85; Ord. No. 2013.11.02, 11-18-13; Ord. No. 2021.06.02 , 6-9-21)

The planing and inspection director is the administrative head of the planning and neighborhood services department. As provided in section 35-78, the planning and neighborhood services director is authorized to approve minor subdivision plats. The planning and inspection director shall keep a record of variances to the local water supply watershed protection ordinances. This record shall be submitted to the supervisor of the classification and standards group, water quality section, division of environmental management on or before January 1 of the following year and shall provide a description of each project receiving a variance and the reasons for granting the variance.

(Ord. No. 2021.06.02 , 6-9-21)

Editor's note— Ord. No. 2021.06.02 , adopted June 9, 2021, amended § 35-38 in its entirety to read as herein set out. Former § 35-38, pertained to planning and inspections director, and derived from Ord. No. 813, § 1, adopted June 3, 1985; Ord. No. 1715, Feb. 22, 1999.

(a)

The city council, in considering special use permit applications, acts in a quasi-judicial capacity and, accordingly, is required to observe the procedural requirements set forth in articles IV and VI of this chapter.

(b)

In considering the proposed changes in the text of this chapter or in the zoning map, the council acts in its legislative capacity and must proceed in accordance with the requirements of article XX.

(c)

Unless otherwise specifically provided in this chapter, in acting upon special use permit requests or in considering amendments to this chapter or the zoning map, the council shall follow the regular, voting, and other requirements as set forth in other provisions of the City Code, the City Charter, or general law.

(Ord. No. 813, § 1, 6-3-85; Ord. No. 2021.06.02 , 6-9-21)