Montgomery County Unincorporated
City Zoning Code

Pursuant to G.S. 160D-301, there is hereby created a planning agency to be known as the Planning Board.

The Planning Board shall consist of at least five (5) members and may have alternates. Members shall be appointed by the Governing Body and must be residents of Montgomery County.

The Planning Board shall have the following powers and duties pursuant to G.S. 160D 604.

3.1.

To make such other studies and plans and review such other related matters as directed by the Governing Body;

3.2.

To review and make recommendations to the Governing Body on matters in accordance with the terms of this Ordinance including rezoning, conditional zoning, or appeal of a decision; and provide a statement of consistency with the adopted comprehensive land use plan

3.3.

To make recommendations to the Governing Body with regard to matters such as text amendments to this Ordinance; and

3.4.

To exercise other powers and authority provided to it by the Governing Body, this Ordinance, or state law.

3.5.

The Board shall keep minutes of its proceedings, showing the vote, indicating such fact, and also keep records of its examination and any other official action.

The affirmative vote of a simple majority of the Board members present for a hearing in favor of an applicant regarding a rezoning, text amendment, conditional zoning, special use permit, or appeal of a decision shall be forwarded as a recommendation for approval to the Governing Body and be scheduled for a public hearing.

The unanimous affirmative vote of the Board members present for a hearing to deny a rezoning, text amendment, conditional zoning, special use permit, or appeal of a decision of the Zoning Administrator shall constitute a denial of the request, subject to appeal.

Board Members: No member of the Board shall seek to influence a decision, participate in any action, or cast a vote involving any matter that is before the Board where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member. An appointed Board member shall not vote on any zoning amendment if the landowner of the property subject to a rezoning petition or the applicant for a text amendment is a person with whom the member has a close familial, business, or other associational relationship.

5.1.

A member who determines there exists a conflict of interest shall declare the existence of a conflict and shall refrain from any deliberation on the matter.

5.2.

A member who believes there may exist a conflict of interest shall declare his or her possible conflict and ask for a determination by the Board. A majority vote of the Board shall determine whether or not a conflict of interest exists.

5.3.

A challenge of the existence of a conflict of interest or a challenge of an undisclosed conflict of interest may be filed by any interested party with the Board. Such a challenge may be an appeal for a review of the finding of the Board or may be for the purpose of alleging an undeclared conflict of interest. Any challenges made to the Board shall be supported by competent evidence and shall be submitted to a property convened meeting of the Board. The Board shall hear all evidence and shall, by majority vote, make the final determination as to the existence of a conflict of interest.

5.4.

Withdrawal from participation in any matter is necessary only in those specific cases in which a conflict arises. There shall be no attempt to exclude entire categories of considerations because of the business or profession with which a member is associated.

The Chairman of the Planning Board is authorized to administer oaths or affirmations to any witnesses in any quasi-judicial matter coming before the Board.