3-1.1

A City Planning Board is hereby created under the authority of the G.S. 160D-301.

3-1.2

The Planning Board shall consist of four (4) members, citizens of the City, who shall be appointed by the City Council to serve for staggered terms of three (3) years. Vacancies shall be filled as they occur by the City Council for the period of the unexpired term. Faithful attendance of the meetings of the Board is considered as prerequisite for the maintenance of membership on the Board.

3-1.3

In addition, the Planning Board shall consist of three (3) members, residents of the extraterritorial area (ETJ), who shall be appointed by the Carteret County Board of Commissioners. Vacancies shall be filled as they occur by the Carteret County Board of Commissioners for the period of the unexpired term. Faithful attendance of the meetings of the Board is considered a prerequisite for the maintenance of membership on the Board. If the Carteret County Board of Commissioners fails to make the appointments provided for in this subsection within ninety (90) days after receipt of a resolution from the City Council requesting that such appointments be made, the City Council may thereupon make such appointments. Terms of extraterritorial members shall be allotted in the same manner as City member terms above. The Planning Board members residing in the area of extraterritorial jurisdiction (ETJ) shall have equal rights, privileges, powers, and duties with the other Planning Board members on all matters before the Board except as provided herein.

3-1.4

The chairman shall be a citizen of the City.

3-1.5

Members of the Planning Board may be removed for inefficiency, neglect of duty or misconduct in office by the City Council only after being given a copy of the charges and provided the opportunity to be heard in person or by counsel. A Planning Board member is entitled to at least 10 days after receipt of the notice to prepare for such hearing.

3-1.6

The City Manager shall be an ex officio member of the Planning Board with no voting powers.

3-1.7

Terms shall be limited to three (3) full consecutive three-year appointments. A Planning Board member who has served the maximum time allowed may only be considered for reappointment after remaining off the Planning Board for not less than three (3) calendar years.

3-1.8

Oath of Office. All members appointed to the Planning Board under this Article shall, before entering their duties, qualify by taking an oath of office as required by N.C.G.S. § 160A-61.

3-1.9

Quasi-Judicial Decisions. The Planning Board shall follow the procedures set forth in this Ordinance if making a decision or determination for which a quasi-judicial hearing is required.

3-1.10

The City Council may establish reasonable procedures to solicit, review and make appointments to the Planning Board.

3-1.11

The City Council shall from time to time review Sections 3-1.2 and 3-1.3 to confirm the existence of proportional representation based on population for residents of the City's extraterritorial jurisdiction, pursuant to Chapter 160D-307(a).

(Ord. No. 2025-O-04, 1-14-2025)

Within thirty (30) days after appointment, the Planning Board shall meet and elect a chairman and create and fill such offices as it may determine. It shall keep a record of its members' attendance and minutes of its resolutions, discussions, findings and recommendations, which record and minutes shall be a public record. The Board shall schedule at least one (1) meeting monthly pursuant to a schedule adopted pursuant to law and may hold special or emergency meetings in accordance with Chapter 143 of the North Carolina General Statutes. All of its meetings shall be open to the public. The minutes and records of each meeting, regardless of type of meeting, shall be submitted to the City Council for its information. Rules of procedure that are consistent with the provisions of Chapter 160D may be adopted by the City Council for the Planning Board. In the absence of action by the City Council, the Planning Board is authorized to adopt its own rules of procedure that are consistent with the provisions of Chapter 160D. A copy of any adopted rules of procedure shall be maintained by the Clerk to the City Council and shall be posted on the City's website.

(Ord. No. 2025-O-04, 1-14-2025)

The expenditures of the Planning Board, exclusive of gifts or grants, shall be within the amounts appropriated for the purpose by the City Council. No indebtedness for which the City shall be liable shall be contracted or incurred by the Planning Board unless an appropriation is made by the City Council for such purpose, as authorized by law, and then only to the extent of such appropriation. The Planning Board shall have the right to accept gifts and donations for the exercise of its functions and may expend the money received for such gifts and donations in a manner which in the judgment of the Planning Board is consistent with the best interests of the planning program.

(Ord. No. 2025-O-04, 1-14-2025)

3-4.1

Studies. The Planning Board shall make careful studies of present conditions and the probable future development of the City and its environs. Such studies may include, but shall not be limited to, land use surveys; population studies; economic base studies; school, park and recreation studies; traffic and parking studies; and urban renewal studies.

3-4.2

Plans. Pursuant to 160D-501, the Planning Board shall formulate and maintain, and the City Council shall approve, a comprehensive plan of the City and its environs for the purpose of achieving a coordinated, adjusted and harmonious development of the City which would promote, in accordance with present and future needs, the safety, morals, order, convenience, prosperity and general welfare of its citizens; efficiency and economy in the process of development; convenience of traffic; safety from fire and other dangers; adequate light and air; healthful and convenient distribution of population; provision of adequate open spaces; good civic design and arrangement; wise and efficient expenditures of public funds; adequate provision for public utilities; and for other matters pertaining to the public requirements. The comprehensive plan shall consist of a number of parts which may include, but not be limited to, a land use plan, a major thoroughfare plan, a utilities plan, a plan for economic development, a recreation plan, a school plan, and a community facilities plan. In addition, the Planning Board may consider the factors set forth in 160D-501 in formulating the comprehensive plan.

The comprehensive plan shall be considered by the Planning Board and the City Council when considering proposed amendments to this Ordinance. Any future amendment of the comprehensive plan shall follow the procedures for consideration and approval of a text amendment as set forth in this Ordinance.

3-4.3

Cooperation with other commissions, recommendations. The Planning Board shall cooperate with the redevelopment commission, if and when such commission is established, and shall review all redevelopment plans and proposals and make recommendations to the City Council.

3-4.4

Amendment of unified development ordinance. The Planning Board shall revise, if it deems necessary, the existing unified development ordinance to govern the use of buildings and premises. Such revisions, if made, shall be submitted to the City Council for its consideration and possible adoption. If the Planning Board deems necessary, it may prepare a totally new and different unified development ordinance, which shall be submitted to the City Council for its consideration and possible adoption. The unified development ordinance shall not be changed, altered, or amended until such change, alteration, or amendment has been submitted to the Planning Board for its recommendation. Failure of the Planning Board to act within thirty (30) days after submission shall constitute approval of the proposed change, alteration, or amendment.

3-4.5

Preparation of subdivision regulations. The Planning Board shall prepare subdivision regulations governing the subdivision of land within the City and its environs to be submitted to the City Council for its consideration and possible adoption.

3-4.6

Annual report. The Planning Board shall, in January of each year, submit in writing to the City Council a written report of its activities, an analysis of the expenditures to date for the current fiscal year, and a proposed planning program for the next fiscal year.

3-4.7

Chapter 160D Powers. The Planning Board shall have all powers given to planning boards generally by Chapter 160D.

(Ord. No. 2025-O-04, 1-14-2025)

3-5.1

The Board of Adjustment is hereby created and shall consist of five (5) members. Terms shall be limited to three (3) full consecutive three-year appointments. In appointing the members or in the filling of vacancies caused by the expiration of the terms of existing members, the City Council may appoint certain members for less than three (3) years so that the terms of all members shall not expire at the same time. A Board of Adjustment member who has served the maximum time allowed may only be considered for reappointment after remaining off the Board of Adjustment for not less than three (3) calendar years. Three (3) members and not more than two (2) alternates shall reside within the City limits and shall be appointed by the City Council for overlapping terms of three (3) years. The two (2) other members and not more than two (2) alternates of the Board of Adjustment shall reside in the extraterritorial area of the City and shall be appointed by the Carteret County Board of Commissioners for overlapping terms of three (3) years. Alternates shall serve in the absence of regular members. Except as provided herein, such members shall have equal rights, privileges, and duties with the other members of the Board of Adjustment in all matters pertaining to the regulation of the City and its extraterritorial area. In the event the Carteret County Board of Commissioners fails to make the appointments provided for in this section within ninety (90) days after receipt of a resolution from the City Council requesting that such appointments be made, the City Council may thereupon make such appointments. The members of the Board of Adjustment shall elect a chairperson from among those members residing within the City limits.

3-5.2

Oath of Office. All members appointed to the Board of Adjustment under this Article shall, before entering their duties, qualify by taking an oath of office as required by N.C.G.S. § 160A-61.

3-5.3

Quasi-Judicial Decisions. The Board of Adjustment shall follow the procedures set forth in this Ordinance if making a decision or determination for which a quasi-judicial hearing is required.

3-5.4

The City Council may establish reasonable procedures to solicit, review and make appointments to the Board of Adjustment.

3-5.5

The City Council shall from time to time review Section 3-5.1 to confirm the existence of proportional representation based on population for residents of the City's extraterritorial jurisdiction, pursuant to Chapter 160D-307(a).

3-5.6

Rules of procedure that are consistent with the provisions of Chapter 160D may be adopted by the City Council for the Board of Adjustment. In the absence of action by the City Council, the Board of Adjustment is authorized to adopt its own rules of procedure that are consistent with the provisions of Chapter 160D. A copy of any adopted rules of procedure shall be maintained by the Clerk to the City Council and shall be posted on the City's website.

(Ord. No. 2025-O-04, 1-14-2025)

The Board of Adjustment shall meet periodically pursuant to a schedule adopted pursuant to law and may hold special or emergency meetings in accordance with Chapter 143 of the North Carolina General Statutes. The concurring vote of four-fifths (⅘) of the Board's membership shall be necessary to grant a variance. A majority of the members of the Board shall be required to decide any other quasi-judicial matter or to determine an appeal made in the nature of certiorari. Vacant positions on the Board and members who are disqualified from voting on a quasi-judicial matter shall not be considered members of the Board for calculation of the requisite majority if there are no qualified alternates available to take the place of such members.

The Board of Adjustment shall have the following powers and duties:

3-7.1

Appeals. The Board of Adjustment shall hear and decide appeals of decisions of administrative officials charged with enforcement of this Ordinance and may hear appeals arising out of any other ordinance that regulates land use or development.

3-7.2

Special uses. To hear and decide only such special uses as the Board of Adjustment is specifically authorized to pass on by the terms of this Ordinance. The Board shall not grant a special use permit unless and until the stipulations and requirements as outlined in Subsections 4-8.1 and 4-8.2 are met.

3-7.3

Variances. When unnecessary hardships would result from carrying out the strict letter of this Ordinance, the Board of Adjustment shall vary any of the provisions of this Ordinance in accordance with Subsection 5-3.2.

3-7.4

Reserved.

3-7.5

Chapter 160D Powers. The Board of Adjustment shall have all powers given to boards of adjustment generally by Chapter 160D.

3-8.1

Creation, number and qualification, vacancies and terms. There is created an Appearance Commission, which shall consist of nine (9) members, all of whom shall be citizens and residents of the City's area of planning and zoning jurisdiction. Members shall be appointed by the City Council for staggered terms of three (3) years. Vacancies occurring for reasons other than the expiration of terms shall be filled as they occur for the period of the unexpired term. No member shall serve more than two (2) consecutive terms.

3-8.2

Appointments. In making appointments to the Commission, the City Council shall seek to appoint persons who possess qualities of impartiality, maturity, and broad judgment, and in whom the community at large may be expected to have confidence. Appointments shall be made in such a way as to maintain on the Commission at all times not less than five (5) members who have had special training or experience in a design field, if possible.

3-8.3

Reappointment, performance. Members may be immediately reappointed to the Commission upon the expiration of legal terms, and they may be removed from the Commission by the City Council for due cause. Faithful attendance at the meetings of the Commission and conscientious performance of the duties of members shall be considered a prerequisite for continued membership on the Commission.

3-8.4

Compensation. Members of the Commission shall serve without pay, but may be reimbursed for actual expenses incidental to the performance of their duties.

3-8.5

Organization, etc. Within thirty (30) days after its appointment the Commission on shall meet and elect a chairman. It shall create and fill such offices as it may determine. The term of the chairman and other officers shall be one (1) year with eligibility for re-election. The Commission shall keep a record of its members' attendance and of its resolutions, discussions, findings, and recommendations, which shall be open to the public. The Commission shall hold at least one (1) meeting monthly, pursuant to a schedule adopted pursuant to law and may hold special or emergency meetings in accordance with Chapter 143 of the North Carolina General Statutes and all of its meetings shall be open to the public. For the purpose of taking any official action authorized or required, there shall be present a quorum of five (5) members. A copy of the minutes of each meeting shall be filed with the City Manager, the City Council, and the Planning Board.

3-8.6

Oath of Office. All members appointed to the Commission under this Ordinance shall, before entering their duties, qualify by taking an oath of office as required by N.C.G.S. § 160A-61.

3-8.7

Quasi-Judicial Decisions. The Commission shall follow the procedures set forth in this Ordinance if making a decision or determination for which a quasi-judicial hearing is required.

3-8.8

The City Council may establish reasonable procedures to solicit, review and make appointments to the Commission.

3-8.9

The City Council shall from time to time review Section 3-8.1 to confirm the existence of proportional representation based on population for residents of the City's extraterritorial jurisdiction, pursuant to Chapter 160D-307(a).

3-8.10

Rules of procedure that are consistent with the provisions of Chapter 160D may be adopted by the City Council for the Commission. In the absence of action by the City Council, the Commission is authorized to adopt its own rules of procedure that are consistent with the provisions of Chapter 160D. A copy of any adopted rules of procedure shall be maintained by the Clerk to the City Council and shall be posted on the City's website.

(Ord. No. 2025-O-04, 1-14-2025)

The Commission shall have the powers and duties specified in G.S. 160D-960.

Except as otherwise specifically provided, the City Manager shall have primary responsibility for administering and enforcing this Ordinance. Such responsibility may be assigned by the City Manager to one (1) or more individuals. The person or persons to whom these functions are assigned shall be referred to in this Ordinance as the "Land Use Administrator" or "Administrator."

The Planning Director is the administrative head of the planning department. As provided in Section 4-27, the Planning Director is authorized to approve minor subdivision final plats.

3-12.1

Reserved.

3-12.2

In considering proposed changes in the text of this Ordinance or in the Zoning Map, including conditional zoning amendments, the City Council acts in its legislative capacity and must proceed in accordance with the requirements of Article 24.

3-12.3

Unless otherwise specifically provided in this Ordinance, in considering amendments to this Ordinance or the Zoning Map, the City Council shall follow the regular voting and other requirements as set forth in other provisions of the City Code.

(Ord. No. 2025-O-04, 1-14-2025)