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

The director of planning and inspections is the administrative head of the planning and inspections department. As provided in section 15-78, the director of planning and inspections is authorized to approve minor subdivision final plats.

(a)

There shall be a planning and zoning board consisting of eight members. Seven members, appointed by the board of aldermen, shall reside within the city. One member, appointed by the county board of commissioners, shall reside within the city's extraterritorial planning area. If the county board of commissioners fails to make the appointment within 90 days after receiving a resolution from the board of aldermen requesting that they be made, the board of aldermen may make the appointment. Members may be removed by the board of aldermen at any time for failure to attend three consecutive meetings without excuse, or for failure to attend thirty percent (30%) or more of the meetings within any 12-month period or, after a hearing, for other good cause related to performance of duties. All members shall have demonstrated special interest, experience, or education in banking, economics, environmental and land use policy, housing, or industry.

(b)

Planning and zoning board members shall be appointed for three-year staggered terms, but members may continue to serve until their successors have been appointed. Initially, seats 2 and 3 shall serve a term that expires on June 30, 2021, seats 5, 7 and 8 shall serve a term that expires on June 30, 2022, and seats 1, 4 and 6 shall serve a term that expires on June 30, 2022. Vacancies shall be filled for the unexpired terms only.

(c)

Membership appointments shall be limited to two successive terms. Members appointed to fill a vacancy for an unexpired term that exceeds eighteen (18) months shall be considered as having served one full term.

(d)

All members may participate in and vote on all issues before the board, regardless of whether the issue affects property within the city or within the extraterritorial planning area.

(e)

All members appointed to the planning and zoning board shall, before entering their duties, qualify by taking an oath of office as required by G.S. 160A-61.

(Ord. No. 21-032, § 1, 6-8-21; Ord. No. 22-051, § 5, 12-13-22)

State Law reference— G.S. 160D-301 and G.S. 160D-307.

(a)

The planning and zoning board shall elect one of its members to serve as chair who shall preside over the board's meetings and one member to serve as vice-chair. Both the chair and vice-chair shall be residents of the city. The persons so elected shall serve a term of one year or until their terms expire, whichever comes first. The chair may succeed himself or herself.

(b)

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

(c)

The zoning administrator, or his or her designee, shall serve as the clerk to the planning and zoning board. The clerk shall not have voting privileges.

(Ord. No. 21-032, § 1, 6-8-21)

(a)

The planning and zoning board shall establish a regular meeting schedule and shall meet frequently enough so that it can take action in conformity with section 15-65 (applications to be processed expeditiously).

(b)

Since the planning and zoning board has only advisory authority, it need not conduct its meetings strictly in accordance with the quasijudicial 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 planning and zoning board meetings.

(d)

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

(e)

Rules of procedure that are consistent with the provisions of G.S. ch. 160D may be adopted by the board of aldermen for the planning and zoning board. In the absence of action by the board of aldermen, the planning and zoning board is authorized to adopt its own rules of procedure that are consistent with the provisions of G.S. ch. 160D. A copy of any adopted rules of procedure shall be maintained by the city clerk and shall be posted on the city's website.

(Ord. No. 21-032, § 1, 6-8-21; Ord. No. 22-051, § 6, 12-13-22)

(a)

A quorum for the planning and zoning board shall consist of five members who shall be residents of the city. A quorum is necessary for the planning and zoning board to take official action.

(b)

All actions of the planning and zoning 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.

(Ord. No. 21-032, § 1, 6-8-21)

(a)

The planning and zoning board shall have the following powers and duties:

(1)

To prepare, review, maintain, monitor, and periodically update and recommend to the board of aldermen a comprehensive plan, and such other plans as deemed appropriate, and conduct ongoing related research, data collection, mapping, and analysis.

(2)

To facilitate and coordinate citizen engagement and participation in the planning process.

(3)

To develop and recommend policies, ordinances, development regulations, administrative procedures, and other means for carrying out plans in a coordinated an efficient manner.

(4)

To advise the board of aldermen concerning the 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)

To exercise any functions in the administration and enforcement of various means for carrying out plans that the governing board may direct.

(6)

To perform any other related duties that the board of aldermen may direct.

(b)

The planning and zoning board may adopt rules and regulations governing its procedures and operations not inconsistent with the provisions of this ordinance.

(c)

The planning and zoning board shall approve final plats according to the procedure set out in section 15-79.

(Ord. No. 21-032, § 1, 6-8-21)

State Law reference— G.S. 160D-301

(a)

From time to time, the board of aldermen may appoint one or more individuals to assist the planning and zoning board in carrying out its responsibilities with respect to a particular subject area. By way of illustration, without limitation, the board of aldermen may appoint advisory committees to consider the thoroughfare plan, revitalization plans, housing plans, economic development plans.

(b)

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

(c)

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

(Ord. No. 21-032, § 1, 6-8-21)

(a)

There shall be a board of adjustment consisting of seven (7) regular members and two (2) alternate members. Six (6) regular members, appointed by the board of aldermen, shall reside within the city. One (1) regular member, appointed by the county board of commissioners, shall reside within the city's extraterritorial planning area. If the county board of commissioners fails to make an appointment within ninety (90) days after receiving a notification from the city requesting that an appointment be made, the board of aldermen may make the appointment. Upon expansion or reduction of the city's extraterritorial planning area, the board of aldermen shall review the impact of such change on the extraterritorial membership of the board of adjustment and, if necessary, make appropriate adjustments in the number of extraterritorial members. Members may be removed by the appointing authority at any time for failure to attend three consecutive meetings without excuse or for missing more than 30 percent of the meetings within any 12-month period, or for other good cause related to performance of duties. Because the board of adjustment is a "quasi-judicial" administrative body that operates between the enforcement officers and the courts, members shall have the ability to read and understand complex land ownership and development issues. Members should have backgrounds related to land ownership and development issues (i.e., law, real estate, banking, building, environmental groups, governmental agencies, community organizations, etc.).

(b)

Board of adjustment members shall be appointed for three-year staggered terms, but members may continue to serve until their successors have been appointed. Initially, three regular members and one alternate member shall be appointed for one-year terms. Three regular members and one alternative member shall be appointed for two-year terms, and four regular members and one alternate member shall be appointed for three-year terms. Vacancies may be filled for the unexpired terms only.

(c)

Membership appointments shall be limited to two successive terms for regular members and two successive terms for alternate members.

(d)

All regular members may participate in and vote on all issues before the board. Alternate members shall only serve in the absence of regular members, and shall have all the powers and duties of a regular member.

(e)

All members appointed to the board of adjustment shall, before entering their duties, qualify by taking an oath of office as required by G.S. 160A-61.

(f)

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.

(Ord. No. 2014-262, § 1, 7-8-14; Ord. No. 19-036, § 1, 10-22-19; Ord. No. 22-051, § 7, 12-13-22)

(a)

The board of adjustment shall hear and decide:

(1)

Appeals from any order, decision, requirement, or interpretation made by the zoning administrator, as provided in section 15-91;

(2)

Appeals from any order of the building inspector;

(3)

Appeals from any decision granting or denying any certificate of appropriateness made by the historic preservation commission, as provided in section 15-428(k);

(4)

Applications for special use permits, as provided in section 15-46;

(5)

Applications for variances, as provided in section 15-92;

(6)

Questions involving interpretations of the zoning map, including disputed district boundary lines and lot lines, as provided in section 15-93; and

(7)

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

(b)

The board of adjustment may adopt rules and regulations governing its procedures and operations not inconsistent with the provisions of this ordinance.

(Ord. No. 2014-262, § 1, 7-8-14)

(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 15-65.

(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 of the board of adjustment shall be open to the public, and the agenda for each board meeting shall be made available in advance of the meeting.

(d)

Rules of procedure that are consistent with the provisions of G.S. ch. 160D may be adopted by the board of aldermen for the board of adjustment. In the absence of action by the board of aldermen, the board of adjustment is authorized to adopt its own rules of procedure that are consistent with the provisions of G.S. ch. 160D. A copy of any adopted rules of procedure shall be maintained by the city clerk and shall be posted on the city's website.

(Ord. No. 2014-262, § 1, 7-8-14; Ord. No. 22-051, § 8, 12-13-22)

A quorum for the board of adjustment shall consist of five members. A quorum is necessary for the board to take official action."

(Ord. No. 19-036, § 2, 10-22-19)

Editor's note— Ord. No. 19-036, § 2, adopted Oct. 22, 2019, repealed the former § 15-34, and enacted a new § 15-34 as set out herein. The former § 15-34 pertained to similar subject matter and derived from Ord. No. 2014-262, § 1, adopted Jul. 8, 2014.

(a)

The board of adjustment shall elect one of its members to serve as chair who shall preside over the board's meetings and one member to serve as vice-chair. The persons so elected shall serve a term of one year or until their terms expire, whichever comes first. The chairman may succeed himself or herself.

(b)

The chair, vice chair, any member temporarily acting as chair, or the clerk to the board may administer oaths to witnesses coming before the board of adjustment. Any person who, while under oath during a proceeding before the board of adjustment, willfully swears falsely is guilty of a class 1 misdemeanor.

(c)

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

(d)

The zoning administrator, or his designee, shall serve as the clerk to the board of adjustment. The clerk shall not have voting privileges.

(Ord. No. 2014-262, § 1, 7-8-14)

(a)

The concurring vote of four-fifths of the members of the board of adjustment shall be necessary to grant a variance.

(b)

A majority of the members shall be required to decide any other quasi-judicial matter, or to determine an appeal made in the nature of certiorari. For the purposes of this subsection, 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.

(c)

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(d),

(d)

Reserved.

(e)

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

(Ord. No. 2014-262, § 1, 7-8-14; Ord. No. 22-051, § 9, 12-13-22)

(a)

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

(b)

Unless otherwise specifically provided in this ordinance, in considering amendments to this ordinance or the official zoning map, the board of aldermen shall follow the regular voting procedures and other requirements as set forth in other provisions of the city code, the city charter, or general law.

(Ord. No. 16-047, § 14, 9-13-16; Ord. No. 22-051, § 10, 12-13-22)

The following shall be considered the official minimum requirements for notification of public meetings for all city public bodies. As used in this section, "public body" means any elected or appointed board commission or committee that exercises or is authorized to exercise a legislative, policy-making, quasi-judicial, administrative, or advisory function created by the board of aldermen or this Code, and shall specifically include the board of aldermen.

(a)

Public notice of official meetings. Each public body shall prepare and approve, by formal motion, a schedule of all regular meetings for the upcoming year showing the date, time and place of each regular meeting. The regular meeting schedules shall be distributed no later than seven calendar days prior to the first meeting of each year by electronic mail, regular U.S. mail, or by hand-delivery to members of each respective board, the city clerk, the clerk or secretary of each public body, and any party who has made a written request for such schedules. If a public body changes its schedule of regular meetings, it shall cause the revised schedule to be distributed as provided herein at least seven days before the day of the first meeting held pursuant to the revised schedule. Additionally, no later than seven calendar days prior to the first meeting of each year, a copy of each schedule shall be posted and maintained in a conspicuous place at the office of the administrator also for each public body, and in a conspicuous and appropriate place on the city's website. Failure to adhere to the notice requirements established in this section will result in the postponement of any meeting until the notification requirements are met. Public bodies and their administrators may choose to post additional copies of their annual meeting schedules elsewhere and at any time.

(b)

Continuance of official meetings and public hearings. If a public body recesses a regular, special, or emergency meeting, or a public hearing, held pursuant to public notice given in compliance with section 15-41, and the time and place at which the meeting is to be continued is announced in open session, no further notice shall be required. If a sign is required to be posted on a subject property prior to a public hearing, the sign shall be changed to reflect new hearing date and time consistent with the requirements of subsection (i).

(c)

Public notice of special meetings. Written notice for any meeting of any public body other than a regular meeting or emergency meeting shall (i) state the purpose of the meeting; (ii) be posted on the city's website, and on the principal bulletin board of the public body or, if the public body has no such bulletin board, at the door of its usual meeting room, and (iii) be mailed, e-mailed, or delivered to each newspaper, wire service, radio station, and television station that has filed a written request for notice with the clerk or secretary of the public body or with some other person designated by the public body. The public body shall also cause notice to be mailed, e-mailed, or delivered to any person, in addition to the representatives of the media listed above, who has filed a written request with the clerk, secretary, or other person designated by the public body. This notice required in this section shall be posted and mailed, e-mailed, or delivered at least 48 hours before the time of the meeting. The notice required to be posted on the principal bulletin board or at the door of its usual meeting room shall be posted on the door of the building or on the building in an area accessible to the public if the building containing the principal bulletin board or usual meeting room is closed to the public continuously for 48 hours before the time of the meeting.

(d)

Public notice of emergency meetings. Written notice for any meeting called at an unscheduled time because of generally unexpected circumstances that require immediate consideration by a public body shall be given to each local newspaper, local wire service, local radio station, and local television station that has filed a written request for emergency notice with the clerk or secretary of the public body or with some other person designated by the public body. This notice shall be given either by email, by telephone, or by the same method used to notify the members of the public body, and shall be given immediately after notice has been given to those members. Only business connected with the emergency may be considered at a meeting to which notice is given pursuant to this section (d).

(e)

Information to be provided to public bodies. The members of each public body shall receive an information packet, through a medium of their choosing, for each official meeting at least five calendar days prior to the meeting except in the case of a special called meeting. The information packet shall include a meeting agenda and supporting documentation for each agenda item. For any public hearings to be conducted during an official meeting, the information packet shall also include a copy of applications or cases to be heard, any available supplemental materials, and any staff findings or additional relevant information.

(Ord. No. 22-051, § 11, 12-13-22)