Rutherford College City Zoning Code
PLANNING BOARD
§ 152.280 ESTABLISHMENT OF THE PLANNING BOARD.
(A) A Planning Board is hereby established as provided in G.S. § 106D-301. The Board shall consist of seven members; six members shall be persons living within the boundaries of the town who are appointed by the Town Council. One extraterritorial jurisdiction (ETJ) member shall be appointed and an additional ETJ alternate shall be appointed by the County Commissioners of Burke County as defined in G.S. § 160A-362. The population estimates for this calculation shall be updates no less frequently than after each decennial census (G.S. § 160D-307). Said Board shall be appointed for overlapping terms of three years. The terms of three members plus the ETJ member(s) expire every three years in December, beginning December 2014. The terms of the remaining three members expire every three years in December, beginning December 2015. Any vacancies in the membership shall be filled for the unexpired term in the same manner as the initial appointments. Members shall serve without pay but may be reimbursed for any expenses incurred while representing the Board.
(B) The officers of the Planning Board shall consist of at least a Chair and Vice-Chair. The Chair shall be one of the town members of the Planning Board. The Vice-Chair shall be one of the town members of the Planning Board and shall act for the Chair in his or her absence. All officers shall be elected for a term of two years. No officer may serve in the same office for more than two consecutive terms. Vacancies in offices shall be filled immediately for the unexpired term by the regular election procedure detailed in the Planning Board by-laws.
(Ord. passed 11-3-2014; Ord. passed 5-3-2021)
Editor’s note:
G.S. § 150A-362 was repealed by S.L. 2019-111, Sec. 2.3.
§ 152.281 PROCEEDINGS OF THE PLANNING BOARD.
(A) The Board shall adopt rules and by-laws in accordance with the provisions of this chapter and of G.S. § 160D-604. Meetings of the Board shall be held at the call of the Chair, and at such other times as the Board may determine. All meetings of the Board shall be open to the public.
(B) The Planning Board shall keep minutes of its proceedings (G.S. § 160D-308). Additionally, all Planning Board members, before entering their duties, must take an oath of office (G.S. § 160D-309).
(C) Members of the Planning Board shall not vote on advisory or legislative decisions regarding a development regulation where the outcome of the matter being considered is likely to have a direct, substantial, and readily identifiable financial impact on the member. A Planning 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 (G.S. § 160D-109).
(Ord. passed 11-3-2014; Ord. passed 5-3-2021)
§ 152.282 DUTIES.
Duties of the Planning Board include:
(A) Enforcement and/or administration of zoning ordinances, including zoning text amendments and map amendments (rezonings);
(B) To prepare a Comprehensive Plan;
(C) To determine whether specific proposed developments, applications, or ordinance amendments conform to the principles and requirements of the Comprehensive Plan;
(D) To advise Council regarding the sub-disciplines of long-range planning and development; and
(E) To perform any other duties which may be assigned to it.
(Ord. passed 11-3-2014; Ord. passed 5-3-2021)