14.1.1 APPOINTMENT AND TERMS OF PLANNING BOARD MEMBERS

A.

There shall be a Planning Board consisting of 10 members. 8 members shall be appointed by the Tarboro Town Council with one member from each of the 8 wards of the Town and one member shall be appointed by the mayor at-large from all citizens of the Town. All nine members shall be residents of the Town. One member, appointed by the County Board of Commissions, shall reside within the Town's extraterritorial planning area. If, despite all good faith efforts, a resident of the extraterritorial planning area cannot be found to fill the seat reserved for residents of such area, then the County Town Council may appoint other residents of the County (including residents of the Town) to fill this seat. If the County Town Council fails to make this appointment within 90 days after receiving a resolution from the Tarboro Town Council requesting that it be made, the Tarboro Town Council may fill this seat.

B.

Planning Board members and alternates shall be appointed for four- year staggered terms, but members and alternates may continue to serve until their successors have been appointed. Vacancies may be filled by appointment of the respective appointing authority for unexpired terms only.

C.

Planning Board members may be appointed to successive terms without limitation.

D.

Planning Board members may be removed by the Town Council at any time for failure to attend three consecutive meetings, failure to attend thirty percent or more of the meetings within any 12-month period, or for any other good cause related to performance of duties.

E.

If an in-town member moves outside the ward (or the Town in the case if the at-large member), or if an extraterritorial area member moves outside of the planning jurisdiction, that shall constitute a resignation from the Planning Board effective upon the date a replacement is appointed.

F.

An alternate member may sit in-lieu of any regular member. When so seated, alternates shall have the same powers and duties as the regular member they replace.

14.1.2 MEETINGS OF THE PLANNING BOARD

A.

The Planning Board shall establish a regular meeting schedule and shall meet according to the established schedule unless there are no applications or other business for the Board to consider.

B.

Since the Planning Board has only advisory authority, it need not conduct its meetings strictly in accordance with the quasi-judicial procedures set forth in Chapter 15 of this Ordinance. However, all meetings shall be conducted so as to obtain necessary information and to promote the full and free exchange of ideas.

C.

Written minutes shall be kept of all Planning Board proceedings.

D.

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

E.

Whenever the Planning Board is called upon to make recommendations concerning a conditional use permit request, special use permit request, or zoning amendment proposal, the Administrator shall post on or near the 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 Planning Board's agenda at a specified time and date. The Administrator shall also send written notice to adjoining property owners in accordance with Chapter 15 of this Ordinance.

14.1.3 QUORUM AND VOTING

A.

A quorum of the Planning Board shall consist of a majority of the board membership, excluding vacant seats. A quorum is necessary for the Planning Board to take official actions.

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.

The extraterritorial planning area member may vote on all matters considered by the Board regardless of whether the property lines within the Town limits or extraterritorial jurisdiction.

14.1.4 PLANNING BOARD OFFICERS

A.

At its first regular meeting in December 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 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 shall preside over all meetings of the board and shall decide all points of order and procedure, subject to the board's bylaws and rules of procedure. The Chairman shall appoint any committees found necessary to investigate any matters before the board. The Chairman may call special meetings of the Board in accordance with the Board's bylaws.

C.

The Vice Chairman shall serve as acting Chairman in the absence or disqualification of the Chairman, and at such times, shall have the same power and duties as the Chairman.

D.

A secretary shall be elected by the board, either from within or from outside its membership, to hold office for a one-year term or until a successor secretary shall have been elected. The secretary, subject to the direction of the Chairman and the board, shall keep all records, shall conduct all correspondence of the board, and shall generally supervise the clerical work of the board. The secretary shall keep the minutes of every meeting of the board and perform other duties in accordance with the board's bylaws.

E.

An assistant secretary may be elected by the board either from within or from outside of the board's membership. The assistant secretary shall assist the secretary and shall perform the duties of the secretary in the absence or inability of the secretary to do so.

F.

All officers who are elected from within the membership of the board may take part in all deliberations and may vote on all issues. Officers elected from outside the board membership may not take part in deliberations nor vote.

14.1.5 POWERS AND DUTIES OF THE PLANNING BOARD

A.

The Planning Board may:

1.

Make studies and recommend to the Town Council plans, goals, and objective relating to the growth, development, and redevelopment of the Town.

2.

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

3.

Make recommendations to the Town Council concerning proposed conditional use permits and zoning map changes.

4.

Perform any other duties assigned by the Town Council.

B.

The Planning Board may adopt rules and regulations governing its procedures and operations not inconsistent with the provisions of this Ordinance.

14.1.6 ADVISORY COMMITTEES

A.

The Planning Board may seek the establishment of an unofficial advisory council and may cooperate with the Town Council to the end that its investigations and plans may receive fullest considerations. The Planning Board shall not delegate to an advisory committee any of its official prerogatives.

B.

The Planning Board may set up special committees to assist in in the study of specific questions and problems.

C.

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

14.2.1 PLANNING BOARD DESIGNATED TO PERFORM THE DUTIES OF A BOARD OF ADJUSTMENT

A.

A portion of the members of the Planning Board are hereby authorized to perform all of the duties of a Board of Adjustment as provided in this Ordinance. The term Board or Board of Adjustment shall mean a portion of the members Planning Board described below, sitting as the Board of Adjustment.

B.

The membership of the Planning Board shall comprise the Board of Adjustment in the following manner:

1.

On an annual rotation, there shall be four members comprised of Wards 1, 3, 5 and 7 and the At-Large representative. The following year shall be comprised of Wards 2, 4, 6 and 8 and the At-Large representative. Members who are not primary shall serve as Alternate Members, with the extraterritorial jurisdiction representative acting as alternate to the at-large. Members shall serve to represent the whole Town of Tarboro and not represent only the interests of their Ward.

14.2.2 MEETINGS OF THE BOARD OF ADJUSTMENT

A.

The Board of Adjustment shall establish a regular meeting schedule and shall meet according to the established schedule unless there are no applications or other business for the Board to consider.

B.

The Board of Adjustment shall conduct its meetings in accordance with the quasi-judicial procedures set forth in Chapter 15 of this Ordinance.

C.

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

14.2.3 QUORUM

A.

A quorum for the Board of Adjustment shall consist of four members (including alternates sitting in-lieu of regular members). A quorum is necessary for the Board of Adjustment to take official action.

B.

A member who has withdrawn from the meeting without being excused as provided in § 14.2.4 shall be counted as present for purposes of determining whether a quorum is present.

14.2.4 VOTING

A.

The concurring vote of 4 members of the Board of Adjustment shall be necessary to grant a 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 of Adjustment meeting, any subsequent failure to vote shall be recorded as an affirmative vote unless the member has been excused in accordance with § 14.2.4.C, or has been allowed to withdraw in accordance with § 14.2.4.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 direct financial interest in the outcome of the matter at issue; or

2.

If the matter 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 judgement 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 the meeting.

E.

A motion to allow a member to be excused from voting or excused from the remainder of the meeting is in order only if made by or at the initiative of the member directly affected.

F.

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

14.2.5 BOARD OF ADJUSTMENT OFFICERS

A.

The Chairman and Vice Chairman of the planning board, selected as provided in § 14.1.4 of this Ordinance, may also serve as the Chairman and Vice Chairman, respectively, of the Board of Adjustment, unless other officers are elected by the Board of Adjustment.

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 the deliberations and may vote on all issues.

D.

The Town Clerk or other person appointed by the Town Manager shall serve as secretary to the board.

14.2.6 POWERS AND DUTIES OF THE BOARD OF ADJUSTMENT

A.

The Board of Adjustment shall hear and decide:

1.

Appeals from any order, decision, requirement, or interpretation made by the Administrator.

2.

Applications for Special Use Permits as provided in Chapter 15.

3.

Applications for variances as provided in Chapter 15.

4.

Questions involving interpretations of the Zoning Map, including disputed boundary lines and lot lines, as provided in Chapter 15.

5.

Any other matter the Board of Adjustment is required to act upon by any other Town Ordinance.

B.

The Board of Adjustment may adopt rules and regulations governing its procedures and operations not inconsistent with the provisions of this Ordinance.

14.3.1 LAND USE ADMINISTRATOR AND DUTIES

A.

Except as otherwise specifically provided, primary responsibility for administering and enforcing this Ordinance may be assigned to one or more individuals by the Town Manager. The person or person to whom these functions are assigned shall be referred to in this Ordinance as the Administrator.

14.3.2 PLANNING DIRECTOR

The Planning Director is the administrative head of the Planning Department. The Planning Director is authorized to approval minor subdivision plats as outlined in Chapter 15 of this Ordinance.

14.3.3 DEVELOPMENT REVIEW COMMITTEE

A.

There shall be a Development Review Committee consisting of the Town Manager, the Planning Director, the Chairman of the Planning Board, the Director of the Electric Department, the Director of Public Works, the Building Inspector, the Police Chief, the Fire Chief, the Recreation Director, North Carolina Department of Transportation Representative, or designated representatives of any of the above-named members, and any other representatives deemed necessary by the Administrator.

B.

The purpose of the development review committee shall be to approve major subdivision plats, review conditional use permit requests and make recommendations as provided in Chapter 15 of this Ordinance.

C.

The development review committee shall establish a regular meeting schedule, as determined by the town manager, and shall meet frequently enough so that it can take timely action on development applications.

A.

The Town Council, in considering conditional use permit applications, acts in a quasi-judicial capacity and, accordingly, is required to observe the procedural requirements set forth in Chapter 15 of this Ordinance.

B.

In considering proposed changes in the text of this Ordinance or in the zoning map, the Council acts in its legislative capacity and must proceed in accordance with the requirements of Chapter 15.

C.

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

D.

The Town Council, in considering the approval of a site-specific development plan as outlined in Chapter 15, shall follow the procedural requirements set forth in Chapter 15 for the issuance of a conditional use permit.

14.5.1 APPOINTMENT AND TERMS OF HISTORIC DISTRICT COMMISSION

A.

There shall be a historic district commission consisting of seven (7) members. The members shall be appointed by the Town Council for overlapping four-year terms.

B.

Members shall be eligible for reappointment.

C.

A majority of the members shall have demonstrated special interest, experience, or education in history or architecture and all members shall be residents of the Town of Tarboro.

D.

Faithful and prompt attendance at all meetings of the Commission and conscientious performance of the duties required of members shall be a prerequisite to continuing membership on the Commission. Should a member fail to attend three (3) consecutive regular meetings of the Commission, and should there be no adequate excuse for such absences, the chairman, with the concurrence of a majority of the entire Commission, shall recommend to the Town Council that a vacancy be declared and that the vacated position be filled. Vacancies occurring in the Historic District Commission for reasons other than expiration of terms shall be filled by the Town Council to the end of the unexpired term.

14.5.2 MEETINGS OF THE HISTORIC DISTRICT COMMISSION

A.

The Commission shall establish a meeting time and shall meet at least quarterly and more often as it shall determine and require.

B.

Special meetings of the Commission may be called at any time by the Chairman. At least 48 hours' notice of the time and place of special meetings shall be given, by the Secretary or by the Chairman, to each member of the Commission; provided that this requirement may be waived by action of a majority of all the members.

C.

All meetings shall be open to the public.

14.5.3 QUORUM AND VOTING

A.

A quorum for the historic district commission shall consist of 4 members of the Commission membership (excluding vacant seats). A quorum is necessary for the Commission to take official action.

B.

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

C.

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

14.5.4 HISTORIC DISTRICT COMMISSION OFFICERS

A.

At its first regular meeting in March of each year, the Historic District Commission shall, by majority vote of its membership (excluding vacant seats), elect one of its members to serve as Chairman and one member to serve as Vice Chairman. The persons so designated shall serve in these capacities for a term of one year. Vacancies in the office of Chairman and Vice Chairman may be filled for the unexpired terms only by majority vote of the Commission membership.

B.

The Chairman shall preside over all meetings of the Commission and shall decide all points of order and procedure, subject to the Commission's bylaws and rules of procedure.

C.

The Vice Chairman shall serve as acting Chairman in the absence of the Chairman, and at such times, shall have the same powers and duties as the Chairman.

D.

A Secretary shall be elected by the Commission, either from within or from outside its membership, to hold office for a one-year term or until a successor Secretary shall have been elected. The Secretary shall generally supervise the clerical work of the Commission, keep minutes of each meeting, and perform other duties as specified in the Commission's bylaws.

E.

An Assistant Secretary may be elected by the Commission, either from within or from outside its membership. The Assistant Secretary shall assist the Secretary and shall perform the duties of the Secretary in the absence or inability of the Secretary to do so.

F.

All officers who are elected from within the membership of the Commission may take part in all deliberations and may vote on all issues. Officers elected from outside of the Commission membership may not take part in deliberations, nor vote.

14.5.5 POWERS AND DUTIES OF THE HISTORIC DISTRICT COMMISSION

A.

The Historic District Commission shall:

1.

Review applications for Certificates of Appropriateness for constructing, altering, or demolishing buildings or structures within the designated historic district.

2.

Issue Certificates of Appropriateness in accordance with the procedures delineated in Chapter 2 of this Ordinance.

3.

Perform any other duties assigned by the Town Council.

B.

The Commission may request the North Carolina Department of Cultural Resources or the North Carolina Historic Commission to review, comment on, and make recommendations upon all applications for a Certificate of Appropriateness.

C.

The Commission may adopt rules and regulations governing its procedures and operations not inconsistent with the provisions of this ordinance and G.S. §§ 160A-395 through 160-399.

14.5.6 DESIGNATION OF HISTORIC DISTRICT

A.

It is the intent of this section to make provisions within this Ordinance:

1.

To safeguard the heritage of the Town of Tarboro by preserving any area which reflects elements of its cultural, social, economic, political, or architectural history;

2.

To stabilize and improve property values in such areas;

3.

To foster civic beauty;

4.

To strengthen the local economy; and

5.

To promote the use and preservation of such areas for the education, welfare, and pleasure of residents of Tarboro and the state as a whole.

B.

The Town Council may designate from time to time one (1) or more historic districts within the jurisdictional boundaries of the town. No historic district(s) shall be designated until:

1.

The Tarboro Planning Board shall have made an investigation and report on the historic significance of the buildings, structures, features, sites or surroundings included in any such proposed district, and shall have prepared a description of boundaries of such district.

2.

The Tarboro Planning Board shall have requested an analysis and recommendations based on the report required in § 14.5.5 of this Ordinance from the North Carolina Department of Cultural Resources, including the proposed boundaries of the district. If the department shall have not provided the requested analysis and recommendations within 30 days after a written request for such analysis and recommendations have been mailed to it, the Town Council is relieved of any responsibility for securing such analysis and recommendations, and may at any time thereafter take any necessary action to adopt or amend this Ordinance.