(A)   The UDO Administrator, to be designated by the Town Manager, is hereby authorized and it shall be his/her duty to enforce the provisions of this Ordinance. This official shall have the right to enter upon the premises during reasonable hours necessary to carry out his/her duties, in accordance with the requirements of subsection 155.1.12.6.(B). It is the intention of this Ordinance that all questions arising in connection with enforcement and interpretation shall be presented first to the UDO Administrator and/or designated agent. Appeal from his/her decision may be made to the Board of Adjustment.

   (B)   In administering the provisions of this Ordinance, the UDO Administrator and/or designated agent shall:

      (1)   Make and maintain records of all applications for development approvals, including permits, special uses, and requests listed herein, and records of all development approvals issued or denied, with notations of all special conditions or modifications involved.

      (2)   File and safely keep copies of all plans submitted, and the same shall form a part of the records of his/her office and shall be available for inspection at reasonable times by any interested party.

      (3)   Transmit to the Planning Board, Board of Aldermen, and/or the Board of Adjustment all applications and plans for which their review and approval is required.

      (4)   Conduct inspections of premises and, upon finding that any of the provisions of this Ordinance are being violated, notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. The UDO Administrator shall order discontinuance of illegal use of land, buildings or structures; removal of illegal buildings or of additions, alterations, or structural changes thereto; discontinuance of any illegal work being done; or shall take any other action authorized by this Ordinance to insure compliance with or to prevent violation of its provisions.

   (C)   In addition, the UDO Administrator shall have the following duties:

      (1)   Prepare a report of the technical review procedure and recommendations for the Planning Board, Board of Adjustment, or Board of Aldermen as may be required.

      (2)   Provide administrative interpretations and determinations of development regulations in the UDO.

         (a)   All determinations shall be given in writing to the owner of the property that is the subject of the determination and to the party who sought the determination.

         (b)   The written notice shall be delivered by personal delivery, electronic mail, or by first-class mail.

      (3)   Provide nonconformity determinations, including expansions of nonconforming uses and structures.

      (4)   Review and approve zoning compliance applications.

      (5)   Review and approve applications for temporary uses, including special events.

      (6)   Review and approve certificates of occupancy.

      (7)   Conduct concept meetings with applicants for development approval as necessary or appropriate.

      (8)   Maintain the official zoning map, in either paper or digital format, former zoning maps, and the public records of the Planning Department, Planning Board, and Board of Adjustment, for public inspection.

      (9)   Maintain in paper or digital form, any state or federal agency map, incorporated by reference in the zoning map.

      (10)   Perform site inspections.

(Ord. 1695, passed 11-8-12; Am. Ord. 1838, passed 3-10-22)

   The purpose of the Technical Review Procedure is to facilitate communication and coordination between departments responsible for development review.

(Ord. 1695, passed 11-8-12; Am. Ord. 1838, passed 3-10-22)

   (A)   The technical review procedure shall be used to review all applications for site-specific development approval for all special use permits, preliminary and final plat approvals and amendments, development site plans, development agreements, landscaping plans, and any application for development approval if requested by the UDO Administrator. The technical review procedure shall result in the provision of recommendations, as provided herein, regarding the application under its review.

   (B)   The technical review procedure may include, but not necessarily be limited to, the following individuals/departments: UDO Administrator (Planning & Parks Department), Town Manager, Fire Department, Police Department, Public Works Department.

   (C)   The UDO Administrator may request the participation of professional experts or a representative from county, regional or state agencies if the UDO Administrator determines that such entities can provide expertise concerning the proposed development.

(Ord. 1695, passed 11-8-12; Am. Ord. 1838, passed 3-10-22)

   (A)   Members of the Planning Board, and Board of Adjustment must act in the public interest and not to advance their own interests. A member of the Planning Board or Board of Adjustment shall not vote on any advisory or legislative decision regarding a development regulation where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member. When a member is disqualified for a conflict of interest, that member must not participate in the hearing in any way, neither asking questions, nor debating, nor voting on the case. If an objection is raised to a member's participation at or prior to the hearing or vote on a particular matter and that member does not recuse himself or herself, the remaining members shall by majority vote rule on the objection.

   (B)   All members of appointed boards shall, before entering their duties, qualify by taking an oath of office.

   (C)   No member of the Board of Alderman shall vote on any legislative decision regarding a development regulation where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member. No member of the Board of Alderman shall 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 Board member has a close familial, business, or other associational relationship. In addition, the Board of Aldermen shall act in all matters in compliance with the Town of Wrightsville Beach Code of Ethics for the Mayor and Board of Aldermen adopted August 26, 2010.

   (D)   No member of any board exercising quasi-judicial functions shall participate in or vote on any quasi-judicial matter in a manner that would violate affected persons' constitutional rights to an impartial decision maker. Impermissible violations of due process include, but are not limited to, a member having a fixed opinion prior to hearing the matter that is not susceptible to change, undisclosed ex parte communications, a close familial, business, or other associational relationship with an affected person, or a financial interest in the outcome of the matter.

   (E)   The town's administrative staff shall not make a final decision on an administrative decision if the outcome of that decision would have a direct, substantial, and readily identifiable financial impact on the staff member or if the applicant or other person subject to that decision is a person with whom the staff member has a close familial, business, or other associational relationship. If a staff member has a conflict of interest, the decision shall be assigned to the supervisor of the staff person or the Town Manager.

(Ord. 1695, passed 11-8-12; Am. Ord. 1838, passed 3-10-22)

   (A)   The Wrightsville Beach Board of Aldermen has those powers and duties as provided herein and by Article 5 of Chapter 160A of the North Carolina General Statutes.

   (B)   In considering proposed changes in the text of this Ordinance or in the zoning map, the Board of Aldermen acts in its legislative capacity and must proceed in accordance with the requirements of Article 155.4.

   (C)   Unless otherwise specifically provided in this Ordinance, in considering amendments to this Ordinance or the zoning map, the Board of Aldermen shall follow the regular voting and other requirements as set forth in other provisions of the Town Code.

   (D)   To adopt temporary moratoria on any town development approval required by law (refer to Section 155.4.3).

   (E)   To keep minutes of its proceedings.

(Ord. 1695, passed 11-8-12; Am. Ord. 1838, passed 3-10-22)

   The Wrightsville Beach Board of Aldermen hereby authorizes, reaffirms, and establishes the Planning Board under the authority granted by the N.C.G.S. § 160D-301. The Wrightsville Beach Planning Board shall constitute, function, and may be referred to as the Planning Board.

(Ord. 1695, passed 11-8-12; Am. Ord. 1838, passed 3-10-22)

   (A)   The Planning Board shall consist of seven members appointed by the Board of Aldermen.

   (B)   Per N.C.G.S. § 160D-307, the Planning Board shall include at least one member of the town's extraterritorial jurisdiction (ETJ), appointed by the New Hanover County Board of Commissioners shall appoint members from the ETJ. The ratio of the number of members representing the town's corporate limits to the number of members representing the ETJ shall be proportional to the ratios of the respective populations of the corporate limits and the ETJ. Population figures shall be updated at least every ten years with the decennial U.S. Census and may be updated at additional intervals.

   (C)   All members shall be appointed for two-year terms or until a successor is appointed. Members' terms shall run from February 1 through January 31. No member of the Planning Board shall serve more than three consecutive terms. Vacancies occurring for reasons other than expiration of terms shall be filled as they occur by the Board of Aldermen for the period of the unexpired term.

(Ord. 1695, passed 11-8-12; Am. Ord. 1838, passed 3-10-22)

   (A)   There shall be a Chairman and Vice Chairman elected annually by the Board members at the regular meeting in February. The Board shall adopt Rules of Procedure which shall be effective following approval by the Board of Aldermen. Rules of Procedure shall be maintained by the Town Clerk or other designee appointed by the Town Manager and posted on the town's website in accordance with N.C.G.S. § 160D-308. The Board shall keep minutes of meetings, records of the members' attendance and resolutions, discussions, findings and recommendations, all of which minutes and such records shall be furnished to the Board of Aldermen. The records shall be considered public records. The Board shall hold at least one meeting each month and all meetings shall be open to the public and subject to the provisions of N.C.G.S. Ch. 143A, Article 33C regarding open meetings.

   (B)   The Board of Aldermen shall have the authority to remove any member who misses three consecutive regular meetings or more than four total meetings during his or her membership on the Planning Board. It shall be the responsibility of the Chairman of the Planning Board to advise the Board of Aldermen of any member who misses three consecutive regular meetings or more than a total of four meetings. In the event the Board of Aldermen removes a member because of his or her failure to comply with the attendance requirements set forth herein, the Board of Aldermen shall notify the Chairman of the Planning Board, in writing, that the member has been removed. Each member shall notify the Chairman or the planning staff at least 48 hours before a regular meeting when an absence is anticipated.

(Ord. 1695, passed 11-8-12; Am. Ord. 1838, passed 3-10-22)

   The Planning Board shall have the following powers and duties:

   (A)   Studies. To make careful studies of present conditions and the probable future development of the town and its environs. Such studies may include but are not limited to land use surveys; population studies; economic base studies; schools, parks, and recreation studies; traffic studies; and urban renewal studies.

   (B)   Comprehensive Plan. To formulate and maintain a comprehensive plan of the town and its environs for the purpose of achieving a coordinated, adjusted, and harmonious development of the municipality 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 convenience 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 other matters pertaining to public requirements. The comprehensive plan shall consist of a number of parts which may include but not be limited to the following: 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.

   (C)   Zoning Ordinances. To suggest revisions from time to time to the existing zoning ordinances and to make other recommendations as the Planning Board deems appropriate from time to time to the Board of Aldermen regarding zoning ordinances.

   (D)   Subdivision Regulations. To suggest revisions from time to time to the existing subdivision regulations and to make other recommendations as the Planning Board deems appropriate from time to time to the Board of Aldermen regarding subdivision ordinances.

   (E)   Powers of Review. To review and make recommendations to the Board of Aldermen upon the extent, location, and design of all public structures and facilities; on the acquisition and disposal of public properties; on the opening, abandonment, widening, extension, narrowing, or other change to streets and other public ways; and on the construction, extension, expansion, or abandonment of utilities, whether publicly or privately owned. However, in the absence of a recommendation from the Planning Board after the expiration of 30 days from the date on which the question has been submitted in writing to the Board, the Board of Aldermen may if it deems wise, take final action.

   (F)   Annual Report. To submit, in April of each year, to the Board of Aldermen, a report of its activities, for the preceding year.

   (G)   Prior Approval by the Board of Aldermen. In exercising the powers and duties set forth herein, the Planning Board is authorized to appoint committees made up in whole or in part of citizens of the town who are not members of the Planning Board. Provided, however, that the creation of the committees and the appointments thereto shall be subject to the prior approval of the Board of Aldermen.

   (H)   Staff Support. The Town Manager shall be responsible for appointing staff personnel to support the activities of the Planning Board. The Town Manager shall designate those staff members so appointed in writing and shall provide a copy of the designation to the Planning Board Chairman. The Planning Board shall not utilize the services of any staff personnel other than those so designated without the prior approval of the Town Manager.

(Ord. 1695, passed 11-8-12; Am. Ord. 1838, passed 3-10-22)

   (A)   The Board of Adjustment of the town, herein called "Board," is hereby established to fulfill the duties and powers described to it by this Ordinance, other applicable provisions of the Town Code, and by N.C.G.S. § 160D-302.

   (B)   The Board shall consist of five regular members and three alternate members. All members shall be residents of the town and shall be appointed by the Board of Aldermen. Members of the Board of Aldermen may be appointed as members of the Board. The alternate members shall assume all rights, privileges, and duties of the regular Board members when serving in the absence of regular Board members.

   (C)   Per N.C.G.S. § 160D-307, the Board of Adjustment shall include at least one member of the town's extraterritorial jurisdiction (ETJ), appointed by the New Hanover County Board of Commissioners shall appoint members from the ETJ. The ratio of the number of members representing the town's corporate limits to the number of members representing the ETJ shall be proportional to the ratios of the respective populations of the corporate limits and the ETJ. Population figures shall be updated at least every ten years with the decennial U.S. Census and may be updated at additional intervals.

   (D)   The term of office of members of the Board shall be for three years. In the beginning, two regular members shall be appointed for three years, two regular members shall be appointed for two years, and one regular member shall be appointed for one year. As the terms of office expire, all subsequent members shall be appointed for terms of three years, or until a successor is appointed. The term of office of a member of the Board of Adjustment shall not be reduced except in accordance with applicable North Carolina law.

   (E)   The Board shall adopt rules of procedure for the conduct of its affairs and in keeping with the provisions of this Ordinance. Such rules of procedure shall not be effective until approved by the Board of Aldermen. Rules of Procedure shall be maintained by the Town Clerk or other designee appointed by the Town Manager and posted on the town's website in accordance with N.C.G.S. § 160D-308. All meetings held by the Board shall be held in accordance with N.C.G.S. Ch. 143A, Article 33B or as may be amended. The Board shall keep minutes of its proceedings suitable for review in court showing:

      (1)   The factual evidence presented to the Board by all parties concerned;

      (2)   The findings of fact and the reasons for the determinations by the Board; and

      (3)   The vote of each member, or if absent or failing to vote, indicating such fact, all of which shall be public record and be filed with the office of the Town Clerk.

(Ord. 1695, passed 11-8-12; Am. Ord. 1838, passed 3-10-22)

   (A)   The Board of Adjustment shall hear and decide appeals from and review any order, requirement, decision, or determination made by a public official or employee charged with the enforcement of this Ordinance.

   (B)   The Board of Adjustment shall hear and decide variance requests.

(Ord. 1695, passed 11-8-12; Am. Ord. 1838, passed 3-10-22)

   (A)   The Board shall elect one member to serve as Chair and preside over its meetings and shall elect one member to serve as Vice-Chair to fulfill the responsibilities of the Chair when the Chair cannot. The Board shall appoint a clerk, who may be a town officer or employee, a member of the Board, or such other person who is qualified to fulfill the requirements of the position. The Board may create and fill such offices and committees as it may deem necessary. The term of the Chair and other offices shall be one year with eligibility for reelection. The Chair, or any member temporarily acting as Chair, is authorized to administer oaths to any witnesses in any matter coming before the Board.

   (B)   The Board shall establish a regular meeting schedule and shall meet frequently enough so that it may take action as expeditiously as reasonably possible. All meetings of the Board shall be open to the public, and reasonable notice of the time and place thereof shall be given to the public in accordance with the North Carolina General Statutes. The Board shall keep a record of its meetings, including attendance of its members, the vote of each member on every question, a complete summary of the evidence submitted to it, documents submitted to it, and all official actions.

   (C)   Any member of the Board who misses more than three consecutive regular meetings or more than half the regular meetings in a calendar year shall lose his or her status as a member of the Board and shall be replaced or reappointed by the Board of Aldermen. Absence due to sickness, death, or other emergencies of like nature shall be recognized as excused absences, and shall not affect the member's status on the Board, except that in the event of a long illness or other such cause for prolonged absence, the member shall be replaced.

(Ord. 1695, passed 11-8-12; Am. Ord. 1838, passed 3-10-22)

   The concurring vote of four-fifths of the members of the Board shall be necessary to grant a variance from the provisions of this Ordinance. 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 section, 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 supermajority if there are no qualified alternates available to take the place of such members.

(Ord. 1695, passed 11-8-12; Am. Ord. 1727, passed 5-3-14; Am. Ord. 1838, passed 3-10-22)