§ 40-487. Planning and zoning commission.

(a)

Establishment. A planning and zoning commission, consisting of seven members, is hereby established, appointed by the town council. All members shall reside within the corporate limits of the town. Members shall serve without compensation, but may be reimbursed for actual expenses incidental to the performance of their duties within the limit of funds available to the commission.

(b)

Tenure. Members of the planning and zoning commission shall be appointed to serve terms of three years, and until their respective successors have been appointed and qualified. The terms of the original members may be staggered so that all terms do not expire simultaneously. Vacancies shall be filled for the unexpired term only.

(c)

Officers. The planning and zoning commission shall elect one member to serve as chairperson and preside over its meetings, and shall create and fill such offices and committees as it may deem necessary. The term of the chairperson and other officers shall be one year.

(d)

Powers of the planning and zoning commission. The planning and zoning commission shall have the following powers and duties related to the administration of this chapter:

(1)

Review petitions for proposed amendments to the chapter text and/or map and make recommendations to the town council.

(2)

Review applications for the issuance of conditional use permits and make recommendations to the town council.

(3)

Initiate proposed amendments to the chapter text and/or map and make recommendations to the town council.

(4)

Prepare studies and plans related to controlling and creating orderly growth and development of the town.

(5)

Develop and recommend to the town council plans, goals, and objectives as well as policies, ordinances and administrative procedures or other means for carrying out the studies and plans referenced above.

(6)

Perform any other duties assigned by the town council as authorized in G.S. 153A-321.

(e)

Planning and zoning commission administration.

(1)

The commission shall adopt rules of procedures and regulations for the conduct of its affairs.

(2)

All meetings of the commission shall be open to the public. Regular monthly meetings shall be held on the second Thursday of each month at 6:30 p.m. in the council room of the town hall.

(3)

The commission shall keep a record of its meetings, including 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.

(4)

Conditional use permits, zoning text and/or zoning map amendments shall be considered by the commission for recommendations to town council at a scheduled meeting. It is the intent of this section to provide adequate public notice to all affected and interested property owners concerning proposed zoning map amendments and conditional use permits in order to enhance and facilitate a sound recommendation from the planning and zoning commission to the town council. It is, however, not the intent of this section to delay or cause to delay a public meeting by the commission due to advertising and/or noticing errors either on the part of the town or by others. Within 25 days of the meeting:

a.

Conditional use permits, zoning text and/or zoning map amendments: Two advertisements posted in a newspaper of general circulation within the town.

b.

Conditional use permits and zoning map amendments: Notice sent by first class mail to the owner of that parcel of land, and the owners of all parcels of land abutting that parcel of land as shown on the county tax listing.

c.

Zoning map amendments that directly affect more than 50 properties, owned by a total of at least 50 different property owners:

1.

Mailed notice provided for in subsection (e)(4)b of this section; or

2.

As an alternative, elect to publish notice of the hearing as listed by subsection (e)(4)a of this section, but provided that each advertisement is no less than one-half of a newspaper page in size and provisions of subsection (e)(4)a of this section apply for property owners who reside outside of the newspaper circulation area, in accordance with the address listed on the most recent property tax listing.

d.

Conditional use permit and zoning map amendments: Notice posted on-site.

(5)

The person acting as chairperson of the commission [or the hearing officer] is authorized to administer oaths to any witnesses in any matter coming before the commission.

(6)

Any member of the planning and zoning commission who misses more than three consecutive regular meetings or more than half the regular meetings in a calendar year shall lose his status as a member of the commission, and shall be replaced or reappointed by the town council as appropriate. 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 commission, except that in the event of a long illness or other such cause for prolonged absence, the member shall be replaced.

(f)

Quorum and vote required.

(1)

A quorum of the commission, necessary to conduct any business of the commission, shall consist of a simple majority.

(2)

A simple majority vote of those present shall be necessary to conduct routine business of the commission.

(Code 1986, app. A, § 21.2; Ord. No. 00-463, 10-10-2000; Ord. No. 01-468, 1-9-2001; Ord. No. 02-501, 3-12-2002; Ord. No. 02-504, 5-14-2002; Ord. No. 06-652, 8-8-2006; Ord. No. 08-766, 11-10-2008; Ord. No. 09-776, 2-10-2009; Ord. No. 13-905, 1-8-2013)