There is hereby created and established a planning and zoning
commission for the town consisting of seven (7) members appointed
by the town council. In addition to the seven (7) regular members,
four alternate members of the planning and zoning commission will
be appointed to serve in the absence of one or more regular members
when requested to do so by the mayor or chairman of the planning and
zoning commission.
(Ordinance 16-12, sec. 3, adopted 10/3/16)
Each regular and alternate member shall be a resident of the
town, shall be qualified to vote, and shall forfeit his office should
he cease to reside in the town during his term of office. Each regular
and alternate member must have been, as of his date of appointment,
a resident of the town for a continuous period of not less than six
(6) months, hold no other paid, incompatible, or elected public office
for the town, and shall not be in arrears in the payment of taxes
or any liability due the town.
(Ordinance 05-21, sec. 3, adopted 6/6/05)
The planning and zoning commission shall be responsible for
the development and implementation of plans for the future growth,
development and redevelopment of the town. The commission shall also
be responsible for the review and consideration and recommendation
for approval or rejection to the town council of all development plans
and proposals, zoning requests, subdivision plats and replats, site
plans and zoning regulations and ordinances. The commission shall
further be responsible for the review and consideration of the adoption,
updating, and revision of land use assumptions.
(Ordinance 05-21, sec. 3, adopted 6/6/05)
The planning and zoning commission shall have the following
powers:
(1) To conduct,
after notice as required by law, hearings required by the zoning ordinance
and the laws of this state; to recommend to the town council the boundaries
of the various districts and appropriate regulations to be enforced
therein; to recommend to the town council the approval or denial of
zoning changes sought under the zoning ordinance or initiated by the
commission on its own motion or by the town council under its own
motion.
(2) To hear,
recommend, or determine any matter relating to zoning, planning, or
subdivision control, as may be specified or required under this article,
other ordinances of the town, or the laws of the state.
(3) To exercise
such duties and powers as may be now or hereafter conferred by this
article, other ordinances of the town, or the laws of the state.
(4) Except
in the case of a joint public hearing, the town council shall not
hold a public hearing or take action on a zoning change or change
to boundaries of the zoning districts or the regulation of a zoning
district until it receives the final report of the planning and zoning
commission. However, any public hearing required to be held by the
planning and zoning commission or the town council by the zoning ordinance
or the laws of the state, may be held jointly by the town council
and the planning and zoning commission. The town council shall not,
however, take any action at such joint hearing until it has received
the final report of the planning and zoning commission.
(5) Notice of public hearings (See Chapter
14, Exhibit A, Section
24).
(Ordinance 05-21, sec. 3, adopted 6/6/05)
(a) The term
of office of regular and alternate members of the commission shall
be for two (2) years. Three (3) regular members and one (1) alternate
member shall be appointed to two-year terms beginning on October 1
in even-numbered years and four (4) regular members and one (1) alternate
member shall be appointed for two-year terms beginning on October
1 in odd-numbered years. The town council shall make appointments
to the planning and zoning commission at its second regular monthly
meeting in August of each year or as soon thereafter as possible.
(b) In the
event of a vacancy on the commission, the alternate member with the
longest tenure shall, without further formal action, become a regular
member until the expiration of the term of the office assumed by the
alternate member. In the event of a vacancy in two (2) offices, the
alternate member with the longest tenure shall assume the office of
the member with the longest remaining term of office. In the event
of any vacancy on the commission, the town council shall appoint new
members to fill the vacant offices as soon as practicable to fill
such vacancies for the remainder of the unexpired terms of office.
(c) Members
of the commission may be removed from office by the town council by
majority vote following written notice citing cause and a public hearing.
(Ordinance 05-21, sec. 3, adopted 6/6/05)
(a) Meetings
of the commission shall be held as often as necessary to conduct the
business of the commission at the call of the chairman and at such
other times as the commission may determine. All meetings of the planning
and zoning commission shall be public and the commission shall keep
minutes of the proceedings showing the vote of each member upon each
question coming before the commission. The minutes of the commission
shall be public record.
(b) A majority
of four (4) members of the commission, whether regular or alternate,
shall constitute a quorum to do business. Alternate members may vote
on matters before the commission only in the absence of regular members
when requested to do so by the mayor or presiding officer of the planning
and zoning commission.
(c) The planning
and zoning commission shall select one of its regular members to serve
as the chairman, and one of its regular members to be vice chairman
to serve in the absence of the chairman, at the first regular meeting
following October 1 of each year.
(Ordinance 05-21, sec. 3, adopted 6/6/05)