(A) 
There is hereby established a Planning & Zoning Commission which shall consist of at least five (5) members who shall be appointed by the Town Council to staggered terms of two (2) years in accordance with any ordinance adopted by the Town Council. The Commission members shall be qualified voters of the Town. Any vacancy occurring during the unexpired term of a member shall be filled by the Town Council for the remainder of the unexpired term. In January of each year, the Commission shall elect from its members a Chairman, Vice Chairman, and Secretary to serve for one (1) year beginning in that month. Members of the Commission may be removed by an affirmative vote of a majority of the full membership of the Town Council.
(B) 
The Commission shall meet at least once a month, if needed. The Commission shall keep minutes of its proceedings which shall be of public record. Minutes will be recorded by the Commission Secretary. The Commission shall serve without compensation.
(C) 
A majority of the full membership of the Commission members shall constitute a quorum for the purpose of transaction of business. No action or recommendation of the Commission, except as specifically provided in this Charter, shall be valid or binding unless adopted by the affirmative vote of a majority of the Commission members. The Chairman shall be a voting member of the Commission. If the Vice-Chairman presides over the meeting in the Chairman’s absence, the Vice-Chairman shall vote.
(Resolution 2015-031 adopted 5/16/15; Resolution 2021-237 adopted 5/11/21)
(A) 
The Commission shall be responsible to and act as an advisory board to the Town Council. The Commission shall:
(1) 
Review all current and proposed ordinances and amendments pertaining to planning and zoning and make recommendations to the Town Council for action to be taken;
(2) 
Develop a Comprehensive Plan and make proposals to the Town Council to amend, extend and add to the Comprehensive Plan for the physical development of the Town;
(3) 
Keep public records of its resolutions, findings and determinations;
(4) 
Review plats and zoning requests and make recommendations to the Town Council for final adoption of same; and
(5) 
Act as directed by the Town Council.
(B) 
The Commission shall have full power to:
(1) 
Exercise the authority of the Commission as provided by state law, this Charter and Town ordinances;
(2) 
Make reports and recommendations relating to the Comprehensive Plan and development of the Town; and
(3) 
Adopt plats, if it has been given that authority by the Town Council.
(C) 
A vote of two-thirds of the full membership of the Town Council is required to overrule a recommendation of the Commission that a proposed zoning amendment, supplement, or change be denied.
(Resolution 2015-031 adopted 5/16/15; Resolution 2021-237 adopted 5/11/21)
(A) 
All rules and regulations adopted by the Commission, if any, shall be forwarded in writing to the Town Manager or his or her designee who shall submit them to the Town Council with recommendations. The Town Council may amend, adopt or reject any such rules or regulations. If any rules or regulations should be rejected, the Commission may modify them and submit such modified rules and recommendations to the Town Council.
(B) 
Should any person on the Commission have a conflict of interest, pursuant to any state laws and/or Town ordinances regulating conflicts of interest of municipal officers, with an agenda item then before the Commission, he or she shall openly declare same before discussion proceeds, file any required affidavit, and he or she shall thereby be prohibited from discussing the item and voting on the question, and is not considered as present and voting for the purposes of the tally of votes. Commission members who have a conflict of interest are considered present for purposes of constituting a quorum.
(C) 
Should any person on the Commission choose to abstain from voting on any question before the Commission, where no conflict of interest exists, the person’s vote shall be recorded as a negative vote in the official minutes of the meeting.
(Resolution 2015-031 adopted 5/16/15; Resolution 2021-237 adopted 5/11/21)
(A) 
The Comprehensive Plan shall include, but not be limited to, the Future Land Use Plan and the Thoroughfare Plan. The existing Comprehensive Plan for the physical development of the Town contains recommendations for the growth, development and beautification of the Town and its extraterritorial jurisdiction. Additions to and amendments of the Comprehensive Plan shall be by ordinance or resolution, but before any such revision(s), the Planning and Zoning Commission shall hold at least one (1) public hearing on the proposed action.
(B) 
A copy of the proposed revision(s) to the Comprehensive Plan shall be forwarded to the Town Manager or his or her designee who shall submit the proposal to the Town Council, together with the Town Manager’s or his or her designee’s recommendations, if any. The Town Council, after a public hearing, shall adopt or reject such proposed revision(s) or any part thereof as submitted within sixty (60) days following its submission by the Town Manager or his or her designee. If the proposed revision(s) or part thereof should be rejected by the Town Council, the Town Council may request the Planning and Zoning Commission to make other modifications and again forward it to the Town Manager or his or her designee for submission to the Town Council.
(C) 
Following the adoption by the Town Council of the Comprehensive Plan, and any revision(s) thereto, it shall serve as a guide to all future Town Council action concerning land use and development regulations and expenditure for capital improvements. Any proposal which deviates from the Comprehensive Plan shall not be authorized until and unless the location and extent thereof shall have been submitted to and approved by the Planning and Zoning Commission. In case of denial, the Commission shall communicate its reasons to the Town Council, which shall have the power to overrule such denial with not less than four concurring votes of the full membership, and upon such overruling, the Town Council or the appropriate office, department or agency shall have authority to proceed.
(Resolution 2015-031 adopted 5/16/15; Resolution 2021-237 adopted 5/11/21)
The Town Council shall create and establish a Board of Adjustment and Appeals. The Board of Adjustment and Appeals may propose rules of procedure that comply with the code and submit them to the Town Council for consideration. The Town Council shall, by ordinance, provide standards and procedures for such board to hear and determine appeals of administrative decisions, special exceptions, or request for variances in the case of peculiar and unusual circumstances which would prevent the reasonable use of land and such other matters as may be required by the Town Council or by law. Appointment and removal of members of the board of adjustment shall be in accordance with the provisions of Article VIII, Section 8.01 of this Charter and state law.
(Resolution 2015-031 adopted 5/16/15; Resolution 2021-237 adopted 5/11/21)