Rules

Establishment, Composition, Terms of Members, Vacancies, Composition of Members

The Planning and Zoning Commission was established in February 1985 when the Zoning Code was adopted. The Town Council acted as the Planning and Zoning Commission until they appointed the first Commission in July 1986.

Information regarding the Composition, Terms of Members, Powers and Duties of Members, and Rules and Regulations of the Commission can be found below. This information can also be found in Town Code, Title 17 Section 116.

  1. There is established a Planning and Zoning Commission of the Town to consist of seven members, four of which shall be residents of the incorporated boundaries of the Town and up to three of which may reside within the unincorporated areas of the Town as defined by the boundaries of the Blue Ridge School District No. 32. Each of whom shall be appointed by the Town Council. The members of the Commission shall serve three years except as hereinafter provided. The members of the first Commission appointed here under shall serve for the following terms: Two members shall be appointed for a term of one year. Two members shall be appointed for a term of two years. Three members shall be appointed for a term of three years. In the event of a death, resignation, or removal from the Commission, the vacancy shall be filled by the Council for the unexpired term. A filled vacancy for an unexpired term shall not be deemed a full term unless the appointment is for more than one year. Members of the Commission may, after public hearing, be removed by the Council for inefficiency, neglect of duty, or malfeasance in office. The Council shall file a written statement of the reasons for removal.
  2. Because the participation of all Planning and Zoning Commissioners is necessary and helpful to carry out the duties of the Commission in the best interest of the citizens of the Town, consistent attendance by Commissioners is of the utmost importance. For this reason, the following attendance guidelines are applicable to the Commissioners:
    1. Inadequate attendance is three consecutive meetings or a total of six meetings in one year, calculating a year from the date of appointment and each anniversary date thereof.
    2. If the above-described absences occur without notification to the Commission or Staff, such absences will be deemed to be a resignation from the Commission and the Town Council will be notified of the vacancy.
    3. If the above-described absences occur with notification to the Commission or Staff, the Commissioner in violation of the attendance policy may meet with the rest of the Commissioners to discuss the problem in a regular agenda meeting. If it is then agreed that the Commission remains high and that such absences are not likely to reoccur and that the absences have not caused undue hardship to the Commission’s duties, the Commissioner may remain on the Commission to fulfill his or her term. If the Commission determines to the contrary, the Town Council shall be notified of the vacancy.
  3. A Commissioner may serve a total of three consecutive terms and then must not serve for at least one three-year term prior to being reappointed to the Commission. All members shall serve without pay, however, members of the Commission may be reimbursed for actual expenses incurred in connection with their duties upon authorization or ratification by the Commission and approval of such expenditures by the Town Manager. A budget for the Planning and Zoning Commission shall be approved by the Town Council. Any out of state travel shall be approved by the Town Council. (Ordinance 97-130 § 1: Ordinance 90-82 § (1)(2401))

Procedure for Appointments to the Planning & Zoning Commission

Any individual interested in serving on the Planning and Zoning Commission shall submit a letter of interest addressed to the Town Council and transmitted to the Administrator. Such letter shall include a statement of qualifications and any personal information the individual wishes to provide. The Administrator shall transmit these submittals through the Town Manager to the Council for consideration. The Town Council shall select and appoint individuals to the Planning and Zoning Commission by resolution. In filling vacancies to unexpired terms or expired terms, the established Planning and Zoning Commission shall act as the screening committee for the Town Council. The Planning and Zoning Commission shall review submittals for membership to the Commission and shall recommend a first, second and third choice to the Town Council for their consideration and appointment by resolution. (Ordinance 90-82 § (1)(2402))

Powers & Duties

It shall be the duty of the Commission to formulate and administer any lawful plan duly adopted by the Town Council for the present and future growth and development of the Town pertaining to the use of land and buildings for any purpose, to make or cause to be made a continuous study of the best present and future use to which land and buildings shall be put within the Town and in cooperation with adjacent areas and to recommend to the Town Council revisions and such plans which, in the opinion of the Commission, are for the best interest of the citizens of the Town. It shall be the duty of the Commission to hold public hearings when necessary; to make recommendations to the Town Council on all matters concerning or related to the creation of zoning districts, the boundaries thereof, the appropriate regulations to be enforced therein and amendments of this division; and the official Town Zoning Map, to carry out the specific duties as prescribed by the ordinance, and to undertake all activities usually associated therewith and commonly known as “planning and zoning.” The Commission is also authorized to confer and advise with other Town departments via the Administrator and also county, regional or state planning commissions. The Planning and Zoning Commission shall also sit as the Design Review Board as established and set forth in Chapter 17.88 of the Zoning Regulations of the Town of Pinetop-Lakeside until such time as the Town Council appoints a separate Design Review Board. The Planning and Zoning Commission shall have the authority to grant conditional use permits in accordance with Chapter 16.104 of the Zoning Regulations of the Town of Pinetop-Lakeside. Appeals to the Planning and Zoning Commission decisions regarding the granting of conditional use permits shall be made to the Town Council in accordance with the specific provisions as contained in Chapter 17.120. The Planning and Zoning Commission shall also conduct site plan reviews in accordance with Chapter 17.84 of the Town of Pinetop-Lakeside Zoning Regulations. (Ordinance 90-82 § (1)(2403))

Selection of Officers

The Commission shall elect a chairman and vice-chairman from among its own members who shall serve for one year and until their successors are elected and qualified. The chairman shall preside at all meetings and exercise all the usual rights, duties and prerogatives of the head of any similar organization. The chairman shall have the power to administer oaths and to take evidence. The vice-chairman shall perform the duties of the chairman in the event of absence or disability of the chairman. Vacancies created by any cause shall be filled for the unexpired term by a new election. (Ord. 90-82 § (1)(2404))

Quorum–Voting

Four members shall constitute a quorum. The affirmative vote of a majority of members voting shall be required for the passage of any matter before the Commission. Any member of the Commission who has a conflict of interest regarding an item before the Commission shall declare same and recuse themselves from any discussion or voting on the item. (Ord. 90-82 § (1)(2405))

Rules, Regulations, Records & Meetings

The Commission shall make and publish rules and regulations to govern its proceedings and to provide for its meetings. All meetings of the Commission shall be open to the public. The minutes and records of all Commission proceedings shall be kept and filed as public record in the Office of the Town Clerk. The Administrator and department staff shall provide support and assistance to the Commission as necessary. (Ord. 90-82 § (1)(2406))