The Town shall have the following boards and commission to carry out the duties and responsibilities set forth in this Ordinance:

(A)

Planning Board

(B)

Board of Adjustment

(C)

Appearance Commission

The Town of Pine Knoll Shores Planning Board is the Town's planning agency pursuant to G.S. 160D-301.

The Planning Board shall consist of nine members appointed by the Board of Commissioners. At least seven of these nine members, at the time of appointment, shall be full residents of the town. The Board of Commissioners may also appoint no more than two non-permanent resident members. Both full resident members and non-permanent resident members possess full voting rights on the board and are counted in the determination of a quorum. Both full resident members and non-permanent resident members may serve on subcommittees as appointed by the chairman. Each member shall serve a two-year term. The Board of Commissioners may stagger the terms of office of the planning board members such that five are appointed in one year and four the next. Any Planning Board member appointed to fill an unexpired term shall serve for the balance of that unexpired term. The chairman of the Planning Board shall be selected yearly by the Board of Commissioners from among the members of the Planning Board and shall serve a one-year term. A vice-chairman shall be selected by the chairman and shall serve a one-year term. The Planning Board members shall serve without compensation. Each person being considered for appointment to the planning board shall submit a town application and resume to the town clerk indicating their interest.

Any person appointed to the Planning Board shall take and subscribe the oath of office prescribed in Article VI, § 7 of the Constitution as stipulated in G.S. 160A-61.

The Planning Board shall have the following powers and duties:

(A)

To provide recommendations to the Board of Commissioners with regard to map amendments (rezoning), text amendments, and other matters on which the Board of Commissioners seeks advice;

(B)

To develop and update a Comprehensive Land Use and/or Master Plan for the planning and development regulation jurisdiction, including any extraterritorial territory under its jurisdiction, subject to specific direction from the Board of Commissioners;

(C)

Review and give recommendations upon subdivision plans; site plans and other tasks assigned to the Planning Board in regard to subdivision regulations as set out by this Ordinance;

(D)

To render opinions and make recommendations on all issues, requests, and petitions related to the Pine Knoll Shores Development Ordinance and the Comprehensive Land Use and/or Master Plan that may be adopted and/or amended from time to time and that require approval by the Board of Commissioners; and

(E)

Meeting with Appearance Commission. The Chair shall assign one of the members of the Planning Board to meet regularly with the Appearance Commission and provide liaison between the Appearance Commission and the Planning Board.

(F)

Meeting with Strategic Planning Committee. The Chair shall assign one of the members of the Planning Board to meet regularly with the Strategic Planning Committee and provide liaison between the Strategic Planning Committee and the Planning Board.

(G)

To make such other studies and plans and review such other related matters as directed by the Board of Commissioners.

(H)

To perform any other functions specifically assigned to the Planning Board by this Ordinance.

All meetings of the Planning Board shall be open to the public. The general public may address the Planning Board during the time set aside for citizen comments. The Planning Board shall not conduct any public hearings without the express authority given by the Board of Commissioners. An official agenda, approved by the chairman, shall be prepared in advance of all Planning Board meetings, and shall be distributed to the members at least seven days in advance of such meetings. The Planning Board may, by majority vote consider matters not listed on the official agenda. All matters requiring a vote shall be decided by simple majority of the members present provided that a quorum exists.

The Board of Commissioners requests that all revisions and/or conditions be reviewed for compliance by the Planning Board prior to being submitted to the Board of Commissioners.

A simple majority of the Board membership shall be required to affirm any decision, recommendation or statement of the Board. The chairman shall not vote except in the case of a tie. In the absence of the chairman, the vice-chairman shall act as chairman. Minutes shall be kept of the proceedings of the board with a book maintained for that purpose only, showing the vote of each member upon each question, or, if absent or failing to vote, an indication of such fact. All other members are required to vote on matters that come before the body; an abstention shall be considered a vote in the favor of the motion on the floor; however, members are excused from voting on matters which represent a conflict of interest, and no abstention on that account shall be counted as a vote.

A member of the Planning Board shall not vote on any advisory or legislative decision regarding a development regulation adopted pursuant to this Ordinance where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable impact on the member. A member shall not 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 member has a close familial, business, or other associational relationship with an affected person. If an objection is raised to a member's participation and that member does not recuse himself or herself, the remaining members shall by majority vote rule on the objection (G.S. 160D-109).

Removal of a member of the Planning Board must be by a majority vote of the Board of Commissioners. A member may be removed for any of the following reasons: the member has missed three consecutive meetings (regular, special, or a combination) without being excused by a majority vote of the planning board, the member votes on an issue which represents a conflict of interest, or actions found by the Board of Commissioners are not in the best interest of the town.

The Town of Pine Knoll Shores Board of Adjustment exists pursuant to G.S. 160D-302.

The Board of Adjustment shall consist of five (5) members. Members shall be appointed by the Board of Commissioners in accordance with G.S. 160D-310. Each member at time of appointment must be a full resident of the town. All members shall have equal rights, privileges and duties; except as defined for officers by adopted Rules of Procedure. All members shall be appointed for three (3) year terms. All appointments to fill vacancies shall be for the unexpired term. The chairman of the Board of Adjustment shall be selected by the Board of Commissioners from the members of the Board of Adjustment and shall serve a one year-term. A vice-chairman shall be selected by the chairman and shall serve a one-year term. If the chairman resigns or becomes unable to serve, the vice-chairman shall serve until a new chairperson is appointed by the Board of Commissioners. The members of the board shall receive no compensation for their services.

(A)

Seating Members. The terms of office will be staggered consistent with the prior practice of the Town and all members of Board of Adjustment in office at the time of adoption of this Ordinance shall complete their terms of office.

(B)

Alternates. The Board of Commissioners may, in its discretion, appoint two (2) alternate members to serve on the Board of Adjustment in the absence or temporary disqualification of any regular member or to fill a vacancy pending appointment of a member. Alternate members shall be appointed for the same term, at the same time, and in the same manner as regular members. Each alternate member, while attending any regular or special meeting of the board and serving on behalf of any regular member, shall have and may exercise all the powers and duties of a regular member (G.S. 160D-302(a)).

Any person appointed to the board shall take and subscribe the oath of office prescribed in Article VI, § 7 of the Constitution as stipulated in G.S. 160A-61.

The Board of Adjustment shall have the following powers and duties:

(A)

To hear and decide appeals from an order, denial of a permit or other written decision made by an administrative official charged with enforcing this Ordinance;

(B)

To hear and decide requests for variances from the zoning provisions of this Ordinance in cases where special conditions would make strict and literal interpretation result in a loss of privileges shared by other properties within the same zoning district;

(C)

To hear and decide appeals from any decision or determination made by the Storm Water Administrator in the administration and/or enforcement of Article 19 of this Ordinance;

(D)

To hear and decide appeals and requests for variances from the requirements of the Flood Damage Prevention provisions of this Ordinance, as set forth in Article 18; and

(E)

To hear and decide all matters referred to it or upon which it is required to pass under this Ordinance and/or any ordinance duly adopted wherein the Board of Adjustment is designated to hear appeals or other duties.

The Board of Adjustment may adopt its own rules of procedure not inconsistent with this section or Chapter 160D of the General Statutes. Until the Board of Adjustment adopts its rules of procedure, its procedures shall be those of the most current edition of Robert's Rules of Order for small boards. All meetings of the Board of Adjustment shall be open to the public. The Board shall keep minutes showing the vote of each member on each question and the absence or failure of any member to vote. The final disposition of each matter decided by the Board of Adjustment shall be by recorded resolution indicating the reasons for the decision, based on findings of fact obtained by testimony under oath or affirmation and conclusions of law which shall be public record. On all appeals, applications and other matters brought before the Board of Adjustment, the Board shall inform in writing all the parties involved of its decision and the reasons for that decision.

A four-fifths vote of the members shall be required to grant a variance; otherwise, a simple majority of the Board membership shall be required to affirm, reverse or modify any written order, decision, or interpretation of the Enforcement Officer charged with enforcing this Ordinance or to decide in favor of the applicant on a matter [other than variances] upon which the Board is required to pass. Vacant positions on the Board of Adjustment and members who are disqualified from voting on a matter before the Board of Adjustment shall not be considered members of the Board for calculation of the requisite majority if there are no qualified alternates available to take the place of such members. The Board shall keep minutes of its proceedings in a book maintained for that purpose only, showing the vote for each member upon each question, or, if absent or failing to vote, an indication of such fact. Final action of the board shall be recorded resolution indicating the findings and other justification for board action.

A member of the Board of Adjustment shall not 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. If an objection is raised to a member's participation and that member does not recuse himself or herself, the remaining members shall by majority vote rule on the objection (G.S. 160D-109).

Removal of a member of the Board of Adjustment must be by a majority vote of the Board of Commissioners. A member may be removed for any of the following reasons: the member has missed three consecutive meetings (regular, special, or a combination) without being excused by a majority vote of the Board of Adjustment, the member votes on an issue which represents a conflict of interest, or actions found by the Board of Commissioners are not in the best interest of the town.

The Town of Pine Knoll Shores Appearance Commission exists pursuant to G.S. 160D-304.

The Appearance Commission shall consist of up to ten (10) members who shall serve at the pleasure of the Board of Commissioners.

(A)

Members shall be appointed by the Board of Commissioners in accordance with G.S. 160D-310. The ten members, at the time of appointment, shall be full residents of the Town. The Board of Commissioners may also appoint no more than two (2) non-permanent residents as auxiliary members. The terms of the members of the Appearance Commission shall be staggered terms as provided by the Board of Commissioners. Any member who misses three consecutive meetings (regular, special or combination) without being excused by a majority vote of the remaining members of the community appearance committee shall be deemed to have resigned effective at the adjournment of the third meeting. The chairman of the Appearance Commission shall be selected by the Board of Commissioners from the members of the Appearance Commission and shall serve a one-year term. A vice-chairman shall be selected by the chairman and shall serve a one-year term. If the chairman resigns or becomes unable to serve, the vice-chairman shall serve until a new chairman is appointed by the Board of Commissioners.

(B)

Each position on the Appearance Commission shall have a presumptive term of three (3) years. Because service is at the Board's pleasure, within such term, a Commission member's service will end immediately upon his or her removal by the Board. The Board may simultaneously, or thereafter, fill the vacant seat with another person and such a replacement member will complete the remainder of the three-year term but also subject to removal at the pleasure of the Board.

(C)

Full resident members possess full voting rights on the Commission and are counted in the determination of a quorum. Appointed non-permanent resident members have the right to full participation in board discussion but without exercising any voting privileges. Non-permanent resident members shall not be counted in the determination of a quorum but may serve on committees and/or subcommittees as appointed by the Chair.

Any person appointed to the board shall take and subscribe the oath of office prescribed in Article VI, § 7 of the Constitution as stipulated in G.S. 160A-61.

The Appearance Commission shall have the following powers and duties:

(A)

Responsibilities. It shall be the general responsibility of the Commission to study and evaluate the visual problems and needs of the town, including new construction, alterations and additions by property owners and developers, and to make any plans and carry out any programs that will, in accordance with the powers set forth below, enhance and improve the visual quality and aesthetic characteristics of the town.

(B)

Powers and Duties. Except when the Planning Administrator has sole jurisdiction to consider and approve an application, the Commission shall ensure that any proposed new construction or development will make effective use of existing terrain and environment, preserve to the extent possible the maritime forest and shrubbery indigenous to the town by supporting the Planning Administrator in the administering of Article 11 standards and policies. The Appearance Commission shall also act through its exercise of the following powers and duties:

1.

Initiate, promote and assist in the implementation of programs of general community beautification in the town;

2.

Coordinate the activities of individuals and organizations, public and private, whose plans, activities and programs bear upon the appearance of the town;

3.

Provide leadership and guidance in matters of area or community design and appearance to individuals, to public and private organizations, and to agencies;

4.

Make studies of the visual characteristics and problems of the town, including surveys of an appropriate nature, and recommend standards and policies of design for the entire area, and portions of neighborhoods thereof, or any project to be undertaken;

5.

Prepare both general and specific plans for the improved appearance of the town, which plans may include the entire area or any part thereof, and may set forth desirable standards and goals for the aesthetic enhancement of the town or any part thereof, including public ways and open spaces, and public and private buildings and projects;

6.

Participate, in any way deemed appropriate by the Board of Commissioners, in the implementation of its Plan;

7.

Request from the proper officials of any public agency or body, including agencies of the state and its political subdivisions, its plan for public building, facilities, or projects to be located within the Town;

8.

Review development plans and make recommendations regarding their aesthetic suitability to the appropriate agency, or the Board of Commissioners;

9.

Formulate and recommend to the Planning Board for adoption or amendment ordinances regulating the use of property that will, in the opinion of the Commission, serve to enhance the appearance of the Town;

10.

Direct the attention of Town officials to needed enforcement of any ordinance that may in any way affect the appearance of the Town;

11.

After reasonable notice to the property owner, enter, in the performance of its official duties and at reasonable times, upon private lands and make examination or surveys; and/or

12.

Subject to the approval of the Board of Commissioners:

a.

Promote public interest in and an understanding of its recommendations, studies, and plans, and to that end prepare, publish, and distribute to the public such studies and reports as will, in the opinion of the Commission, advance the cause or improve municipal appearance; and

b.

Conduct public meetings and hearings, giving reasonable notice to the public thereof.

All meetings of the Appearance Commission shall be open to the public and may address the Appearance Commission during the time set aside for citizen comments. An official agenda, approved by the Chairman, shall be prepared in advance of all community appearance meetings, and shall be decided by simple majority of the members present provided that a quorum exists.

To the extent practicable, members should have training or experience in a design field such as architecture, building construction, landscape design, horticulture, town planning, engineering, interior design, or a related field.

A simple majority of the Commission membership shall be required to affirm any decision, recommendation or statement of the Board.

A member of the Appearance Commission shall not participate in or vote on any matter in which he has, or is likely to have, a direct, substantial, and readily identifiable interest. A disqualifying interest of a member can be based on a close familial, business, or associational relationship. If an objection is raised to a member's participation and that member does not recuse himself or herself, the remaining members shall by majority vote rule on the objection (G.S. 160D-109).

Removal of a member of the Appearance Commission must be by a majority vote of the Board of Commissioners. A member may be removed for any of the following reasons: the member has missed three consecutive meetings (regular, special, or a combination) without being excused by a majority vote of the Appearance Commission, the member votes on an issue which represents a conflict of interest, or actions found by the Board of Commissioners are not in the best interest of the town.

All meetings and hearings shall be open to the public and shall be conducted in accordance with the procedures set forth in these regulations and with the rules of procedure adopted for or by the Planning Board, Board of Adjustment, and Appearance Commission. In the absence of procedures adopted by either the Board of Commissioners or such boards or committees, procedures shall be those of the most recent version of Robert's Rules of Order for small boards not inconsistent with this Ordinance.

The Planning Board shall meet no less frequently than monthly, when there is business to consider and a quorum can be arranged, in the Town Hall, at a date and time regularly established. Meetings may occur more frequently if regularly established, or in accordance with the laws of the state. Majority vote of membership may designate another date for a regular monthly meeting. Regular and special meetings are held at the call of the chairman, or upon the written request of four members.

All meetings of the Board of Adjustment shall be held as needed in the Town Hall, and shall be open to the public.

The Appearance Commission shall meet no less frequently than monthly, when there is business to be considered and a quorum can be arranged, in the Town Hall, at a date and time regularly established.

The member of the public may address the Planning Board, or Appearance Commission during a time set aside for citizen comments on the agenda, or if recognized by the chair of said board or commission for comments prior to the "call to order" of the meeting.

Matters before the Board of Adjustment are limited to persons deemed to have standing in accordance with G.S. 160D-1402(c).

Rules of procedure may be amended by the respective board membership; however, such amendment shall be approved by the Board of Commissioners to become effective. Any rules of procedure shall be kept on file at the office of the Planning Administrator and made available to the public both online at the Town's website and at any meeting or hearing. No rules or procedures shall conflict with this Ordinance; if conflicts occur this Ordinance shall take precedence.

The Planning Administrator and Town Clerk shall serve as staff support to the Planning Board, Board of Adjustment, and Appearance Commission; and the Planning Administrator shall provide technical assistance to the Planning Board, Board of Adjustment, and Appearance Commission as requested.