HomeMy WebLinkAboutPlanning and Zoning Commission Bylaws1
Office of Planning and Development
Lincoln County, Wyoming
www.lincolncountywy.gov
Kemmerer Office Afton Office
925 Sage Avenue Suite 201 61 E 5th Avenue
Kemmerer, WY 83101 Mail: 421 Jefferson St, Ste 701
307-877-9056 Afton, WY 83110
fax 307-877-6439 307-885-3106
To: Planning and Zoning Commission
From: Planning Director
Date: August 23, 2023
RE: Approved Planning Commissioner Bylaws
Please find the Planning and Zoning Commission Bylaws attached. The language differs from
the Lincoln County Planning and Zoning Commission Resolution dated November 30, 2011 as
follows:
Section 6. VOTING: The Chair shall have the right to vote and make motions. Motions need to
be seconded.
Section 7. EX PARTE CONTACT: Members shall avoid ex parte contact about cases where an
administrative decision is before the commission whenever possible. Despite one’s best efforts, it
is sometimes not possible to avoid ex parte contact. When that happens, the member should take
detailed notes on what was said and report to the Commission at the next public meeting or
hearing so comments are stated for the record.
Section 8. MEETINGS: The Planning and Zoning Commission shall meet monthly on the second
to last Wednesday unless otherwise motioned and publicly noticed.
Section 11. RESOLUTION REPEALED: The Rules and Regulations LINCOLN COUNTY
PLANNING AND ZONING COMMISSION, State of Wyoming, adopted November 30, 2011
and subsequent rules and regulations and/or resolutions, is hereby repealed effective the adopting
of this resolution.
Thank you.
Attachments:
Approved Planning Commissioner Bylaws
LINCOLN COUNTY
PLANNING AND ZONING COMMISSION BYLAWS
Adopted, effective immediately, July 19, 2023
As amending Resolution dated November 30, 2011
Lincoln County Planning and Zoning Commission Bylaws
08/23/2023
Page 1 of 4
Section 1. AUTHORITY: These rules and regulations for the Lincoln County Planning and
Zoning Commission were promulgated under the Wyoming Statutes (W.S.) 16-4-401
through 16-4-408, and 18-5-201 through 18-5-208 (see Land Use Regulations Appendix K).
The Planning and Zoning Commission may prepare and amend a comprehensive plan
including zoning for promoting the public health, safety, morals and general welfare of the
unincorporated areas of the county.
Section 2. MEMBERSHIP: The Commission shall consist of five (5) members, at least
three (3) of whom shall reside in the unincorporated area of the County, to be appointed by
the Board of County Commissioners, W.S. 18-5-202.
Section 3. TERM OF OFFICE: The Board of County Commissioners shall appoint
members to the Planning and Zoning Commission for a three (3) year term. Upon vacancy of
an unexpired term, the Board of County Commissioners shall appoint a new member to fill
the unexpired term, W.S. 18-5-202.
Section 4. REMOVAL FROM OFFICE: If a member fails to attend three (3) consecutive
meetings without justification, they may be removed from serving. The Planning and Zoning
Commission members shall serve at the pleasure of the Board of County Commissioners.
Section 5. OFFICERS: The Planning and Zoning Commission shall elect a Chair and Vice-
Chair as needed when a chair position has been vacated. The Chair shall preside at all
meetings, and, in his/her absence, the Vice-Chair shall preside. The Planning Director shall
serve as the County Clerk’s designated representative for Secretary to the Planning and
Zoning Commission. The Secretary shall keep an accurate record of all proceedings of each
meeting, W.S. 18-5-202.
Section 6. VOTING: Three (3) members of the Planning and Zoning Commission shall
constitute a quorum for the transaction of business, W.S. 18-5-202. The Chair shall have the
right to vote and make motions. Motions need to be seconded. Any member who may have a
conflict of interest due to possible financial gain resulting from voting on an application shall
abstain from voting and should be excused from the meeting during the application hearing.
LINCOLN COUNTY
PLANNING AND ZONING COMMISSION BYLAWS
Adopted, effective immediately, July 19, 2023
As amending Resolution dated November 30, 2011
Lincoln County Planning and Zoning Commission Bylaws
08/23/2023
Page 2 of 4
Section 7. EX PARTE CONTACT: Members shall avoid ex parte contact about cases
where an administrative decision is before the commission whenever possible. Despite one’s
best efforts, it is sometimes not possible to avoid ex parte contact. When that happens, the
member should take detailed notes on what was said and report to the Commission at the
next public meeting or hearing so comments are stated for the record.
Section 8. MEETINGS: All meetings of the Planning and Zoning Commission are public
meetings open to the public at all times, except as otherwise provided. No action of a
governing body of an agency shall be taken except during a public meeting following notice
of the meeting in accordance with the Land Use Regulations. Any action taken at a meeting
not in conformity with this act is null and void and not merely voidable, W.S. 16-4-403.
The Planning and Zoning Commission shall meet monthly on the second to last Wednesday
unless otherwise motioned and publicly noticed. The Commission may meet other times as
necessary to conduct its business with proper public notice.
A. CONDUCTING MEETINGS
1. The Chair shall have the general authority and responsibility of conducting the
meetings in accordance with the adopted rules and regulations in a consistent,
reasonable, fair and equitable manner.
2. A member of the public is not required as a condition of attendance at any
meeting to register his name, to supply information, to complete a
questionnaire, or fulfill any other condition precedent to his attendance. A
person seeking recognition at the meeting may be required to give his name
and affiliation, W.S. 16-4-403.
3. The Planning and Zoning Commission may recess any regular, special, or
recessed regular or special meeting to a place at a time specified in an order of
recess. A copy of the order of recess shall be conspicuously posted on or near
the door of the place where the meeting or recessed meeting was held, W.S.
16-4-404.
4. A Planning and Zoning Commission may hold executive sessions not open to
the public:
i. With the attorney general, county attorney, district attorney, city
attorney, sheriff, chief of police or their respective deputies, or other
LINCOLN COUNTY
PLANNING AND ZONING COMMISSION BYLAWS
Adopted, effective immediately, July 19, 2023
As amending Resolution dated November 30, 2011
Lincoln County Planning and Zoning Commission Bylaws
08/23/2023
Page 3 of 4
officers of the law, on matters posing a threat to the security of public
or private property, or a threat to the public’s right of access;
ii. On matters concerning litigation to which the governing body is a party
or proposed litigation to which the governing body may be a party;
iii. To consider the selection of a site or the purchase of real estate when
the publicity regarding the consideration would cause a likelihood of an
increase in price;
iv. To consider acceptance of gifts, donations and bequests which the
donor has requested in writing to be kept confidential;
v. To consider or receive any information classified as confidential by
law; W.S. 16-4-405.
B. DISRUPTION OF PUBLIC MEETINGS:
If any public meeting is willfully disrupted by a person or group of persons so as to
render the orderly conduct of the meeting unfeasible, and order cannot be restored by
the removal of the person or persons who are willfully interrupting the meeting, the
governing body of an agency may order the removal of the person or group from the
meeting room and continue in session, or may recess the meeting and reconvene at
another location. Only matters appearing on the agenda may be acted upon in a
meeting recessed to another location. The Planning and Zoning Commission shall
establish procedures for disturbing the conduct of a meeting. Duly accredited
members of the press or other new media except those who participated in a
disturbance shall be allowed to attend any meeting permitted by this section.
Section 9. SPECIAL MEETINGS:
A. Special meetings may be called by the presiding officer of a governing body by
giving notice of the meeting to each member of the governing body and to each
newspaper of general circulation, radio or television station requesting the notice. The
notice shall specify the time and place of the special meeting and the business to be
transacted. No other business shall be considered at a special meeting.
B. The Planning and Zoning Commission may hold an emergency meeting on matters of
serious immediate concern to take temporary action without notice. Reasonable effort
LINCOLN COUNTY
PLANNING AND ZONING COMMISSION BYLAWS
Adopted, effective immediately, July 19, 2023
As amending Resolution dated November 30, 2011
Lincoln County Planning and Zoning Commission Bylaws
08/23/2023
Page 4 of 4
shall be made to offer public notice. All action taken at an emergency meeting is of a
temporary nature and in order to become permanent shall be reconsidered and acted
upon at an open public meeting with forty-eight (48) hours.
Section 10. CONFLICT OF LAW: If the provisions of this act conflict with any other
statute, the provisions of this act shall control.
Section 11. RESOLUTION REPEALED: The Rules and Regulations LINCOLN
COUNTY PLANNING AND ZONING COMMISSION, State of Wyoming, adopted
November 30, 2011 and subsequent rules and regulations and/or resolutions, is hereby
repealed effective the adopting of this resolution.
______________________________________________ ____________________
Chair, Lincoln County Planning and Zoning Commission Date
______________________________________________ ____________________
Vice-Chair, Lincoln County Planning and Zoning Commission Date
______________________________________________ ____________________
Secretary, Lincoln County Planning and Zoning Commission Date