11-802. County planning and zoning commissions
(L10, Ch. 244, sec. 7. Eff. 10/1/11)
A. The board of supervisors of a county, in order to conserve and promote the
public health, safety, convenience and general welfare and pursuant to this chapter,
shall plan and provide for the future growth and improvement of its area of jurisdiction,
coordinate all public improvements pursuant to the plan, form a planning and zoning
commission to consult with and advise it regarding matters of planning, zoning and
subdivision platting and, in the manner provided in this chapter, adopt and enforce those
rules, regulations, ordinances and plans as may apply to the development of its area of
jurisdiction.
B. The commission shall act in an advisory capacity to the board and may or, if
requested by the board, shall make a report or recommendation in connection with any
matter relating to the development of the county under the jurisdiction of the board.
The commission shall make those investigations, maps, reports and recommendations in
connection with those investigations, maps and reports as seem desirable within the
limits of the monies available.
C. In the counties having three supervisorial districts, each county planning and
zoning commission shall consist of nine members who shall be qualified electors of the
county. Three members shall be appointed from each supervisorial district by the
supervisor from that district, and not more than one of the three may be a resident of an
incorporated municipality. Members of the commission shall serve without compensation
except for reasonable travel expenses.
D. Except as provided in subsection E of this section, in the counties having five
supervisorial districts, each county planning and zoning commission shall consist of ten
members who shall be qualified electors of the county. Two members shall be appointed
from each supervisorial district by the supervisor from that district. Members shall be
residents of the district from which they are appointed. Members of the commission shall
serve without compensation except for reasonable travel expenses.
E. If any supervisorial district is at least ninety per cent Indian reservation and
at least ninety per cent of the district is not subject to county zoning regulations, the
supervisor from the district may appoint some or all of the members to the commission
from any supervisorial district in the county if there is no appointee who is willing to
serve within the supervisorial district. These appointments are subject to the
limitations on residency required by subsections C and D of this section. Members
appointed to the commission pursuant to this subsection require the approval of the
board.
F. In counties with a population of less than one hundred seventy-nine thousand
persons, an alternate member may be appointed by the appointing supervisor for each
commission member appointed pursuant to subsections C, D and E of this section to serve
in the absence of that member. Alternate members may be appointed from any supervisorial
district in the county. During any meeting of the commission, if the regularly appointed
member becomes available, the alternate member shall conclude any action on the agenda
item under consideration and the regularly appointed member shall be seated for the
remaining items.
G. The terms of the members of the commissions shall be for four years except for
those initially appointed. Of those members initially appointed pursuant to subsection C
of this section, five members shall be appointed to a two year term and four members
shall be appointed to a four year term. Of those members initially appointed pursuant to
subsection D of this section, five members shall be appointed to a two year term and five
members shall be appointed to a four year term. Thereafter, each term shall be four
years. If a vacancy occurs otherwise than by expiration of term, the vacancy shall be
filled by appointment for the unexpired portion of the term. The board may remove members
of the commission for cause.
H. On a conversion from three to five supervisorial districts pursuant to section
11-212, the board of supervisors, on expiration of the terms of members of the commission
serving on the date of the conversion, shall make those appointments to fill the
vacancies to conform to subsection D of this section as soon as is practicable.
I. The county assessor, county engineer, county health officer and county attorney
shall serve in an advisory capacity to the commission and to the boards of adjustment.
J. The commission shall:
1. Elect a chairperson from among its members for a term of one year and those
other officers as it determines.
2. By resolution fix the time and place within the district of regular meetings,
hold at least one regular meeting each month and hold additional meetings as the
chairperson or a majority of the commission deems necessary.
3. Adopt rules for the transaction of business and keep a record of its
resolutions, transactions, findings and determinations, which record shall be a public
record and be open to public inspection.
4. Transmit all of its recommendations, decisions, findings, reports and official
actions, regardless of vote, to the board of supervisors.
K. A majority of the commission constitutes a quorum for the transaction of
business and a majority vote of the quorum is required for any official action.
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