19-2957.   Same; zoning boards for townships and county planningcommission; consolidated zoning boards; establishment; membership; meetings; powers.(a) The board of county commissioners, by resolution, mayestablish a zoning board for each township within the county. The board shallconsist of (1) four members who shall be appointed by the board of countycommissioners and who shall be residents of the unincorporated area of thecounty and (2) the township trustee of each township in the county if thetrustee gives written consent to serve on the zoning board. If the trusteefails to give consent to serve on the zoning board, the board of countycommissioners shall appoint a resident of such township to serve in thetrustee's place. Any person appointed to serve in a trustee's place shallhold the position on the zoning board as long as such trustee serves on thetownship board.

      The board of county commissioners, by resolution, may establish aplanning commission for the county and shall fix the number of members onthe commission. The commission shall consist of not less than nine nor morethan 12 members who shall be appointed by the board of countycommissioners. Nine of such members shall be residents of theunincorporated area of the county. The planningcommission shall consist of one member of each zoning board in the county,as appointed by the board of county commissioners.

      The members first appointed by the board of county commissioners toeither a zoning board or the planning commission shall be appointed forterms of one, two and three years. The terms shall be divided equally or asnearly equally as possible among the members. Thereafter members shall beappointed for terms of three years each. All members shall serve untiltheir successors are appointed and qualified. Vacancies shall be filled byappointment by the board of county commissioners for the unexpired term.Members shall serve without compensation for their services but may receivesuch traveling expenses as the board of county commissioners authorizeswhich shall be paid from any funds available for suchpurpose.

      (b)   Each zoning board and the planning commission shall meet at such timeand place as they may fix by resolution, with the approval of the board ofcounty commissioners. They shall select one of their number as chairpersonand one as vice-chairperson who shall serve one year terms and until theirsuccessor has been selected. The board of county commissioners shall employa secretary for the planning commission and each zoning board. Thesecretary shall keep a proper record of the proceedings of any such boardor commission. Special meetings may be called at any time by thechairperson or in the chairperson's absence by the vice-chairperson. Amajority of any such board or commission shall constitute a quorum for thetransaction of business. Each zoning board and the planning commissionshall cause a proper record to be kept of its proceedings.

      Each zoning board and the planning commission shall make and adopt, withthe approval of the board of county commissioners, rules for thetransaction of its business.

      The board of county commissioners may employ any employees it deemsnecessary for the work of any zoning board or the planning commission and maycontract with planners and other consultants for such services as itrequires and may incur other necessary expenses. The expenditures of countyfunds for the payment of costs and expenses of the zoning boards and theplanning commission shall at no time be in excess of the amounts budgetedand appropriated for that purpose by the board of county commissioners.

      Each zoning board and the planning commission shall perform anyadditional duties that the board of county commissioners prescribes and, inall cases, shall be subject to the jurisdiction and under the control andapproval of the board of county commissioners.

      (c)   The board of county commissioners, by resolution, may appoint one ormore consolidated zoning boards for two or more townships, or portionsthereof, within the county. Such resolution shall give notice of the dateand time of a public hearing to beheld on the proposed consolidation and shall be published once each weekfor two consecutive weeks in the official county newspaper. The secondpublication shall be no sooner than 10 days prior to the public hearing.Any consolidated boards shall consist of notless than five nor more than nine members who shall be residents of thetownships, or portions thereof, included in the territory which is subjectto the consolidated boards' jurisdiction. Membership in the board shall bedetermined by the board of county commissioners. The members firstappointed by the board of county commissioners shall be appointed for termsof one, two and three years. The terms shall be divided equally or asnearly equally as possible among the members. Thereafter members shall beappointed for terms of three years each. All members shall serve untiltheir successors are appointed and qualified. Vacancies shall be filled byappointment by the board of county commissioners for the unexpired term.Members shall serve without compensation for their services, but mayreceive such traveling expenses as the board of county commissionersauthorizes which shall be paid from any funds available for such purpose.

      Upon the appointment of any consolidated zoning boards, any separateboard which was established for the purpose of recommending rezonings orconditional use permits for any territory included within the territorysubject to the jurisdiction of such consolidated boards, shall be dissolvedby order of the board of county commissioners. Zoning boards for townshipsnot affected by a resolution creating a consolidated zoning board, oraffected only in part by such a resolution, may continue operating asoriginally established, as determined by the board of county commissioners.

      The consolidated zoning boards shall meet, select officers and keeprecords in the same manner as provided for township zoning boards createdunder subsection (a) of this section. Such boards shall have the samepowers and duties as prescribed for township zoning boards insofar as thesame may be made applicable and shall perform any additional duties whichthe board of county commissioners prescribes and, in all cases, shall besubject to the jurisdiction and under the control and approval of the boardof county commissioners.

      History:   L. 1984, ch. 96, § 2; May 3.