Idaho State Statutes - Idaho Attorney Directory

PLANNING AND ZONING COMMISSION -- CREATION -- MEMBERSHIP --
ORGANIZATION -- RULES -- RECORDS -- EXPENDITURES -- STAFF. A city council or
board of county commissioners, hereafter referred to as a governing board, may
exercise all of the powers required and authorized by this chapter in
accordance with this chapter. If a governing board chooses to exercise the
powers required and authorized by this chapter it need not follow the
procedural requirements established hereby solely for planning and zoning
commissions. If a governing board does not elect to exercise the powers
conferred by this chapter, it shall establish by ordinance adopted, amended,
or repealed in accordance with the notice and hearing procedures provided in
section 67-6509, Idaho Code, a planning commission and a zoning commission or
a planning and zoning commission acting in both capacities, which may act with
the full authority of the governing board, excluding the authority to adopt
ordinances or to finally approve land subdivisions. The powers of the board of
county commissioners conferred by this chapter shall apply to the
unincorporated area of the county. Legally authorized planning, zoning, or
planning and zoning commissions existing prior to enactment of this chapter
shall be considered to be duly constituted under this chapter. Within this
chapter use of the term "planning and zoning commission" shall include the
term "planning commission," "zoning commission" and "planning and zoning
commission."
(a) Membership -- Each commission shall consist of not less than three
(3) nor more than twelve (12) voting members, all appointed by a mayor or
chairman of the county board of commissioners and confirmed by majority vote
of the governing board. An appointed member of a commission must have resided
in the county for at least two (2) years prior to his appointment, and must
remain a resident of the county during his service on the commission. Not more
than one-third (1/3) of the members of any commission appointed by the
chairman of the board of county commissioners may reside within an
incorporated city of one thousand five hundred (1,500) or more population in
the county. At least one-half (1/2) of the members of any commission appointed
by the chairman of the board of county commissioners must reside outside the
boundaries of any city's area of impact. The ordinance establishing a
commission to exercise the powers under this chapter shall set forth the
number of members to be appointed. The term of office for members shall be not
less than three (3) years, nor more than six (6) years, and the length of term
shall be prescribed by ordinance. No person shall serve more than two (2) full
consecutive terms without specific concurrence by two-thirds (2/3) of the
governing board adopted by motion and recorded in the minutes. Vacancies
occurring otherwise than through the expiration of terms shall be filled in
the same manner as the original appointment. Members may be removed for cause
by a majority vote of the governing board. Members shall be selected without
respect to political affiliation and may receive such mileage and per diem
compensation as provided by the governing board. If a governing board
exercises these powers, its members shall be entitled to no additional mileage
or per diem compensation.
(b) Organization -- Each commission shall elect a chairman and create and
fill any other office that it may deem necessary. A commission may establish
subcommittees, advisory committees or neighborhood groups to advise and assist
in carrying out the responsibilities under this chapter. A commission may
appoint nonvoting ex officio advisors as may be deemed necessary.
(c) Rules, Records, and Meetings -- Written organization papers or bylaws
consistent with this chapter and other laws of the state for the transaction
of business of the commission shall be adopted. A record of meetings,
hearings, resolutions, studies, findings, permits, and actions taken shall be
maintained. All meetings and records shall be open to the public. At least one
(1) regular meeting shall be held each month for not less than nine (9) months
in a year. A majority of currently-appointed voting members of the commission
shall constitute a quorum.
(d) Expenditures and Staff -- With approval of a governing board through
the legally required budgetary process, the commission may receive and expend
funds, goods, and services from the federal government or agencies and
instrumentalities of state or local governments or from civic and private
sources and may contract with these entities and provide information and
reports as necessary to secure aid. Expenditures by a commission shall be
within the amounts appropriated by a governing board. Within such limits, any
commission is authorized to hire or contract with employees and technical
advisors, including, but not limited to, planners, engineers, architects, and
legal assistants.

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