§ 40-47-06 — Zoning commission - Appointment - Duties - Preliminary and final report

The governing body of a city desiring to avail itself of the powers conferred by this chapter
shall appoint a commission, to be known as the zoning commission, to recommend the
boundaries of the various original districts and appropriate regulations to be enforced therein. In
addition to the members appointed by the city, the zoning commission shall include at least one
person residing outside of the corporate limits of a city having a population of less than five
thousand, two persons residing outside the corporate limits of a city having a population of five
thousand or more, but less than twenty-five thousand, or three persons residing outside the
corporate limits of a city having a population of twenty-five thousand or more if zoning authority
is exercised pursuant to section 40-47-01.1. Such persons shall be appointed by the board or
boards of county commissioners of the county or counties within which such zoning authority is
to be exercised and shall reside within the territorial limits of the zoning regulation authority
exercised by the city, if such persons are available and will serve on the zoning commission. Of
the members of the commission appointed by a board or boards of county commissioners
pursuant to this section, the first member appointed shall hold office for five years, the second
member appointed shall hold office for three years, and the third member appointed shall hold
office for one year. Thereafter, the members shall be appointed for terms of five years. Such
commission shall make a preliminary report and hold public hearings thereon before submitting
its final report. The governing body shall not hold its public hearings or take action until it has
received the final report of the zoning commission. If a city has a planning commission, it may
be appointed as the zoning commission.