§ 40-48-03 — Planning commission - Creation - Members - Ex officio members

The governing body of any city may create, by ordinance, a planning commission to consist
of not more than ten members to be appointed by the executive officer of the city with the
approval of its governing body. In addition to the members appointed by the city, the planning
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 subdivision authority is to be exercised and shall reside within the territorial
limits of the subdivision regulation authority exercised by the city, if such persons are available
and will serve on the planning 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. The executive officer, the engineer, and the attorney of the city
shall be ex officio members of the commission.