At the discretion of the board or boards of county commissioners, a lake area planning commission may be designated as the zoning commission, for the purpose of establishing and administering zoning regulations within its jurisdiction.

In the event that a board or boards of county commissioners elects to use the grant of zoning power herein provided, a board of adjustment, with the powers and duties established by Sections 866.23 and 866.24 of this title, shall be created. The board of adjustment shall be composed of five (5) members, all of whom shall reside within the jurisdiction of the lake area planning commission. The members shall be appointed in concert by all governing bodies participating in the planning commission.

The board of adjustment shall elect a chairman and other officers as it may deem appropriate from among its members and shall adopt rules and procedures for the conduct of its business.

Zoning regulations established pursuant to this act (a) shall be made in accordance with, and subsequent to, the preparation and adoption of a comprehensive plan for the desired jurisdictional area; (b) shall be adopted for the entire jurisdictional area of the appropriate governing body; (c) shall be uniform for each class or kind of building throughout each zoning district, provided, each zoning district may contain different regulations; (d) shall be adopted, amended or changed in accordance with the notice and public hearing requirements which apply to municipalities under Sections 43-104, 43-105 and 43-106 of Title 11; and (e) may be enforced by appropriate actions, including the use of injunction for violations of the regulations.

The zoning power conferred herein shall not apply to the erection or use of the usual farm buildings for agricultural purposes, or to the planting of agricultural crops.

The lake area planning commission, when (a) properly formed, (b) designated as a zoning commission, and (c) operating as a joint commission with a metropolitan area planning commission, shall be authorized, at the discretion of the board or boards of county commissioners, to exercise zoning powers and duties as provided in Sections 866.16, 866.17, 866.18, 866.19, 866.20, 866.21, 866.22, 866.23, 866.24, 866.25 and 866.30 of this title.

Added by Laws 1982, c. 183, § 7.