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• Vii-iT. ./P.gp-aOj .. •R1i.��4�� • Ch. l6 3 INTERGOVERNMENTAL PROGRAMS Ch. 263 ': (4) "Governing body" means the board of county commissioners of a county, the commis• sion or council of an incorporated municipality or any other chief governing body of a unit of local government. however designated, or the combination of such bodies where joint adop- tion of the provisions of this part is accom- plished as herein provided. (5) 'Ordinance" means an official. legisla- tive. policy-making action of a governing body. When used in relation to action ,by a board of county commissioners, the term means a reso- lution of the board of county commissioners. When used in relation to action by other gov- erning bodies. the term means such appropriate official, legislative, policy-making action as is customarily taken by the governing body in- volved, regardless of the nomenclature given to such official action. (6) "Special exception" as used in connec- tion with the provisions of this part dealing with zoning, means a use that would not be appropriate generally or without restriction throughout the particular zoning district or classification, but which, if controlled as to number, area, location, cr relation to the neigh- borhood, would not adversely affect the public health, safety, comfort, good order, appearance, convenience, morals, and the general welfare. Such uses may be permitted in such zoning district or classification as special exceptions only if specific provisions and standards for such special exceptions are made in the zoning ordinance. (7) "Subdivision" means the division of a parcel of land, whether improved or unim- proved, into three or more contiguous lots or parcels of land, designated by reference to the number or symbol of the lot or parcel con- tained in the plat of such subdivision, for the purpose, whether immediate or future, of trans- fer of ownership or, if the establishment of a new street is involved. any di%ision of such parcel. However, the division of land into par- cels of more than five acres not involving any change in street lines or public easements of whatsoever kind is •not to be deemed a subdi- vision within the meaning of this part. The term includes a resubdivision and, when appro- priate to the context, relates to the process of subdividing or to the land subdivided. (8) "Variance" as used in connection with the provisions of this par dealing with zoning, means a modification of the zoning ordinance regulations when such variance will not be contrary to the public interest and when, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the ordinance would re- sult in unnecessary and undue hardship. A variance is authorized only for height, area, and size of structure or size of yards and open spaces. Establishment or expansion of a use otherwise prohibited shall not be allowed by variance .nor shall a variance be granted because of the presence of nonconformities in the zoning district or classification or in ad. P joiniin�g zoning districts or classifications. 163.175 Areas and jurisdictions which may qualify under the provisions of this part.— (1) MUNICIPALITIES AND ADJACENT AREAS.—Any incorporated municipality may exercise any or all of the powers granted under the provisions of this part in the total area within its corporate Iimits upon passage of an appropriate ordinance to that effect by the governing body. Unincorporated areas ad- jacent to incorporated municipalities may be added to and included in the area under muni- cipal unicipal jurisdiction for the purposes of this part. when the governing bodies of the municipality and the county in which the area is located shall agree as to the boundaries of such addi- tional areas, procedures for joint action. pro- cedures for administration of ordinances and regulations applying to the area. and the Man- ner of ',obtaining equitable representation on the commissions and boards provided for under this part. Such agreements shall be formally stated in appropriate official action by the gov- erning bod:es involved. (2) COCNT1ES.—Any county may exercise any of the powers granted under the provisions of this part in the total unincorporated area within its boundaries or in such unincorporated areas as are not included in any joint juris- diction with municipalities established under the provisions of subsection (1). In order to exercise any of the powers granted under the provisions of this part, the board of county commissioners of the county shall pass an or- dinance after due public notice to that effe-ct_ . (3) COMBINATIONS OF MUNICIPALI- TIS AND COUNTIES.—Combinations of in- corporated municipalities, of counties. of an incorporated municipality or municipalities and a county or counties, or an incorporated muni- cipality or municipalities and portions of a county or counties may jointly exercise the powers granted under the provisions of this part upon formal adoption of an official agree- ment by the governing bodies involved as de- scribed in subsection (1). (4) PUBLIC HEARING:—Before any muni- cipality or county. jointly or individually, may adopt the provisions of this part, there shall be at least one public hearing with due public notice held in the area involved at which time all affected persons shall be given an oppor- tunity to appear and be heard. t{id.r .-44. ch. 69-13f. 163.180 Commissions.— (1) ESTABLISHMENT AND CO3IPOSI- TIO\.—The governing bodies of counties and incorporated municipalities are hereby empow- ered. individually or in combination as provided in §163.175, to establish commissions and ap- point members thereto, the proportionate mem- bership thereof to be as agreed upon and appointed by the governmental bodies con- cerned. Elected officeholders of any of the jurisdictions involved may serve only in an 655 • • JUN • v r, r utlt ` fa^r .�s-mit • • ; • frt