Chapter 2 - COUNTY PLANNING AND ZONING
- Section 11-2-NEW - [Newly enacted section not yet numbered] [Effective 7/1/2024]
- Section 11-2-1 - Definition of terms
- Section 11-2-1.1 - Aggrieved persons-Requirements
- Section 11-2-2 - Appointment of county planning commission-Number of members-Acting as zoning commission
- Section 11-2-3 - Term of office of appointed commission members-Removal for cause-Ex officio members
- Section 11-2-3.1 - Meetings of planning commission
- Section 11-2-3.2 - Per diem and expenses of commission
- Section 11-2-3.3 - Information furnished by public officials-Examinations and surveys-General powers of commission
- Section 11-2-4 - Employment of planning staff-Contracts for planning services
- Section 11-2-5 - Joint planning by counties-Sharing of expenses-Objectives of joint planning
- Section 11-2-6 - Grants from and agreements with federal and state agencies
- Section 11-2-7 - Contracts to provide planning and zoning services to municipalities-Municipal powers exercised by county board
- Section 11-2-8 - Joint county-municipal planning activities-County planning commission as municipal planning commission
- Section 11-2-9 - Funds, equipment, and accommodations provided by county-Expenses of planning commission members
- Section 11-2-10 - Temporary zoning controls-Purpose-Notice and public hearing required-Duration of controls-Renewal
- Section 11-2-10.1 - Injunction available against temporary zoning control-Grounds for injunction
- Section 11-2-11 - Preparation of comprehensive county plan and official controls-Municipalities included
- Section 11-2-12 - Purposes of comprehensive county plan
- Section 11-2-13 - Adoption of zoning ordinance
- Section 11-2-14 - Division of county into zoning districts-Matters regulated-Special considerations
- Section 11-2-15 - Highway, road and street maps-Features included-Setbacks
- Section 11-2-16 - Maps for public buildings and facilities-Protection of future sites
- Section 11-2-17 - Land development and subdivision regulations-Dedications for public purposes
- Section 11-2-17.1 - Permanent subdivision ordinances enacted by county commissioners-Counties with comprehensive plans exempted-Notice and hearing requirements
- Section 11-2-17.2 - [Repealed]
- Section 11-2-17.3 - Conditional use of real property-Ordinance-Content-Approval or disapproval
- Section 11-2-17.4 - Conditional use defined
- Section 11-2-17.5 - Special permitted uses
- Section 11-2-17.6 - Special permitted uses-Exceptions
- Section 11-2-17.7 - Conditional use application-Impact on neighboring land
- Section 11-2-18 - Planning commission hearings-Notice-Recommendations
- Section 11-2-19 - Publication of notice of hearing
- Section 11-2-20 - Action upon comprehensive plan by resolution or ordinance-Majority vote of board required
- Section 11-2-20.1 - Coordinating comprehensive plan with federal resource management plans
- Section 11-2-21 - Filing of board action adopting comprehensive plan-Publication of notice of fact of adoption-Public inspection
- Section 11-2-22 - Referendum on comprehensive plan, zoning ordinance, or subdivision ordinance-Land uses suspended until referendum completed
- Section 11-2-22.1 - Revision of plan, zoning ordinance, or subdivision ordinance after rejection by voters
- Section 11-2-23 - [Repealed]
- Section 11-2-24 - Construction to be approved by planning commission when covered by comprehensive plan-County commissioners overruling commission's disapproval
- Section 11-2-24.1 - Approval by failure of planning commission to act in time-Exception if longer period granted
- Section 11-2-25 - Enforcement provided by county commissioners
- Section 11-2-25.1 - [Repealed]
- Section 11-2-26 - Continuance of nonconforming uses permitted-Discontinuance
- Section 11-2-27 - Regulations for control and elimination of nonconforming uses-Continuation of existing uses-Gradual elimination of discontinued nonconforming uses
- Section 11-2-28 - Changes in comprehensive county plan-Initiation by board or petition of landowners
- Section 11-2-28.1 - Petition by individual landowner for change in zoning-Notice to abutting and adjoining landowners-Notice to county auditor of adjacent county
- Section 11-2-28.2 - Public hearing on petition by landowners-Consideration and recommendation by county planning commission
- Section 11-2-28.3 - Sign to notify public about petition and hearing on zoning change or conditional use permit
- Section 11-2-29 - Hearing on proposed change-Notice
- Section 11-2-30 - Adoption or rejection by board-Publication-Referendum provisions applicable
- Section 11-2-31 - Preparation by county commission of municipal plans and ordinances-Adoption by municipality
- Section 11-2-32 - Municipal planning and zoning powers unimpaired-Area of joint zoning authority
- Section 11-2-33 - [Repealed]
- Section 11-2-34 - Injunction proceedings to prevent or abate violations
- Section 11-2-35 - Mandamus proceedings instituted by taxpayer
- Section 11-2-36 - [Repealed]
- Section 11-2-37 - Special zoning area-Establishment or enlargement-Prohibition where comprehensive plans or zoning ordinances adopted
- Section 11-2-37.1 - Proposed special zoning area defined
- Section 11-2-38 - Survey and map of territory to be zoned-Affidavit
- Section 11-2-39 - [Repealed]
- Section 11-2-40 - Public examination of survey and map
- Section 11-2-41 - Verified petition-Signatures required-Filing-Proposal by board resolution-Notice-Hearing
- Section 11-2-42 - Order declaring territory a special zoning area with voters' assent-Notice of election
- Section 11-2-43 - Notice by publication and by posting
- Section 11-2-44 - Voting hours
- Section 11-2-45 - Judges of election appointed-Election costs and supplies
- Section 11-2-46 - Form of ballot-Majority vote required
- Section 11-2-47 - Verified statement of number of ballots and votes-Hearing on board proposal-Order incorporating special zoning area
- Section 11-2-47.1 - Referendum on incorporation of special zoning area
- Section 11-2-47.2 - Special zoning area commission or planning and zoning commission to have jurisdiction
- Section 11-2-47.3 - Special zoning area commission member appointment-Terms-Removal
- Section 11-2-48 - County funds authorized for payment of costs
- Section 11-2-49 - Appointment of board of adjustment or commission as board of adjustment-Rules-Variances to terms of ordinance
- Section 11-2-50 - Board of adjustment-Composition-Vacancies-Alternates
- Section 11-2-51 - Meetings of board of adjustment-Powers of chair-Meetings public
- Section 11-2-52 - Minutes of board meetings-Filing-Destruction of records
- Section 11-2-53 - Board of adjustment-Powers
- Section 11-2-54 - Board of adjustment-Rules
- Section 11-2-55 - Appeals-Notice-Records transmitted-Expedited process
- Section 11-2-56 - Stay of proceedings pending appeal-Exceptions
- Section 11-2-57 - Public hearing of appeal-Notice
- Section 11-2-58 - Decisions of board
- Section 11-2-59 - Reversal-Two-thirds majority vote
- Section 11-2-60 - County commissioners as board of adjustment-Powers-Chair-Two-thirds majority vote
- Section 11-2-61 - Petition to court contesting decision of board-Requirements
- Section 11-2-61.1 - Appeal of grant or denial of conditional use permit
- Section 11-2-62 - Writ of certiorari to board to review decision-Time limit-Writ not stay of proceedings-Restraining order
- Section 11-2-62.1 - Expedited determinations
- Section 11-2-63 - Board may return certified copies of papers-Grounds of decision set forth
- Section 11-2-64 - Court may take evidence
- Section 11-2-65 - Court may reverse or affirm decision of board-Costs
- Section 11-2-65.1 - Special permitted use, conditional use, variance-Expiration-Enforceability
- Section 11-2-66 - Cement Plant Commission property zoned as private business
- Section 11-2-67 - [Repealed]