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CHAPTER 11-2

COUNTY PLANNING AND ZONING

11-2-1      Definition of terms.
11-2-2      Appointment of county planning commission--Number of members--Acting as zoning commission.
11-2-3      Term of office of appointed commission members--Removal for cause--Ex officio members.
11-2-3.1      Meetings of planning commission.
11-2-3.2      Per diem and expenses of commission.
11-2-3.3      Information furnished by public officials--Examinations and surveys--General powers of commission.
11-2-4      Employment of planning staff--Contracts for planning services.
11-2-5      Joint planning by counties--Sharing of expenses--Objectives of joint planning.
11-2-6      Grants from and agreements with federal and state agencies.
11-2-7      Contracts to provide planning and zoning services to municipalities--Municipal powers exercised by county board.
11-2-8      Joint county-municipal planning activities--County planning commission as municipal planning commission.
11-2-9      Funds, equipment, and accommodations provided by county--Expenses of planning commission members.
11-2-10      Temporary zoning controls--Purpose--Notice and public hearing required--Duration of controls--Renewal.
11-2-10.1      Injunction available against temporary zoning control--Grounds for injunction.
11-2-11      Preparation of comprehensive county plan and official controls--Municipalities included.
11-2-12      Purposes of comprehensive county plan.
11-2-13      Adoption of zoning ordinance.
11-2-14      Division of county into zoning districts--Matters regulated--Special considerations.
11-2-15      Highway, road and street maps--Features included--Setbacks.
11-2-16      Maps for public buildings and facilities--Protection of future sites.
11-2-17      Land development and subdivision regulations--Dedications for public purposes.
11-2-17.1      Permanent subdivision ordinances enacted by county commissioners--Counties with comprehensive plans exempted--Notice and hearing requirements.
11-2-17.2      Repealed.
11-2-17.3      Ordinance authorizing conditional use of real property--Content--Approval or disapproval of request.
11-2-17.4      Conditional use defined.
11-2-17.5      Process for certification of certain conditional uses upon meeting specified criteria.
11-2-18      Planning commission hearings--Notice--Recommendations.
11-2-19      Publication of notice of hearing.
11-2-20      Action upon comprehensive plan by resolution or ordinance--Majority vote of board required.
11-2-20.1      Coordinating comprehensive plan with federal resource management plans.
11-2-21      Filing of board action adopting comprehensive plan--Publication of notice of fact of adoption--Public inspection.
11-2-22      Referendum on comprehensive plan, zoning ordinance, or subdivision ordinance--Land uses suspended until referendum completed.
11-2-22.1      Revision of plan, zoning ordinance, or subdivision ordinance after rejection by voters.


11-2-23      Repealed.
11-2-24      Construction to be approved by planning commission when covered by comprehensive plan--County commissioners overruling commission's disapproval.
11-2-24.1      Approval by failure of planning commission to act in time--Exception if longer period granted.
11-2-25      Enforcement provided by county commissioners.
11-2-25.1      Repealed.
11-2-26      Continuance of nonconforming uses permitted--Discontinuance.
11-2-27      Regulations for control and elimination of nonconforming uses--Continuation of existing uses--Gradual elimination of discontinued nonconforming uses.
11-2-28      Changes in comprehensive county plan--Initiation by board or petition of landowners.
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.
11-2-28.2      Public hearing on petition by landowners--Consideration and recommendation by county planning commission.
11-2-28.3      Sign to notify public about petition and hearing on zoning change or conditional use permit.
11-2-29      Hearing on proposed change--Notice.
11-2-30      Adoption or rejection by board--Publication--Referendum provisions applicable.
11-2-31      Preparation by county commission of municipal plans and ordinances--Adoption by municipality.
11-2-32      Municipal planning and zoning powers unimpaired--Area of joint zoning authority.
11-2-33      Repealed.
11-2-34      Injunction proceedings to prevent or abate violations.
11-2-35      Mandamus proceedings instituted by taxpayer.
11-2-36      Repealed.
11-2-37      Special zoning area--Establishment or enlargement--Prohibition where comprehensive plans or zoning ordinances adopted.
11-2-37.1      Proposed special zoning area defined.
11-2-38      Survey and map of territory to be zoned--Affidavit.
11-2-39      Repealed.
11-2-40      Public examination of survey and map.
11-2-41      Verified petition--Signatures required--Filing--Proposal by board resolution--Notice--Hearing.
11-2-42      Order declaring territory a special zoning area with voters' assent--Notice of election.
11-2-43      Notice by publication and by posting.
11-2-44      Voting hours.
11-2-45      Judges of election appointed--Election costs and supplies.
11-2-46      Form of ballot--Majority vote required.
11-2-47      Verified statement of number of ballots and votes--Hearing on board proposal--Order incorporating special zoning area.
11-2-47.1      Referendum on incorporation of special zoning area.
11-2-47.2      Special zoning area commission or planning and zoning commission to have jurisdiction.
11-2-47.3      Special zoning area commission member appointment--Terms--Removal.
11-2-48      County funds authorized for payment of costs.
11-2-49      Appointment of board of adjustment or commission as board of adjustment--Rules--Variances to terms of ordinance.
11-2-50      Board of adjustment--Composition--Vacancies--Alternates.
11-2-51      Meetings of board of adjustment--Powers of chair--Meetings public.
11-2-52      Minutes of board meetings--Filing--Destruction of records.
11-2-53      Powers of board of adjustment.
11-2-54      Board of adjustment--Rules.
11-2-55      Appeal to board of adjustment--Notice of appeal--Records transmitted--Expedited process.
11-2-56      Stay of proceedings pending appeal--Exceptions.
11-2-57      Public hearing of appeal--Notice.
11-2-58      Decisions of board.
11-2-59      Two-thirds majority required.
11-2-60      County commissioners as board of adjustment--Powers and duties--Chair--Two-thirds majority required.
11-2-61      Petition to court contesting decision of board.
11-2-62      Writ of certiorari to board to review decision--Time limit--Writ not stay of proceedings--Restraining order.
11-2-63      Board may return certified copies of papers--Grounds of decision set forth.
11-2-64      Court may take evidence.
11-2-65      Court may reverse or affirm decision of board--Costs.
11-2-66      Cement Plant Commission property zoned as private business.
11-2-67      Repealed.


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