CHAPTER 11-2
COUNTY PLANNING AND ZONING
11-2-1 Definition of terms.
11-2-1.1 Aggrieved persons--Requirements.
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 11-2-17.2. Repealed by SL 2004, ch 101, § 8
11-2-17.3 Conditional use of real property--Ordinance--Content--Approval or disapproval.
11-2-17.4 Conditional use defined.
11-2-17.5 Special permitted uses.
11-2-17.6 Special permitted uses--Exceptions.
11-2-17.7 Conditional use application--Impact on neighboring land.
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 11-2-23. Repealed by SL 2000, ch 69, § 16
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 11-2-25.1. Repealed by SL 2000, ch 69, § 18
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 11-2-33. Repealed by SL 1982, ch 86, § 77
11-2-34 Injunction proceedings to prevent or abate violations.
11-2-35 Mandamus proceedings instituted by taxpayer.
11-2-36 11-2-36. Repealed by SL 2000, ch 69, § 43
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 11-2-39. Repealed by SL 2011, ch 69, § 3.
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 Board of adjustment--Powers.
11-2-54 Board of adjustment--Rules.
11-2-55 Appeals--Notice--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 Reversal--Two-thirds majority vote.
11-2-60 County commissioners as board of adjustment--Powers--Chair--Two-thirds majority vote.
11-2-61 Petition to court contesting decision of board--Requirements.
11-2-61.1 Appeal of grant or denial of conditional use permit.
11-2-62 Writ of certiorari to board to review decision--Time limit--Writ not stay of proceedings--Restraining order.
11-2-62.1 Expedited determinations.
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.
11-2-65.1 Special permitted use, conditional use, variance--Expiration--Enforceability.
11-2-66 Cement Plant Commission property zoned as private business.