12-756.   Same; zoning; zones or districts; procedure to establish; noticeand hearing.(a) Before any city or county establishes any zone or district or regulates orrestricts the use of buildings or land therein, the governing body shallrequire the planning commission to recommend the nature and number of zones ordistricts which it deems necessary and the boundaries of the same andappropriate regulations or restrictions to be enforced therein. Except asprovided in the zoning regulations, all such regulations shall be uniform foreach class or kind of building or land uses throughout each district, but theregulations in one district may differ from those in other districts andspecial uses may be designated within each district with conditions attached.

      (b)   Upon the development of proposed zoning regulations, the planningcommission shall hold a public hearing thereon. Notice of such public hearingshall be published at least once in the official city newspaper in the case ofa city or in the official county newspaper in the case of a county at least 20days prior to the date of the hearing. In the case of a joint zoning board,notice of such hearing shall be published in the official city and officialcounty newspapers. Such notice shall fix the time and place for such hearingand shall describe such proposal in general terms. The hearing may beadjourned from time to time and at the conclusion of the same, the planningcommission shall prepare its recommendations and by an affirmative vote of amajority of the entire membership of the commission adopt the same in the formof proposed zoning regulations and shall submit the same, together with thewritten summary of the hearing thereon, to the governing body. The governingbody either may: (1) Approve such recommendations by the adoption of the sameby ordinance in a city or resolution in a county; (2) override the planningcommission's recommendations by a 2/3 majority vote of the membership of thegoverning body; or (3) may return the same to the planning commission forfurther consideration, together with a statement specifying the basis for thegoverning body's failure to approve or disapprove. If the governing bodyreturns the planning commission's recommendations, the planning commission,after considering the same, may resubmit its original recommendationsgiving the reasons therefor or submit new and amended recommendations. Uponthe receipt of such recommendations, the governing body, by a simple majoritythereof, may adopt or may revise or amend and adopt such recommendations by therespective ordinance or resolution, or the governing body need take no furtheraction thereon. If the planning commission fails to deliver itsrecommendations to the governing body following the planning commission's nextregular meeting after receipt of the governing body's report, the governingbody shall consider such course of inaction on the part of the planningcommission as a resubmission of the original recommendations and proceedaccordingly. The proposed zoning regulations and any amendments thereto shallbecome effective upon publication of the respective adopting ordinance orresolution.

      (c)   The provisions of this section shall become effective on and afterJanuary 1, 1992.

      History:   L. 1991, ch. 56, § 16; July 1.