12-756.Same; zoning; zones or districts; procedure to establish; notice
and hearing.
(a) Before any city or county establishes any zone or district or regulates or
restricts the use of buildings or land therein, the governing body shall
require the planning commission to recommend the nature and number of zones or
districts which it deems necessary and the boundaries of the same and
appropriate regulations or restrictions to be enforced therein. Except as
provided in the zoning regulations, all such regulations shall be uniform for
each class or kind of building or land uses throughout each district, but the
regulations in one district may differ from those in other districts and
special uses may be designated within each district with conditions attached.
(b) Upon the development of proposed zoning regulations, the planning
commission shall hold a public hearing thereon. Notice of such public hearing
shall be published at least once in the official city newspaper in the case of
a city or in the official county newspaper in the case of a county at least 20
days 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 official
county newspapers. Such notice shall fix the time and place for such hearing
and shall describe such proposal in general terms. The hearing may be
adjourned from time to time and at the conclusion of the same, the planning
commission shall prepare its recommendations and by an affirmative vote of a
majority of the entire membership of the commission adopt the same in the form
of proposed zoning regulations and shall submit the same, together with the
written summary of the hearing thereon, to the governing body. The governing
body either may: (1) Approve such recommendations by the adoption of the same
by ordinance in a city or resolution in a county; (2) override the planning
commission's recommendations by a 2/3 majority vote of the membership of the
governing body; or (3) may return the same to the planning commission for
further consideration, together with a statement specifying the basis for the
governing body's failure to approve or disapprove. If the governing body
returns the planning commission's recommendations, the planning commission,
after considering the same, may resubmit its original recommendations
giving the reasons therefor or submit new and amended recommendations. Upon
the receipt of such recommendations, the governing body, by a simple majority
thereof, may adopt or may revise or amend and adopt such recommendations by the
respective ordinance or resolution, or the governing body need take no further
action thereon. If the planning commission fails to deliver its
recommendations to the governing body following the planning commission's next
regular meeting after receipt of the governing body's report, the governing
body shall consider such course of inaction on the part of the planning
commission as a resubmission of the original recommendations and proceed
accordingly. The proposed zoning regulations and any amendments thereto shall
become effective upon publication of the respective adopting ordinance or
resolution.
(c) The provisions of this section shall become effective on and after
January 1, 1992.
12-756.Same; zoning; zones or districts; procedure to establish; notice
and hearing.
(a) Before any city or county establishes any zone or district or regulates or
restricts the use of buildings or land therein, the governing body shall
require the planning commission to recommend the nature and number of zones or
districts which it deems necessary and the boundaries of the same and
appropriate regulations or restrictions to be enforced therein. Except as
provided in the zoning regulations, all such regulations shall be uniform for
each class or kind of building or land uses throughout each district, but the
regulations in one district may differ from those in other districts and
special uses may be designated within each district with conditions attached.
(b) Upon the development of proposed zoning regulations, the planning
commission shall hold a public hearing thereon. Notice of such public hearing
shall be published at least once in the official city newspaper in the case of
a city or in the official county newspaper in the case of a county at least 20
days 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 official
county newspapers. Such notice shall fix the time and place for such hearing
and shall describe such proposal in general terms. The hearing may be
adjourned from time to time and at the conclusion of the same, the planning
commission shall prepare its recommendations and by an affirmative vote of a
majority of the entire membership of the commission adopt the same in the form
of proposed zoning regulations and shall submit the same, together with the
written summary of the hearing thereon, to the governing body. The governing
body either may: (1) Approve such recommendations by the adoption of the same
by ordinance in a city or resolution in a county; (2) override the planning
commission's recommendations by a 2/3 majority vote of the membership of the
governing body; or (3) may return the same to the planning commission for
further consideration, together with a statement specifying the basis for the
governing body's failure to approve or disapprove. If the governing body
returns the planning commission's recommendations, the planning commission,
after considering the same, may resubmit its original recommendations
giving the reasons therefor or submit new and amended recommendations. Upon
the receipt of such recommendations, the governing body, by a simple majority
thereof, may adopt or may revise or amend and adopt such recommendations by the
respective ordinance or resolution, or the governing body need take no further
action thereon. If the planning commission fails to deliver its
recommendations to the governing body following the planning commission's next
regular meeting after receipt of the governing body's report, the governing
body shall consider such course of inaction on the part of the planning
commission as a resubmission of the original recommendations and proceed
accordingly. The proposed zoning regulations and any amendments thereto shall
become effective upon publication of the respective adopting ordinance or
resolution.
(c) The provisions of this section shall become effective on and after
January 1, 1992.
12-756.Same; zoning; zones or districts; procedure to establish; notice
and hearing.
(a) Before any city or county establishes any zone or district or regulates or
restricts the use of buildings or land therein, the governing body shall
require the planning commission to recommend the nature and number of zones or
districts which it deems necessary and the boundaries of the same and
appropriate regulations or restrictions to be enforced therein. Except as
provided in the zoning regulations, all such regulations shall be uniform for
each class or kind of building or land uses throughout each district, but the
regulations in one district may differ from those in other districts and
special uses may be designated within each district with conditions attached.
(b) Upon the development of proposed zoning regulations, the planning
commission shall hold a public hearing thereon. Notice of such public hearing
shall be published at least once in the official city newspaper in the case of
a city or in the official county newspaper in the case of a county at least 20
days 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 official
county newspapers. Such notice shall fix the time and place for such hearing
and shall describe such proposal in general terms. The hearing may be
adjourned from time to time and at the conclusion of the same, the planning
commission shall prepare its recommendations and by an affirmative vote of a
majority of the entire membership of the commission adopt the same in the form
of proposed zoning regulations and shall submit the same, together with the
written summary of the hearing thereon, to the governing body. The governing
body either may: (1) Approve such recommendations by the adoption of the same
by ordinance in a city or resolution in a county; (2) override the planning
commission's recommendations by a 2/3 majority vote of the membership of the
governing body; or (3) may return the same to the planning commission for
further consideration, together with a statement specifying the basis for the
governing body's failure to approve or disapprove. If the governing body
returns the planning commission's recommendations, the planning commission,
after considering the same, may resubmit its original recommendations
giving the reasons therefor or submit new and amended recommendations. Upon
the receipt of such recommendations, the governing body, by a simple majority
thereof, may adopt or may revise or amend and adopt such recommendations by the
respective ordinance or resolution, or the governing body need take no further
action thereon. If the planning commission fails to deliver its
recommendations to the governing body following the planning commission's next
regular meeting after receipt of the governing body's report, the governing
body shall consider such course of inaction on the part of the planning
commission as a resubmission of the original recommendations and proceed
accordingly. The proposed zoning regulations and any amendments thereto shall
become effective upon publication of the respective adopting ordinance or
resolution.
(c) The provisions of this section shall become effective on and after
January 1, 1992.