9-462. Definitions; general provisions concerning evidence A. In this article, unless the context otherwise requires: 1. " Board of adjustment" means the official body designated by local ordinance to hear and decide applications for variances from the terms of the zoning ordinance and appeals from the decision of the zoning administrator. 2. " Municipal" or […]
9-462.01. Zoning regulations; public hearing; definitions A. Pursuant to this article, the legislative body of any municipality by ordinance, in order to conserve and promote the public health, safety and general welfare, may: 1. Regulate the use of buildings, structures and land as between agriculture, residence, industry, business and other purposes. 2. Regulate signs and […]
9-462.02. Nonconformance to regulations; outdoor advertising change; enforcement A. The municipality may acquire by purchase or condemnation private property for the removal of nonconforming uses and structures. The elimination of such nonconforming uses and structures in a zoned district is for a public purpose. Nothing in an ordinance or regulation authorized by this article shall […]
9-462.03. Amendment procedure A. The governing body of the municipality shall adopt by ordinance a citizen review process that applies to all rezoning and specific plan applications that require a public hearing. The citizen review process shall include at least the following requirements: 1. Adjacent landowners and other potentially affected citizens will be notified of […]
9-462.04. Public hearing required; definition A. If the municipality has a planning commission or a hearing officer, the planning commission or hearing officer shall hold a public hearing on any zoning ordinance. Notice of the time and place of the hearing including a general explanation of the matter to be considered and including a general […]
9-462.05. Enforcement A. The legislative body of a municipality has authority to enforce any zoning ordinance enacted pursuant to this article in the same manner as other municipal ordinances are enforced. B. If any building structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or any building, structure or land is used in violation […]
9-462.06. Board of adjustment A. The legislative body, by ordinance, shall establish a board of adjustment, which shall consist of at least five but no more than seven members appointed by the legislative body in accordance with provisions of the ordinance, except that the ordinance may establish the legislative body as the board of adjustment. […]
9-462.07. Extraterritorial jurisdiction A. In any county not having a county zoning ordinance applicable to the unincorporated territory, the legislative body of a municipality may exercise the zoning powers granted in this article both to territory within its corporate limits and to that which extends a distance of three contiguous miles in all directions of […]
9-462.08. Hearing officer A. The legislative body of any municipality may establish the position of hearing officer and delegate to a hearing officer the authority to conduct hearings required by section 9-462.04 and on other matters as the legislative body may provide by ordinance. B. Hearing officers shall be appointed on the basis of training […]
9-462.09. Assisted living homes; distance requirements; administrative procedure; notice; definition A. If a municipality has a zoning ordinance that restricts the distance between assisted living homes, the municipality shall establish an administrative procedure in which a deviation from the separation requirement may be granted as a reasonable accommodation under the fair housing act (P.L. 90-281; […]
