(a)The county planning board, by majority vote of its entire membership, may recommend to the county quorum court the adoption, revision, or rescission of an official plan for the county or zoning, subdivision, setback, or entry control ordinances referred to as implementing ordinances in this subchapter.
(b)(1) Before the adoption or revision of an official plan or implementing ordinance, or parts thereof, the board shall hold at least one (1) public meeting on the adoption or revision. The meeting may be adjourned from time to time. Prior to the meeting, the board chair shall notify the court of the purpose and intent of the meeting in sufficient time to allow the justices to attend the meeting if they so desire. At the same time, the public shall be notified of the meeting through the
Free access — add to your briefcase to read the full text and ask questions with AI
(a) The county planning board, by majority vote of its entire membership, may recommend to the county quorum court the adoption, revision, or rescission of an official plan for the county or zoning, subdivision, setback, or entry control ordinances referred to as implementing ordinances in this subchapter. (b) (1) Before the adoption or revision of an official plan or implementing ordinance, or parts thereof, the board shall hold at least one (1) public meeting on the adoption or revision. The meeting may be adjourned from time to time. Prior to the meeting, the board chair shall notify the court of the purpose and intent of the meeting in sufficient time to allow the justices to attend the meeting if they so desire. At the same time, the public shall be notified of the meeting through the local newspapers and other media. (2) In addition, the board of directors of each school district affected by a proposed official plan or implementing ordinance shall be notified of the meeting by first class mail sufficiently in advance to allow representatives of each affected school district a reasonable opportunity to attend the public meeting and submit comments on any proposed official plan or implementing ordinance. (c) Following the public meeting and endorsement of the plan or implementing ordinances by the board, as provided in this section, it shall be forwarded to the quorum court for its consideration. The court may adopt the plan as the official plan for the county by ordinance, may modify the plan or parts of the plan, or may return the plan or parts of the plan to the board for further consideration. In the event the court modifies the plan or parts of the plan, it shall return the plan, as modified, to the board with instructions to conduct a public hearing on the modifications as provided in subsection (b) of this section. Following the hearing, the court may adopt, modify, or reject the plan as modified, whether or not the board endorses the modified plan. The same procedures shall be followed for any implementing ordinances enacted by the county. Planning and zoning recommendations initiated by the court shall be sent to the board for the public meeting as required by this subsection. (d) From and after the adoption by the court of the official county plan, no improvements shall be made or authorized and no property shall be acquired, or its acquisition authorized, by any county or public agency which has, or is likely to have, definite part in or relation to the official county plan unless the proposed location, character, and extent thereof shall have been submitted by the agency concerned to the board and a report and recommendation of the board thereon shall have been received. If the board fails to initiate deliberation on such improvement or acquisition within thirty (30) days after receipt thereof and to furnish in writing its report and recommendations upon a proposal within sixty (60) days thereafter, the agency may proceed without the report and recommendation. (e) In case any such improvement, ground, building, structure, or property is given a location or extent which does not accord with the report and recommendations of the board, the county official, department, or any other public agency having charge of the location, authorization, acquisition, or construction of it shall file in the office of the board a statement of its or his or her reasons for the departure from the report and recommendation, and such statement shall be open to public inspection. (f) The quorum court shall provide for the means of enforcing the official plan or zoning, subdivision, setback, and entry control ordinances, shall provide penalties for violations, and may seek appropriate remedies for violations. Any individual aggrieved by a violation of any such plan or ordinance may request an injunction against any individual or property owner in violation or may mandamus any official to enforce the provisions of the ordinance.