§ 17-79-505 — Zoning districts.

(1) (1)(a) The legislative body may divide the territory over which it has jurisdiction into zoning districts of a number, shape, and area that it considers appropriate to carry out the purposes of this chapter.
(1)(b) Within those zoning districts, the legislative body may regulate and restrict the erection, construction, reconstruction, alteration, repair, or use of buildings and structures, and the use of land.
(1)(c) A county may enact an ordinance regulating land use and development in a flood plain or potential geologic hazard area to:
(1)(c)(i) protect life; and
(1)(c)(ii) prevent:
(1)(c)(ii)(A) the substantial loss of real property; or
(1)(c)(ii)(B) substantial damage to real property.
(1)(d) A county of the second, third, fourth, fifth, or sixth class may not adopt a land use ordinance requiring a property owner to revegetate or landscape a single family dwelling disturbance area unless the property is located in a flood zone or geologic hazard except as required in Title 19, Chapter 5, Water Quality Act, to comply with federal law related to water pollution.
(2) The legislative body shall ensure that the regulations are uniform for each class or kind of buildings throughout each zone, but the regulations in one zone may differ from those in other zones.
(3) (3)(a) There is no minimum area or diversity of ownership requirement for a zone designation.
(3)(b) Neither the size of a zoning district nor the number of landowners within the district may be used as evidence of the illegality of a zoning district or of the invalidity of a county decision.
(4) A county may by ordinance exempt from specific zoning district standards a subdivision of land to accommodate the siting of a public utility infrastructure.

Legislative History

Renumbered and Amended by Chapter 14, 2025 Special Session 1