§ 14-56-416 - Zoning ordinance.
14-56-416. Zoning ordinance.
(a) (1) Following adoption and filing of the land use plan, the commission may prepare for submission to the legislative body a recommended zoning ordinance for the entire area of the municipality.
(2) The ordinance shall consist of both a map and a text.
(3) (A) The ordinance may regulate the location, height, bulk, number of stories, and size of buildings; open space; lot coverage; density and distribution of population; and the uses of land, buildings, and structures.
(B) The ordinance may require off-street parking and loading.
(C) The ordinance may provide for districts, of compatible uses, for large scale unified development, for elimination of uses not in conformance with provisions of the ordinance, and for such other matters as are necessary to the health, safety, and general welfare of the municipality.
(D) The ordinance shall include provisions for administration and enforcement.
(E) (i) The ordinance shall designate districts or zones of such shape, size, or characteristics as deemed advisable.
(ii) The regulations imposed within each district or zone shall be uniform throughout the district or zone.
(b) (1) The ordinance shall provide for a board of zoning adjustment, which may either be composed of at least three (3) members, or the commission as a whole may sit as the board of zoning adjustment.
(2) The board shall have the following functions:
(A) Hear appeals from the decision of the administrative officers in respect to the enforcement and application of the ordinance, and may affirm or reverse, in whole or in part, the decision of the administrative officer;
(B) (i) (a) Hear requests for variances from the literal provisions of the zoning ordinance in instances where strict enforcement of the ordinance would cause undue hardship due to circumstances unique to the individual property under consideration, and grant such variances only when it is demonstrated that such action will be in keeping with the spirit and intent of the provisions of the ordinance.
(b) The board shall not permit, as a variance, any use in a zone that is not permitted under the ordinance.
(c) The board may impose conditions in the granting of a variance to insure compliance and to protect adjacent property.
(ii) Decisions of the board in respect to the above shall be subject to appeal only to a court of record having jurisdiction.
(3) (A) The board shall establish regular meeting dates, adopt rules for the conduct of its business, establish a quorum and procedure, and keep a public record of all findings and decisions.
(B) Each session of the board shall be a public meeting with public notice of the meeting and business to be carried on published in a newspaper of general circulation in the city, at least one (1) time seven (7) days prior to the meeting.
(c) The ordinance shall be observed through denial of the issuance of building permits and use permits.