Title 11, Title 11 — Cities and Towns

Whenever the provisions of a statute, local ordinance or regulation require a greater width or size of yards, courts or other open spaces, or require a lower height of building or less number of stories, or require a greater percentage of lot to be left unoccupied, or impose high…

In order to avail itself of the powers conferred by this article, the municipal governing body shall appoint a commission to be known as the zoning commission to recommend the boundaries of the various original districts and to recommend appropriate regulations to be enforced the…

contractor's insurance - Fees - Liability. A. Any entity that issues building permits shall, before issuance of a residential building permit, obtain a certificate of insurance from the appropriate insurer that the contractor has general liability insurance in an amount required …

residential building design elements – Rights of private parties. A. Beginning on and after the effective date of this act, a municipality, city or town shall not adopt or impose new single- family residential building design elements or implement new policies that have the effec…

Required regulations - Notice and hearing - Consideration of requests - Incorporation of other land development ordinances and statutes. A. As used in this section, "planned unit development" includes cluster housing, planned residential and nonresidential development, community …

Record of conditions. A. If a municipal zoning ordinance authorizes the consideration and approval of planned unit developments pursuant to Section 2 of this act, or otherwise provides for discretionary decisions, the regulations and standards upon which those decisions are made …

- Validity of prior approved developments. A. As used in the section, "site plan" means the documents and plans specified in the zoning ordinance needed to ensure that a proposed land use or activity is in compliance with the ordinances and applicable state and federal regulation…

use of land - Public hearing. A. As used in this act, “specific use permit” means a permit granted by a municipal governing body, after notice and a hearing and preliminary review and recommendation of a municipal planning commission, for a specific use within any zoning district…

of approval. A. If a municipal zoning ordinance authorizes the consideration and approval of a specific use permit pursuant to the provisions of this act, the regulations and standards upon which those decisions are made shall be specified in the ordinance. The standards shall be…

A. As used in this section, “site plan” means the documents and plans specified in the zoning ordinance which are needed to ensure that a proposed land use or activity is in compliance with the ordinances and applicable state and federal regulations, if any. B. The procedures and…

— Restrictions. A municipality may enter into a real estate contract for the sale, conveyance, or exchange of real property, option to purchase real property, or a lease with an option to purchase real property that includes a contingency, not to exceed one hundred eighty (180) d…

Where a municipality is exercising zoning powers, as conferred by Sections 43-101 through 43-109 of this title, the governing body of the municipality shall provide by ordinance for the appointment of a Board of Adjustment. The board of adjustment shall consist of five (5) member…

The board of adjustment shall adopt rules in accordance with the provisions of the ordinance adopted by the municipal governing body. Meetings of the board of adjustment shall be held at the call of the chairman and at such other times as the board of adjustment may determine. Th…

Hearings and compensation. In any city which has a population in excess of two hundred thousand (200,000), the board of adjustment shall hold a minimum of two regular scheduled public hearings per month, unless the city also has a board of building code appeals which holds at lea…

The board of adjustment shall have the power to: 1. hear and decide appeals if it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of any zoning ordinance; 2. hear and decide special exceptions t…

A. When exercising the powers provided for in Section 44-104 of this title, the board of adjustment, in conformity with the provisionsof the ordinance, may reverse or affirm, in whole or in part, or modify the order, requirement, decision, or determination from which appealed and…

The municipal governing body may authorize the board of adjustment to make special exceptions to specific uses allowed within each zoning category according to the zoning ordinance in appropriate cases and subject to appropriate conditions and safeguards in harmony with its gener…

A variance from the terms, standards and criteria that pertain to an allowed use category within a zoning district as authorized by the zoning ordinance may be granted, in whole, in part, or upon reasonable conditions as provided in this article, only upon a finding by the board …

A. The lawful nonconforming use of a building, structure or premises as such existed at the time of the adoption and recording of any ordinance affecting it, may be continued, although such use does not conform with the provisions of such ordinance. The municipality may provide f…

variances or exceptions. A. Notice of public hearing before the board of adjustment shall be given by publication in a newspaper of general circulation in the municipality where the property is located and by mailing written notice by the clerk of the board of adjustment to all o…

The municipal governing body shall provide by ordinance for appeals from any action or decision of an administrative officer acting pursuant to any zoning ordinance to the board of adjustment in the following manner: 1. Appeals from the action of any administrative officer to the…

A. An appeal from any action, decision, ruling, judgment or order of the board of adjustment may be taken by any person or persons who were entitled, pursuant to Section 44-108 of this title, to mailed notice of the public hearing before the board of adjustment, by any person or …

- Ordinances. A municipal governing body may appoint a municipal planning commission whenever it is deemed expedient and may pass suitable ordinances for carrying out the provisions of this article. Laws 1977, c. 256, § 45-101, eff. July 1, 1978.

Compensation. The municipal planning commission shall consist of not less than five (5) citizens, all of whom shall reside within the municipality. The members shall be nominated by the mayor and confirmed by the governing body of the municipality. Each member shall serve for a t…

Employees. The planning commission shall prepare from time to time plans for the betterment of the municipality as a place of residence or for business. It may consider and investigate any subject matter tending to the development and betterment of the municipality, and make reco…

commission review - Subdivision regulations - Rural land not served by municipal water and sewer facilities. A. Before final action may be taken by any municipality or department thereof on the location, construction, or design of any public building, statue, memorial, park, park…

municipal planning commission – Timing. Any suit to challenge any action, decision, ruling or order of the municipal planning commission under provisions of this article shall be filed with the district court within thirty (30) business days from the action, decision, ruling or o…

- Members - Compensation. Any municipality may appoint a regional planning commission. The members of the regional planning commission shall consist of the members of the municipal planning commission. The mayor, municipal engineer, chairman of the board of county commissioners, …

The regional planning commission shall have jurisdiction over a regional district which shall be construed to mean any land outside the incorporated limits of any municipality whose any one boundary, at any point, shall be within a distance of three (3) miles from the incorporate…

Employees and expenses. The regional planning commission shall prepare from time to time plans for the systematic development and betterment of the regional district for residence, manufacturing or business purposes. It may consider and investigate any subject matter tending to t…

planning commission review - Rural land not served by municipal water and sewer facilities - Punishment for violation. A. Before final action shall be taken by any municipal or county government or department thereof on the location and design of any public buildings, statue, mem…

regional planning commission – Timing. Any suit to challenge any action, decision, ruling or order of the regional planning commission under the provisions of this article shall be filed with the district court within thirty (30) days from the action, decision, ruling or order. A…

The provisions of Sections 47-101 through 47-124 of this title are applicable to all cities which have a population of not less than two hundred thousand (200,000) according to the latest federal census. The following terms, when used in this article, shall have the meanings resp…

Any municipality may make, adopt, amend, extend, add to, or carry out a municipal plan as provided in this article and create by ordinance a planning commission with the powers and duties herein set forth. The planning commission shall be designated as the city planning commissio…

The city planning commission shall consist of nine (9) members to be appointed by the mayor, if the mayor be an elective officer, otherwise by such officer as the council may designate as the appointing power in the ordinance creating the commission. In a municipality which is di…

The commission shall elect a chairman and create and fill other of its offices as it may determine. The term of chairman shall be one (1) year, with eligibility for re-election. The commission shall hold at least one regular meeting each month. It shall adopt rules for transactio…

The commission may recommend such employees as it may deem necessary for its work, whose appointment, promotion, demotion, and removal shall be subject to the same provisions of law as govern other corresponding civil employees of the municipality. The commission may also recomme…

It shall be the function and duty of the commission to make and adopt a master plan for the physical development of the municipality, including any area outside its boundaries which in the commission's judgment bear relation to the planning of the municipality. The commission may…

In preparation of the plan, the commission shall make careful and comprehensive surveys and studies of present conditions and future growth of the municipality and with due regard to its relation to neighboring territory. The plan shall be made with the general purpose of guiding…

The commission may adopt the plan as a whole by a single resolution or may by successive resolutions adopt successive parts of the plan, the parts corresponding with major geographical sections or divisions of the municipality or with functional subdivisions of the subject matter…

Whenever the commission shall have adopted the master plan of the municipality or of one or more major sections or districts thereof no street, square, park, or other public way, ground, or open space, or public building or structure, or other government enterprise, shall be cons…

Any action of the commission as set forth in any report, recommendation, order or decision of the commission, which, by law, is required to be submitted to the council for approval, disapproval or further action, may be overruled by the council only by the vote of not less than a…

The commission shall have power to promote public interest in and understanding of the plan and to that end may publish and distribute copies of the plan or of any report and may employ other means of publicity and education as it may determine. Members of the commission, when du…

commission. In order to avoid a multiplicity of boards and commissions and to avoid a duplication of functions, the council may transfer to the city planning commission all of the powers and duties of any zoning commission or planning commission now existing and may authorize the…

After a city planning commission is organized, all maps, plats, replats, and subdivisions of land into lots, blocks, streets and alleys shall be submitted to the commission, and no map or plat of land within the jurisdiction of the commission shall be filed or recorded until it s…

A. Before the commission may exercise jurisdiction over subdivision of land, it shall adopt regulations governing the subdivision of land within its jurisdiction. The regulations may provide for the proper arrangement of streets in relation to other existing or planned streets an…

The commission shall approve or disapprove a plat within thirty (30) days after it has been submitted to the commission; otherwise the plat shall be deemed to have been approved, and a certificate to that effect shall be issued by the commission on demand. The applicant for the c…

A. No plat, replat, or subdivision of land within the jurisdiction of the commission shall be entitled to record unless it bears the written approval of the commission. No deed referring to the unapproved plat shall be entitled to record and, if recorded, shall not import notice.…

The municipality shall not accept, lay out, open, improve, grade, pave, curb, or light any street, or lay or authorize water mains or sewers or utility connections to be laid in any street, within any portion of territory for which the commission shall have adopted a major street…

After the city planning commission has adopted a major street plan of the territory within its subdivision jurisdiction or part thereof, no building shall be erected on any lot within the territory or part, nor shall a building permit be issued therefor unless the street giving a…