Title 13, Public Planning And Housing

(a) It is the further duty of a regional planning commission to promote the mutual cooperation of the planning commissions of municipalities within the region, and the coordination of the plans of such municipalities with the plan of the region, and generally to confer with and a…

From and after the time of the creation and defining by the department of economic and community development of a planning region, and the appointment by the department of a regional planning commission of such region, thenceforth the department of transportation or any other sta…

(a) The department of economic and community development is authorized, in accordance with part 1 of this chapter, to create planning regions for unincorporated communities, to define the boundaries of such regions, and to create and establish regional planning commissions for su…

The community planning commissions shall be granted all the powers and duties as are granted regional planning commissions and municipal planning commissions and all the powers and duties as set forth in chapters 4 and 7 of this title.

For the purpose of enabling any community planning commission to carry out the powers and duties as set forth in chapter 7 of this title, “chief legislative body,” as used in § 13-7-201, is broadened to include the regular legislative body of any county in which any incorporated …

(a) It is the function and duty of a regional planning commission to make and adopt a general regional plan for the physical development of the territory of the region. Any such plan shall include the planning of municipal territory to the extent which, in the commissioner's judg…

The regional plan shall be made with the general purpose of guiding and accomplishing a coordinated, adjusted, efficient and economic development of the region which will, in accordance with present and future needs and resources, best promote the health, safety, morals, order, c…

A regional planning commission may adopt the regional plan as a whole by a single resolution, or, as the work of making the plan progresses, may from time to time adopt a part or parts thereof. The commission may from time to time amend, extend or add to the plan or carry any par…

(a) The regional planning commission shall certify a copy of its regional plan or any adopted part or amendment thereof or addition thereto to the department of economic and community development, to the legislative body of the county or of each county lying wholly or partly with…

(1) As used in this chapter, unless the context otherwise requires:(1) “Plat” includes plat, plan, plot or replot;(2) “Regional planning commission” means any regional planning commission established by the department of economic and community development as provided by law, and …

(a) (1) From and after the time when the regional planning commission of any region, as defined and created by the department of economic and community development, has adopted a regional plan which includes at least a major road plan or has progressed in its planning to the stat…

(a) In exercising the powers granted to it by § 13-3-402, the regional planning commission shall adopt regulations governing the subdivision of land within its jurisdiction. Such regulations may provide for the harmonious development of the region and its environs; for the coordi…

(a) The regional planning commission shall approve or disapprove a plat within sixty (60) days after the initial consideration of the plat by the regional planning commission meeting in a regularly scheduled session, unless at the end of the sixty-day period there is a holiday or…

The approval of a plat by the regional planning commission shall not be deemed to constitute or effect an acceptance by any county or by the public of the dedication of any road or other ground shown upon the plat.

From and after the time when the platting jurisdiction of any regional planning commission of any region has attached by virtue of the making and adoption of a major road plan as provided in § 13-3-402, no county or court or board or officer thereof or any other public officer or…

This part shall not apply to any subdivision, the plat of which has been registered prior to February 14, 1935.

This part shall not apply to division and plats of land partitioned by a court of competent jurisdiction. However, plats filed under § 13-3-402 shall contain the information required by § 13-3-402 even though the land has been partitioned by a court of competent jurisdiction.

This part shall not be construed as repealing or impairing any provision of any private act relating to the approval or regulation by the municipal authorities of the cities therein specified of the subdivision of land or the filing of plans, plots or replots of land lying within…

(a) (1) The owner or the agent of the owner of any land shall not:(A) Transfer or close the sale of the land by reference to, exhibition of, or by other use of a subdivision plat without first submitting a final subdivision plat to the regional planning commission and receiving t…

(a) From and after the time when the platting jurisdiction of any regional planning commission has attached as provided in § 13-3-402, no building permit shall be issued and no building shall be erected on any lot within the region, unless one (1) of the following four (4) criter…

(a) For any new subdivision development that is located in whole or in part within one thousand feet (1,000′) of any portion of the outside boundary of any land on which is contained a sport shooting range that was established, by clear and convincing evidence, constructed or ope…

(a) A regional planning commission shall have the power to promulgate provisions in its subdivision regulations and recommend amendments to the zoning ordinance for the establishment of review and approval powers for site plans and the establishment under the zoning provisions fo…

(a) For a new residential or nonresidential development that is located in whole or in part within six hundred sixty feet (660′) of the center point of a natural gas transmission pipeline that was constructed or operated prior to the development, the developer must notify the ope…

As used in this part, “developed area of single family residences” means an area generally referred to as a subdivision as indicated on a plat filed in the register of deeds office.

(a) No single family residence shall be moved from an existing foundation to another foundation located within a developed area of single family residences unless:(1) The residence to be moved is consistent with the age, value, size and appearance of existing residences within th…

(1) The residence is consistent with:(1) The age of existing residences within the developed area of single family residences, if the residence to be moved is within ten (10) years of the average age of the existing structures within the developed area;(2) (A) The value of existi…

All structural improvements that will affect the value and appearance of a residence moved to a developed area of single family residences shall be made to the residence within one (1) year of being moved into the area. If within one (1) year of that date, improvements have not b…

(a) The chief legislative body of a municipality may create a voluntary attainable housing incentive program by ordinance for the purpose of authorizing certain incentives to be provided to property owners who seek to build multi-family attainable housing. (b) Property owners mus…

(1) An ordinance creating a voluntary attainable housing incentive program enacted by the chief legislative body of a municipality must contain, at a minimum, the following:(1) A definition of attainable housing for the purposes of the program;(2) The types of multi-family housin…

(a) The voluntary attainable housing incentive program must require a property owner to provide written notice of interest for consideration under the program. A municipality shall not compel any property owner to participate in the program. (b) A potential applicant must provide…

(a) (1) The chief legislative body of any municipality, whether designated board of aldermen, board of commissioners or by other title, may create and establish a municipal planning commission. Such planning commission shall consist of not less than five (5) members and not more …

Each municipal planning commission shall elect its chair from among its appointed members. The term of the chair shall be one (1) year with eligibility for reelection. Each municipal planning commission shall adopt rules for the transaction of business which shall include, but no…

The commission may make reports and recommendations relating to the plan and development of the municipality to public officials and agencies, public utility companies, to civic, educational, professional and other organizations and to citizens. It may recommend to the executive …

Whenever the commission shall have adopted the plan of the municipality or any part thereof, then and thenceforth no street, park or other public way, ground, place or space, no public building or structure, or no public utility, whether publicly or privately owned, shall be cons…

Nothing contained in parts 1 and 2 of this chapter shall be deemed to modify or supplant any provision of any special or private statute providing for a municipal planning commission, and the provisions of any such statute relating to the organization and powers of such commissio…

It is the function and duty of the commission to make and adopt an official general plan for the physical development of the municipality, including any area outside of its boundaries which, in the commission's judgment, bears relation to the planning of the municipality. The pla…

(a) The commission may adopt the plan as a whole by a single resolution, or, as the work of making the whole plan progresses, may from time to time adopt a part or parts thereof, any such part to correspond generally with one (1) or more of the functional subdivisions of the subj…

In the preparation of the plan, the commission shall make careful and comprehensive surveys and studies of the existing conditions and future growth of the municipality and its environs. The plan shall be made with the general purpose of guiding and accomplishing a coordinated, a…

(1) As used in this part, unless the context otherwise requires:(1) “Chief legislative body” means the chief legislative body of the municipality, whether designated board of aldermen, board of commissioners or by other title;(2) “Plat” includes plat, plan, plot or replot;(3) “St…

(a) From and after the time when the planning commission of any municipality shall have adopted a master plan which includes at least a major street plan, or shall have progressed in its master planning to the stage of the making and adoption of a major street plan, and shall hav…

(a) In exercising the powers granted to it by this part, the planning commission shall adopt regulations governing the subdivision of land within the municipality. Such regulations may provide for the harmonious development of the municipality and its environs, for the coordinati…

(a) The commission shall approve or disapprove a plat within sixty (60) days after the initial consideration of the plat by the commission meeting in a regularly scheduled session, unless at the end of the sixty-day period there is a holiday or an unexpected interceding event tha…

The approval of a plat shall not be deemed to constitute or effect an acceptance by the municipality, county or public of the dedication of any street or other ground shown upon the plat.

(a) (1) The owner or the agent of the owner of any land shall not:(A) Transfer or close the sale of the land by reference to, exhibition of, or by other use of a subdivision plat without first submitting a final subdivision plat to the municipal planning commission and receiving …

From and after the time when the platting jurisdiction of any municipal planning commission has attached as provided in § 13-4-302, the municipality shall not, nor shall any public authority, accept, lay out, open, improve, grade, pave, or light any street, or lay or authorize wa…

(a) (1) From and after the time when the platting jurisdiction of any municipal planning commission has attached as provided in § 13-4-302, no building permit shall be issued and no building shall be erected on any lot within the municipality, unless one (1) of the following circ…