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4 1975
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<br />Ch. 163 INTERGOVERNMENTAL PROGRAMS
<br />spaces;
<br />(d) Percentage of lot that may be occupied;
<br />(e) Density of population;
<br />(f) Conditions under which various classes
<br />of nonconformities may continue, including au-
<br />thority to set fair and reasonable schedules for
<br />the elimination of nonconforming uses;
<br />(g) Use and types and sizes of structures
<br />in those areas subject to seasonal or periodic
<br />flooding, so that danger to Life and property in
<br />such areas will be minimized; and
<br />(h) Performance standards for use of prop-
<br />erty and location of structures thereon.
<br />(2) All such regulations shall be uniform
<br />throughout each district, but the regulations in
<br />,cne district may differ front those in other
<br />districts. For each district designated for the
<br />...cation of trades, callings, industries, commer-
<br />cial enterprises. residences, or buildings de-
<br />signed for specific uses, regulations may specify
<br />these uses that shall be excluded or subjected
<br />e reasonable requirements of a special nature.
<br />ices permitted in one district may be prohibited
<br />ceher districts. to the end that incornpatibil-
<br />'; of uses is minimized or eliminated. P.egu-
<br />ete and district boundaries shall protect,
<br />p: -=::e, and improve public health, safety,
<br />order, appearance, convenience, morals,
<br />&mat general welfare and shall be made with
<br />reezeriabie consideration, among other things,
<br />to :1.-e character of the districts and their spe-
<br />cie: s .i abiii • for particular uses and with a
<br />conserving property values and en-
<br />c= -=g the meat appropriate use of land
<br />"-ierte_.i•-out the area.
<br />mse'?.--azo. e3. 69-133.
<br />16,1210 Zoning; procedure for establishing
<br />de.:.ct boundaries; adoption of regulations.—
<br />aIt TENTATIVE REPORT BY COMMIS-
<br />SION.—Tentative recommendations as to the
<br />"^':.: daries of districts and the regulations to
<br />.e enforced therein may be prepared by the
<br />cc:emssion on its own initiative or at the
<br />request of the governing body. The commis-
<br />s:cn shall hold public preliminary hearings
<br />and conferences at such times and places and
<br />upon such notice as it may determine to be
<br />necessary to inform itself and the public in
<br />the preparation of the tentative report. The
<br />tentative report, which shall include the pro-
<br />posed zoning ordinance with maps and other
<br />explanatory materials, shall be made to the
<br />governing body by the commission.
<br />(2) ACTIOti EY GOVERNING BODY.—
<br />Within thirty days or such reasonable times
<br />as shall be agreed upon, the governing body
<br />or bodies of the area shall consider the tenta-
<br />tive report of the planning commission and
<br />shall return it, with any sug„ estions a- ;
<br />recornme.lations, to the commission so Ce..t
<br />the commission may prepare a final report. No
<br />ordinance under the authority of • this part
<br />shalt be passed until after the final report
<br />of the commission has been received by the
<br />governing body. .
<br />(Z, FINAL REPORT AND ACTION.—The
<br />Ch. 16
<br />commission shall then make a final report t<
<br />the governing body. Such final report shall not
<br />be made by the commission until it has con.
<br />sidered the recommendations and suggestions
<br />of the governing body and until it has held al
<br />least one public hearing, with due public no.
<br />tice. The commission may hold such additional
<br />hearings as it may consider desirable. After
<br />the final report has been submitted by the
<br />commission. the governing body shall afford
<br />all interested persons an opportunity to be
<br />heard with reference to the proposed zoning
<br />ordinance at a public hearing with due public
<br />notice before adopting said ordinance.
<br />8I34.47.—f11, c4 63-13a.
<br />163.215 Zoning; supplementing or amend-
<br />ing the zoning ordinance.—
<br />(1) The governing body may amend or
<br />supplement the regulations and districts fixed
<br />by any zoning ordinance adopted pursuant to
<br />this part after referral .and recommendations
<br />of the commission. Proposed changes may be
<br />suggested by the governing body. m
<br />by the com-
<br />mission, or by petition of the owners of fifty-
<br />one percent or more of the area involved in
<br />the .proposed change. In the latter case, the
<br />petitioners may be required to assume the
<br />cost of public notice and other costs incidental
<br />to the holding of public hearings.
<br />(2) The planning commission, regardless
<br />of the source of the proposed change, shall
<br />hold a public hearing or hearings thereon,
<br />with due public notice, but shall in any case,
<br />if any change is to be considered by the corn -
<br />mission, submit in writing its recommendations
<br />on the proposed change to the governing b•>dy
<br />for official action. The governing body shalt
<br />hold a public hearing thereon, with due public
<br />notice, if any change is to be considered and
<br />shall then act on the proposed change. If the
<br />recommendation of the commission is adverse
<br />to the proposed change, such change shall not
<br />become etiective except by an affirmative vote
<br />of a majority of the entire membership of the
<br />governing body, after due public notice.
<br />eusiese.--ft:, ee. 69-179.
<br />163.220 Board of adjustment; creation and
<br />composition; terms; officers; etc.—
<br />(1) CREATION AND COMPOSITION. --As
<br />part of tha zoning ordinance, the governing
<br />body shall create a board of adjustment. The
<br />board of adjustment shall have not less than
<br />five nor more than ten members. Members of
<br />the board of adjustme.nt shall be appointed
<br />by the governing body. In addition, the gov-
<br />erning body may appoint not more than two
<br />alternate members, designating them as such.
<br />Such alternate members may act in the tem-
<br />porary absence or disability of any regular
<br />member, or may act when a regular member
<br />is otherwise disqualified in a particular cs_e
<br />that may be presented to the board. Ne mem-
<br />ber or alternate member of the board of .ad-
<br />justment shall be a paid or elected otic! al or
<br />employee of '':e governing body invoiv?d.
<br />i 0.F
<br />(2) TER: OFFICE, RF. i0Vf+I, i• ::C•'+.r
<br />658
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