regulations; public hearing; definitions
A. Pursuant to this article, the legislative body of any municipality by
ordinance may in order to conserve and promote the public health, safety and
1. Regulate the use of buildings, structures and land as between
agriculture, residence, industry, business and other purposes.
2. Regulate signs and billboards.
3. Regulate the location, height, bulk, number of stories and size of
buildings and structures, the size and use of lots, yards, courts and other
open spaces, the percentage of a lot which may be occupied by a building or
structure, access to incident solar energy and the intensity of land use.
4. Establish requirements for off-street parking and loading.
5. Establish and maintain building setback lines.
6. Create civic districts around civic centers, public parks, public
buildings or public grounds and establish regulations therefor.
7. Require as a condition of rezoning public dedication of rights-of-way as
streets, alleys, public ways, drainage and public utilities as are reasonably
required by or related to the effect of the rezoning.
8. Establish floodplain zoning districts and regulations to protect life and
property from the hazards of periodic inundation. Regulations may include
variable lot sizes, special grading or drainage requirements, or other
requirements deemed necessary for the public health, safety or general welfare.
9. Establish special zoning districts or regulations for certain lands
characterized by adverse topography, adverse soils, subsidence
of the earth, high water table, lack of water or other natural or man-made
hazards to life or property. Regulations may include variable lot sizes,
special grading or drainage requirements, or other requirements deemed
necessary for the public health, safety or general welfare.
10. Establish districts of historical significance provided that:
(a) The ordinances may require that special permission be obtained for any
development within the district if the legislative body has adopted a plan for
the preservation of districts of historical significance which meets the
requirements of subdivision (b) of this paragraph, and the criteria contained
in the ordinance are consistent with the objectives set forth in the plan.
(b) A plan for the preservation of districts of historical significance
shall identify districts of special historical significance, state the
objectives to be sought concerning the development or preservation of sites,
area and structures within the district, and formulate a program for public
action including the provision of public facilities and the regulation of
private development and demolition necessary to realize these objectives.
(c) The ordinance establishing districts of historical significance shall
set forth standards necessary to preserve the historical character of the area
(d) The ordinances may designate or authorize any committee, commission,
department or person to designate structures or sites of special historical
significance in accordance with criteria contained in the ordinance, and no
designation shall be made except after a public hearing upon notice of the
owners of record of the property so designated. The ordinances may require that
special permission be obtained for any development respecting the structures or
11. Establish age specific community zoning districts in which residency is
restricted to a head of a household or spouse who must be of a specific age or
older and in which minors are prohibited from living in the home. Age specific
community zoning districts shall not be overlaid over property without the
permission of all owners of property included as part of the district unless
all of the property in the district has been developed, advertised and sold or
rented under specific age restrictions. The establishment of age specific
community zoning districts is subject to all of the public notice requirements
and other procedures prescribed by this article.
12. Establish procedures, methods and standards for the transfer of
development rights within its jurisdiction. Any proposed transfer of
development rights from the sending property or to the receiving property shall
be subject to the notice and hearing requirements of section 9-462.04 and shall
be subject to the approval and consent of the property owners of both the
sending and receiving property. Before any transfer of development rights, a
municipality shall adopt an ordinance providing for:
(a) The issuance and recordation of the instruments necessary to sever
development rights from the sending property and to affix development rights to
the receiving property. These instruments shall be executed by the affected
property owners and lienholders.
(b) The preservation of the character of the sending property and assurance
that the prohibitions against the use and development of the sending property
shall bind the landowner and every successor in interest to the landowner.
(c) The severance of transferable development rights from the sending
property and the delayed transfer of development rights to a receiving
(d) The purchase, sale, exchange or other conveyance of transferable
development rights prior to the rights being affixed to a receiving property.
(e) A system for monitoring the severance, ownership, assignment and
transfer of transferable development rights.
(f) The right of a municipality to purchase development rights and to hold
them for resale.
(g) The right of a municipality at its discretion to enter into an
intergovernmental agreement with another municipality or a county for the
transfer of development rights between jurisdictions. The transfer shall comply
with this paragraph, except that if the sending property is located in an
unincorporated area of a county, the approval of the development rights to be
sent to a municipality shall comply with section 11-821.03.
B. For the purposes prescribed in subsection A of this section, the
legislative body may divide a municipality, or portion of a municipality, into
zones of the number, shape and area it deems best suited to carry out the
purpose of this article and articles 6, 6.2 and 6.3 of this chapter.
C. All zoning regulations shall be uniform for each class or kind of
building or use of land throughout each zone, but the regulations in one type
of zone may differ from those in other types of zones as follows:
1. Within individual zones, there may be uses permitted on a conditional
basis under which additional requirements must be met, including requiring site
plan review and approval by the planning agency. The conditional uses are
generally characterized by any of the following:
(a) Infrequency of use.
(b) High degree of traffic generation.
(c) Requirement of large land area.
2. Within residential zones, the regulations may permit modifications to
minimum yard lot area and height requirements.
D. To carry out the purposes of this article and articles 6 and 6.2 of this
chapter, the legislative body may adopt overlay zoning districts and
regulations applicable to particular buildings, structures and land within
individual zones. For the purposes of this subsection, "overlay zoning
district" means a special zoning district that includes regulations which
modify regulations in another zoning district with which the overlay zoning
district is combined. Overlay zoning districts and regulations shall be adopted
pursuant to section 9-462.04.
E. The legislative body may approve a change of zone conditioned upon a
schedule for development of the specific use or uses for which rezoning is
requested. If at the expiration of this period the property has not been
improved for the use for which it was conditionally approved, the legislative
body, after notification by certified mail to the owner and applicant who
requested the rezoning, shall schedule a public hearing to take administrative
action to extend, remove or determine compliance with the schedule for
development or take legislative action to cause the property to revert to its
former zoning classification.
F. All zoning and rezoning ordinances or regulations adopted under this
article shall be consistent with and conform to the adopted general plan of the
municipality, if any, as adopted under article 6 of this chapter. In the case
of uncertainty in construing or applying the conformity of any part of a
proposed rezoning ordinance to the adopted general plan of the municipality,
the ordinance shall be construed in a manner that will further the
implementation of, and not be contrary to, the goals, policies and applicable
elements of the general plan. A rezoning ordinance conforms with
the land use element of the general plan if it proposes land uses, densities or
intensities within the range of identified uses, densities and intensities of
the land use element of the general plan.
G. No regulation or ordinance under this section may prevent or restrict
agricultural composting on farmland that is five or more contiguous acres and
that meets the requirements of this subsection. An agricultural composting
operation shall notify in writing the legislative body of the city or town and
the nearest fire department of the location of the composting operation. If the
nearest fire department is located in a different city or town from the
agricultural composting operation, the agricultural composting operation shall
also notify in writing the fire department of the city or town in which the
operation is located. Agricultural composting is subject to sections 3-112 and
49-141. Agricultural composting may not be conducted within one thousand three
hundred twenty feet of an existing residential use, unless the operations are
conducted on farmland or land leased in association with farmland. Any disposal
of manure shall comply with section 49-247. For the purposes of this
1. "Agricultural composting" means the controlled biological
decomposition of organic solid waste under in-vessel anaerobic or aerobic
conditions where all or part of the materials are generated on the farmland or
will be used on the farmland associated with the agricultural composting
2. "Farmland" has the same meaning prescribed in section 3-111 and
is subject to regulation under section 49-247.
H. For the purposes of this section:
1. "Development rights" means the maximum development that would
be allowed on the sending property under any general or specific plan and local
zoning ordinance of a municipality in effect on the date the municipality
adopts an ordinance pursuant to subsection A, paragraph 12 of this section
respecting the permissible use, area, bulk or height of improvements made to
the lot or parcel. Development rights may be calculated and allocated in
accordance with factors including dwelling units, area, floor area, floor area
ratio, height limitations, traffic generation or any other criteria that will
quantify a value for the development rights in a manner that will carry out the
objectives of this section.
2. "Receiving property" means a lot or parcel within which
development rights are increased pursuant to a transfer of development rights.
Receiving property shall be appropriate and suitable for development and shall
be sufficient to accommodate the transferable development rights of the sending
property without substantial adverse environmental, economic or social impact
to the receiving property or to neighboring property.
3. "Sending property" means a lot or parcel with special
characteristics, including farmland, woodland, desert land, mountain land,
floodplain, natural habitats, recreation or parkland, including golf course
area, or land that has unique aesthetic, architectural or historic value that a
municipality desires to protect from future development.
4. "Transfer of development rights" means the process by which
development rights from a sending property are affixed to one or more receiving