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Statutes Text

Article - Land Use


    (a)    (1)    When a local jurisdiction initially implements the zoning powers under this division, the planning commission shall recommend the boundaries of the original districts and zones and appropriate regulations to be enforced in the districts and zones.

        (2)    The planning commission shall make a preliminary report on the proposed districts, zones, and regulations and hold at least one public hearing on the preliminary report before submitting its final report to the legislative body.

        (3)    The legislative body may not hold a public hearing or take action until it receives the final report of the planning commission.

    (b)    (1)    A planning commission shall hold at least one public hearing before the commission recommends the adoption of a plan or any part or amendment to a plan.

        (2)    The planning commission shall publish at least one notice of the time and place of the hearing in a newspaper of general circulation in the local jurisdiction.

    (c)    At least 60 days before the public hearing, the planning commission shall provide copies of the recommended plan and amendments to the plan to:

        (1)    adjoining jurisdictions; and

        (2)    State units, regional units, and local jurisdictions responsible for financing or constructing public improvements necessary to implement the plan.

    (d)    The planning commission shall include in its report to the legislative body the recommendation of each unit and jurisdiction that comments on the plan.

    (e)    (1)    A majority of the planning commission, by resolution, shall approve the plan or any part of or amendment to the plan.

        (2)    The resolution shall refer expressly to the text, map, and other matter that the commission intends to form the whole or part of the plan.

        (3)    The action taken shall be recorded on the map, plan, text, or other matter by the identifying signature of:

            (i)    the chair of the planning commission; or

            (ii)    the secretary of the commission.

    (f)    An attested copy of the plan or part of the plan shall be certified to the legislative body.

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