14-17-209. Zoning ordinance — Board of zoning adjustment.

14-17-209. Zoning ordinance — Board of zoning adjustment. (a) The county planning board shall have authority to prepare, or to cause to be prepared, a zoning ordinance for all or part of the unincorporated area of the county, which ordinance shall include both a map and a text. The zoning ordinance may regulate the location, height, bulk, number of stories, and the size of building; open space; lot coverage; density and distribution of population; and the uses of land, buildings, and structures. It may require off-street parking and loading. It may provide for districts of compatible uses, for large-scale unified development, for the control and elimination of uses not in conformance with provisions of the ordinance, and for such other matters as are necessary to the health, safety, and general welfare of the county. The zoning ordinance shall designate districts or zones of such shape, size, or characteristics as deemed advisable for all, or part, of the unincorporated area of the county. The regulations imposed within each district or zone shall be uniform throughout the district or zone. (b) The determination of zones shall be consistent with any officially adopted plans for the area to be zoned. In the development of zoning districts and their boundaries, due consideration shall be given to the adopted plans of municipal planning commissions for extraterritorial planning areas. (c) The zoning ordinance shall be observed through denial of the issuance of building permits and use permits. (d) It shall be unlawful to erect, construct, reconstruct, alter, maintain, or use any land, building, or structure in violation of any ordinance of the county quorum court. (e) The zoning ordinance shall provide for a board of zoning adjustment which shall be formed in either of the following ways: (1) A minimum of three (3) residents of the county may be appointed to the board of zoning adjustment; or (2) The planning board as a whole may sit as the board of zoning adjustment. (f) Whenever a separate board of zoning adjustment is established, appointments, length of term, vacancies, removal, and compensation shall be the same as for the county planning board. (g) The board of zoning adjustment shall have the following functions: (1) To hear appeals from administrative decisions with respect to the enforcement and application of the ordinance and affirm or reverse, in whole or part, the administrative decisions; and (2) To hear requests for variances from the literal provisions of the zoning ordinance in instances where strict enforcement of the zoning ordinance would cause undue hardship due to circumstances unique to the individual property under consideration and to grant such variances only when it is demonstrated that such action will be in keeping with the spirit and intent of the provisions of the zoning ordinance. The board of zoning adjustment may impose conditions in the granting of a variance to ensure compliance and to protect adjacent property. (h) The board of zoning adjustment shall not permit, as a variance, any use in a zone that is not permitted under the ordinance. (i)(1) Decisions of the board of zoning adjustment in respect to subsections (a)-(h) of this section shall be subject to appeal only to a court of record having jurisdiction. (2)(A) However, a county quorum court may elect to act as a board of administrative appeal prior to an appeal to a court of record from a decision of the board of zoning adjustment. (B) The county judge shall be the chair of the board of administrative appeal but shall vote only in the event of a tie. (C) The county quorum court shall determine the number of quorum court members who shall sit on the board of administrative appeal. (3) Any appeal concerning roads shall be appealed directly to circuit court.