§ 26-55. Legal status.  


Latest version.
  • Whenever any county planning commission shall have adopted a master plan of the county or any part thereof, then and thenceforth no road, park, or other public way, ground, or space, no public building or structure, or no public utility, whether publicly or privately owned, shall be constructed or authorized in the unincorporated territory of the county until and unless the proposed location and extent thereof shall have been submitted to and approved by such county planning commission; provided, however, that in case of disapproval, the commission shall communicate its reasons to the board of county commissioners or other board or commission of the county in whose jurisdiction the public way, ground, space, building, structure, or utility is proposed to be located; and such board shall have the power to overrule such disapproval by a vote of not less than two-thirds of its entire membership, and upon such overruling such board or other official in charge of the proposed construction or authorization may proceed therewith; provided further, however, that if the public way, ground, space, building, structure, or utility is one the authorization or financing of which does not, under the law governing the same, fall within the province of the board of county commissioners or other county official or board then the submission to the commission shall be by the body or official having such jurisdiction, and the commission's disapproval may be overruled by such body by a vote of not less than two-thirds of its entire membership or by such official. The acceptance, widening, removal, extension, relocation, narrowing, vacation, abandonment, change of use, acquisition of land for, or sale or lease of any road, park, or other public way, ground, place, property, or structure shall be subject to similar submission and approval, and the failure to approve may be similarly overruled. The failure of the commission to act within 30 days from and after the date of official submission to it shall be deemed approval, unless a longer period is granted by the submitting board, body, or official.

(Code 1992, § 25-50; Priv. Acts 1935, ch. 706, § 8)

Cross reference

Buildings and building regulations, ch. 6.