§ 26-290. County planning commission; duties; amendments.

(a)

In order to carry out the purposes of this article, a county planning commission is hereby created to be composed of the members of the planning commission of any municipality within the population classification herein provided for, and the board of county commissioners. Before any plan for such five-mile zone shall be adopted, such county planning commission shall recommend boundaries or districts and appropriate regulations to be enforced therein. Such commission shall make a tentative report and hold public hearings thereon, at such times and places and upon such notices as it may fix, before submitting its final report. Such legislative bodies shall not determine the boundaries of any district nor impose any regulations until after the final report of such county planning commission.

(b)

After such final report is submitted to both legislative bodies as provided in this article, and final adoption of regulations by each, such legislative bodies may, from time to time, amend, supplement or change the boundaries or regulations so adopted, but not without consent of each. Notice of the adoption of such amendment, supplement or change in the regulations, shall be given by publishing such notice one time in some daily newspaper of general circulation in the city of the population classification hereinabove set forth within such county. Such notice shall state the time and place, not earlier than ten days from date of publication, at which the legislative bodies shall meet in joint session to hear remonstrances or protests against the making of such amendment, supplement or change. At the time and place thus appointed, the legislative bodies shall meet in joint session, and all persons whose property will be affected by such amendment, supplement, or change, may appear in person or by attorney or by petition, and protest against making of such amendment, supplement, or change. After hearing such protests, if any, such legislative bodies, in the manner hereinbefore provided, may confirm, modify or rescind such regulations in whole or in part. If, however, a protest against such amendment, supplement or change is presented in writing to either legislative body, within ten days from the date of publication, duly signed and acknowledged by the owners of 20 percent or more of any frontage proposed to be altered, or by the owners of 20 percent of the frontage immediately in the rear thereof, or by the owners of 20 percent of the frontage directly opposite the frontage proposed to be altered, such amendment, supplement or change shall not be passed except by a four-fifths vote of each such legislative body.

(c)

If the county shall, under the provisions of any act enacted by the general assembly, have a county planning commission having countywide jurisdiction, all the duties and powers to be exercised and enjoyed by the county planning commission created under this section shall be exercised and enjoyed by the county planning commission with countywide jurisdiction created under the provisions of any act of the general assembly.

(d)

Provided, however, that at any time the county and city so elects they may hold separate sessions upon such terms and conditions as shall be set out in a resolution/ordinance specifying the times, dates, and final disposition of matters, but such actions shall be subject to concurrence by both entities.

(Code 1992, § 25-331; Priv. Acts 1931, ch. 613, § 7; Priv. Acts 1935, ch. 707, § 1; Priv. Acts 1979, ch. 99, § 1)