ZONING AND PLANNING 2643

Title II. Zoning.

1933, ch. 599, sec. 12.

21. (Grant of Power.) (a) For the purpose of promoting health,
safety, morals or the general welfare of the community the legislative
body of counties, cities and other incorporated areas are hereby empowered
to regulate and restrict the height, number of stories and size of buildings
and other structures, the percentage of lot that may be occupied, the size
of yards, courts and other open spaces, the density of population and the
location and use of buildings, structures and land for trade, industry,
residence or other purposes.

(b) (Districts.) For any or all of said purposes the local legislative
body may divide the municipality into districts of such number, shape and
area as may be deemed best suited to carry out the purposes of this sub-
title, and within such districts it may regulate and restrict the erection,
construction, reconstruction, alteration, repair or use of buildings, struc-
tures or land. All such regulations shall be uniform for each class or
kind of building throughout each district, but the regulations in one
district may differ from those in other districts.

(c) (Purposes in View.) Such regulations shall be made in accordance
with a comprehensive plan and designed to lessen congestion in the streets;
to secure safety from fire, panic and other dangers; to promote health and
the general welfare; to provide adequate light and air; to prevent the
overcrowding of land; to avoid undue concentration of population; to
facilitate the adequate provision of transportation, water, sewerage, schools,
parks and other public requirements. Such regulations shall be made
with reasonable consideration, among other things, to the character of the
district and its peculiar suitability for particular uses, and with a view to
conserving the value of buildings and encouraging the most appropriate
use of land throughout such municipality.

(d) (Method of Procedure.) The council shall provide for the manner
in which such regulations and restrictions and the boundaries of such
districts shall be determined, established and enforced, and from time to
time amended, supplemented or changed. However, no such regulation,
restriction or boundary shall become effective until after a public hearing
in relation thereto, at which parties in interest and citizens shall have an
opportunity to be heard. At least fifteen (15) days' notice of the time
and place of such hearing shall be published in an official paper or a paper
of general circulation in such municipality.

(e) (Changes.) Such regulations, restrictions and boundaries may from
time to time be amended, supplanted, changed, modified or repealed. In
case, however, of a protest against such change signed by the owners of
twenty per cent. (20%) or more either of the area of the lots included in
such proposed change or of those immediately adjacent in the rear thereof
extending 175 feet therefrom, or of those directly opposite thereto extend-
ing 175 feet from the street frontage of such opposite lots, such amend-
ment shall not become effective except by the favorable vote of three-
fourths of all the members of the legislative body of such municipality.
The provisions of the previous section relative to public hearings and
official notice shall apply equally to all changes or amendments.

(f) In order that the municipality may avail itself of the zoning
powers conferred by this sub-title, it shall be the duty of the Planning