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Session Laws, 1971
Volume 707, Page 1781   View pdf image
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Marvin Mandel, Governor                        1781

"Development" means any activity, other than normal agricultural
activity, which materially affects the existing condition or use of
any land or structure.

"Jurisdiction" means the territory of a county or municipal cor-
poration within which its powers may be exercised.

"Local executive" means the chief executive of the political sub-
division whether the official designation of his office be elected county
executive or executive head, mayor, or similar term.

"Local legislative body" means the elected body of a political sub-
division whether known as county commissioner, or county council,
city, town, or village council, or similar terms.

"Plan" means the policies, statements, goals, and interrelated
plans for private and public land use, transportation, and community
facilities documented in texts and maps which constitute the guide
for the area's future development. For the purposes of this defini-
tion the word "plan" shall include general plan, master plan, com-
prehensive plan, community plan, and the like as adopted in accord-
ance with [Sec. 3.00] Secs. 3.01-309 3.09 of this article.

"Regulation" means any rule of general applicability and future
effect including any map or plan.

"Special exception" means a grant of a specific use that would not
be appropriate generally or without restriction and shall be based
upon a finding that certain conditions governing special exceptions
as detailed in the zoning ordinance exist, that the use conforms to
the plan and is compatible with the existing neighborhood.

"SUBDIVISION" MEANS THE DIVISION OF A LOT, TRACT,
OR PARCEL OF LAND INTO TWO OR MORE LOTS, PLATS,
SITES, OR OTHER DIVISIONS OF LAND FOR THE PURPOSE,
WHETHER IMMEDIATE OR FUTURE, OF SALE OR OF BUILD-
ING DEVELOPMENT. IT INCLUDES RESUBDIVISION AND,
WHEN APPROPRIATE TO THE CONTEXT, RELATES TO THE
PROCESS OF RESUBDIVIDING OR TO THE LAND OR TERRI-
TORY SUBDIVIDED.

"VARIANCE" MEANS A MODIFICATION ONLY OF DENS-
ITY, BULK, OR AREA REQUIREMENTS IN THE ZONING OR-
DINANCE WHERE SUCH MODIFICATION WILL NOT BE CON-
TRARY TO THE PUBLIC INTEREST AND WHERE OWING TO
CONDITIONS PECULIAR TO THE PROPERTY, AND NOT THE
RESULTS OF ANY ACTION TAKEN BY THE APPLICANT, A
LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RE-
SULT IN UNNECESSARY HARDSHIP.

2.05. Amendment, modification, repeal and reclassification.

(a) Generally; findings for reclassification of particular prop-
erty.—Such regulations, restrictions and boundaries may from time
to time be amended, supplemented, modified, or repealed. Where the
purpose and effect of the proposed amendment is to change the zon-
ing classification of particular property, the local legislative body
.shall make findings of fact in each specific case including, but not
limited to, the following matters: population change, availability of

 

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Session Laws, 1971
Volume 707, Page 1781   View pdf image
 Jump to  
  << PREVIOUS  NEXT >>


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