§ 153A-342. Districts; zoning less than entire jurisdiction.
§ 153A‑342. Districts; zoning less than entirejurisdiction.
(a) A county may divide its territorial jurisdiction intodistricts of any number, shape, and area that it may consider best suited tocarry out the purposes of this Part. Within these districts a county mayregulate and restrict the erection, construction, reconstruction, alteration,repair, or use of buildings, structures, or land. Such districts may include,but shall not be limited to, general use districts, in which a variety of usesare permissible in accordance with general standards; overlay districts, inwhich additional requirements are imposed on certain properties within one ormore underlying general or special use districts; special use districts orconditional use districts, in which uses are permitted only upon the issuanceof a special use permit or a conditional use permit and conditional zoningdistricts, in which site plans and individualized development conditions areimposed.
(b) Property may be placed in a special use district,conditional use district, or conditional district only in response to apetition by the owners of all the property to be included. Specific conditionsapplicable to the districts may be proposed by the petitioner or the county orits agencies, but only those conditions mutually approved by the county and thepetitioner may be incorporated into the zoning regulations or permitrequirements. Conditions and site‑specific standards imposed in aconditional district shall be limited to those that address the conformance ofthe development and use of the site to county ordinances and an officiallyadopted comprehensive or other plan and those that address the impactsreasonably expected to be generated by the development or use of the site.
A statement analyzing the reasonableness of the proposed rezoning shallbe prepared for each petition for a rezoning to a special or conditional usedistrict, or a conditional district, or other small‑scale rezoning.
(c) Except as authorized by the foregoing, all regulations shallbe uniform for each class or kind of building throughout each district, but theregulations in one district may differ from those in other districts.
(d) A county may determine that the public interest does notrequire that the entire territorial jurisdiction of the county be zoned and maydesignate one or more portions of that jurisdiction as a zoning area or areas.A zoning area must originally contain at least 640 acres and at least 10separate tracts of land in separate ownership and may thereafter be expanded bythe addition of any amount of territory. A zoning area may be regulated in thesame manner as if the entire county were zoned, and the remainder of the countyneed not be regulated. (1959, c. 1006, s. 1;1965, c. 194, s. 2; 1973, c. 822, s. 1; 1985, c. 607, s. 3; 2005‑426, s.6(b).)