§ 19-866.16. Zoning powers - Exemptions.

A.  For the purposes of promoting the public health, safety, peace, morals, comfort, convenience, prosperity, order and general welfare, and to lessen danger and congestion of public transportation and travel, and to secure safety from fire and other dangers, and to prevent overcrowding of land, and to avoid undue concentration of population, and to provide adequate police protection, transportation, water, sewerage, schools, parks, forests, recreational facilities, military and naval facilities, and other public requirements, and to prevent undue encroachment thereon, the board of any such county is hereby empowered in accordance with the conditions and procedure specified in this act, to regulate:

1.  The location, height, bulk, number of stories and size of buildings and other structures in the areas of the county not included within the territorial jurisdiction of the municipality as herein defined;

2.  The percentage of the lot or area which may be occupied;

3.  The size of yards, courts and other open spaces;

4.  The density and distribution of population; and

5.  The uses of buildings, structures and land for trade, industry, residence, recreation, civic and public activities and other purposes.

B.  1.  The zoning power hereby conferred shall not apply to the erection or use of the usual farm buildings for agricultural purposes, the planting of agricultural crops or forestry activities.

2.  For purposes of this subsection, “forestry activity” means any activity associated with the reforesting, growing, managing, protecting and harvesting of timber, wood and forest products including, but not limited to, forestry buildings and structures.  The term “forestry activity” shall not pertain to areas and property which would restrict access to public road construction or right-of-way.

Added by Laws 1957, p. 133, § 16, emerg. eff. May 31, 1957.  Amended by Laws 2000, c. 300, § 1, emerg. eff. June 5, 2000.