Title 2, Chapter 6, Section 36
( 2-6-36)
(a) The supervisors shall not have the authority to adopt land use
regulations until after they shall have caused due notice to be
given of their intention to conduct a referendum for submission of
such regulations to the owners of lands lying within the boundaries
of the district, for their indication of approval or disapproval of
such proposed regulations, and until after the supervisors have
considered the result of such referendum. No proposed regulations
shall be submitted in a referendum until after they have been
submitted to and approved in writing by the commission. Copies of
such proposed regulations shall be available for the inspection of
all eligible voters during the period between the publication of the
notice and the date of the referendum. The notice of the referendum
shall recite the contents of the proposed regulations or shall state
where copies of such proposed regulations may be examined. (b) The question shall be submitted by ballots, upon which the
words: "( ) YES Shall the proposed land use regulations for
conservation of soil and prevention of erosion be
( ) NO approved?" shall appear, with directions that all persons desiring to vote for
approval of the regulations shall vote "Yes" and all persons
desiring to vote against the regulations shall vote "No." (c) The supervisors shall supervise such referendum, shall prescribe
appropriate regulations governing the conduct thereof, and shall
publish the result thereof. (d) All owners of lands within the district, and only such
landowners, shall be eligible to vote in the referendum. (e) No informalities in the conduct of the referendum or in any
matters relating thereto shall invalidate the referendum or the
result thereof, if notice thereof was given substantially as
provided in this Code section and if the referendum was conducted
fairly. (f) The supervisors shall not have the authority to adopt proposed
regulations unless at least a majority of the votes cast in the
referendum were cast for approval of the proposed regulations.
However, the approval of the proposed regulations by a majority of
the votes cast in such referendum shall not be deemed to require the
supervisors to adopt such proposed regulations. |