Title 36, Chapter 70, Section 5
( 36-70-5)
(a) Except as provided in subsection (b) of this Code section,
nothing in this article shall limit or compromise the right of the
governing body of any county or municipality to exercise the power
of zoning. (b) Any municipality which is as of April 17, 1992, an inactive
municipality shall not on or after April 17, 1992, exercise any
powers under this article or exercise any zoning powers, until and
unless the municipality is restored to active status by the
enactment of an appropriate new or amended charter by local Act of
the General Assembly. Any municipality which becomes an inactive
municipality after April 17, 1992, shall not after becoming inactive
exercise powers under this article or exercise any zoning powers,
until and unless the municipality is restored to active status by
the enactment of an appropriate new or amended charter by local Act
of the General Assembly. (c) Any county which has located within its boundaries all or any
part of any inactive municipality shall have full authority to
exercise through its governing body all planning and zoning powers
within the area of such inactive municipality within the county, in
the same manner as if such area were an unincorporated area. |