Opinion Number

Dear Mayor Baughman:

You have requested an opinion of this office regarding the authority to change the zoning of property in the Town of Farmerville. Specifically, you ask whether the zoning commission has the authority to unilaterally make a zoning change, or whether the zoning commission merely makes a recommendation to the Town Council, which has the ultimate authority to enact the zoning change.

For the reasons that follow, we conclude that any proposed zoning change must be submitted to the municipal planning commission, exercising its duties as the de jure zoning commission, whose…