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Noting that the amendment had been properly advertised for public hearing by both the planning commissioners and supervisors, Mr. Luke concluded in a written memo that necessary procedural prerequisites had been met for adoption.
As to the legality of the exemption itself, he cited a 1971 opinion from the state’s Attorney General which held: “A state, county, municipality or other government body using property for governmental purposes ordinarily is not subject to zoning regulations. The disposition of garbage and rubbish constitutes a government function.” Accordingly, the Attorney General concluded that a landfill operation in connection with a garbage collection and disposal business constituted a governmental function.
The same question, this time from Madison County, was asked in 1984: Did the Madison County Board of Supervisors have to apply for and obtain a special use permit under its own
(See EXCEPTION, page 17)
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