The purpose of this article is to describe and establish procedures for making changes to the official zoning map (i.e., rezoning of properties) and amending the text of the ordinance from which this chapter is derived. Such actions require legislative approval by the board of commissioners in order to be enacted.

(Ord. No. 2015-06, § 2, 3-26-2015)

(a)

Every petition for a legislative change shall be subject to a technical evaluation. The evaluation shall be conducted by the planning and zoning department which shall coordinate a review of the proposal with all appropriate county departments and public agencies. Following the evaluation, a report shall be prepared by the planning and zoning department containing recommendations to be presented to the planning commission and the board of commissioners.

(b)

The planning and zoning department shall distribute copies of applications for amendment to the planning commission and the board of commissioners. In addition, the appropriate county departments and public agencies shall be supplied with copies of each application. Each department head or his/her designee shall return his/her comments, in writing, to the planning and zoning department per the deadline established by the planning and zoning department.

(c)

Any lots affected by proposed rezonings which are initiated by a party other than the board of commissioners shall each be of sufficient size and shape to meet all requirements of this chapter, except as otherwise provided in article V of this chapter. Combination or division of lots, in accordance with county regulations, shall be accomplished as a condition of approval prior to the approval of any permits or applications.

(d)

A property improved with existing structures which would become nonconforming within the zoning district for which the rezoning is sought may be considered for rezoning (see article V of this chapter).

(Ord. No. 2015-06, § 2, 3-26-2015; Ord. No. 2017-11, § 4, 6-22-2017)

(a)

Place, time, and date. The public hearings shall be conducted as follows:

(1)

Place: the county administrative complex.

(2)

Time and date:

a.

Planning commission: First Thursday, at the time designated for its regular meetings.

b.

Board of commissioners: Second and fourth Thursdays, at the time designated for its regular meetings.

Any changes from the standard schedule for public hearings will be published in the newspaper which carries legal advertisements for the county in compliance with the requirements for public notification as provided herein.

(b)

Conduct of hearing. Public hearings on amendments shall be conducted with the opportunity for the applicant and proponents and the opponents of an amendment to speak. An applicant shall be given the opportunity for rebuttal. The board of commissioners and planning commission may establish time limits through their individual adopted rules of procedure and such time limit shall not be less than ten minutes per side.

(1)

Decisions. Recommendations of the planning commission and decisions of the board of commissioners on applications for rezonings shall be made subsequent to the public hearings.

(2)

Minutes. The minutes of any public hearing shall be maintained with the zoning decision entered thereon. The minutes shall be kept as public records.

(Ord. No. 2015-06, § 2, 3-26-2015; Ord. No. 2017-11, §§ 5, 6, 6-22-2017; Ord. No. 2023-05, § 2, 6-22-2023)

Applications to amend the text of this chapter may be initiated by the planning commission, the board of commissioners, staff, or by a member of the general public. The planning commission, the board of commissioners, a property owner, or the authorized agent of a property owner may initiate an application to amend the official zoning map (rezone property). When an agent is authorized to act on behalf of an owner, such certificate of authorization shall be notarized on the rezoning application. All information and required fees shall be received by the planning and zoning department by the deadline date for filing.

(Ord. No. 2015-06, § 2, 3-26-2015)

If the zoning decision of the board of commissioners is to deny a rezoning of property, then an application for the same property may not be re-submitted for rezoning until the expiration of at least 180 calendar days immediately following the date of denial. An application for a map amendment shall not be withdrawn by the applicant after the legal advertising as required herein, except as provided herein.

(Ord. No. 2015-06, § 2, 3-26-2015; Ord. No. 2017-11, § 7, 6-22-2017)

Text amendment or map amendment decisions made subject to this article shall be subject to direct constitutional challenge regarding the validity of said decisions in the superior court pursuant to its original jurisdiction over declaratory judgments and equity jurisdiction. Such challenges shall be by way of de novo review by the superior court wherein such review brings up the whole record from the board of commissioners and all competent evidence shall be admissible in the trial thereof, whether adduced in the process before the board of commissioners or not and employing the presumption that the decision of the board of commissioners is valid and can be overcome substantively by a petitioner showing clear and convincing evidence that the zoning classification is a significant detriment to the petitioner and is insubstantially related to the public health, safety, morality, or general welfare. Such challenge shall be brought within 30 days of the written decision of the challenged action.

(Ord. No. 2015-06, § 2, 3-26-2015; Ord. No. 2023-05, § 3, 6-22-2023)

Any citizen filing an application to amend the text or the official zoning map may obtain an application from the planning and zoning department, applications to amend the text or the official zoning map shall be submitted on forms, as applicable, provided by the planning and zoning department.

(Ord. No. 2015-06, § 2, 3-26-2015)

(a)

The planning commission shall make a recommendation of approval, denial, table, or withdrawal without prejudice on each application.

(1)

An action to table shall include a justification of such action and a specific public hearing date at which the application is to be reconsidered.

(2)

If there is not a full board present at the public hearing, the petitioner may request to table the petition to the next planning commission public hearing, provided the petitioner requests to table the agenda item prior to the presentation. Only one such request may be made.

(3)

When an application is tabled, a new legal advertisement will be required stating the new public hearing dates and the property shall be reposted with new signage indicating the new public hearing dates.

(4)

The planning commission may recommend amendments to the applicant's request which would reduce the land area of a rezoning petition (where possible with a legal description only), or change the zoning district requested to one which is less intense, and recommend conditions which may be deemed advisable so that the purpose of this ordinance will be served and the public health, safety, and welfare secured.

(b)

A resolution of the planning commission's recommendation shall be submitted to the board of commissioners. The resolution shall contain the recommendation of the planning commission, all grounds therefor, and shall be signed and approved by the chairperson or vice-chairperson of the planning commission.

(c)

If the planning commission fails to submit a report within 100 calendar days from the date of the acceptance of the completed amendment application, the application shall be forwarded to the board of commissioners with a positive recommendation. Actions of the planning commission which contribute to the delay, such as the lack of a quorum or a tabling of the petition initiated by the planning commission, shall count toward the 100 calendar days. Actions by the petitioner, such as a request to table or a request to table where there is less than a full board present, shall not count toward the 100 calendar days.

(Ord. No. 2015-06, § 2, 3-26-2015)

(a)

After receipt of the planning commission's resolution and recommendation on the proposed amendment, the board of commissioners shall hold a public hearing. The board of commissioners may approve, deny, table an application or allow an application to be withdrawn without prejudice with regards to the waiting period required by a denial.

(1)

An action to table shall include a justification of such action and a specific public hearing date at which the application is to be reconsidered.

(2)

If there is not a full board present at the public hearing, the petitioner may request to table the petition to the next board of commissioners' public hearing, provided the petitioner requests to table the agenda item prior to the presentation. Only one such request may be made.

(3)

When an application is tabled, a new legal advertisement will be required stating the new public hearing dates and the property shall be reposted with new signage indicating the new public hearing dates.

(4)

The board of commissioners may approve an amendment to the applicant's request which would reduce the land area of a rezoning petition (where possible with a legal description only), or change the zoning district requested to one which is less intense, and recommend conditions which may be deemed advisable so that the purpose of this ordinance will be served and the public health, safety, and welfare secured.

(b)

The decision of the board of commissioners shall be contained in a resolution. The resolution shall contain the decision of the board of commissioners, all grounds therefor, and shall be signed and approved by the chairperson or vice-chairperson of the board of commissioners. The clerk shall provide a copy of the resolution to the planning and zoning department, which copy shall become a part of the application file, and shall send one copy to the applicant by certified mail.

(Ord. No. 2015-06, § 2, 3-26-2015)

Any application for an amendment may be approved subject to conditions which relate to the property contained in the petition. Conditions imposed on the property may only be more restrictive than the requirements of any zoning district and other applicable parts of this chapter as may apply to the property. The following policies shall apply:

(1)

Consent not required. Approval of applications subject to conditions may occur with or without the consent of the applicant.

(2)

Conditions shall be permanent. All conditions imposed by action of the board of commissioners shall remain on the subject property regardless of changes in ownership.

(3)

Changes to conditions. Conditions shall be changed only through the amendment process by which they were established.

(Ord. No. 2015-06, § 2, 3-26-2015; Ord. No. 2017-11, § 8, 6-22-2017)

All proposed map amendments shall be evaluated with special emphasis being placed on the relationship of the proposal to the land use plan and related development policies of the county The following factors shall be considered by the planning and zoning department, the planning commission and the board of commissioners when reviewing a request for rezoning:

(1)

Whether the zoning proposal is in conformity with the land use plan and policies contained therein;

(2)

Whether the zoning proposal will adversely affect the existing use or usability of adjacent or nearby property;

(3)

Whether the zoning proposal will result in a use which will or could cause an excessive or burdensome use of existing or planned streets, utilities, or schools;

(4)

Whether there are other existing or changing conditions affecting the use and development of the property which give supporting grounds for either approval or disapproval of the zoning proposal.

(Ord. No. 2015-06, § 2, 3-26-2015)

(a)

Newspaper. Notice of scheduled hearings shall be published in the newspaper of general circulation within the county in which are carried the legal advertisements of the county.

(1)

The notice shall be published at least seven days prior to the public hearing before the planning commission, but not more than 45 calendar days, nor less than 15 calendar days prior to the public hearing before the board of commissioners. In the event that the time-frames above cannot be met with one advertisement, the notice shall be published twice.

(2)

The notice shall contain the dates of the public hearings before the planning commission and the board of commissioners.

(3)

Public notification shall include at a minimum the time, date, place, purpose of the hearing, location, boundary description, area of the property, and the current and requested zoning classifications.

(b)

Posting of signs.

(1)

A sign shall be posted on property for which the rezoning is sought. One sign is required for each street frontage of said property. The sign shall be posted consistent with the requirements for newspaper notification.

(2)

Signs used for posting property shall be a minimum of 18 inches by 18 inches and shall indicate the application number, the time, date, place, purpose of the hearings, and the current and requested zoning classifications.

(3)

A refundable sign deposit shall be required for each sign at the time of application for rezoning.

(c)

Applicant notification.

(1)

Upon certification by the planning and zoning department that an application is complete, a notice giving the date, time, and place of the public hearings shall be provided by certified mail to the applicant.

(2)

The clerk to the board of commissioners shall notify the applicant by mail of any action (including tabling of action) taken by the board of commissioners. All actions of the board of commissioners shall be deemed to be effective as of the date of the action.

(Ord. No. 2015-06, § 2, 3-26-2015)

Within three years of the date of rezoning, rezoned property shall be utilized for uses allowed in the new zoning district or substantial development shall be demonstrated toward such utilization. Failure to so utilize or demonstrate substantial development may subject the property to consideration for reversion to the previous zoning classification. In such event, public hearings shall follow the established procedures for rezoning petitions herein and a final decision shall be rendered by the board of commissioners.

(Ord. No. 2015-06, § 2, 3-26-2015)

The planning and zoning department shall have the following responsibilities associated with receiving and processing all amendment applications:

(1)

Receive all applications and supporting information and collect all fees at the time of initial filing;

(2)

Maintain a log of all applications;

(3)

Return incomplete applications and all supporting information to the applicant upon determination that an application is incomplete with reasons for the determination;

(4)

If the application is complete, issue a notice that lists the dates, times, and places of all hearings that are scheduled for the application;

(5)

Establish and maintain a file for each application which shall contain:

a.

Copies of all materials submitted by the applicant;

b.

Correspondence, records, reports, and exhibits produced during processing;

c.

Minutes and all actions taken by the planning commission and the board of commissioners on an application; and

d.

All follow-up activities, if any, including re-filing of additional requests, copies of citations or violations and any other significant materials.

(6)

Prepare a map for all map changes (rezoning), which shall show the location and dimensions of the subject property of the petition, all properties within at least 1,000 feet of the subject property, and the zoning districts thereon;

(7)

Transmit to the appropriate departments within five working days after the deadline for submissions, all materials to be evaluated;

(8)

Schedule and provide notice for all public hearings, including the posting of the property, as required herein;

(9)

Transmit the recommendation of the staff and planning commission to the board of commissioners per the agenda request procedure established by the board of commissioners; and

(10)

Update the official zoning map.

(Ord. No. 2015-06, § 2, 3-26-2015; Ord. No. 2017-11, § 9, 6-22-2017)