(a)

Amendments to the zoning map or to the comprehensive land use plan may be initiated by majority vote of the board of commissioners, by majority vote of the planning and zoning commission or by application by the owner of the property which is the subject of the proposed amendment or by the owner's authorized agent.

(b)

Amendments to the text of this chapter or to the comprehensive land use plan may be initiated by:

(1)

Any member of the board of commissioners;

(2)

Majority vote of the planning and zoning commission; or

(3)

Application by any citizen of the county who files an application and pays the required fee.

Whenever an amendment is initiated by a county commissioner, by the board of commissioners, or by the planning and zoning commission, the required fee shall be waived.

(Ord. of 7-20-2009, § 91)

An application for an amendment to this chapter shall be filed with the zoning administrator at least 60 days prior to the date on which it is to be heard by the planning and zoning commission. Applications shall be submitted in compliance with the following:

(1)

Text amendment applications shall include the following:

a.

Name and address of applicant.

b.

Current provisions of the text to be affected by the proposed amendment.

c.

Proposed wording of the text amendment.

d.

Statement of reasons for the proposed text amendment.

(2)

Comprehensive land use plan amendment applications shall include the following:

a.

A map identifying the geographic area of the county proposed for a revised land use under the applicant's proposal.

b.

All land uses permitted for the subject area under the existing comprehensive land use plan.

c.

All changes to existing land use designations that are proposed by the application.

d.

All land uses immediately adjacent to the subject area under the existing comprehensive land use plan.

e.

Reasons for the proposed amendment.

f.

Names and addresses of the owners of land affected by the proposed amendment and their agents, if any, authorized to apply for an amendment and a notarized affidavit of that authorization.

g.

A written answer and explanation for each of the following standards:

1.

Does the proposed amendment permit uses that are suitable in view of the use and development of adjacent and nearby property?

2.

Does the proposed amendment adversely affect the existing use or usability of adjacent or nearby property?

3.

Will the proposed amendment result in uses that will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or schools?

4.

Are there other existing or changing conditions affecting the use and development of the property which, because of their impact on the public health, safety, morality and general welfare of the community, give supporting grounds for either approval or disapproval of the proposed amendment?

(3)

Zoning map amendments applications shall include the following:

a.

The names and addresses of the owners of the property subject to the zoning map amendment and their agents, if any, authorized to apply for the amendment, and a notarized affidavit of such authorization.

b.

The present and proposed zoning classifications for the subject property.

c.

The present and proposed uses for the property.

d.

A plat of the subject property containing the following information:

1.

All property lines with dimensions.

2.

Locations of buildings or other structures, floodplains, drainageways, and easements.

3.

All proposed street right-of-way lines.

4.

A comprehensive concept plan of the proposed use of the property.

5.

North arrow, scale, land lot, block and lot numbers.

e.

A written report providing an answer and analysis for each of the following standards:

1.

Does the zoning proposal permit a use that is suitable in view of the use and development of adjacent and nearby property?

2.

Does the zoning proposal adversely affect the existing use or usability of adjacent or nearby property?

3.

Does the property to be affected by the zoning proposal have a reasonable economic use as currently zoned?

4.

Does the zoning proposal result in a use that will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or schools?

5.

Does the zoning proposal conform to the policy and intent of the comprehensive land use plan?

6.

Are there other existing or changing conditions affecting the use and development of the property which, because of their impact on the public health, safety, morality and general welfare of the community, give supporting grounds for either approval or disapproval of the zoning proposal?

(4)

Public hearings. Public hearings shall be held regarding proposed amendments to the text of this chapter, the comprehensive land use plan or the zoning map, and for any special use permit as follows:

a.

Prior to decision by the board of county commissioners which results in the adoption of a zoning ordinance, a comprehensive land use plan, or a zoning map, the adoption of an amendment to a zoning ordinance which changes the text of this chapter, the adoption of an amendment to the comprehensive land use plan, the adoption of an amendment to the official zoning map which rezones property from one zoning classification to another, or a special use permit request, the county planning and zoning commission and the board of county commissioners shall hold public hearings on the proposed action.

b.

At least 30 but not more than 45 days prior to the date of the public hearing by the county planning and zoning commission a notice of the public hearings will be placed in a newspaper of general circulation within the territorial boundaries of the county. The notice shall state the time, place and purpose of the public hearings and, if the zoning decision to be considered is for an amendment to the comprehensive land use plan or the rezoning of property and the amendment to the comprehensive land use plan or the rezoning is initiated by a party other than the county, the notice shall also include the location of the property, the present land use category or zoning classification of the property and the proposed land use category or zoning classification of the property.

c.

If the zoning decision to be considered is for an amendment to the comprehensive land use plan or the rezoning of property and the amendment to the comprehensive land use plan or the rezoning is initiated by a party other than the county, at least 30 days prior to the date of the public hearing by the county planning and zoning commission, a sign giving notice of the public hearings shall be placed in a conspicuous location on the property. The sign shall state the time, place and purpose of the public hearings and shall include the present land use category or zoning classification of the property and the proposed land use category or zoning classification of the property.

d.

In cases involving an amendment of the zoning map or the comprehensive land use plan, the zoning administrator shall post signs described in subsection (4)c of this section on or within 300 feet as measured along the street right-of-way line of properties affected by the amendment. For multiple amendments, posting of properties shall not be required.

(Ord. of 7-20-2009, § 92; Ord. of 6-5-2023, § 5)

The planning and zoning commission shall submit its report to the board of commissioners. Applicants may submit to the zoning administrator any conditions, alterations, changes, or amendments to an application for approval of an amendment to the zoning map, the comprehensive land use plan or to the text of this chapter up to seven days prior to the date at which the application is to be considered by the planning and zoning commission. If such conditions, alterations, changes or amendments have not been submitted as required by this section, the planning and zoning commission may, at its discretion, defer action on the application until its next regular meeting.

(Ord. of 7-20-2009, § 93; Ord. of 6-5-2023, § 6)

The board of commissioners, after receiving the recommendation of the planning and zoning commission, shall take appropriate action on the application at a regularly scheduled meeting of the commission.

If the zoning decision is for a rezoning of property and is denied, then the same property shall not be eligible to reapply for a rezoning for a period of six months from the date of the final decision denial by the board of commissioners.

(Ord. of 7-20-2009, § 94; Ord. of 6-5-2023, § 7)

In approving an amendment to the zoning map, the planning and zoning commission may recommend and the board of commissioners may impose special conditions that it deems necessary in order to mitigate impacts that may be expected without the imposition of those conditions. Such conditions may consist of a variety of requirements, including, but not limited to, setbacks from any lot line; specified or prohibited locations for buildings, parking, loading or storage areas or other land uses; restrictions in the location of driveways and curb cuts; restrictions regarding what land uses or other activities may be permitted; maximum building heights and other dimensions; landscaping requirements which may include location, type and maintenance of plant materials, fences, walls, earth berms or other buffer provisions; screening or other protective measures; preservation of existing trees and other vegetation; special measures to alleviate undesirable views, light, glare, noise, dust or odor; permitted hours of operation; architectural style; a requirement that the existing building be retained; a requirement that development take place according to a site plan; a limitation on exterior modifications to existing buildings; public facility improvements by the owner; a time limit within which the property must either be used as rezoned or revert to the prior or other appropriate zoning status; or any other requirement deemed appropriate and necessary as a condition of rezoning.

(1)

Requirements imposed as a condition of rezoning shall be required of the property owner and all subsequent owners as a condition of the use of the property as rezoned.

(2)

Requirements imposed as a condition to rezoning shall be interpreted and continuously enforced by the zoning administrator in the same manner as any other provision of this chapter.

(3)

A conditional zoning shall be noted on the zoning map by adding the suffix "C" to the zoning district designation for the property so zoned.

(Ord. of 7-20-2009, § 95)

Each application for an amendment to zoning map, to the comprehensive land use plan or to the text of this chapter shall be accompanied by a fee in an amount set by the board of commissioners. Under no condition shall said fees or any part thereof be refunded for failure of proposed amendments to map or text to be enacted into law. An application for an amendment to the zoning map affecting the same property shall not be accepted more than once every 12 months, said interval to begin with the date of a final decision by the board of commissioners. The 12-month interval shall not apply to applications initiated by the board of commissioners or the planning and zoning commission.

(Ord. of 7-20-2009, § 96)

The permitted order in which amendments may be made to the text of this chapter, the comprehensive land use plan and the zoning map is as follows:

(1)

The text of this chapter may be amended without prior or subsequent amendment to comprehensive land use plan or the zoning map.

(2)

The zoning map may be amended without an amendment to the comprehensive land use plan if the proposed amendment would permit a use that is permitted by the comprehensive land use plan.

(3)

If a proposed amendment to the zoning map would permit a use that is not authorized within the land use category of the subject property as shown on the comprehensive land use plan, then the applicant must obtain an appropriate amendment to the comprehensive land use plan before applying for the rezoning, or the applicant may apply for an appropriate amendment to the comprehensive land use plan and at the same time apply for a zoning map amendment.

(4)

The comprehensive land use plan may be amended regardless of the zoning district in which the subject property is located.

(5)

Where an application to amend the comprehensive land use plan and an application to amend the zoning map each affect the same property and are scheduled to be heard at the same hearing, the application to amend the comprehensive land use plan shall be heard first and action authorized by this chapter taken before the application to amend the zoning map is heard and action taken with respect thereto.

(Ord. of 7-20-2009, § 97)

The comprehensive land use plan shall be reviewed periodically, and shall be reviewed annually by the planning and zoning commission, which shall recommend to the board of commissioners such changes as may be necessary or appropriate.

(Ord. of 7-20-2009, § 98)

Any use shown in the table of permitted uses as requiring a special use permit in any district may be permitted after a hearing by the planning and zoning commission and approval of the board of commissioners. The hearing shall follow all procedures required in section 119-442 for zoning amendments. The following standards shall be considered in determining whether the special use permit shall be approved:

(1)

Is the proposed use suitable in view of the use and development of adjacent and nearby property?

(2)

Does the proposed use adversely affect the existing use or usability of adjacent or nearby property?

(3)

Will the proposed use likely cause an excessive or burdensome use of existing streets, transportation facilities, utilities or other public facilities?

(4)

Is the subject site itself suitable for the proposed use in terms of area, topography, natural conditions, or existing land uses on the site?

(5)

Is the proposed use suitable in terms of the natural environment on the site and on adjacent and nearby property?

(6)

Are there other existing or changing conditions which, because of their impact on the public health, safety, morality and general welfare of the community, give supporting grounds for either approval or disapproval of the proposed use?

(7)

The proposed use may be approved subject to such conditions as may be imposed in order to mitigate impacts which may be expected without the imposition of conditions, and may be regulated in the same manner as provided in section 119-445.

(Ord. of 7-20-2009, § 99)