An application for a change or addition to present zoning districts as shown on the Official Zoning Map may be filed with the Planning Department. Applications may be filed by a landowner of record for a requested change to alter the zoning on all or a part of his or her property.

(Ord. 14-01, passed 6-6-2014, Ch. 17, § 1.1)

   (A)   A completed change of zoning application, along with all supporting documentation, shall be submitted to the Planning Department for review at least 22 days prior to a regularly scheduled Planning and Zoning meeting. The application shall include a written summary shall include, at a minimum, the following information:

      (1)   Adjacent land use;

      (2)   Distance from municipalities;

      (3)   Type of development (size and density);

      (4)   Access from state and county road systems;

      (5)   Location appropriate for requested zone;

      (6)   Floodplain;

      (7)   The effect of the proposed change of zoning upon:

         (a)   Housing, existing and available;

         (b)   Public services;

         (c)   Water;

         (d)   Sewer;

         (e)   Public roads;

         (f)   Parks and recreation within the county; and

         (g)   Open space areas.

      (8)   The cumulative effect of the proposed change when considered with previously approved changes of zoning within the area.

   (B)   No more than one application for an amendment may be submitted by an individual, or his or her representative, or agent, in any 12-month period concerning the same or similar amendment to a regulation, restriction, area, or boundary except upon a showing by the applicant of a material change of circumstances sufficient to justify reconsideration of the proposed amendment. This section shall not apply to a governmental agency or the County Commission.

(Ord. 14-01, passed 6-6-2014, Ch. 17, § 1.2; Ord. 22-04, passed 4-11-2023)

   The applicant shall pay the county the appropriate fee as designated in Chapter 21 of the zoning title. These fees shall be utilized to help defray necessary administrative costs of processing the applications as required. Additional costs are required for mailings which are the applicant’s responsibility.

(Ord. 14-01, passed 6-6-2014, Ch. 17, § 1.3)

   (A)   The Planning Department shall review the completed change of zoning application for compliance with this title. Any application not containing and/or addressing all the information required in § II-17.002, shall be rejected and returned to the applicant together with the reasons for rejection.

   (B)   If the Planning Department finds the application in compliance with this title, a Planning and Zoning informational meeting will be scheduled for the next regular meeting.

   (C)   After the informational meeting has been held, a public hearing will be scheduled in front of the Planning and Zoning Board.

   (D)   An informational meeting will be held in front of the Planning and Zoning Board.

   (E)   (1)   The Planning Department will prepare the notice of hearing letters and the property owner’s list of those persons who own land within 500 feet of the subject property.

      (2)   The Planning Department will notify the applicant when the property owner’s list and the notice of hearing letters have been prepared. The applicant must send a copy of the notice of hearing letter to each of the property owners on the list by certified mail with return receipt requested. The notice letters must be mailed no less than seven days prior to the date of the public hearing. The white receipts for certified mail must be returned to the Planning Department prior to the date of the public hearing. The green return receipt cards must be returned to the Planning Department prior to the file being closed. These are retained in the Planning Department as part of the official record to document that the required mailings were completed. If the mailing has not been completed as stated herein, the hearing must be continued to the next Planning and Zoning meeting and the applicant shall be required to re-notify the affected property owners of the rescheduled hearing date.

      (3)   The Planning Department shall provide a notice of public hearing sign, which is to be posted by the Planning Department on or near the property involved in the rezoning request in a location with the greatest public visibility. If the property is not adjacent to any public right-of-way, the sign shall be placed at the access point to the property along the nearest public right-of-way. Said sign shall be so placed no less than ten days prior to the date of the public hearing before the Planning Commission and shall remain placed until a decision has been made by County Commission.

   (F)   The Planning Department will submit legal notice to the local newspaper(s). The notice shall state the date the Planning and Zoning Board will review and consider the change of zoning application.

   (G)   The Planning Department shall create a staff report with recommendations to the Planning and Zoning Board for either approval or denial of the application.

   (H)   The Planning and Zoning Board shall consider the change of zoning application and public comment regarding the application’s technical compliance with the title after receiving and reviewing the Planning Department’s recommendation.

   (I)   The Planning and Zoning Board shall make recommendation to approve or deny the change of zoning application within 30 days of the initial hearing of the application. If the action is to deny the change of zoning application, the reasons for such action shall be stated in the minutes and specific reference shall be made to the requirements not met.

   (J)   After the Planning and Zoning Board makes recommendation to the County Commission, the Planning Department shall schedule a first reading in front of the County Commission, which shall also be a public hearing.

   (K)   The applicant shall be required to re-notify the adjacent property owners in the same manner as listed in division (E) above. The Planning Department will again submit legal notice to the local newspaper(s).

   (L)   After the first reading has been completed, the County Commission shall schedule a second reading for a final decision at the next regular County Commission meeting. No notification is needed for the second reading.

   (M)   Within 45 days of the receipt of the Planning and Zoning Board’s recommendation, the County Commission shall take action to approve or deny the change of zoning request.

   (N)   Before the change of zoning can become effective, the Planning Department shall publish the official change of zoning in the legal newspaper(s). A change of zoning takes effect 20 days after publication.

(Ord. 14-01, passed 6-6-2014, Ch. 17, § 1.4; Ord. 15-01, passed 6-5-2015)

   This decision shall be based upon, but not limited to, the consideration of the following:

   (A)   Adjacent land use;

   (B)   Distance from municipalities;

   (C)   Type of development (size and density);

   (D)   Access from state and county road systems;

   (E)   Location appropriate for requested zone;

   (F)   Floodplain;

   (G)   The effect of the proposed change of zoning upon:

      (1)   Housing, existing and available;

      (2)   Public services;

      (3)   Water;

      (4)   Sewer;

      (5)   Public roads;

      (6)   Parks and recreation within the county; and

      (7)   Open space areas.

   (H)   The cumulative effect of the proposed change when considered with previously approved changes of zoning within the area.

(Ord. 14-01, passed 6-6-2014, Ch. 17, § 1.5)