A.

This article [division], including the Official Zoning Map, may be amended by the Board of Commissioners on its own motion, or on recommendation of the Planning Commission, but no amendment shall become effective unless it shall have been proposed by or been submitted to the Planning Commission for review and recommendation; provided, however, that after any such amendment has been submitted to and reviewed by the Planning Commission and its recommendation made thereon, the Board of Commissioners shall have the right to modify such amendment or place conditions thereon, and it shall not be necessary to resubmit such amendment, as modified or conditioned, to the Planning Commission. Before enacting an amendment to this article [division], the Board of Commissioners shall give public notice and hold a public hearing thereon.

B.

Application to amend this article [division] may be in the form of proposals to amend the text or Official Zoning Map. Unless initiated by the Board of Commissioners or Planning Commission, all applications for map amendments must be submitted by the owner (as determined by controlling at least a 51% interest in the property) or the authorized agent of such property. An application for an amendment affecting the same property shall not be submitted more than once every 6 months; however, this provision shall not apply to those properties affected by an amendment filed by the Board of Commissioners or Planning Commission.

A.

Each application to amend the Official Zoning Map shall be filed with the Department of Planning and Zoning at least 31 days (or less at staff discretion) prior to the Planning Commission hearing at which they may be heard. Each application shall include such information as the Planning and Zoning Director may require including, but not limited to:

1.

A legal description of the tract(s) proposed to be rezoned;

2.

A plat showing the dimensions, acreage and location of the tract(s) prepared by an architect, engineer, landscape architect or land surveyor whose state registration is current and valid (his seal shall be affixed to the plat);

3.

The present and proposed zoning classification for the tract(s);

4.

The name(s) and address(es) of the owners of the land and their agents, if any;

5.

A copy of the recorded warranty deed (or other instrument of title) which vested title to the property in the applicant;

6.

A copy of the paid in full tax bill or a letter from the County Tax Department stating that all taxes have been paid; and

7.

A site plan showing any and all proposed improvements to be constructed if the application is approved.

B.

This application shall be accompanied by a fee to partially defray the public expense of processing the application. A fee shall not be charged if an official governmental agency files the application.

C.

No submitted application may be amended after public notice of the request has been given provided, however, the Planning Commission and Board of Commissioners may allow such application to be amended during the public hearing.

D.

The applicant or agent shall be present at the hearings before the Planning Commission and Board of Commissioners with regard to said application. In the event that an agent is present, rather than the applicant, such agent must have full authority to act on behalf of the applicant with regard to all matters pertaining to said application.

E.

The applicant shall be allowed to submit renderings, site plans and other exhibits purporting to depict what is to be constructed should a map amendment be approved; however, the applicant may be required to develop according to such plans if approved by the Board of Commissioners. Any deviation from such approved plans would require another rezoning application be filed. The Board of Commissioners may also require or attach to any rezoning such conditions regarding the location, character and other features of the proposed building, structure or use as it may deem advisable so as to improve the quality of life through the protection against air, water and noise pollution and promotion of aesthetic considerations.

F.

An application may not be withdrawn by the applicant within 48 hours prior to a hearing on the matter, however, the Board of Commissioners may, by a majority of the members present, allow an application to be withdrawn without prejudice with respect to the 6-month limitation, or allow an application to be amended. Failure of the applicant or their representative to appear at the scheduled hearing may result in automatic dismissal with prejudice, rejection of the application or continuance of the hearing at the sole discretion of the Planning Commission or Board of Commissioners.

The Planning and Zoning Director upon receiving an application for amendment to the Official Zoning Map shall prepare and transmit a report to the Planning Commission and Board of Commissioners determining:

a)

Whether the zoning proposal will permit a use that is suitable in view of the use and development of adjacent and nearby property;

b)

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

c)

Whether the property to be affected by the zoning proposal has a reasonable economic use as currently zoned;

d)

Whether the zoning proposal will result in a use that may cause an excessive or burdensome use of existing streets, transportation facilities, utilities, or schools;

e)

Whether the zoning proposal is in conformity with the policies and intent of the land use plan; and

f)

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

A.

The Planning Commission shall conduct a public hearing on each rezoning application in accordance with their adopted schedule and procedures. The staff report on each application shall be considered and testimony solicited from the applicant and those interested citizens. The Planning Commission shall review the following factors in making a determination on the application:

1.

Existing uses and zoning classifications of nearby property;

2.

The extent to which property values are diminished by the particular zoning restrictions;

3.

The extent to which the destruction of property values of the plaintiffs promotes the health, safety, morals or general welfare of the public;

4.

The relative gain to the public, as compared to the hardship imposed upon the individual property owner;

5.

The suitability of the subject property for the zoned purposes;

6.

The length of time the property has been vacant as zoned, considered in the context of land development in the area in the vicinity of the property;

7.

Whether the subject property has a reasonable economic use as currently zoned;

8.

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

9.

Whether the zoning proposal is in conformity with the policies and intent of the comprehensive land use plan;

10.

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

11.

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.

B.

As to each application, the Planning Commission shall make a recommendation for approval, approval with modifications, denial, or approval to another zoning district or tabling of the request. The Planning Commission may only table a request upon consent of the applicant. If the applicant does not wish for the application to be tabled the Planning Commission shall forward the request to Board of Commissioners with or without a recommendation. A copy of the Planning Commission's recommendations shall be prepared and submitted to the Board of Commissioners.

C.

The Planning Commission shall adopt such rules and regulations for the conduct of hearings and meetings as are consistent with state law and the County code and are appropriate to its responsibilities which shall be published and available to the public, as well as conflict of interest rules, to insure that no member is entitled to rule on a matter in which he has an direct or indirect interest.

A.

The Board of Commissioners shall hold a public hearing on all requests to amend this article [division] and the Official Zoning Map contained therein. Prior to such hearing the Board of Commissioners shall review the staff report and recommendation from the Planning Commission. At the public hearing the applicant shall present their request for a map amendment and any information they deem to support said request.

B.

So that the purpose of this article [division] will be served and the health, public safety and general welfare secured, the Board of Commissioners may approve, approve with stipulations (which may be site-specific), deny, reduce the land area for which the application is made, change the zoning classification requested, table until the next meeting or allow an application to be withdrawn (with or without prejudice at the discretion of the Board).

C.

The decision by Board of Commissioners to approve in whole or part, reject, condition or delete an application for rezoning shall be based on, but not limited to, a consideration of the following:

1.

Existing uses and zoning classifications of nearby property;

2.

The extent to which property values are diminished by the particular zoning restrictions;

3.

The extent to which the destruction of property values of the plaintiffs promotes the health, safety, morals or general welfare of the public;

4.

The relative gain to the public, as compared to the hardship imposed upon the individual property owner;

5.

The suitability of the subject property for the zoned purposes;

6.

The length of time the property has been vacant as zoned, considered in the context of land development in the area in the vicinity of the property;

7.

Whether the subject property has a reasonable economic use as currently zoned;

8.

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

9.

Whether the zoning proposal is in conformity with the policies and intent of the comprehensive land use plan;

10.

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

11.

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.

D.

In acting on such application, the Board of Commissioners shall have the authority to grant the applicant variances from the regulations and provisions of this article [division] in accordance with the standards set forth in Section 722.08(A)(3).

A.

Due notice of all public hearings on an application for text or map amendment shall be published at least 15 (but no more than 45) days prior to the public hearing in the newspaper denoted as the legal organ of the County and shall include the date, time and place of said public hearings.

B.

At least 15 days prior to the Planning Commission public hearing, the Department of Planning and Zoning shall post on a conspicuous place on the property for which an application has been submitted, a sign or signs containing information as to the application and date, time and place of public hearings.

C.

If an application for map amendment is postponed at the request of the applicant, due notice of the new public hearings on the application must be republished and reposted as per the requirements of Sections 722.07(A) and (B) above. The costs of said advertisements shall be the responsibility of the applicant.

(Ord. of 1-7-2014)

Editor's note— An ordinance adopted Jan. 7, 2014, renumbered the former § 722.06 as Ch. 101, §§ 101-21—101-25, and further renumbered the former §§ 722.07—722.10 as §§ 722.06—722.09 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.

A.

The Planning Commission shall have the powers to:

1.

Hear and decide special land use permit requests as delineated in this article [division].

2.

Hear and decide appeals from the decision of the Planning and Zoning Director where it is alleged there is error in any order, requirement, decision or determination.

3.

Grant variances from zoning regulations of this article [division] in cases where strict application of such regulations would result in unnecessary hardship; but only in harmony with the spirit and intent of these regulations and is the minimum necessary to grant relief without injury to the public interest. All such variances must be based upon the evidence submitted before the Planning Commission and upon its findings, supported by the testimony or by documentary testimony that such variance shall be required by one of the following causes:

a)

Because of the existence in good faith of a nonconforming use at a time prior to the adoption of the Zoning Ordinance of the County, or amendments thereto, requires the continuance of such nonconforming use,

b)

There are extraordinary and exceptional conditions creating a substantial hardship to the applicant which pertain to the particular piece of property or building in question because of its size, shape or topography.

B.

Every such judgment of the Planning Commission granting a variance, appeal or special land use permit shall be accompanied by a finding of fact specifying the reasons thereof.

C.

In granting any variance under the provisions of this section, the Planning Commission may designate such conditions in connection therewith as will, in its opinion, secure substantially the objectives of these regulations and may designate conditions to be performed or met by the user or property owner, out of regard for the public health, safety, comfort, convenience, and general welfare of the community, including safeguards for, with respect to light, air, areas of occupancy, density of population and conformity to any master or through traffic plan, the future development of the County.

D.

Approved variances must be implemented within a period of 12 months. After 12 months, Planning Commission approval must be obtained again. A building permit must be obtained and the development underway within the 12-month time period.

E.

The Planning Commission may in conformity with this article [division] reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and to that end shall have all the duty of the Planning and Zoning Director to carry out the decisions of the Board.

F.

Variances may not be granted by the Planning Commission conditioned upon the approval by Board of Commissioners of an application to amend this article [division] or to amend the Official Zoning Map.

G.

Variances granted by the Planning Commission or Board of Commissioners shall only remain in effect as long as the property to which it applies remains in the same zoning classification such property was in at the time the variance was granted.

(Ord. of 1-7-2014)

Note— See the editor's note to § 722.06.

A.

An appeal to the Planning Commission may be taken by any person, firm, or corporation aggrieved or by any governmental officer, department, Board or agency affected by any decision of the Planning and Zoning Director with respect to this article [division]. Such appeal shall be made within 10 days following notification of the decision appealed from, by filing with the Planning and Zoning Director a notice of appeal and specifying the grounds thereof. The Planning and Zoning Director shall forthwith transmit to the Commission all the papers constituting the record upon which the action was taken.

B.

A copy of the paid in full tax bill or a letter from the County Tax Department stating that all taxes have been paid must accompany the application for a variance before it will be processed.

C.

Any applicant to whom a variance is granted shall be given written notice specifying any variances granted.

D.

Time limit on resubmission. An application for a variance affecting the same property shall not be submitted more than once every 12 months; however, an applicant may petition the Planning Commission to waive the 12 month waiting period by demonstrating that the situations or amount of variance requested which led to denial have materially changed or if the request is materially different.

(Ord. of 1-7-2014)

Note— See the editor's note to § 722.06.

The Planning Commission shall hold a public hearing on all requests for special exceptions, variances and appeals on which it acts.

A.

Applications for a hearing and decision on requests for variances, appeals, and special exceptions shall be filed with the Planning and Zoning Director on forms he shall provide at least 30 days prior (or less at staff discretion) to the meeting at which they may be heard. Each application shall contain such information as the Planning and Zoning Director may require to enable the Planning Commission to make its decision including, but not limited to, a plat drawn to scale showing the following:

1.

All property lines, with dimensions on an appropriate scale to allow staff review;

2.

A legal description of the tract involved,

3.

Location of buildings and other structures, creeks, and easements referenced to the property,

4.

North arrow, land district and land lot number; and

5.

Location of setback lines or other requirements from which the variance is sought.

B.

Notice of the time and place of the hearing shall be posted by the Department of Planning and Zoning in a conspicuous place on the property by a sign or signs which shall contain information as to the date, the time and purpose of the hearing. Public notice shall also be given in the local newspaper at least 15 days before the hearing.

C.

No submitted application may be amended after public notice of the request has been given provided, however, the Planning Commission may allow such application to be amended during the public hearing.

D.

The Planning Commission shall adopt such rules and regulations for the conduct of the public hearing as are consistent with state laws and the County code and are appropriate to its responsibilities.

E.

Notice of requests before the Planning Commission shall be sent to all Board of Commissioners members.

(Ord. of 1-7-2014)

Note— See the editor's note to § 722.06.