The procedures in this part shall be followed in amending this Code and the Comprehensive Plan. This part supplements the mandatory requirements of state law, which must be adhered to in all respects.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

A.

Generally. Any person, board or agency may apply to the Planning Department to amend this Code or the Comprehensive Plan in compliance with procedures prescribed by the Planning Department.

B.

Submittals.

1.

Generally. The application shall include the following information:

a.

The applicant's name and address;

b.

If the application requests an amendment to the text of this Code, the precise wording of any proposed amendments to the text of this Code shall be provided;

c.

A statement describing any changed conditions that would justify an amendment;

d.

A statement describing why there is a need for the proposed amendment;

e.

A statement describing whether and how the proposed amendment is consistent with the Washington County Comprehensive Plan;

f.

A statement outlining the extent to which the proposed amendment:

(1)

Is compatible with existing land uses;

(2)

Affects the capacities of public facilities and services;

(3)

Affects the natural environment;

(4)

Will result in an orderly and logical development pattern.

g.

If the application requests an amendment to the Future Land Use Map, the applicant shall include:

(1)

The street address and legal description of the property proposed to be reclassified;

(2)

The applicant's interest in the subject property;

(3)

The owner's name and address, if different than the applicant;

(4)

The current land use district classification and existing land use activities of the property proposed to be reclassified;

(5)

The area of the property proposed to be reclassified, stated in square feet or acres.

h.

Such other information or documentation as the Development Administrator may deem necessary or appropriate to a full and proper consideration and disposition of the particular application.

2.

Special Provisions for Amendments to The Transportation Element. A statement of findings shall be submitted as part of the application package for an amendment to the Transportation Element of the Washington County Comprehensive Plan. Such statement shall support the requested change. The contents of such statement shall be determined in a pre-application conference with the Development Administrator.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023; Ord. No. 2026-01, § 1(Exh. A), 1-15-2026)

In reviewing the application of a proposed amendment to the text of this Code or an application for a proposed amendment to the Washington County Comprehensive Plan, the Board of County Commissioners and the Planning Commission shall consider:

A.

Whether the proposed amendment is in conflict with any applicable provisions of this Code;

B.

Whether the proposed amendment is consistent with all elements of the Washington County Comprehensive Plan;

C.

Whether and the extent to which the proposed amendment is inconsistent with existing and proposed land uses;

D.

Whether there have been changed conditions that require an amendment;

E.

Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether or to the extent to which the proposed amendment would exceed the capacity of such public facilities, including, but not limited to roads, sewage facilities, water supply, drainage, solid waste, parks and recreation, schools, and emergency medical facilities;

F.

Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment;

G.

Whether and the extent to which the proposed amendment would adversely affect the property values in the area;

H.

Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern, specifically identifying any negative effects on such pattern;

I.

Whether the proposed amendment would be in conflict with the public interest, and in harmony with the purpose and interest of this Code; and

J.

Any other matters that may be deemed appropriate by the Planning Commission or the Board of County Commissioners, in review and consideration of the proposed amendment.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

A.

Submission and Completeness. Within five (5) days after an application for an amendment to the text of this Code or an application for an amendment to the Washington County Comprehensive Plan is submitted, the Development Administrator shall determine whether the application is complete. If the application is not complete, he/she shall send a written statement specifying the application's deficiencies to the applicant by mail. The Development Administrator shall take no further action on the application unless the deficiencies are remedied.

B.

Review. When the Development Administrator determines an application for an amendment to the text of this Code or an application for an amendment to the Washington County Comprehensive Plan is complete, he/she shall review the application, make a recommendation to the Planning Commission, and notify the Planning Commission that the application is complete.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023; Ord. No. 2026-01, § 1(Exh. A), 1-15-2026)

A.

Public Hearing. Upon notification of the completed application for an amendment to the text of this Code or an application for amendment to the Washington County Comprehensive Plan, the Planning Commission shall place it on the agenda of the regular meeting for a public hearing in accordance with the requirements of Section 10.02.08. The public hearing held on the application shall be in accordance with Section 10.02.09. In recommending the application to the Board of County Commissioners, the Planning Commission shall consider the standards in Section 10.07.03.

B.

Final Action by Planning Commission. At the conclusion of the public discussion, the Planning Commission shall make a recommendation to grant or deny the application for amendment to the Board of County Commissioners. Such recommendation shall:

1.

Identify any provisions of the Code, Comprehensive Plan, or other law relating to the proposed change and describe how the proposal relates to them.

2.

State factual and policy considerations pertaining to the recommendation.

3.

In the case of proposed amendments to this Code, include the written comments, if any, received from the Development Administrator.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)

A.

Upon receipt of the recommendation of the Planning Commission, the Board of County Commissioners shall place the application on the agenda of a regular meeting of the Board of County Commissioners for a public hearing in accordance with the requirements of Section 10.02.08.

B.

In making a decision on the application, the Board of County Commissioners shall consider the recommendation of the Planning Commission and the standards in Section 10.07.03.

C.

At the conclusion of the public discussion, the Board of County Commissioners shall either grant or deny the application for a proposed amendment.

D.

Notification of the Board of County Commissioners' decision shall be mailed to all parties, and the decision shall be filed in the Planning Department in accordance with Section 10.02.09.

E.

For Large Scale Suture Land Use Map amendments (one hundred and one (101) acres or more) that require state review. County Planning Staff must hold a transmittal hearing with the Planning Commission and Board of County Commissioners. County Planning Staff must submit the amendments to the state land planning agency and state reviewers. After receiving comments and making modifications to the amendments, the County must hold a second public hearing to adopt the amendments within one hundred eighty (180) days. County Planning Staff then has ten (10) working days after the final adoption hearing to transmit the adopted amendments to the state land planning agency.

F.

For Small Scale Future Land Use amendments (one hundred (100) acres or less). The County must approve an amendment within one hundred eighty (180) days after an applicant has been determined to be complete (sufficient). County Planning Staff has ten (10) working days after the final adoption hearing to transmit the adopted amendments to the state land planning agency.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023; Ord. No. 2026-01, § 1(Exh. A), 1-15-2026)

A.

After a decision or recommendation denying a proposed amendment to the text of this Code or a proposed amendment to the Washington County Comprehensive Plan, the Board of County Commissioners and the Planning Commission shall not consider an application for the same amendment for a period of two (2) years from the date of the action.

B.

The time limits of this Section may be waived by the affirmative vote of four (4) members of the Board of County Commissioners when such action is deemed necessary to prevent injustice or facilitate the proper development of the County.

(Ord. No. 2023-16, § 1(Exh. A), 12-14-2023)