ZONE CHANGE PROCEDURE
123.020 Initiation of a Zone Change
123.030 Hearing Before the Planning Commission or Hearings Officer
123.040 Hearing Before the Board
123.050 Final Action by the Board
123.070 Conditional Zoning
123.080 Acknowledgment of Resolution of Intent to Rezone
123.010 AMENDMENTS. A zone change is a reclassification of any lot, parcel, or area from one zone or district to another. Such change shall be by an ordinance exacted by the Board after proceedings have been accomplished in accordance with this ordinance.
123.020 INITIATION OF A ZONE CHANGE.
(a) The Board may initiate a zone change only as provided below:
(1) The Board may initiate a zone change proposed for some governmental, educational, religious, or philanthropic purpose; or
(2) The Board may initiate a zone change that is legislative when a majority of all property owners in the area proposed to be changed have signed a notarized statement requesting initiation of the zone change. Under this provision, the applicants shall make application consistent with Section 119.020 and 119.025 and pay the appropriate fee.
(3) When the Board initiates a zone change, it shall do so by resolution. The resolution may be referred to the Planning Commission, Hearings Officer, or Planning Director.
(4) The Board may exercise its authority to initially determine the zone change, pursuant to the provisions of Section 110.765 of this ordinance. If the Board so elects, it shall hold a public hearing pursuant to Chapter 111 of this ordinance. If the Board refers the zone change to the Planning Commission or Hearings Officer, the Planning Commission or Hearings Officer shall hold a public hearing and make a recommendation to the Board, who may in its discretion, hold a public hearing on the change.
(b) The Planning Commission or Hearings Officer may initiate a zone change only as provided below:
(1) The Planning Commission or Hearings Officer may initiate a zone change that is in the public interest and will be of general benefit;
(2) When the proceedings are initiated by the Planning Commission or Hearings Officer, the Director shall fix a date for hearing before the Planning Commission or Hearings Officer and give notice of the hearing as provided in Chapter 111.
(3) After the hearing, the Planning Commission or Hearings Officer shall refer its recommendation to the Board.
(c) A quasi-judicial zone change may be initiated by a property owner(s) consistent with the application requirements of Sections 119.020 and 119.025.
123.030 HEARING BEFORE THE PLANNING COMMISSION OR HEARINGS OFFICER. Except in those cases where the Board summons the application for initial determination pursuant to Section 110.765 of this ordinance, the Planning Commission or Hearings Officer shall hold a public hearing as prescribed in Chapter 111 on the application for zone change. After concluding its hearings, the Planning Commission or Hearing Officer shall prepare a report setting forth a summary of facts and conditions involved in the reclassification and submit the same, together with its recommendation to the Board and to the petitioner.
123.040 HEARING BEFORE THE BOARD. The Board shall hold a public hearing on any application for which the Board has summoned for initial determination pursuant to Section 110.765 of this ordinance. In all other cases, the Board may in its discretion hold a public hearing on the application. All public hearings shall be held pursuant to Chapter 111 of this ordinance.
123.050 FINAL ACTION BY THE BOARD. Any zone change or reclassification of property shall be by ordinance which shall be passed by the Board. Any denial of a proposed zone change shall be by order. Whenever any premises are reclassified as to zone, or a new zone established, or boundary lines of a zone changed, the official zoning map shall be changed as provided in Section 110.660.
123.060 CRITERIA. Approval of a zone change application or initiated zone change shall include findings that the change meets the following criteria:
(a) The proposed zone is appropriate for the Comprehensive Plan land use designation on the property and is consistent with the goals and policies of the Comprehensive Plan and the description and policies for the applicable land use classification in the Comprehensive Plan; and
(b) The proposed change is appropriate considering the surrounding land uses and the density and pattern of development in the area; and
(c) Adequate public facilities, services, and transportation networks are in place, or are planned to be provided concurrently with the development of the property; and
(d) The other lands in the County already designated for the proposed use are either unavailable or not as well suited for the anticipated uses due to location, size or other factors; and
(e) If the proposed zone allows uses more intensive than uses in other zones appropriate for the land use designation, the new zone will not allow uses that would significantly adversely affect allowed uses on adjacent properties zoned for less intensive uses.
123.070 CONDITIONAL ZONING.
(a) Purpose and Criteria: A zone change allowing more intensive use of property may be conditioned to require provisions for buffering or provision of off-site public facilities. In order to impose conditions on a zone change, findings must be adopted showing that the use of the property will be intensified and that the conditions:
1. Are reasonably related to development allowed in the proposed zone or to the specific development proposed on the subject property; and
2. Will serve a public purpose such as mitigating the negative impacts of allowed uses on adjacent properties; and
3. Are based upon policies or standards in the Comprehensive Plan or other standards adopted by the Board of Commissioners or by State and Federal agencies.
(b) Scope of Conditions: Conditions that could be imposed and satisfy the criteria in section (a) include, but are not limited to:
1. Granting a right-of-way for public roads, including easements, etc;
2. Improvement of private or public roads, including bike paths, curbs, and sidewalks;
3. Provision of storm drainage facilities;
4. Extension of public sewer and water service, including over-sizing to permit development on other lands;
5. Provision of fire suppression facilities and equipment;
6. Provision of transit and traffic control facilities;
7. Special building setbacks, orientation, landscaping, fencing, berming, and retention of natural vegetation;
8. Special locations for truck loading, parking, access routes, or any outdoor activity that could impact adjacent property;
9. Administrative review of development plans to ensure that conditions of approval have been satisfied; and
10. Financial contributions to public agencies to offset increased coasts for providing services or facilities related to the intensification of the use of the property.
(c) The following limits and requirements apply to conditions imposed pursuant to this section:
(1) Conditions shall be stated with specificity; shall be reasonably related to the public health, safety, and welfare; and shall be designed to reasonably effectuate their intended purpose.
(2) Conditions that would have the effect of limiting use of the subject property to one particular owner, tenant, or business shall not be imposed, except as authorized under a limited use overlay zone. Conditions shall not be so restrictive that they may not reasonably be complied with by other occupants who might devote the property to the same or a substantially similar use.
(3) If the dedication of street right-of-way or street improvements are required, provision of dedication, improvements or funding shall be deferred until a building permit or certificate of occupancy is required.
(d) Enforcement. Unless otherwise specified, conditions relate to the development of the property and are not enforceable until development is imminent. No building permit shall be issued on property subject to conditional zoning without a determination that all conditions are satisfied. Compliance is a continuing requirement applicable to subsequent building permits unless the use of the land has been changed and the Director finds that the conditions no longer apply. Extensions of time for compliance with conditions may be granted by the Director, Hearings Officer, Planning Commission, or Board of Commissioners upon a finding that no negative impacts on the public or nearby land owners will occur and there are extraordinary circumstances justifying the extension.
123.080 ACKNOWLEDGMENT OF RESOLUTION OF INTENT TO REZONE.
The County shall acknowledge and allow for the completion of any zone change for which a valid resolution of intent to rezone exists, pursuant to the requirements of the resolution.