§ 414. Amendments.

(a)

Any land owner may request that the official map be amended from the existing zoning district to another as it applies to the owner's property. Also, any person affected by this zoning ordinance may propose an amendment to the text of this zoning ordinance under the provisions of this section. As used in this section, the term "amendment" shall mean both a change to the official map and a change to the text of this section unless otherwise indicated.

(b)

An applicant requesting an amendment to the official map shall provide the zoning administrator the following:

(1)

Details of the specific proposed use(s) of the property, including but not limited to a sketch plan prepared by a licensed surveyor or engineer showing details of the specific proposed uses. Applications for speculative zoning without specific uses will not be accepted.

(2)

A copy of the recorded plat and legal description will be the minimum requirement for the planning and zoning commission.

(3)

Where the zoning administrator or the county staff development review committee has recommended the preparation of special studies pursuant to a preapplication conference or where the applicant elects to submit additional technical reports in support of the proposed development, such reports shall be submitted with the initial application form.

(4)

During review of any application, the planning and zoning commission may determine that additional specific technical information is needed regarding any potential environmental, fiscal, or public service impacts. If such a determination is made, the planning and zoning commission shall have the discretion to defer its recommendations concerning such an application upon preparation of a special study intended to analyze the potential impacts or any specific areas of concern.

(5)

Where preparation of a special study has been required, no application shall be recommended to be submitted to the board of commissioners for a public hearing until such study has been received and reviewed by the planning and zoning commission. The cost of any special study shall be borne by the applicant, unless the board of commissioners approves the participation of public funds, as necessary, or being in the public interest.

(6)

Any other materials or information as may be deemed appropriate by the zoning administrator.

(c)

When considering a proposal to amend the official map, the following standards shall be considered:

Standards:

(1)

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

(2)

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

(3)

Are their substantial reasons why the property cannot or should not be used as currently zoned?

(4)

Will the proposed use cause an excessive or burdensome use of public facilities or services, including but not limited to streets, schools, EMS, sheriff or fire protection?

(5)

Is the proposed use compatible with the purpose and intent of the comprehensive plan?

(6)

Will the use be consistent with the purpose and intent of the proposed zoning district?

(7)

Is the proposed use supported by new or changing conditions not anticipated by the comprehensive plan?

(8)

Does the proposed use reflect a reasonable balance between the promotion of the public health, safety, morality, or general welfare and the right to unrestricted use of property?

(d)

When considering a proposal to amend the text of the zoning ordinance, the following standards shall be considered.

Standards:

(1)

Is the proposed text amendment compatible with the purpose and intent of the comprehensive plan?

(2)

Is the proposed text amendment consistent with the purpose and intent of the zoning ordinance?

(3)

Will adoption of the amendment further the protection of the public health and safety or general welfare?

(Amd. of 11-6-07(3))

Editor's note

An amendment adopted Nov. 6, 2007(3), enacted provisions designated as §§ 409—414, and have been treated as superseding the former §§ 410—414, which pertained to similar subject matter and derived from an ordinance adopted April 3, 2001; an ordinance adopted May 1, 2001; an amendment adopted June 4, 2002(1); an amendment adopted Nov. 5, 2002; an amendment adopted Aug. 3, 2004; and an amendment adopted April 5, 2005(3).