A.
In general. The provisions of this Chapter 18:1 and district boundaries reflected in the Zoning Maps may
be changed by amendment in accordance with the provisions
of this article.
B.
Application of certain provisions.
(1)
The provisions of §§ 1:18-217C and 18:1-219A of this Chapter 18:1 do not apply to the following:
(a)
Any comprehensive rezoning; and
(b)
Any proposed map amendment recommended
by the Planning Commission, if the Planning
Commission certifies that:
[1]
The proposed map amendment is
an accurate representation of the zoning classification originally
recommended by the Planning Commission and submitted
to and considered by the County Commissioners;
[2]
On the basis of the best information available
to it, the Planning Commission believes that the County Commissioners did not intend to change the recommended
classification; and
(2)
Nothing in this subsection shall be construed
to preclude a finding by the County Commissioners that any fact contained in the certification required under the
preceding sentence is inaccurate, in which event the proposed map amendment to which such finding relates shall be approved
only in accordance with all provisions of this article.
The County Commissioners expressly
recognize that sections of the County are changing
from a rural to a residential, commercial, industrial or other character.
One of the paramount purposes of the Land Use Plan was to anticipate
and manage such growth. However, it is inevitable that no plan can
achieve absolute perfection or remain everlastingly valid. Therefore,
in addition to any other amendments which may be
authorized by this article, the County Commissioners anticipate that the Land Use Plan will require comprehensive amendment at least every five years from the date of its
adoption or subsequent comprehensive amendment and
that the Zoning Maps must also be comprehensively
amended from time to time. It is anticipated that such comprehensive amendments will be made within six months of the adoption
of any amendment of the Land Use Plan.
A.
In general. Notice of any public hearing required
by this article shall be given in the manner provided in this section.
B.
Advertisement.
(1)
Notice of the time and place of a public hearing,
together with a summary of the proposed amendment, shall be published in at least one newspaper of general circulation
in the County at least once a week for two successive
weeks, with the first such publication of notice appearing at least
14 days prior to the hearing.
(2)
Notice of any hearing by the County
Commissioners shall include a summary of the recommendations
of the Planning Commission.
C.
Posting. With respect to notices of a proposed map amendment, in addition to the notice required in Subsection B of this section, at least 14 days prior to the date of the hearing, each lot that would receive a new or different classification
by reason of a proposed map amendment shall be posted
conspicuously with notice of the time, place and purpose of the public
hearing and the present and proposed zoning classifications of the lot.
[Amended 6-12-2007 by Ord. No. 07-15]
A.
B.
Required referral. Any proposed amendment that is not initiated by the Planning Commission shall be referred to the Planning Commission for
investigation and recommendation.
C.
Filing requirements for petitions for text
amendments and map amendments. Any amendment to this Chapter 18, including the Zoning Maps, that
is proposed by a subject property owner, a property owner or a group of property
owners acting as a private citizens’ group shall be
filed with the Office of the Clerk to the County Commissioners for consideration by the County Commissioners only
during the first 10 business days in the month of February of each
calendar year. Map amendment and text amendment petitions will not be accepted by the Clerk to
the County Commissioners at any other time during
the year.
A.
Plats.
(1)
A resolution or petition that
proposes a map amendment shall be accompanied by
a plat that is drawn to a scale of one inch equals 50 feet or one
inch equals 100 feet and contains:
(a)
The map, block and parcel numbers of the subject lot(s), as shown on current assessment maps of the State
Department of Assessments and Taxation;
(b)
The existing boundaries of each lot that would receive a new or different classification by reason of
the proposed map amendment;
(c)
The name, location and width of roads adjoining the subject lot(s);
(d)
The names and addresses of adjoining lot owners, as shown by current assessment records;
(e)
The existing zoning classification of the subject lot(s) and each adjoining lot; and
(f)
The proposed zoning classification and its proposed
boundaries.
B.
Other lots. If a petition for a map amendment proposes that any lot, other than a lot owned by the petitioner, receive
a new or different classification by reason of the proposed map amendment, the petition shall include
evidence that the petitioner has notified the owner(s) of such other lot(s), in writing and within 15 days prior to the time
when the petition is filed, of an intention to file
the petition.
C.
Fee. A petition for a map
amendment shall be accompanied by a fee prescribed by the County Commissioners.
A.
Consideration. In considering any proposed amendment, the Planning Commission shall
cause such investigation to be made as it deems necessary and for
this purpose may require any person concerned to
submit pertinent data and information.
B.
Hearing. Before making any recommendation with respect
to an amendment involving comprehensive rezoning
or an amendment of the Subdivision Regulations, the Planning Commission shall hold at least one public hearing.
C.
Report.
(1)
The Commission shall submit its report and recommendation
to the County Commissioners within 90 days from the
date when it receives the proposal, unless an extension of time is
granted by the County Commissioners.
(2)
The recommendations of the Planning
Commission shall include discussion of the matters required
to be considered by the County Commissioners.
A.
Hearing.
(1)
After receipt of the recommendations of the Planning Commission, the County Commissioners shall conduct a public hearing with respect to the proposed amendment.
(2)
Representatives of the Department of Planning
and Zoning and other public agencies, parties in
interest, and citizens shall be given an opportunity to be heard.
(3)
The County Commissioners shall
keep a complete record of the hearing and their votes with respect
to the proposed amendment.
B.
Consideration.
(1)
The County Commissioners shall
evaluate the proposed amendment on the basis of the
recommendations of the Planning Commission, the testimony,
and other evidence presented at the hearing.
C.
Matters considered. In addition to other matters pertinent
to the proposed amendment, the County Commissioners shall give specific consideration to the following matters:
D.
Referral to Planning Commission.
(1)
If the Planning Commission has
recommended the adoption of an amendment and the County Commissioners propose to adopt an amendment that changes or departs from those recommendations, the proposal
of the County Commissioners shall be referred to
the Planning Commission, in writing, for its further
recommendations.
(2)
If the recommendations are not received by the County Commissioners within 30 days after the proposal has
been transmitted to the Planning Commission, the
Commissioners may proceed to take final action without the recommendations.
E.
Form of approval.
(1)
If the County Commissioners propose to adopt an amendment that is substantially
different from both the proposed amendment and the
recommendations of the Planning Commission as described
in the published notice, a new public hearing shall be held.
F.
Effective date. An amendment may
not be effective until at least 10 days after the date of the public
hearing required for its adoption.
A.
General scope. The provisions of this section apply
only to map amendments. The findings and considerations
required by this section are supplemental to any other requirements
of this article.
B.
Required findings. Except in connection with any comprehensive
rezoning, the County Commissioners may not approve
any map amendment unless it is determined, on the
basis of specified facts contained in the record before the County Commissioners, that:
C.
Considerations. In addition to any other findings
required or pertinent with respect to the proposed amendment, the County Commissioners shall make specific findings
of fact with respect to:
D.
Map change. Promptly after the adoption of a map amendment, the Planning Director shall
prepare revised copies of the pertinent Zoning Map(s) for signature by the County Commissioners.
E.
Disapproval. If the County Commissioners deny or refuse to adopt any proposed map amendment after a hearing, a resolution or petition proposing
a map amendment with respect to the whole or any
part of the land involved in the first proposal may not be accepted
for filing until the expiration of 12 months from the date of the
decision of the County Commissioners by which the
first proposal was denied or refused.
F.
Comprehensive rezoning. The County Commissioners may approve map amendments in connection with comprehensive
rezoning of the County without the necessity of a
substantial change in the character of the neighborhood of properties
to be rezoned or a mistake in the existing characterization, provided
that the map amendments are consistent with the goals
and purposes of the Comprehensive Plan then in effect.
