Change of Zoning:
A. In compliance with the processes, all
requests for zoning changes must be considered as requests requiring a public
hearing.
1. Before approving any requests for zoning changes, the relevant planning commission must hold a public hearing.
2. The commission shall prepare a report
that includes, but is not limited to, the commission's findings of fact,
conclusions of law, recommendations, and any recommended condition that the
commission determines to be necessary in accordance with the conditional zoning
provisions of this chapter after concluding the public hearing and reviewing
the report and recommendation of the planning director and all other pertinent
information on the application.
3. The director of planning must provide
the panel's report to the county council after any necessary action by the
commission.
4. If all of the following conditions are
satisfied, the county council may approve a zoning change:
The proposed request complies with the
county's applicable community plan land use map, the general plan's objectives
and policies, the proposed request's intent and purpose, and the proposed
request's compliance with the general plan. If approved, the application would
not negatively impact or obstruct public or private schools, parks,
playgrounds, water systems, sewage systems, or solid waste disposal facilities.
B. Protests
Before or on the day of the application's
public hearing, protests may be submitted with the relevant planning authority.
The ordinance approving the application won't take effect until at least six
council members have voted in favour of it in the situation where at least 40%
of the recorded owners or lessees of lots situated within 500 feet of the
subject parcel's borders have submitted written objections. The following
criteria should be used to determine the proportion of owners or lessees of
record who have submitted written protests:
Protest
Zone
The total number of parcels that are
within a 500-foot radius of the subject parcel's limits includes both those
that are totally within that distance and those that are just partially within
that distance. Each property, whether wholly or partly located within five
hundred feet, should be treated similarly for calculating the percentage.
Roadways and parks are examples of publicly owned properties that must be
included into the calculation.
2. A protest by less than all of a
parcel's owners or lessees. If any
of the owners or lessees of a parcel within five hundred feet of the subject
property's borders promptly lodged a protest, the parcel will be deemed to have
done so.
3. Retraction
of Protest.
Even if it arrives after the planning
commission's public hearing on the application, an objection may be withdrawn
in writing. After that date, a protest cannot be revived. The proportion of
owners or lessees of record who have submitted written objections must be
adjusted upon receipt of a formal withdrawal of protest.
4. A zoning change that the planning
director or council has requested.
C. Project Master Plan and Development Plan
Unless the planning director or council
specifies otherwise in writing at the time the change of zoning is commenced,
the protest procedures under this section shall not apply to a change of zoning
initiated by the planning director or council. According to this title's
requirements, the applicant must present a project master plan and development
plan.
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