§ 30-48.5. Application for rezoning, variances, special exceptions, and appeals of the zoning manager's determinations.

(a)

Applications for rezonings, variances, special exceptions and appeals of zoning manager determinations shall be submitted to the zoning division, with the applicable fee, prior to consideration of the request. Prior to application submittal, the applicant is encouraged to meet on an informal basis with the planning or zoning division, as applicable, to review the request. Complete applications must be submitted at least six (6) weeks prior to the public hearing. Application deadlines shall be posted in the zoning division. All complete applications received by the deadline shall be placed on the public hearing agenda for the next available public hearing. Staff shall review the request and generate a recommendation. Staff review shall involve the following:

(1)

Generation of appropriate maps showing the subject property and the surrounding areas;

(2)

Site inspections to visualize what is on the site and to determine the character and nature of the surrounding area;

(3)

Review of the zoning records to verify zoning trends, if any, in the area;

(4)

Review of comprehensive policy plan to make a consistency finding;

(5)

Review of applicable county regulations and criteria; and

(6)

Consolidation of information obtained in subsections (1) through (5) and finalization of staff recommendations.

Staff recommendations on rezonings shall be delivered to the planning and zoning commission on the Friday prior to the public hearing. Staff recommendations shall also be mailed to the applicants. The information shall also be available to the public for review in the planning and zoning divisions.

(b)

The public hearings on rezoning requests shall be held in the county commission chambers or other designated location on the third Thursday of every month, unless as otherwise designated due to holidays. The public hearings on variances, special exceptions and appeals of the zoning manager's determination shall be held in the county commission chambers or other designated location on the first Thursday of the month, unless otherwise designated due to holidays. At the public hearing, the request shall be read into record; staff recommendation shall be presented and then the applicant shall be given the opportunity to make a presentation.

People wishing to speak in favor of or in opposition to the request shall then be given the opportunity to make a presentation. The applicant is given the opportunity to briefly respond to any opposition. Prior to closing the public hearing, the planning and zoning commission or board of zoning adjustment may question the applicant. Discussion shall then takes place among the members of the planning and zoning commission or board of zoning adjustment and a motion and vote shall be made to either make a recommendation to approve or deny request.

(c)

The planning and zoning commission or board of zoning adjustment recommendations shall be presented to the board of county commissioners no sooner than ten (10) days and no later than thirty (30) days after the planning and zoning commission or the board of zoning adjustment make their respective recommendations. Provided, however, the board of county commissioners, by majority vote, may elect to consider the recommendations of either the planning and zoning commission or the board of zoning adjustment sooner than ten (10) days after the recommendations are made. The board of county commissioners may accept the planning and zoning commission recommendations or board of zoning adjustment recommendations or call its own public hearing for any request. Any person aggrieved by a recommendation of the planning and zoning commission or board of zoning adjustment may appeal to the board of county commissioners within fifteen (15) days of the planning and zoning commission or board of zoning adjustment meeting at which such recommendation was made by following those procedures set forth in section 30-45. If there is no appeal or board called public hearing of planning and zoning commission recommendation or board of zoning adjustment recommendation, then the recommended action shall become final after approval of the recommendations by the board of county commissioners, but no sooner than fifteen (15) days after the planning and zoning commission or board of zoning adjustment action. If a board of county commissioners public hearing is held and there is no appeal of the board of county commissioners' decision, then the decision shall become final ten (10) days following the rendering of board of county commissioners decision. Once the rezoning special exception, or variance decision is finalized, the zoning maps shall be revised to reflect the decision.

(Ord. No. 91-29, § 2(Exh. A), 12-10-91; Ord. No. 98-02, § 8, 1-27-98; Ord. No. 98-37, § 35, 12-15-98; Ord. No. 2003-17, § 6, 11-11-03)