(a) Nature of application. An application for a critical area reclassification may be for a more or less restrictive classification and may cover more than one lot if portions of each lot are proposed to be designated in the same classification or one or more classifications.
(b) Requirements for approval. Critical area reclassifications shall be granted or denied in accordance with compatibility with the underlying zoning district, but may not be granted unless the Administrative Hearing Officer makes the following affirmative findings:
(1) There was a mistake in the approved critical area map based on land uses or natural features in existence on December 1, 1985, provided that a property located within 2,000 feet of public water or sewer may not be considered to have public water or sewer for purposes of reclassification and may not be considered to be a mapping mistake;
(2) The proposed critical area classification conforms to the State and County critical area mapping criteria;
(3) The proposed critical area classification conforms to the environmental goals and standards of the General Development Plan;
(4) There is compatibility between the uses of the property as reclassified and surrounding land uses, so as to promote the health, safety, and welfare of present and future residents of the County and effective environmental land use management; and
(5) The applicant provided to the Critical Area Commission a copy of the Administrative Hearing Officer's notice and a copy of the application at least 30 days before the date of the hearing.
(Bill No. 4-05; Bill No. 67-08)