(A) Application requirements. Applications for amendments to the Zoning Code shall be filed with the Enforcement Officer at least ten days prior to the date on which it is to be filed with the Planning Board. The Planning Board shall be responsible for presenting the application to the Board of County Commissioners. Each application shall be signed, be in duplicate, and shall contain at least the following information:
(1) The applicant’s name and address in full;
(2) Applicant’s interest in the property and type of rezoning requested;
(3) The name and address of the recorded owner or owners of the property, if different from division (A)(1) above; and
(4) If the proposed change would require a change in the zoning map, an accurate diagram of the property proposed for rezoning showing:
(a) All property lines with dimensions including north arrow;
(b) Adjoining street with right-of-way and paving widths;
(c) The location of all structures; the use of all land;
(d) The zoning classification of all abutting zoning districts; and
(e) Comprehensive site plan if the application is for commercial, industrial, or multi- family development.
(B) Planning Board’s report. All proposed amendments to the zoning chapter shall be submitted to the Planning Board for review and recommendation. The Planning Board shall have 30 days to submit its report. If the Planning Board fails to submit its report within the above period, it shall be deemed to have approved the proposed amendment.
(C) Six-month moratorium following denial. A public hearing shall be held by the Board of County Commissioners before the adoption of any proposed amendments to the zoning chapter. When the Board of County Commissioners shall have denied any application for the change of any zoning district, it shall not thereafter accept any other application for the same change of zoning district affecting the same property, or any portion, until the expiration of six months from the date of such previous denial.
(D) Conflict of interest. A member of the Board of County Commissioners shall not vote on any zoning map or text amendment, where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member. Members of appointed boards providing advice to the Board of County Commissioners shall not vote on recommendations regarding any zoning map or text amendment, where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member.
(E) Statement prior to decision. Prior to adopting or rejecting any zoning amendment, the governing board shall adopt a statement, describing whether its action is consistent with an adopted comprehensive plan, and explaining why the Board considers the action taken to be reasonable and in the public interest. This statement is not subject to judicial review.
(1996 Code, § 155.253) (Ord. passed 5-21-1984; Ord. passed 3-20-2006)