(a) A request to amend this chapter may be initiated by:
(1) The board of commissioners, on its own motion;
(2) The planning board, on the submittal of a request to the board of commissioners;
(3) The county manager, on submittal of a request to the board of commissioners; or
(4) Any property owner or citizen, or agent thereof, on submittal of an application to the planning director.
(b) All requests and applications for amendments to this chapter shall be acted on as provided in this division.
(c) No amendment to zoning regulations or a zoning map that down-zones property shall be initiated nor is it enforceable without the written consent of all property owners whose property is the subject of the down-zoning amendment, unless the down-zoning amendment is initiated by the county. For purposes of this section, down-zoning means a zoning ordinance that affects an area of land in one of the following ways:
(1) By decreasing the development density of the land to be less dense than was allowed under its previous usage.
(2) By reducing the permitted uses of the land that are specified in a zoning ordinance or land development regulation to fewer uses than were allowed under its previous usage.
(d) A request for a rezoning to a conditional zoning district may be made only by application from the owners of all the property included in the area proposed to be rezoned. This option is intended to support rezonings for firm development proposals with definitive plans that are customized to the context of a particular development project on a particular site. Each conditional zoning district includes one or more conditions of approval that help the project conform to the county’s adopted ordinances and plans, and mitigate the impacts reasonably expected to be generated by the development or use of the site.
(1) Conditions and requirements. The approval for each conditional district shall specify all conditions of development and use of land that differ from the requirements of the corresponding general use district. Specific conditions may be proposed by the petitioner, by staff, or by the board of commissioners, but only those conditions approved by the board of commissioners and consented to by the petitioner in writing may be incorporated into the zoning regulations. Such conditions must be designed to help the project conform to the county’s adopted ordinances and plans, and/or mitigate the impacts reasonably expected to be generated by the development or use of the site. Such conditions may be stricter than the corresponding general use district. Such conditions may also relax applicable standards, as long as no dimensional standard is relaxed by more than ten percent, the uses permitted by the corresponding general use district are not expanded, and the density of overall development is not increased beyond the density allowed in the corresponding general use district.
(2) Eligible uses. Uses allowed by right in the general use district are eligible to be considered in the corresponding conditional district, as modified by any conditions of approval.
(3) Development standards. Any proposed development within a conditional district must meet all requirements of the corresponding general use district, as modified by any conditions of approval.
(4) Submittal of site plan. This zoning option is intended only for development proposals that are ready to proceed from plan approval to construction in a timely manner. As a result, each project must include a site plan that meets the site plan requirements listed in this ordinance as modified by any site specific conditions.
(5) Relationship to overlay district standards. Regulations applicable in an overlay zoning district shall apply to a conditional zoning district. If the standards governing a conditional zoning district expressly conflict with those governing an overlay district, the more restrictive standards shall apply.
(e) Revisions to approved conditional zonings. Except as allowed under minor modifications below, all changes to approved conditional zonings are major amendments and shall follow the same process applicable for the original approval.
(1) Changes to individual parcels within a conditional zoning district. For a conditional zoning district applicable to multiple parcels, the owners of individual parcels may apply for minor modification or major amendment so long as the change would not result in other properties failing to meet the terms of the conditions. Any approved changes shall only be applicable to those properties whose owners petitioned for the change.
(2) Minor modifications. The planning director is authorized to review and approve administratively a minor modification to an approved conditional zoning, subject to the following limitations. The minor modification:
a. Does not involve a change in uses permitted or the density of overall development permitted;
b. Does not increase the impacts generated by the development on traffic, stormwater runoff, or similar impacts beyond what was projected for the original development approval; and
c. Meets all other ordinance requirements.
d. Site design minor modifications are limited adjustments to the terms or design of an approved development plan or plat, including a site plan attached as a condition to a conditional zoning. In addition to the general limitations for minor modifications, a site design minor modification must comply with underlying zoning standards and other applicable conditions of the approval and be limited to a minor change such as, without limitation, a minor adjustment to road configuration or internal circulation, a minor adjustment to building location, or a minor adjustment to utility alignment.
(3) Appeals and variances. A decision on a minor modification may be appealed to the board of adjustment as an administrative determination. An application for a minor modification does not preclude an applicant from seeking a variance from the board of adjustment.
(Ord. of 7-10-2000, § 16.2; Amend. of - - )