Whenever the public necessity, convenience, general welfare or good zoning practice requires, the Board of Supervisors may on its own action or by petition, after recommendation by the Zoning Commission and public hearing as specified herein, amend, supplement or change the regulations, district boundaries, or classification of property, now or hereafter established by the Zoning Ordinance or amendments hereof. The procedure for such amendment, supplement or change is as follows:
1. Applications for any change of district boundaries or classification of property as shown on the Official Zoning Map shall be submitted to the Zoning Administrator at their public office upon such forms and shall be accompanied by such data and information as may be prescribed for that purpose by the Zoning Commission so as to assure the fullest practicable presentation of facts for the permanent record. Each such application shall be verified by at least one of the owners of all of the property within the area proposed to be reclassified, attesting to the truth and correctness of all facts and information presented with the application. A non-refundable application fee for such request for rezoning shall be paid in full to the Zoning Administrator at the time the application is made, with the amount of said fee in accordance with a Fee Schedule adopted from time to time by Resolution of the Board of Supervisors. Applications for amendments of the text or requirements of the Zoning Ordinance shall likewise be submitted to the Zoning Administrator on forms prescribed by it and shall be verified by the person or persons preparing said amendment. The Zoning Administrator shall forward a copy of all such applications to each member of the Zoning Commission.
2. Before submitting its recommendations on a proposed amendment to the Board of Supervisors, the Zoning Commission shall hold at least one (1) public hearing thereon, notice of which shall be given to all property owners within 500 feet of the property concerned (or 200 feet if currently zoned “R”), by placing said notice in the United States Mail at least ten (10) days before date of such hearing. If the applicant is the only adjacent land owner within 500 feet or 200 feet, as applicable, of the property for which the amendment is being sought, notice must be sent to the next adjacent land owners. The notice shall state the place and time at which the proposed amendment to the Zoning Ordinance, including text and maps, may be examined. When the Zoning Commission has completed its recommendations on a proposed amendment, it shall certify the same to the Board of Supervisors.
3. After receiving the certification of said recommendations on the proposed amendment from the Zoning Commission and before adoption of such amendment, the Board of Supervisors shall hold a public bearing thereon, the notice of time and place of which shall be published not less than four (4) days or more than twenty (20) days by one publication in a newspaper of general circulation in the County. In addition, notices shall be sent by the United States Mail as specified in subsection 2 above.
4. After receiving certification of the recommendations on the proposed amendment from the Zoning Commission and after holding the public hearing provided for, the Board of Supervisors shall consider such recommendations and vote upon the adoption of the proposed amendment. The proposed amendment shall become effective by a favorable vote of a majority of all of the members of the Board of Supervisors.
5. Any person or persons desiring a change in the zoning classification of property shall file with the application for such change a statement giving the names and addresses of the owners of all properties lying within 500 feet or 200 feet, as applicable, of any part of the property proposed to be changed.
6. Failure to notify as provided in Subsections 2 and 3 above shall not invalidate any recommendation of the Zoning Commission provided such failure was not intentional, and the omission of the name of any owner of property who may, in the opinion of the Zoning Commission be affected by such amendment or change, shall not invalidate any recommendation adopted hereunder; it being the intention of this subsection to provide, so far as may be, due notice to the persons substantially interested in the proposed change that an application is pending before the Zoning Commission proposing to make a change in the Zoning Map or the regulations set forth in the Zoning Ordinance.
7. Each application for an amendment, except those initiated by the Zoning Commission, shall be accompanied by a payment of a fee in an amount established from time to time by the Board of Supervisors to cover the approximate costs of this procedure and under no conditions shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law.
8. Whenever any petition for an amendment, supplement or change of the zoning districts or regulations herein contained or subsequently established shall have been denied by the Board of Supervisors, then no new petition covering the same property and/or additional property shall be filed with or considered by the Board of Supervisors until one (1) year shall have elapsed from the date of the filing of the first petition.
(Ch. 55 – Ord. 2022-04 – Jan. 23 Supp.)
EDITOR’S NOTE | |||
The following ordinances have been adopted amending the Official Zoning Map described in Section 55.05 of this chapter and have not been included as a part of this Code of Ordinances but have been specifically saved from repeal and are in full force and effect. | |||
ORDINANCE NO. | DATE ADOPTED | ORDINANCE NO. | DATE ADOPTED |
All Zoning Map Amendments adopted prior to the effective date of this Zoning Ordinance. | |||
2010-12 | 6-28-10 | 2021-01 | 2-9-21 |
2010-13 | 10-11-10 | 2021-02 | 3-9-21 |
2010-14 | 11-8-10 | 2021-03 | 4-13-21 |
2010-15 | 11-8-10 | 2021-04 | 11-9-21 |
2011-24 | 10-24-11 | 2021-05 | 11-9-21 |
2011-25 | 10-24-11 | 2021-06 | 12-14-21 |
2012-28 | 10-8-12 | 2022-01 | 4-26-22 |
2012-29 | 10-8-12 | 2022-03 | 11-22-22 |
2012-30Updated Official Zoning Map | 11-13-12 | ||
2013-32 | 3-12-13 | ||
2013-33 | 3-12-13 | ||
2013-34 | 7-23-13 | ||
2013-35 | 10-8-13 | ||
2013-36 | 10-8-13 | ||
2013-37 | 11-12-13 | ||
2014-39 | 5-27-14 | ||
2014-40 | 11-25-14 | ||
2015-41 | 3-10-15 | ||
2015-42 | 4-14-15 | ||
2015-43 | 4-28-15 | ||
2015-44 | 10-13-15 | ||
2015/45 | 11-10-15 | ||
2016-46 | 6-28-16 | ||
2016-47 | 7-12-16 | ||
2016-48 | 9-13-16 | ||
2016-49 | 9-13-16 | ||
2017-51 | 5-23-17 | ||
2017-52 | 5-23-17 | ||
Corrective 2017-52 | 6-27-17 | ||
2017-54 | 10-24-17 | ||
2018-56 | 2-13-18 | ||
2018-57 | 4-24-18 | ||
2018-60 | 12-26-18 | ||
2018-61 | 2-12-19 | ||
2019-62 | 7-9-19 | ||
2019-63 | 9-10-19 | ||
2019-64 | 10-8-19 | ||
2020-65 | 4-28-20 | ||
2020-66 | 10-13-20 | ||
2020-67 | 11-24-20 | ||
2020-69 | 12-22-20 | ||