(A) Authority. This chapter, including the official zoning map, may be amended from time to time by the County Council as herein specified, but no amendment shall become effective unless is shall have first been submitted to the Planning Commission for review and recommendation.
(B) Initiation of amendment.
(1) An amendment to the official zoning map may be initiated by adopted motion of County Council, adopted motion of the Joint Planning Commission, the Zoning Administrator, the owner of the property affected, or an authorized agent with written authorization from the property owner.
(2) A request for a zoning map amendment by a property owner or their agent shall be initiated by submittal of a completed application form provided by the Zoning Administrator, accompanied by a copy of the most recently recorded plat for each included parcel and any other relevant supporting information for inclusion in the agenda packet for the Joint Planning Commission, and a filing fee established by resolution of County Council.
(3) An amendment to the zoning ordinance text may be initiated by adopted motion of County Council or adopted motion of the Joint Planning Commission. Any citizen may make a request for a text amendment to either body. Should the Council or Commission choose to act on such request, it shall direct the Zoning Administrator to study the request and present a recommendation at their next regular meeting. At that time, if the Council or Commission chooses to pursue the amendment, it shall direct the Zoning Administrator to prepare the amendment for their consideration at a later meeting.
(4) An identical amendment to the district designation of the same or a portion of the same property for which a rezoning has been denied shall not be initiated more often than once in each 12-month period after denial unless the Joint Planning Commission determines either:
(a) There has been a substantial change in the character of the area; or
(b) Evidence or factors exist which were not considered in the previous deliberations which might substantially alter the basis for the Joint Planning Commission recommendation.
(5) A complete application for amendment must be received at least 2 weeks prior to the Joint Planning Commission meeting in order to be considered at the meeting.
(C) Minimum district size. No amendment shall be initiated which would create a new zoning district with an area of less than 2 acres; except that the minimum area for a PDD (Planned Development District) district shall be 10 acres. The minimum requirement does not apply to extension of an existing district, or addition of any commercial or industrial district to any other commercial or industrial district.
(D) Amendment procedure. The following procedural steps are required for adoption of a text or map amendment; amendments shall be initiated pursuant to division (B).
(1) Amendment ordinance shall be prepared in written form required by County Code.
(2) The proposed amendment shall be referred to Joint Planning Commission for review and recommendation.
(3) Property owners whose land is the subject of a proposed amendment shall be allowed to present oral or written comments to the Joint Planning Commission. If oral or written comments are to be presented by the property owner, the Commission shall give other interested members of the public, including adjoining property owners, 10-days' notice and allow them to comment in the same manner.
(4) Joint Planning Commission review shall include a determination of whether the proposed amendment is in conformity with the Newberry County Comprehensive Plan.
(5) The Joint Planning Commission shall file with County Council its report and recommendation on the proposed amendment within 30 days after receipt. If the Commission does not make a recommendation to approve, approve with conditions, deny, or defer a decision on a proposed amendment within 30 calendar days after the petition has been referred to it, then the Commission shall be considered to have recommended approval of the proposed amendment.
(6) Notice of a public hearing before County Council shall be published in a newspaper of general circulation in the County at least 15 days prior to hearing.
(7) Notices of public hearing shall be posted on or adjacent to property to be rezoned at least 15 days prior to the hearing, with 1 notice visible from each street bordering the property. Posted notices shall contain letters not less than 1 inch in height.
(8) Notice of public hearing shall be mailed at least 15 days prior to the hearing to adjacent landowners and groups which have filed a written request for notices.
(9) County Council may introduce an amendment ordinance for first reading and hold a public hearing on the same date. Joint Planning Commission recommendation shall be reviewed and considered.
(10) County Council, after receiving the recommendation of the Joint Planning Commission, shall within a reasonable time either reject the proposed amendment or approve the proposed amendment, with or without modifications, or defer action until it has time to consider any new evidence. County Council may adopt or reject the amendment ordinance per the requirements of § 31.57 of the Newberry County Code of Ordinances. Map amendments may be adopted or rejected for all or any portion of the property; however, a zoning district designation which was not included in the public notices shall not be adopted. An amendment may be withdrawn in writing by the initiator at any time prior to final action by County Council. A withdrawn amendment is not subject to the 12-month limitation in division (B)(4).
(11) Following action by County Council, any necessary changes per the amendment shall be made to the copy of the zoning ordinance maintained by Zoning Administrator and in the official copy of the County Code maintained by the County Clerk to Council. All adopted map amendments shall be reflected on the official zoning map.
(Ord. 06-11-16, passed 9-21-2016)