A. Amendment or Waiver of Rezoning Conditions.
1. The owner of a property may submit to the planning and development services department a written request to amend or waive one or more of the conditions of the rezoning;
2. The request shall be accompanied by a biological impact report and documentation of unforeseen changes in the marketplace, governmental regulations or natural conditions, that have occurred since the approval and that create special hardship due to unique circumstances of the subject property;
3. All requests for the amendment or waiver of approved or adopted rezoning conditions shall require a noticed public hearing and action by the board of supervisors;
4. If the planning official determines that the amendment or waiver would result in a substantial change, as defined in Section 18.91.020(A)(7) in any rezoning condition, the planning official shall refer the request to the planning and zoning commission for noticed public hearing and recommendation prior to public hearing by the supervisors. A request for an amendment or waiver that would result in a substantial change to an approved condition of rezoning is subject to the protest petition procedures of Section 18.91.080(B);
5. For all hearings, the department shall prepare a staff report in accordance with Section 18.91.050(A);
6. In addition, the supervisors may refer any amendment or waiver request to the commission for its recommendation prior to taking action. If they determine that an amendment or waiver would result in a substantial change in rezoning conditions, they shall refer it to the commission;
7. If the supervisors amend or waive a rezoning condition, the planning and development services department shall prepare a resolution stating the approved amendment or waiver of condition, and schedule it for adoption by the supervisors.
B. Sketch Plan or Preliminary Development Plan Changes.
1. Public hearing process: If modifications of a sketch plan or preliminary development plan occur by action of the planning and zoning commission or board of supervisors during the public hearing process, an overlay map or a revised plan showing the recommended revisions shall be submitted to the planning and development services department:
a. If changes are recommended by the commission, no further public hearing shall be advertised until receipt of an acceptable overlay map or a revised plan, which verifies the recommended changes;
b. If changes are made by the supervisors and, in the opinion of the supervisors, the changes warrant the commission's reconsideration of the plan, the supervisors may re-refer the plan to the commission for further recommendation. No hearing before the commission shall be held until receipt of an acceptable overlay map or a revised plan which verifies the changes made by the supervisors;
c. If changes are made by the supervisors and, in the opinion of the supervisors do not warrant the commission's reconsideration of the plan, the changes shall be incorporated into the revised sketch plan or preliminary development plan, which shall be submitted to the department within thirty working days after the hearing. No subdivision plans, development plans or other submittals shall be accepted until the revised plan is received and verified;
2. Subsequent to approval:
a. Once a sketch plan or preliminary development plan has been approved by the supervisors, only nonsubstantial changes which do not change the intent of the plan can be made with the approval of the planning and development services director. The director may, however, recommend that any nonsubstantial change be referred to the commission or the supervisors as a waiver request;
b. Any substantial change to an approved sketch plan or preliminary development plan shall be considered as a waiver request (refer to Section 18.91.100A).
C. Time Extensions.
1. A property owner or the owner's authorized agent may request an extension of the time limit established for a case under Section 18.91.080. A written time extension request shall be accompanied by a biological impact report and shall be submitted to the planning division on or before the expiration date of the time limit. Rezoning time extension fees shall be paid in accordance with the adopted fees schedule.
2. The planning division shall prepare a report on the time extension request in accordance with Section 18.91.050.A and may, as warranted by changed circumstances, also recommend the addition, modification or deletion of rezoning conditions. The staff report shall indicate whether or not the recommended modification or deletion would result in a substantial change of a zoning condition that would require a hearing before the planning and zoning commission under Section 18.91.100.A.6.
3. A noticed public hearing by the board of supervisors is required for time extensions. Notice shall be provided in accordance with Section 18.91.060.B. At the time of consideration of a time extension request, the supervisors may add, modify or delete rezoning conditions in conformance with Section 18.91.100.A.6.
4. The board of supervisors shall not grant a time extension beyond ten years from the date of original rezoning approval.
5. The supervisors may choose to approve only a portion of the rezoning for a time extension. The approved new time limit begins as of the previous expiration date.
6. If a rezoning ordinance has not been adopted for the rezoning prior to the expiration date and the supervisors approve a new time limit, a rezoning ordinance shall be forwarded to the supervisors for adoption.
7. If a rezoning ordinance has been adopted, a resolution for the new time limit shall be forwarded to the supervisors for adoption.
8. If the supervisors deny the time extension request, the rezoning case shall be closed and the property shall revert to its previous zone.
D. Rezoning Applications Approved Prior to April 3, 1992.
1. Rezoning requests which had conditional approval and no time limit prior to April 3, 1992 may be closed or receive time limits in accordance with Section 18.91.100.C or F, or be scheduled for rezoning ordinance adoption in accordance with Section 18.91.080.C.2, after a decision of the board of supervisors.
2. Rezoning requests which received conditional approval prior to April 3, 1992, and are subject to a time limit may be scheduled for rezoning ordinance adoption in accordance with Section 18.91.080.C.2. Prior to the expiration date, the planning division shall notify the owner and process the rezoning in accordance with Section 18.91.100.C.
3. Public hearings and notice shall be provided in accordance with this chapter.
E. Closure of Rezoning Cases.
1. The planning division shall close rezoning cases:
b. Upon written request of the applicant made prior to adoption of a rezoning ordinance by the board of supervisors for the entire property;
c. After the effective date of annexation for the entire property;
d. Upon denial of the rezoning request by the supervisors;
e. Upon issuance of a certificate of compliance by the planning director for the entire property;
f. Upon reversion of the property to its previous zone by action of the supervisors in accordance with Section 18.91.100.C and F.
g. Upon denial of a rezoning time extension request. If a time extension request is denied for only a portion of the rezoning site, that portion of the rezoning shall be closed.
F. Reversion of Rezoning.
1. After the expiration date of a time limit, if no time extension request has been submitted and the required rezoning conditions have not been satisfied which would allow a certificate of compliance to be issued for all or a portion of the property, then the planning division shall schedule a public hearing by the board of supervisors to cause the property to revert to its previous zoning classification.
2. The planning division shall notify the property owner by registered mail of a public hearing date before the supervisors.
3. If the supervisors decide not to close the rezoning case, the applicant shall submit a time extension request and fee to the planning division within 30 days of the date of the supervisors' decision. The planning division shall prepare a time extension request for public hearing in accordance with Section 18.91.100.C. If the time extension application and fee are not filed within the required 30 days, the rezoning case shall be closed by the planning division.
4. If the supervisors close the rezoning case, the property shall revert to its previous zone.
G. Special Procedures for Golf Course (GC) Zoning.
Refer to Section 18.59.560 (GC Golf Course Zone) for GC requirements and procedures.
(Ord. 2001-103 § 1 (part), 2001; Ord. 1996-91 § 1 (part), 1996; Ord. 1994-114 § 6 (part), 1994; Ord. 1993-12 § 1 (part), 1993; Ord. 1992-18 § 1 (part), 1992; Ord. 1987-74 § 1, 1987; Ord. 1985-141 § 1 (part), 1985)
