This section defines the process, application requirements, and standards for approval for amendments to the Official Zoning Map.
1. Review Process and Submittal Requirements.
A. Conceptual Review Meeting. Before an applicant can submit a rezoning application, the applicant must attend a conceptual review meeting. This requirement may be waived, upon written request to the Director or his her designee, by all members of the Interagency Review Team.
B. Formal Application Submitted. A petition to rezone property signed by the property owners and all additional application requirements shall be submitted to the Planning and Development Department, including:
(1) Application form and filing fee.
(2) Statement of justification addressing Standards for Approval from subsection 2 of this section.
C. Interagency and Staff Review of Application. Following submittal of a completed petition to rezone property, Planning and Development Staff shall review application materials for compliance with the Standards for Approval from subsection 2 of this section. The application shall also be reviewed by members of the Interagency Review Team.
D. Meeting Notice for Planning and Zoning Commission. The failure to notify as provided in this section shall not invalidate any recommendation made under the terms of the Ordinance, provided such failure was not intentional, and the omission of the name of any owner of property who may, in the opinion of the Board of Supervisors, be affected by such amendment or change shall not invalidate any recommendation adopted hereunder, it being the intention of this subsection to provide, to the fullest extent possible, due notice that an application is pending before the Board of Supervisors proposing to make a change in the Official Zoning Map or the regulations set forth in the Ordinance.
(1) Notice to Affected Cities. The Planning and Development staff shall send notice to any city within which the area to be rezoned lies within two miles of said corporate boundaries outlining the location, time and date of the public hearing before the Planning and Zoning Commission.
(2) Notice to Surrounding Property Owners. The Planning and Development staff shall send a notice via mail to all surrounding property owners within one-fourth mile of the property included in a rezoning request outlining the location, time and date of the public hearing before the Planning and Zoning Commission.
(3) Legal Notices, Notice of location, time and date of the meeting held by the Planning and Zoning Commission shall be published in the official newspapers of Story County.
(4) Public Notice Sign. A sign giving notice of the public hearing shall be posted on the property by Planning and Development staff, weather permitting.
E. Public Hearing before the Planning and Zoning Commission. A staff report shall be prepared and presented by the Planning and Development staff at the Planning and Zoning Commission meeting. Any person may submit comments or testify at the public hearing. After the public hearing, the Planning and Zoning Commission may make a recommendation to the Board of Supervisors or refer the application back to the applicant and/or staff for further information.
F. Meeting Notice for Board of Supervisors. The failure to notify as provided in this section shall not invalidate any recommendation made under the terms of the Ordinance, provided such failure was not intentional, and the omission of the name of any owner of property who may, in the opinion of the Board of Supervisors, be affected by such amendment or change shall not invalidate any recommendation adopted hereunder, it being the intention of this subsection to provide, to the fullest extent possible, due notice that an application is pending before the Board of Supervisors proposing to make a change in the Official Zoning Map regulations set forth in the Ordinance.
(1) Notice to Affected Cities. Planning and Development staff shall send notice to any city within which the area to be rezoned lies within two miles of said corporate boundaries outlining the location, time and date of the public hearing before the Board of Supervisors.
(2) Notice to Surrounding Property Owners. Planning and Development staff shall send a notice via mail to all surrounding property owners within one-fourth mile of the property included in a rezoning request outlining the location, time and date of the public hearing before the Board of Supervisors.
(3) Legal Notices. Notice of location, time and date of the meeting held be the Board of Supervisors shall be published in the official newspapers of Story County.
G. Public Hearing before the Board of Supervisors. Following a recommendation by the Planning and Zoning Commission, the request shall be forwarded to the Board of Supervisors. The requirements of Section 1.11(2) defines the processes followed for action on the ordinance. In case the Commission does not recommend approval of the change, or in case of a protest against such change signed by the owners of 20 percent or more, either of the area included in such proposed change, or the area immediately adjacent thereto and within 500 feet of the boundaries thereof. Such amendment shall not become effective except by the favorable vote of at least two-thirds of all the members of the Board of Supervisors.
(Ordinance No. 252)
2. Standards for Approval. All petitions to rezone shall satisfy the following standards for such requested action to be approved:
A. The proposed rezoning shall conform to the Cornerstone to Capstone (C2C) Comprehensive Plan, including any land use plans that are adopted as components of the C2C Plan. If the proposed rezoning is not in conformity with the Cornerstone to Capstone (C2C) Comprehensive Plan, an amendment to the Cornerstone to Capstone (C2C) Comprehensive Plan shall also be proposed.
(Ord. 304 - Sep. 22 Supp.)
B. The proposed rezoning shall conform to the Statement of Intent for the proposed district and district requirements.
C. The proposed rezoning shall be compatible with surrounding land uses and development patterns.
D. The proposed rezoning shall protect environmental resources. Rezoning of parcels containing more than 50 percent of the gross acreage as lands identified with areas designated natural resource areas on the Cornerstone to Capstone (C2C) Comprehensive Plan shall not be approved unless such requested action results in a district designation more restrictive than the current designation or conditions protecting the identified areas are attached to the rezoning request.
(Ord. 317 – Apr. 24 Supp.)
E. In areas where the petition to rezone requests a change from A-1 District or A-2 District to another district, lands scoring 267 or above for total LESA score, as determined by a Land Evaluation Site Assessment (LESA) as adopted for Story County, shall not be approved.
(Ordinance No. 208)
3. Conditions of Approval. As a part of an ordinance authorizing an amendment, supplement or change in a district, or from one district to another district, the Board of Supervisors may impose conditions on a property owner, heirs and assigns, which are in addition to existing regulations if the additional conditions have been agreed to in writing by the property owner before the required public hearing or any adjournment of the hearing regarding the third consideration of the application.
(Ordinance No. 184)
A. The conditions must be reasonable and imposed to satisfy public needs, must be based on and related to the rezoning application, must be related to the physical development and/or operation of the property and must be in conformity to adopted plans and policies.
B. Such conditions may limit the range of uses on the property, may require a site plan showing the layout and character of the proposed development and/or operation of the property, and/or may require certain characteristics of site improvements and development standards to lessen potentially negative impacts on adjacent properties. If conditions are made a part of the rezoning, it shall be so noted on the Official Zoning Map. Conditions may address the following, as appropriate:
(1) Compatibility. Proposed buildings or uses shall be constructed, arranged or operated so as to be compatible with the character of the district and immediate vicinity, and not to interfere with the development and use of adjacent property in accordance with the applicable district regulations. The proposed development and operation shall not be unsightly, obnoxious nor offensive in appearance to abutting or nearby properties.
(2) Transition. The development shall provide for a suitable transition, and if necessary, buffer between proposed buildings or uses and surrounding properties.
(3) Vehicle Circulation. The development shall provide for adequate ingress and egress with particular attention to vehicular and pedestrian safety and convenience, traffic flow and control, and emergency access.
(4) Signs and Lighting. Permitted signage shall be in accordance with the applicable regulations and shall be compatible with the immediate vicinity. Exterior lighting, if provided, shall give consideration to glare, traffic, safety, and compatibility with property in the immediate vicinity.
4. Denial by Board. Whenever any petition for an amendment, supplement, or change of the 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 a minimum of one year from the date of the action by the Board of Supervisors has elapsed.