(A) Application.
(1) The proceedings for amendment of this ordinance shall be initiated by:
(a) A petition from the owner or owners of the property specified on the application;
(b) A recommendation of the County Planning Commission; or
(c) By action of the Board of County Commissioners.
(2) An application for an amendment shall be filed with the Zoning Administrator on the prescribed form.
(3) All applications to change the wording of this ordinance shall include the following information:
(a) The stated reason for the requested change;
(b) A statement on the compatibility of the requested change with the County Comprehensive Plan;
(c) The portion of the existing ordinance which is to be amended;
(d) The proposed amended text and statements, which outline any other effects that the amendment may have on other areas of this ordinance; and
(e) Any additional information requested by the Planning Commission.
(4) All applications to change the boundaries of any zoning district shall include the following information:
(a) The names, addresses and signatures of the petitioner or petitioners;
(b) The names and addresses of all property owners within the area to be rezoned, and a description of the property owned by each, and signatures from property owners in favor of the petition to rezone;
(c) A legal description of the property or properties to be rezoned and a specific description of the area to be rezoned;
(d) The present and proposed district classifications of the area;
(e) The current and proposed use of the land;
(f) A copy of any deed restrictions or covenants pertaining to the property or properties to be rezoned;
(g) A statement explaining the reason for the requested change in zoning;
(h) A statement on the compatibility of the requested change with the county’s Comprehensive Plan or any other officially approved plan;
(i) A map, plot plan or survey plot of the property or properties to be rezoned which illustrates the location, dimensions, zoning, existing uses and buildings located on adjacent properties within 500 feet in incorporated areas, and one-half mile in unincorporated areas; and
(j) Any additional information requested by the Planning Commission.
(B) Public hearing.
(1) The Planning Commission shall hold at least one public hearing on each petition for amendment of this ordinance or rezoning prior to any final decision by the County Board. Such public hearings may be continued from time to time and additional hearings may be held.
(2) Upon receipt in proper form of the application and other requested material, the Zoning Administrator shall set the date of the public hearing. All such hearings shall be held in a location prescribed by the Planning Commission.
(3) Notice of the time, place and purpose of any public hearing shall be given by publication in a newspaper of general circulation in the town, municipality or other area concerned, and in the official newspaper of the county at least ten days before the hearing.
(4) In addition, written notice of public hearings on all amendments to this ordinance shall be sent to the governing bodies of all towns and all municipalities located within the county.
(5) Written notice of the time, place, and purpose of public hearings regarding the application of this ordinance to specific properties (rezoning) shall be sent to the petitioner or petitioners and to the adjacent property owners at least ten days before the hearing. The written notice shall be sent to property owners as follows:
(a) In incorporated areas, to all property owners of record within 500 feet of the affected property;
(b) In unincorporated areas, to owners of record within one-half mile of the affected property; and
(c) Written notice shall also be given to the affected board of town supervisors, and the municipal council of any municipality within two miles of the affected property.
(6) The current tax records on file in the office of the County Assessor shall be deemed sufficient for notification purposes. The failure of any property owner to receive notification, or defects in the notice, shall not invalidate the proceedings, if a bona fide attempt to comply with this subsection has been made.
(7) Written notice shall be sent to the Commissioner of Natural Resources at least ten days prior to any public hearing regarding amendments, affecting the Shoreland Overlay District.
(8) Any interested party may appear in person or by agent or by attorney at the public hearing.
(C) Action and authorization.
(1) Following the close of the public hearing and the formulation of the Planning Commission’s recommendations, the Zoning Administrator shall report the findings and recommendations of the Planning Commission to the County Board at its next regularly scheduled Board meeting.
(2) Unless otherwise extended by written authorization of the applicant, the County Board shall act on the proposed amendment within 60 days of the receipt of a completed application for a rezoning or zoning amendment.
(3) The County Board shall have the option to hold whatever public hearings it deems advisable.
(4) Unless otherwise extended by written authorization of the applicant, if no report or recommendation is transmitted by the Planning Commission to the County Board, within 60 days after the receipt of a completed application, the County Board may take action without the recommendation.
(5) Approval of any amendments to this ordinance shall require a majority vote of all members of the County Board.
(6) A petition for rezoning which has been denied by the County Board shall not be reconsidered for at least one year.
(D) Fees.
(1) An application fee for a proposed zoning district boundary change or an amendment to this ordinance shall be as established by the County Board by resolution. Such fee shall be payable when the petition is filed.
(2) Any outside costs for consulting services to aid the Planning Commission, or County Board, or both, in making a decision on the petition shall be paid by the applicant. Such fee shall be determined by the County Board.
(E) Effective date. The amendment shall become effective upon adoption by the County Board and publication or such date after publication as the County Board shall designate.
(F) Similar use.
(1) A determination of similar use is when the County Board determines that a proposed use that is not in the zoning ordinance is “similar” to a use that is in the zoning code. The zoning administrator first issues a statement of clarification finding that the use is not sufficiently similar to any other use specifically listed and regulated in the zoning code. Any person proposing such use may then file an application for the County Board to determine if a use is or is not similar to other uses permitted in a specific district. The application and the process to determine if a use is similar to another use will follow the procedures for a zoning amendment as outlined in this section.
(2) The Planning Commission must make the following findings in determining one use is similar to another:
(a) That the use is similar in character to one or more of the principal uses permitted;
(b) That the traffic generated on such use is similar to one or more of the principal uses permitted;
(c) That the use is not first permitted in a less restrictive zoning district; and
(d) That the use is consistent with the Comprehensive Plan.
(3) The Planning Commission may recommend and the County Board may impose such reasonable conditions and limitations in granting an approval as are determined to be necessary to fulfill the spirit and purpose of this ordinance and to protect adjacent properties.
(Ord. 97, passed 7-21-2009)