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Rezoning
or reclassification of property is requested
whenever the desired use cannot be accommodated within the
current zoning district. Rezonings typically affect a fairly
substantial change in the potential use of the property and,
under both state law and the
County Code, both the
Planning Commission and the
Board of Supervisors in
order that they may benefit from the advice and counsel of
the public before making a decision.
At the sole
discretion of the applicant, proffers or conditions on the
use of the property may be voluntarily offered to the County
in order to enhance the chances for favorable action on the
request. Typically, proffers relate to such things as use
restrictions, timing/phasing of development, off-site
improvements, additional aesthetic features, capital
contributions, and similar items either not otherwise part
of or above and beyond the normal plan approval process.
In reviewing
rezoning requests, many factors are considered, but the most
important ones involve the relationship of the request to
the
Comprehensive Plan and
neighboring properties, and the potential impacts to the
county in terms of public services, fiscal demands,
transportation systems, and the environment. In general,
there is a presumption that the existing zoning is correct
and reasonable. Consequently, the burden of proof falls to
the applicant to show why his or her proposal is a more
reasonable or appropriate use of the property from a
perspective of the County as a whole. The County's zoning
plan is based on the
Comprehensive Plan.
Therefore, the long-term best interest of the County is a
critical component and the assertion that there is no
current market or use of a property in a particular zoning
classification is insufficient, by itself, to justify
reclassification.
The rezoning
process usually takes approximately ninety (90)
days, or longer if the issues are complex. Planned
development requests require one hundred twenty
to one hundred eighty (120-180) days
to process.
Contact the
Planning Division if you
need more information regarding the rezoning process.
Obtain a copy of
the
application.
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Special Use Permits
are required for certain
land uses in certain zoning districts where the
land use may or may not be an acceptable
neighbor to surrounding properties or may be
acceptable only under certain conditions. The
Board of Supervisors
and
Planning Commission
review each of these requests individually and
provide opportunities for public comment during
advertised public hearings.
Special Use Permits are often necessary for
those uses which are generally thought of as
having external or "spillover" impacts, one or
more of which may negatively affect a
neighboring property. Included are uses that
produce higher than normal levels of noise,
light, odor, or activity. The Board of
Supervisors, in approving a Special Use Permit,
may impose any number of reasonable conditions
on the use to ensure its compatibility with its
surroundings.
Considerations in reviewing requests for Special
Use Permits include:
-
Potential service, fiscal, transportation
and environmental impacts
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Relationship of use to its surroundings
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Conditions that would ameliorate the
potential negative impacts
Once
issued, Special Use Permits and any conditions
imposed run with the land for an indefinite
period of time unless specifically conditioned
otherwise.
There is no inherent right to obtain a Special
Use Permit. Special Use Permits are a privilege
granted by the County. It falls to the applicant
to demonstrate the necessity for and
appropriateness of establishing the special use
on the specific property.
The
Special Use Permit process usually takes
approximately
90 days, longer if the issues are more
complex.
Contact the
Planning Division if you need more
information regarding the Special Use Permit
process.
Obtain a copy of the
application.
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