Article 16, Section 16-4

Other

• Appeal process30 days

  Any zoning applicant who is aggrieved by the decision of the Planning and Zoning Director under Section 16-4-5 may petition the governing body for review of such decision(s). Such petition shall be filed with the Planning and Zoning Director within thirty (30) days after the decision.

• Criteria for conditionalConditional useAllowed only after a discretionary approval — usually a public hearing and a board vote. zoning conditions

  The governing body may approve reasonable conditions in addition to existing zoning district regulations as part of a rezoning or amendment of the zoning map, provided that the conditions meet the following criteria: (a) The rezoning itself must give rise to the need for conditions. (b) All conditions shall have a reasonable relation to the rezoning. (c) No condition shall include a cash contribution to the County. (d) No condition shall include a mandatory dedication of real or personal property for open space, parks, schools, fire stations or other public facilities except those provided for by law. (e) No condition shall include payment for or construction of off-site improvements except those otherwise provided for by law. (f) All conditions shall relate to the physical development or physical operation of the property. (g) All conditions shall be in conformity with the County's comprehensive plan. (h) No condition shall be used for the purpose of discrimination in housing.

• Enforcement authority

  The zoning administrator shall be vested with all the necessary authority on behalf of the governing body to administer and enforce conditions attached to such rezoning or amendment of the zoning map, including: (a) The ordering in writing of the remedy of any noncompliance with such conditions. (b) The bringing of appropriate legal action to insure compliance with such conditions. (c) The requiring of a guarantee or contract or both for construction of physical improvements required by such condition(s). (d) The denial of zoning certification with regard to the issuance of any required use, occupancy or building permit.

• Proffer requirements

  The owner or owners of the property which is the subject of a conditional rezoning request shall voluntarily proffer in writing such conditions as he deems appropriate at the time of filing an application to rezone the property or by such later date as the planning commission shall establish in its rules and regulations, but in any event before the commission makes its recommendation to the governing body.

• Proffered materials

  Proffered conditions shall be interpreted to include written statements, development plans, profiles, elevations, photographs of models, and/or other demonstrative materials. All such materials shall be annotated with the following statement signed by the owner or owners of the subject property: 'I (we) hereby proffer that the development of the subject property of this application shall be in strict accordance with the conditions set forth in this submission.'

• Zoning map annotation

  The zoning map shall show by an appropriate symbol the existence of conditions attaching to the zoning on the map. The zoning administrator shall maintain a conditional zoning index which shall be available in his office for public inspection during regular office hours.