§ 1. [Adoption of policies for Zone Map changes and Special Use Permit applications.]
The following policies for deciding zone map changes and Special Use Permit applications pursuant to the Comprehensive County Zoning Code are hereby adopted:
A.
A proposed land use change must be found to be consistent with the health, safety, and general welfare of the County.
B.
The cost of land or other economic considerations pertaining to the applicant shall not be the determining factor for a land use change.
C.
A proposed land use change shall not be in significant conflict with adopted elements of the Comprehensive Plan or other County Master Plans and amendments thereto including privately developed area plans which have been adopted by the County.
D.
Stability of land use and zoning is desirable; therefore, the applicant must provide a sound justification for land use change. The burden is on the applicant to show why the change should be made.
E.
The applicant must demonstrate that the existing zoning is inappropriate because:
(1)
there was an error when the existing zone map pattern was created; or
(2)
changed neighborhood or community conditions justify the land use change; or
(3)
a different use category is more advantageous to the community, as articulated in the Comprehensive Plan or other County Master Plan, even though (1) or (2) above do not apply.
F.
A land use change of zone shall not be approved where some of the permissive uses in the land use change would be harmful to adjacent property, the neighborhood or the community.
G.
A proposed land use change which, to be utilized through land development, requires major and unprogrammed capital expenditures by the County may be:
(1)
denied due to lack of capital funds; or
(2)
granted with the implicit understanding that the County is not bound to provide the capital improvements on any special schedule.
H.
Location on a collector or major street is not in itself sufficient justification of apartment, office, or commercial zoning.
I.
A zone change request which would give a zone different from surrounding zoning to one small area, especially when only one premises is involved, is generally called a "spot zone." Such a change of zone may be approved only when:
(1)
the change will clearly facilitate realization of the Comprehensive Plan and any applicable adopted sector development plan or area development plan; or
(2)
the area of the proposed zone change is different from surrounding land because it could function as a transition between adjacent zones; because the site is not suitable for the uses allowed in any adjacent zone due to topography, traffic, or special adverse land uses nearby; or because the nature of structures already on the premises makes the site unsuitable for the uses allowed in any adjacent zone.
J.
A zone change request which would give a zone difference from surrounding zoning to a strip of land along a street is generally called "strip zoning." Strip commercial zoning will be approved only where:
(1)
the change will clearly facilitate realization of the Comprehensive Plan and any applicable adopted sector development plan or area development plan; or
(2)
the area of the proposed zone change is different from surrounding land because it could function as a transition between adjacent zones; because the site is not suitable for the uses allowed in any adjacent zone due to topography, traffic, or special adverse land uses nearby; or because the nature of structures already on the premises makes the site unsuitable for the uses allowed in any adjacent zone due to traffic or special adverse land uses nearby.
RESOLUTION NO. 116-86
PASSED AND ADOPTED THIS 21st day of October, 1986.
BOARD OF COUNTY COMMISSIONERS:
/s/ Patrick Padilla
Patrick Padilla, Chairman/s/ Marion M. Cottrell
Marion M. Cottrell, Vice Chairman/s/ Lenton Malry
Lenton Malry, Member/s/ Orlando Vigil
Orlando Vigil, Member/s/ Patricia H. Cassidy
Patricia H. Cassidy, MemberATTEST: /s/ Delores C. Waller
Delores C. Waller, County Clerk