11-829

11-829. Amendment of ordinance or change of
zoning district boundaries; definition

(Rpld. 10/1/11)

A. A property owner or authorized agent of a property owner desiring an amendment
or change in the zoning ordinance changing the zoning district boundaries within an area
previously zoned shall file an application for the amendment or change. All zoning and
rezoning ordinances, regulations or specific plans adopted under this article shall be
consistent with and conform to the adopted county plan. In the case of uncertainty in
constructing or applying the conformity of any part of a proposed rezoning ordinance to
the adopted county plan, the ordinance shall be construed in a manner that will further
the implementation of, and not be contrary to, the goals, policies and applicable
elements of the county plan. A rezoning ordinance conforms with the county plan if it
proposes land uses, densities or intensities within the range of identified uses,
densities and intensities of the county plan.

B. The board of supervisors shall adopt by ordinance a citizen review process that
applies to all rezoning and specific plan applications that require a public hearing.
The citizen review process shall include at least the following requirements:

1. Adjacent landowners and other potentially affected citizens will be notified of
the application.

2. The county will inform adjacent landowners and other potentially affected
citizens of the substance of the proposed rezoning.

3. Adjacent landowners and other potentially affected citizens will be provided an
opportunity to express any issues or concerns that they may have with the proposed
rezoning before the public hearing.

C. Upon receipt of the application the board shall submit it to the commission for
a report. Prior to reporting to the board, the commission shall hold at least one public
hearing thereon after giving at least fifteen days' notice thereof by one publication in
a newspaper of general circulation in the county seat and by posting of the area included
in the proposed change. If the matter to be considered applies to territory in a high
noise or accident potential zone as defined in section 28-8461, the notice shall include
a general statement that the matter applies to property located in the high noise or
accident potential zone. In case of a rezoning, the posting shall be in no less than two
places with at least one notice for each quarter mile of frontage along perimeter public
rights-of-way so that the notices are visible from the nearest public right-of-way. The
commission shall also send notice by first class mail to each real property owner as
shown on the last assessment of the property within three hundred feet of the proposed
amendment or change and each county and municipality which is contiguous to the area of
the amendment or change. In proceedings involving rezoning of land that is located
within territory in the vicinity of a military airport or ancillary military facility as
defined in section 28-8461, the commission shall send copies of the notice of public
hearing by first class mail to the military airport. The notice sent by mail shall
include, at a minimum, the date, time and place of the hearing on the proposed amendment
or change including a general explanation of the matter to be considered and a general
description of the area of the proposed amendment or change. For those counties with five
or more supervisors, the notice must include a general description of how the real
property owners within the zoning area may file approvals or protests of the proposed
rezoning, and notification that if twenty per cent of the property owners by area and
number within the zoning area file protests, an affirmative vote of three-fourths of all
members of the board will be required to approve the rezoning. The following specific
notice provisions also apply:

1. In proceedings that are initiated by the commission involving rezoning, notice
by first class mail shall be sent to each real property owner, as shown on the last
assessment of the property, of the area to be rezoned and all property owners, as shown
on the last assessment of the property, within three hundred feet of the property to be
rezoned.

2. In proceedings involving one or more of the following proposed changes or
related series of changes in the standards governing land uses, notice shall be provided
in the manner prescribed by paragraph 3 of this subsection:

(a) A ten per cent or more increase or decrease in the number of square feet or
units that may be developed.

(b) A ten per cent or more increase or reduction in the allowable height of
buildings.

(d) A ten per cent or more increase or decrease in setback or open space
requirements.

(e) An increase or reduction in permitted uses.

3. In proceedings governed by paragraph 2 of this subsection, the county shall
provide notice to real property owners pursuant to at least one of the following
notification procedures:

(a) Notice shall be sent by first class mail to each real property owner, as shown
on the last assessment, whose real property is directly affected by the changes.

(b) If the county issues utility bills or other mass mailings that periodically
include notices or other informational or advertising materials, the county shall include
notice of such changes with such utility bills or other mailings.

(c) The county shall publish such changes prior to the first hearing on such
changes in a newspaper of general circulation in the county. The changes shall be
published in a display advertisement covering not less than one-eighth of a full page.

4. If notice is provided pursuant to paragraph 3, subdivision (b) or (c) of this
subsection, the county shall also send notice by first class mail to persons who register
their names and addresses with the county as being interested in receiving such notice.
The county may charge a fee not to exceed five dollars per year for providing this
service and may adopt procedures to implement this paragraph.

5. Notwithstanding the notice requirements set forth in paragraph 2 of this
subsection, the failure of any person or entity to receive notice shall not constitute
grounds for any court to invalidate the actions of a county for which the notice was
given.

D. If the planning commission or hearing officer has held a public hearing, the
board may adopt the recommendations of the planning commission or hearing officer through
use of a consent calendar without holding a second public hearing if there is no
objection, request for public hearing or other protest. If there is an objection, a
request for public hearing or a protest, the board shall hold a public hearing thereon at
least fifteen days' notice of which shall be given by one publication in a newspaper of
general circulation in the county seat and by posting the area included in the proposed
change. In counties with territory in the vicinity of a military airport or ancillary
military facility as defined in section 28-8461, the board shall hold a public hearing
if, after notice is mailed to the military airport pursuant to subsection C of this
section and before the public hearing, the military airport provides comments or analysis
concerning the compatibility of the proposed rezoning with the high noise or accident
potential generated by military airport or ancillary military facility operations that
may have an adverse impact on public health and safety, and the board shall consider and
analyze the comments or analysis before making a final determination. After holding the
hearing the board may adopt the amendment by a majority vote of the board for those
counties with fewer than five supervisors. If twenty per cent of the owners of property
by area and number within the zoning area file a protest to the proposed change, the
change shall not be made except by a three-fourths vote of all members of the board for
those counties with five or more supervisors. If any members of the board are unable to
vote on the question because of a conflict of interest, the required number of votes for
the passage of the question is three-fourths of the remaining membership of the board for
those counties with five or more supervisors, except that the required number of votes in
no event shall be less than a majority of the full membership of the board. In
calculating the owners by area, only that portion of a lot or parcel of record situated
within three hundred feet of the property to be rezoned shall be included. In
calculating the owners by number or area, county property and public rights-of-way shall
not be included.

E. The planning commission, on its own motion, may propose an amendment to the
zoning ordinance and, after holding a public hearing as required by this chapter, may
transmit the proposal to the board which shall thereupon proceed as set forth in this
chapter for any other amendment.

F. Notwithstanding title 19, chapter 1, article 4, a decision by the governing body
involving rezoning of land which is not owned by the county and which changes the zoning
classification of such land or which changes the zoning standards of such land as set
forth in subsection C, paragraph 2 of this section may not be enacted as an emergency
measure and such a change shall not be effective for at least thirty days after final
approval of the change in classification by the board. Unless a resident files a written
objection with the board of supervisors, the rezoning may be enacted as an emergency
measure that becomes effective immediately by a four-fifths majority vote of the board
for those counties with five or more supervisors or a two-thirds majority vote of the
board for those counties with fewer than five supervisors.

G. The legislature finds that a rezoning of land that changes the zoning
classification of the land or that restricts the use or reduces the value of the land is
a matter of statewide concern. Such a change in zoning that is initiated by the governing
body or zoning body shall not be made without the express written consent of the property
owner. In applying an open space element or a growth element of a county plan, a parcel
of land shall not be rezoned for open space, recreation, conservation or agriculture
unless the owner of the land consents to the rezoning in writing. For the purposes of
this subsection, rezoning does not include the creation or expansion of overlay zones
solely for the purpose of implementing airport safety and protection. Rezoning also does
not include the redesignation of areas of the county to which the residential provisions
of the county building codes apply or do not apply. The county shall not adopt any
change in a zoning classification to circumvent the purpose of this subsection.

H. For the purposes of this section, "zoning area" means the area within three
hundred feet of the proposed amendment or change.