§ 50-292. Initiation.

(a)

Applications to amend this chapter may be in the form of proposals to amend the text of this chapter, the official zoning maps, or the comprehensive land use map.

(1)

An application to amend the text of this chapter may be initiated by the planning commission or be submitted to the planning commission by the board of commissioners or by any person having an interest in the county.

(2)

An application to amend the comprehensive land use map or the official zoning maps may be initiated by the planning commission or be submitted to the planning commission by the board of commissioners or by any person having an interest in the county.

(3)

Unless initiated by the planning commission or the board of commissioners, all applications to amend the comprehensive land use map or official zoning maps may be submitted only by the owner of the affected property or by the authorized agent of the owner following procedures set forth in this section and in section 50-294. If submitted by an authorized agent of the owner, such authorization shall be notarized and attached to the application.

(4)

Not more than once every 12 months shall an application for an amendment to the official zoning maps or the comprehensive land use map affecting the same property be submitted, such interval to begin on the date of final decision by the planning commission. The 12-month interval shall not apply to applications initiated by the planning commission or the board of commissioners, excepting official zoning map amendment applications that are denied by the board of commissioners, in which case the interval required for the subsequent application shall be at least 12 months. However, if an ordinance change were made (that would affect his or her application) during the interval of a denied applicant, they would be entitled to resubmit without waiting the full 12 months. An application to alter conditions of a rezoning may be submitted at any time.

(5)

An application may be withdrawn without prejudice at any time prior to the first appearance of the legal advertisement as required by this chapter. An application for an amendment may be withdrawn prior to a vote by the planning commission or board of zoning appeals or prior to final action by the board of commissioners, but in such event an application for the same amendment may not be resubmitted to the planning commission for consideration for a period of six months from the date of withdrawal. Unless withdrawn at the public hearing, the withdrawal must be in writing, signed and dated by the applicant.

(b)

The permitted order in which amendments may be made to the text of this chapter, the official zoning maps, and the comprehensive land use map, respectively, is as follows:

(1)

The text of this chapter may be amended without prior or subsequent amendment to the comprehensive land use map or the official zoning maps.

(2)

The official zoning maps may be amended without an amendment to the comprehensive land use map only if the proposed amendment:

a.

Will permit only the same uses that are permitted by the then current comprehensive land use map; or

b.

Does not affect an area greater than 20 acres in size.

(3)

If a proposed amendment to the official zoning maps exceeds 20 acres in size and would permit a use that is not authorized within the subject property's current land use category as shown on the comprehensive land use map, the applicant must first obtain an appropriate amendment to the comprehensive land use map before applying for the amendment to the official zoning maps.

(c)

The comprehensive land use map may be amended regardless of the zoning districts that apply to the subject property.

(Ord. of 12-7-2004, art. XIV, § 14.1; Ord. of 11-3-2009(8))