This Section provides uniform procedures for amendments to the SLDC text or the zoning map.
Applicability.
The provisions of this section shall apply to any application to:
Amend the text of the SLDC;
Amend the zoning map by reclassifying the zoning district of a tract, parcel or lot from one zoning district to another; or by reclassifying the zoning districts for areas, communities or countywide.
Initiation.
SLDC text or map amendments may be initiated by the Board, the Planning Commission, an owner/applicant, or the Administrator for specific tracts, parcels or lots requiring quasi-judicial hearings; or for the SGMP, an Area, District, Community Plan or countywide zoning map or SLDC text changes requiring legislative hearings.
No text or map amendments to the SLDC may be proposed by an owner/applicant unless accompanied by a complete application in a form established by the Administrator, which application may require a request by the owner/applicant for discretionary development approval on the same land meeting all requirements of the SLDC for such discretionary development approval.
No amendment to the SLDC text or zoning map requiring a quasi-judicial hearing that concerns a single tract, parcel or lot under common ownership, or where the affected land by is [sic] predominantly owned by a single person or entity under common ownership, shall be granted unless the Board makes a finding that there has been a substantial change in the conditions of the area surrounding the owner’s property or an error or mistake in the SLDC text or zoning map; or the amendment is consistent with the SGMP and any applicable Area, District or Community Plans for the property.
Legislative Hearings.
The Planning Commission and Board shall consider amendments to the SLDC during a public hearing. The hearing shall be conducted as a legislative hearing where the SLDC text or map amendment does not concern a single tract, parcel or lot under common ownership, or the land affected by the text or map amendment is not predominantly owned by a single person or entity under common ownership.
Quasi-Judicial Hearings.
The public hearing before the Planning Commission and Board shall be quasi-judicial where the proposed SLDC text or map amendment has been filed by an owner/applicant; the text or map amendment concerns a single tract, parcel or lot under common ownership; or the land affected by the text or map amendment is predominantly owned by a single person or entity under common ownership.
Decision.
After receipt of the Planning Commission’s recommendation, the Board shall approve, conditionally approve or deny the map or text amendment. If the proposed map or text amendment is inconsistent with the General, Area, District, or Community Plan, the proposed amendment shall be denied unless a concurrent application for an amendment to the SGMP, Area, District or Community Plan has been submitted by the owner/applicant, the Board, the Planning Commission or the Administrator, and has been concurrently approved to eliminate any inconsistency.
Approval Criteria.
In reviewing an application for an SLDC text or map amendment, the Board shall consider the criteria set forth in this Section. No single factor is controlling; each must be weighed in relation to the other. The Board may attach to the development order approving or conditionally approving the application, any and all applicable conditions and mitigation requirements.
Consistency.
An SLDC text or map amendment shall be consistent with the SGMP, Area, District or Community Plan, the Official Map and the CIP.
Criteria.
1. Public Policy.
The Board has determined through the SGMP that vast acreages of contiguous single-use zoning produces uniform sprawl with adverse consequences, such as traffic congestion, air pollution, increased energy usage, fiscal impact, inadequate provision of public facilities and services, loss of environmentally sensitive land and groundwater pollution. Accordingly, SLDC text or map amendments shall be granted primarily to promote compact development, economic, commercial and residential mixed uses, traditional neighborhood and transit oriented development, sustainable design and higher densities. Important public policies in favor of the SLDC text or map amendment shall be considered, including but not limited to:
a. the provision of a greater amount of affordable housing;
b. economic, nonresidential and renewable energy development;
c. advancement of public facilities and services and elimination of deficiencies through use of voluntary development agreements;
d. traditional neighborhood, transit oriented, infill, opportunity center and compact mixed-use development;
e. substantial preservation of open space;
f. sustainable energy efficient construction and neighborhood design; and g. consistency with the SGMP, Area, District or Community Plan goals, policies and strategies applicable to the property.
2. Adverse Impacts on Neighboring Lands.
The Board shall consider the nature and degree of any adverse impacts upon neighboring lands. Tracts, parcels or lots shall not be rezoned in a way that is substantially inconsistent with the uses of the surrounding area, whether more or less restrictive.
3. Suitability as Presently Zoned.
The Board shall consider the suitability or unsuitability of the tract, parcel or lot for its use as presently zoned. This factor shall however, be weighed in relation to proof of a clerical mistake in the text or map dimensions and uses of the zoning district, substantially changed conditions in the area surrounding the property, or to effectuate the important public policies of Section 1.15.6.2, and is supported by the goals, policies, and strategies of the SLDC, the SGMP, Area, District or Community Plan.
Subsequent Applications.
1. Applicability.
The provisions of this Section do not apply to any SLDC text or map amendment that is initiated by the County.
2. Amendments.
Any subsequent amendment to the SLDC text or map requires a new application and a new fee and shall be processed as set forth in this Section.
3. Scope of Approval.
No construction of a building or structure, grading, occupancy or use of the land shall be commenced without the owner/applicant obtaining all further required development approvals.
4. Recording and Publication.
The amendment shall be recorded and published in accordance with law. When the amendment involves map changes to existing zoning district boundaries, the form of the amending ordinance shall contain a narrative description of the land to be reclassified or reference to an accompanying plat of such land, showing the new zoning classifications and designating the new boundaries. The Administrator shall refer to the attested ordinance as a record of the current zoning status until such time as the zoning map is physically changed.
