BC 1990 07 23 - Laserfiche WebLink

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456 2. Name(s) and address(es) of all abutting property owners, including all on site easement holders. 3. A legal description of the proposed rezoning. If rezoning to an "SU" district is desired, petitioner also submits a development plan as described in Paragraph 10.10, part 3 at this time. Step 2 Staff Review. The Planning and Zoning Department staff review the submitted application. If the rezoning is to an "SU" district, the staff also reviews the proposed development plan. After review, the staff will again meet with the petitioner to discuss its recommendation. The petitioner may refuse or accept staff recommendations. Step 3 Planning Board, The Planning Board will consider all applications to amend the atlas or text of this Ordinance at their regularly scheduled monthly meetings. Applications must be filed thirty (30) days prior to the regularly scheduled monthly meeting so that staff evaluations can be accomplished. Applications along with respective staff evaluations must be submitted to the Planning Board at least five (5) days prior to the regular monthly meeting date. Step 4 Planning Board Recommendations to Commission, Within thirty (30) days of hearing the presentation of an application to amend, the Planning Board shall submit its recommendation to the County Commission. Failure to do so will be considered a favorable recommendation. Step 5 Timing of Public Hearing by County Commission, Within forty-five (45) days of a recommendation by the Planning Board on an application to amend text or atlas, or, within the lapse of forty-five (45) days with no recommendation, the County Commission shall hold a public hearing. The following notice procedures will be followed: Notice will be given twice in a newspaper of general circulation in the County, first run not less than ten (10) days nor more than twenty-five (25) days prior to the public hearing date. Step 6 Factors Weighed at Public Hearing. When evaluating a proposed amendment, the Commission will consider the following: 1. the amendment application itself and the information presented within; 2. the testimony presented at the public hearing; 3. county wide planning objectives and how they would be effected by the proposed change; and, 4. in the case of atlas changes to a general zoning district, the compatibility of all uses allowed within the proposed zoning classification with uses permitted on other property in the vicinity. Step 7 Commission Action on Amendments. At the conclusion of the public hearing on a proposed amendment, the Commission may proceed to vote on same, refer it to either the Planning Board or Staff for further study, or take any other action consistent with its usual rules of procedure. Voting on amendments to this Ordinance shall proceed in the same manner as other ordinances. Step 8 The Effect of Atlas Amendment, A vote to rezone property will result in the appropriate change being made to the atlas. In the event of an "SU" district rezoning, the final development plan is itself a condition of the rezoning. Accordingly, the development plan must be filed in the Planning and Zoning Office and will be enforced as part of the Cabarrus County Zoning Ordinance. Also, it is the responsibility of the petitioner to file the development plan in the Cabarrus County Register of Deeds Office as a deed restriction upon the subject property. It will be perpetually binding on the property upon which it is issued unless another rezoning request is brought and approved. Additionally, where substantial construction has not begun within two (2) years of an "SU" rezoning, the property in question may revert to its prior designation after a public hearing held in compliance with the required procedure for an atlas amendment. Step 9. Issuance of Permit. When an application for rezoning to an "SU" district has been approved by the Board of Commissioners, the petitioner must secure a Certificate of Zoning Compliance from the Office of the Zoning Administrator for Cabarrus County. 10.12 Minor Changes and Modifications in Approved "SU" District Development Plans. The Zoning Administrator is authorized to approve minor changes in the implementation of development plans as long as such changes are in harmony with the overall intent of the rezoning. A proposed change that becomes a modification of the rezoning shall not be within the authorizing scope of the Zoning Administrator but instead, shall be handled as a new application. In determining the degree of change, the Zoning Administrator may refer to those