BIL 043 Draft 02 2022-2024 - Laserfiche WebLink

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i i i (4) The petition for short-term commercial agricultural use dedication must be si.ng ed by all owners of the land being dedicated. (5) Action by director on petition. (A) Upon receipt of a petition as provided above, the director shall make a finding of fact as to whether the land in the petition area is reasonably well suited for the intended use. The finding shall include and be based upon the productivity ratings of the land in those uses for which it is best suited, a study of the ownership, size of operating unit, the present use of surrounding similar lands and other criteria as may be gppropriate. (B) The director shall also make a finding of fact as to whether the intended use is in conflict with theeg neral plan and any gpplicable community development plan of the County, provided that, with respect to lands in Count.. zoning districts other than agricultural, residential and agricultural, familyagricultural, intensive agricultural, or agricultural project district, the director shall make further findings respecting the economic feasibility of the intended use of the land. (C) If all findings are favorable, the director shall approve the petition and declare the land to be dedicated. (d) Approval by the director of the petition to dedicate shall constitute a forfeiture on the part of the owner of any right to change the use of the land to a use other than short-term commercial agriculture for a minimum period of three years, unless otherwise provided by this chapter, subject to cancellation or renewal as follows: (l) At least one hundred eighty days prior to any cancellation or termination,the department of finance shall notify the owner by mail of such cancellation or termination. The owner shall reapply for renewal of the dedication by an application with the director on or before September 1 of the last year of dedication. The renewal petition shall, in all respects, be processed similarly to an original petition. Upon approval by the director of succeeding dedications,the property shall continue to be assessed in accordance with the provisions of the dedication. (2) In the case of a change in zoning not as a result of a petition by M property owner or lessee such that the owner's land is placed within any zoned district other than a County zoned district of agricultural, residential and agricultural, family agricultural, intensive agricultural, or agricultural project district, the dedication may be cancelled within sixty days of the change by the owner. (3) Upon any conveyance or any change in ownership during;the period of dedication, the land shall no longer continue to be subject to the terms and conditions of the dedication. (e) Changing between commercial agricultural categories. (1) If the owner desires to change from a specific commercial agricultural category another commercial agricultural category, the owner shall so petition the director of finance and declare in the petition that: (A) The owner's land can best be used for a commercial agricultural activi ,T other than that for which the petition was originally approved; and (B) The owner will use the land for that new commercial agricultural activity if f the petition is approved. (2) If an owner is permitted to change the use as provided in this subsection,the owner shall be allowed up to twelve months from the effective date of the petition to convert 9