COM 1041.000 2006-2008 - Laserfiche WebLink

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Pete Hoffmann, Chairman and Members of the County Council Page 2 (1) not result in a net increase in the density allowed in the zoning district(s) containing the affected area; or (2) be the lesser of a five percent or one acre increase or decrease in the area of any zoning district(s)." This language was a change made in the 1996 amendments to the Zoning Code. The provision prior to 1996 was more restrictive: "Section 25-18.1. Nonsignificant zoning changes. (a) The planning director may administratively grant nonsignificant zoning changes, which is defined as a change in district classification 1) which does not result in an increase or decrease in any zoning designation affecting more than five percent or one acre of any parcel of property, whichever is less, and 2) which is in compliance with the general plan and development plan designations of the property. (b) The director shall promulgate rules in compliance with FIRS chapter 91 to carry out this section of the law. (1990, Ord. No. 90-77, sec. 2.) This wording is somewhat vague and has been interpreted to allow ,,nonsignificant zoning changes" involving large acreages, as long as there was no net increase in the density, and to allow the planning director to move zoning designations substantial distances, even between noncontiguous properties. A rezoning is a major change that determines the basic uses of the land, and normally should be decided by the council, after review by the Planning Commission, and with the recommendation of the Planning Director, rather than by the Planning Director's unilateral decision. If the council wants to rezone a large area and give the Planning Director flexibility to change uses within that area, the Zoning Code has a tool: "project district" zoning, under Sections 25-6-40 to 49.2. Nonsignificant zoning changes, done administratively by the Planning Director, have a legitimate function of allowing relatively small and minor adjustments to zoning lines without the necessity of going to the council for all such changes. For example, they have been legitimately used to adjust the boundaries of golf courses zoned Open against residential and commercial uses within resorts. Nonsignificant zoning changes should not be used to make major changes in zoning without the involvement of the council and Planning Commission. For these reasons, the Planning Director recommends that nonsignificant zoning changes be limited to those that increase or decrease zoning designations affecting five percent of the area, or one acre, whichever is less, of any affected lot. This would change the law back to what it was before to the 1996 Zoning