§ 134-124. Action by board of commissioners.

(a)

Before taking action on an application for rezoning and after receipt of the staff report, the planning commission's recommendation and the applicant's report, where required, the board of commissioners shall conduct a public hearing on the application in accordance with rules and procedures as may be adopted by the board of commissioners from time to time. Prior to or in conjunction with the hearing, the board of commissioners shall review the applicant's report, if any, the staff report and the planning commission's recommendation.

(b)

So that the purpose of this chapter will be served and the health, public safety and general welfare secured, the board of commissioners may approve or deny the application, or other zoning agenda item, reduce the land area for which the application is made, change the zoning classification, district or category requested, either to the one(s) sought or to other constitutionally permissible classification(s) which may not necessarily be an intervening classification, add or delete conditions of the application, including but not limited to site-specific conditions, variances to zoning regulations, or allow an application to be withdrawn without prejudice with respect to the 12-month limitation of this division. This Code section shall apply to any application for rezoning, special land use permit, temporary land use permit, other business item, special exception or any other agenda item heard by the board of commissioners. An action by the board to defer or continue the application shall include a statement of the date and time of the next meeting at which the application will be considered, which statement shall constitute public notice of the hearing on the application, and no further notice except posting and legal advertising is required.

(c)

The decision by the board of commissioners to approve in whole or part, reject, condition or delete an application for rezoning shall be based on, but not limited to, a consideration of the following criteria:

(1)

Whether the zoning proposal will permit a use that is suitable in view of the use and development of adjacent and nearby property;

(2)

Whether the zoning proposal will adversely affect the existing use or usability of adjacent or nearby property;

(3)

Whether the zoning proposal will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or schools;

(4)

Whether the zoning proposal is in conformity with the policy and intent of the land use plan; and

(5)

Whether there are other existing or changing conditions affecting the use and development of the property which give supporting grounds for either approval or disapproval of the zoning proposal.

(Ord. of 12-26-72; Ord. of 12-11-90, § 3-28-8.4; Ord. of 1-11-94; Ord. of 2-8-00; Ord. of 7-24-12; Amd. of 2-25-14)