Forsyth County › Unified Development Code

Chapter 8 — Zoning and Application Procedures, Article 9 — ZONING CONDITION AMENDMENTS

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§ 8-9.1

Purpose and Intent.

It is the intent of this article to specify provisions for the filing and consideration of applications for zoning condition amendments. By requesting Board action regarding zoning conditions, the applicant may be subject to additional conditions given that the Board of Commissioners must review the application in its entirety in determining whether an amendment is warranted.

§ 8-9.2

When Required.

Applications for zoning condition amendments shall be required when land development or proposed land development may be unable to comply with the approved zoning conditions that were adopted by the Board of Commissioners during approval of a rezoning, conditional use permit, or sketch plat application. An application for a zoning condition amendment shall also be required to amend conditions as enacted by the Zoning Board of Appeals during an approval of a variance application. Applications for zoning condition amendments shall also be required to amend conditions placed on sketch plat applications for any application that was approved by the Planning Commission when they had jurisdictional decision making authority over sketch plat applications.

§ 8-9.3

Application Requirements.

All applications for zoning condition amendments, as defined by this Code shall provide the information as specified in this section. Changes in zoning conditions that conflict with other parts of this Code shall also require an approved variance which may be heard simultaneously by the Board of Commissioners. Permitted variances shall be in conformance with 8-6.2 and 8-6.3 of this Chapter.

(A)Requirements for All Applications. All applications for zoning condition amendments shall provide the appropriate information as specified in sections 8-2.1 (A) through (G) of this Chapter.

(1)Site Plan. All site plans submitted for zoning condition amendments shall be submitted in conformance with 8-2.1 (E). The site plan is only required if the requested language being modified involves a reconfiguration of the site plan approved as part of the original application. The reconfigured site plan shall only include changes that directly relate to the language being modified and shall not include any new site plan details which are not related to the language modifications.

Depending on the scope of changes, the director may require the applicant to also submit a sketch plat application.

(B)Public Participation Plan. All zoning condition amendment applications shall include a public participation plan in accordance with section 8-5.4 (B) of this chapter, with the exception of public participation sign and public participation meeting.

(C)Public Participation Report. All zoning condition amendment applications shall include a public participation report in accordance with section 8-5.4 (C) of this chapter, except the report need not contain items related to a public participation meeting and the deadline for submittal of the report shall be per the deadline schedule as published by the department.

(1)Incomplete Public Participation Report. The Public Participation Report shall be required prior to the public hearing. If the Public Participation Report does not meet the criteria as set forth in the Public Participation Plan, section 8-5.4 (B), then the application shall be considered incomplete and shall be postponed from being scheduled for a public hearing.

(D)Written Evaluation. The applicant for a zoning condition amendment shall submit sufficient written information describing why the conditions cannot be met and the exact language of zoning conditions requested to be modified and as proposed to be modified. The written evaluation shall also include written justification for any request of variances as specified in 8-6.2 and 8-6.3(A) (1) and (B).

(E)Disclosure of Campaign Contributions and Gifts to Public Officials. All zoning condition amendment applications shall include disclosure, pursuant to the Forsyth County Code of Ethics (Forsyth County Resolution and Ordinance #77), of any campaign contributions/gifts equal to or greater than $100 given to any Forsyth County elected official within two years of the application filing date.

§ 8-9.4

Procedures.

All applications for zoning condition amendments shall comply with the following procedures:

(A)Application for Board Consideration. Applicants shall submit to the department an Application for Board consideration. The submittal shall be in conformance with the provisions set forth in Article II and this article. All applications determined complete by the department shall be subject to the following restrictions:

(1)Applicant Changes. No changes shall be allowed to any Application for Board consideration once it determined complete by the department, except as specified by the director.

(2)Public Hearing Sign. The applicant shall be required to place the Public Hearing Sign(s) on the subject property in accordance with section 8-3.3(C). The applicant shall be required to obtain the sign from the department in accordance with department procedures.

(3)Scheduling of Public Hearing. The department shall both advertise and schedule the application for a Public Hearing in accordance to the provisions in Article III of this Chapter.

(4)Staff Report. County staff shall review each Application for Board consideration in its entirety, compile a Staff Report, and submit all necessary information to the Board of Commissioners with sufficient time for Board review prior to the Public Hearing.

(B)Public Hearing. All zoning condition amendment applications shall receive a public hearing in accordance with the provisions as set forth in Article III of this Chapter.

(1)Applicant Initiated Postponement. The applicant for a zoning condition amendment may request postponement of any public hearing for the application, and such postponement may be granted by the County, provided:

(a)Postponement is not requested more than three (3) times for any one application; and

(b)The total period of time requested for postponement does not exceed six (6) months; and

(c)The applicant agrees to pay for the costs of readvertising the application for public hearing and agrees to post public notice signs on the property.

(2)Board of Commissioners Initiated Postponement. Shall follow the rules and procedures adopted by the Board of Commissioners.

(3)Board of Commissioners Action on Zoning Condition Amendments. All zoning condition amendment applications shall be scheduled for public hearing in front of the Board of Commissioner and consideration will be without the benefit of a Planning Commission recommendation.

(a)General Considerations for Decision. To determine whether a zoning condition amendment application should be approved, the Board of Commissioners shall utilize the same criteria used in the original determination when the conditions were enacted, specifically those criteria in section 8-5.5(F)(2)(a-b).

(C)Board of Commissioner Decision. Approvals of zoning condition amendment applications shall be documented in a letter sent out by the department.

(D)Application for Land Disturbance Permit or Building Permit. Zoning condition amendment applications approved by the Board of Commissioners are eligible to continue with the development process by applying for the appropriate land disturbance permit or building permit; provided however, that all subsequent submittals are in conformance with the approved Board of Commissioner decision and all requirements identified in this Code, and other County, state, and federal requirements, as applicable.

Figure 8.3 Alternative Design Review, Appeal of Zoning Board of Appeals Decision and Zoning Condition

Amendment Process Application f or Board Consideration Staff Review and Public Notice Provided Review of Application completeness Appeal of

Table or figure — shown as printedverify at source ↗

     Zoning                 Alternate                    Zoning                 Zoning

     Condition              Design                       Board of               Board of

Amendment                   Review                       Appeals                Appeals

Decision Decision upheld No Public Hearing Granted Board of Com missioners Public Hearing Withdraw n Withdraw n w ithout w ith Approved Prejudice Prejudice Denied w ith or w ithout conditions ARTICLE X, HOME OCCUPATION APPLICATIONS: