Yes. Under state law the county must consider four additional factors in determining whether the property should be rezoned. Those factors are listed in Sec. 18.234 of the zoning code.
No. The Architectural Review Board (ARB) does not make any final decisions. The Board is strictly advisory to the Plan Commission.
Yes; appeals are made to the circuit court and generally must be filed with the court soon after the decision has been made.
Yes; appeals are made to the circuit court and generally must be filed with the court soon after the decision has been made.
A public hearing is intended to allow the petitioner the opportunity to describe their proposed project and interested parties the opportunity to share their concerns with the reviewing authority. While all public comments are welcome, speakers should focus on those elements of the project that are within the review authority's scope of authority. Consistent with established policies, public comments may be limited in duration to make sure everyone can be heard.
When we receive a development application, staff will review the materials to make sure the application submittal is complete and ready for formal review. If an application submittal is not complete, staff will notify the applicant and describe the parts that are not complete.
A determination that an application is complete means the application is ready for formal review and does not suggest the applicant has provided sufficient information in all regards or preclude the reviewing authority from requesting additional information it deems appropriate.
In some circumstances, a decision-making body can reconsider a prior decision provided a specific set of procedures are followed.
No. The members on the Board of Appeals are similar in many respects to a judge. They hear and evaluate evidence in a public forum and render a decision within the context of local, state, and, in some cases, federal law. This is referred to as a "quasi-judicial" decision. It is not proper for anyone - the applicant, a proponent, or an opponent - to contact a board member regarding a potential or pending application. Because these private conversations, referred to as "ex parte communication" should not occur, all parties can be assured of an unbiased proceeding, even if they do not agree with the outcome.
Application fees are set by the County Board to reflect the level of review required. In a few instances, the cost to submit an application for review also requires the payment of professional charge back fees. All of the application fees are listed on a fee schedule. For your convenience, the current application fees are shown on the "Procedures" page under "Highlights."
No. The Plan Commission cannot review concept plans. If you want feedback on a proposed project before submitting an application, you should meet with the zoning administrator who can give you his or her preliminary comments.
The short answer is that property can be subdivided so long as the parcel or parcels being created meet the requirements of the subdivision regulations (chapter 23), the zoning code (chapter 18), and all other regulations that may apply. However, there may be instances where those land use regulations preclude the creation of new lots. Some land cannot be divided because the property is too small, the land does not have a source of potable water or a means of disposing of wastewater, or the land may be located in an area where new lots should not be created, for example in the floodway of a river. As a starting point, find out how big the parcel is and the minimum lot size for the zoning district in which it is located. In any event, be sure to contact the zoning administrator for more information. If the property is located in a residential subdivision, you should also review the covenants, if any, to see if there are any private restrictions.
Yes. As the property owner you may submit an application to rezone your property. The procedures and requirements are listed in Division 1 of Article 5 of the zoning code. For your convenience, we have posted some of this information on the "Procedures" tab under "Highlights."
A tax key number is an alpha-numeric code that the county assessor assigns to each parcel of land and is used for record keeping purposes. If you are filling out an application, you will need to know the tax key number of the subject property.
A person owning property that is subject to the zoning code can submit an application to amend the text of the zoning code. The application will need to be very specific in terms of the requested change. The procedures and requirements are listed in Division 1 of Article 7 of the zoning code. For your convenience, we have posted some of this information on the "Procedures" page under "Highlights."
A zoning permit is needed when any structure is erected, relocated, or altered or when a new type of land use is established on a property. For example, fences, sheds, swimming pools, building additions, driveways, and decks all require a zoning permit. If you are unsure, please contact the zoning administrator at 111-222-3333.
Application fees are not refundable. They are intended to cover the costs necessary to review the application.
The office hours are 8:00 a.m. to 4:30 p.m., Monday through Friday. Walk-in permit issuing hours are 8:00 a.m. to 10:00 a.m. and 1:00 p.m. to 2:00 p.m. Other hours are available by appointment.
A public official charged with making a decision regarding a specific development application is said to have a conflict of interest when it would appear that the person is not able to make an unbiased decision. If a person has a conflict of interest, he or she is required to recues himself or herself from the decision-making process. This term is defined in the zoning code in Article 3 and is posted on the "Definition" page under "Highlights."
A development agreement is a contract between a developer and the municipality that describes the rights and responsibility of the parties with regard to a development project, like a subdivision, that has received preliminary or final approval. They can address a wide range of issues, including the installation of infrastructure needed to support the project and phasing if its a large project. All development agreements are public records and can be viewed during normal office hours.
You can stop by our office to obtain hard copies, or better yet, go the 'Procedures' tab under 'Zoning Code.' There you’ll find a complete list. The forms can be viewed, printed, and downloaded to your computer.
If a person starts a regulated activity under the municipality’s land development code without approval, the application fee for submitting an application is doubled.
The tax key number can be found on the property tax statement for the property. You can also look on the County's online mapping system. Go to
www._____.gov and click on 'GIS' from the menu on the left side. When the application opens, you can use the various tools to locate the property in question and then view the tax key number.
There are various standards in the zoning code that specifically authorize the zoning administrator or the Plan Commission to approve development that does not meet a dimensional requirement that generally applies in most situations. Special exceptions are reviewed on an case-by-case basis and must meet the requirements of the section of the zoning code authorizing the special exception. Division 8 of Article 8 of the zoning code describes the various procedures and requirements. To review some of the key requirements, go to "Procedures" under "Highlights."
The County does not issue building permits. Each town issues building permits. You should contact the building inspector for more information.
The land development code authorizes the zoning administrator to issue a written interpretation when he or she is requested to do so or determines that an interpretation is needed to clarify a specific provision in the land development code when generally applied to all situations or when applied to a particular situation. To view a list of interpretations that have been issued, go to the 'Code Interpretations' tab under 'Code Administration.'
An access permit is required when a driveway or road is constructed that will access a state, county, or town road. You should contact the person listed below for more information.
Department of Transportation (DOT); contact _____ at 111-222-3333
County Highway Department; contact _____ at 111-222-3333
Town road; contact the building inspector for the town
