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STANDARDS GOVERNING EXCERCISE OF THE ZONING POWER TYPE II

Type II planning actions--Generally:

1. Actions in subsection 9-4-4 A. may be approved when the following standards are met:

a. The proposed rezoning conforms to the future land use element of the comprehensive plan; or

b. The proposed special use meets all objective criteria set forth for that use provided in the zoning ordinance and conforms to the purpose and intent of the comprehensive plan and all its elements; and

c. Public services, which include physical facilities and staff capacity, exist sufficient to service the proposed rezoning or special use.

2. Actions in subsection 9-4-4 A. may be further evaluated under the following factors to balance the interest in promoting the public health, safety, morality, or general welfare against the right to the unrestricted use of the property in issue:

a. Existing land use pattern surrounding the property in issue;

b. Possible creation of an isolated district unrelated to adjacent and nearby districts;

c. Population density pattern and possible increase or over-taxing of the load on public facilities including, but not limited to, schools, utilities, and streets;

d. The cost of the unified government and other governmental entities in providing, improving, increasing or maintaining public utilities, schools, streets and other public safety measures;

e. The possible impact on the environment, including but not limited to, drainage, soil erosion and sedimentation, flooding, air quality and water quantity;

f. Whether the proposed zoning amendment will be a deterrent to the value or improvement of development of adjacent property in accordance with existing regulations;

g. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; provided, however, evidence that the economic value of the property, as currently zoned, is less than its economic value if rezoned as requested will not alone constitute a significant detriment;

h. The aesthetic effect of existing and future use of the property as it relates to the surrounding area.

Standards Type I | Special Use Approval
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