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STANDARDS GOVERNING EXERCISE OF THE ZONING POWER TYPE I

Type I zoning or planning actions--Generally:


1. Scope--Every Type I application shall address the impact of the proposed change on the following:

a. The future land use plan and its intended outcome;

b. The balance of land uses in the unified government;

c. Public facility elements of the comprehensive plan, and how the proposed change will affect the provision of the services anticipated in the plan.

2. Actions in subsection 9-4-3 A. shall 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. The existing land use pattern surrounding the property in issue;

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

c. The 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 II | Special Use Approval
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