§ 106-36. Purpose.

(a)

The objective of this article is accomplished by implementing the zoning reevaluation program to identify and evaluate those unimproved properties on which zoning is inconsistent with the growth management plan. The zoning reevaluation program under section 106-43 shall be carried out by January 10, 1991, for all commercially zoned or designated property and by January 10, 1992, for all other property. Those unimproved properties for which an objection pursuant to subsection 106-43(d) has been properly submitted may be excluded from the comprehensive rezoning required by this schedule, but will nonetheless be processed in an expeditious and timely fashion.

(b)

This article shall establish a process and criteria to determine consistency, exemptions, land use compatibility and vested rights.

(1)

The county shall establish planning communities, as shown on exhibit 1 to Ordinance No. 90-23, in which all properties will be categorized based on location.

(2)

The county shall initiate a process to assess all unimproved property, except agriculturally zoned property, within each planning community for consistency with the growth management plan.

(3)

The county will notify all owners of unimproved property zoned inconsistent with the growth management plan that such property will be rezoned unless an exemption is granted, a compatibility exception is granted or a positive determination of vested rights is made.

(4)

Public workshops with the growth planning department may be held on a planning community by planning community basis to educate the public and discuss the zoning reevaluation program and other processes established by this article.

(5)

The planning commission and the board of county commissioners will hold the required public hearings to rezone the unimproved properties that are inconsistent with the growth management plan on a planning community by planning community basis.

Such planning community-wide rezonings may adjust private property rights, including development rights or expectations, and are intended to bring about a change in the zoning to a classification consistent with the growth management plan.

(c)

After the county has given notice of the comprehensive rezoning for a particular planning community, but in no event later than 120 days from such notice, an owner of unimproved property which is inconsistent with the growth management plan may file a written objection with the growth planning director requesting a compatibility exception, a determination of vested rights, or both. Upon receipt of such written objection, the property which is the subject of the objection shall be removed from the schedule for comprehensive rezoning for the applicable planning community, and shall be reviewed for a compatibility exception, a determination of vested rights, or both, whichever is applicable. To the extent that the owner receives a favorable determination in this regard, the property shall be allowed to develop in accordance with such determination. To the extent that the determination is not favorable, the property will be rezoned to a classification consistent with the growth management plan.

(d)

At all times, property shall be permitted a minimum beneficial use subject to the various provisions of the growth management plan, the land development regulations, and this article, but private property shall not be taken without due process of law and the payment of just compensation. Through these processes, the county intends to extinguish, modify, or readjust the property rights, including development rights, of planned and approved, yet unbuilt, development to bring it into compliance with and make it consistent with the growth management plan.

(Ord. No. 90-23, § 3.2)