§ 18.6. Zoning standards.


Latest version.
  • Exercise of the zoning power of the county shall constitute an effort to balance the interest of the community in promoting the public health, safety, morality or general welfare against the right of property owners to the unrestricted use of their property. The following factors are determined to be relevant in balancing these interests:

    18.6-1  Factors determining a zoning decision.

    a.

    Whether the proposed amendment would allow a use that is generally suitable for the site compared to other possible uses and the uses and zoning of adjacent and nearby properties.

    b.

    Whether the proposed amendment would adversely affect the economic value or the uses of adjacent and nearby properties.

    c.

    Whether the property to be affected by the proposed amendment can be used as currently zoned.

    d.

    Whether the proposed amendment, if adopted, would result in a use which should or could cause an excessive or burdensome use of existing streets, schools, sewers, water resources, police and fire protection, or other utilities.

    e.

    Whether the proposed amendment, if adopted, is in conformity with the policy and intent of the Cherokee County Land Use Plan.

    f.

    Whether there are other conditions or transitional patterns affecting the use and development of the property sought to be rezoned, which give ground for either approval or disapproval of the proposed amendment.

    18.6-2  Evaluation criteria for amendments.

    a.

    Land development plans, including projected densities in plan and zoning change applications.

    b.

    Suitability of subject property for zoned purposes.

    (1)

    Development efforts by landowners.

    (2)

    Needs for special construction.

    (3)

    Cost of development within present classification.

    (4)

    Cost of marketing and market considerations in use as zoned.

    (5)

    Present use by landowner.

    (6)

    Ownership by applicant for adjacent lands.

    (7)

    Other land development in vicinity.

    c.

    Existing uses and zoning of nearby property.

    (1)

    Public support or opposition evidencing these criteria.

    (2)

    Use and classifications of other property.

    (3)

    Effect upon residents of adjoining property.

    d.

    Land values.

    (1)

    Value in present classification.

    (2)

    Value in requested classification.

    (3)

    Relative values of residential and commercial or other use.

    (4)

    Impact of change on values of adjacent and nearby properties.

    (5)

    Expenditures made by owner.

    (6)

    Opinions as to highest and best use or most advantageous use.

    (7)

    Loss of tax revenue to the county.

    e.

    Roads and traffic.

    (1)

    Character of adjacent and boundary roads.

    (2)

    Intersections.

    (3)

    Planned development by public offices.

    (4)

    Planned private developments.

    (5)

    Effect of increased traffic on existing roads.

    (6)

    Effect of increased traffic on safety.

    f.

    Rivers, streams and drainage.

    (1)

    Floodplains.

    (2)

    Soil erosion and sedimentation.

    (3)

    Protected areas.

    (4)

    Pollution of surface and subsurface water.

    g.

    Utilities.

    (1)

    Septic tanks or sewerage treatment.

    (2)

    Water supply.

    h.

    Other special considerations.

    (1)

    Buffer zones.

    (2)

    Noise.

    (3)

    Odor.

    (4)

    Fire protection.

    (5)

    Terrain or topography.

    (6)

    Schools.

    (7)

    Animals.

    (8)

    Visual intrusions on neighbors.

    (9)

    Esthetics.

    (10)

    Site plans and plats.