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File #: 2024-14701   
Type: Staff Presentation Status: Agenda Ready
File created: 3/26/2024 Meeting Body Board of County Commissioners Public Hearing Meeting
On agenda: 4/16/2024 Final action:
Title: PUBLIC HEARING: Second of Two Public Hearings to Consider an Ordinance to Amend the Marion County Land Development Code Division 4.2. - Zoning Classification, to Reformat the List of Permitted and Special Use Permit Uses, Development Standards, Setbacks for Uses and Structures for Principle, General Accessory, and Specialty Uses from a List Format to a Table Format, and Provide for Scrivener Corrections
Attachments: 1. Proof of Publication, 2. _1 of 3 Zoning-Table_Post BCC PH1 (EM-CDR_kw2)_wout_FullTable, 3. _2 of 3 Zoning Tables Commercial_Post BCC PH1 (kw3), 4. _3 of 3PostBCCPH1 ZoningDivision4.2_CurrentLDC_(CDR-PUD-FormatCorrection), 5. COMPLETED ORDINANCE deo

 

SUBJECT:

Title

PUBLIC HEARING: Second of Two Public Hearings to Consider an Ordinance to Amend the Marion County Land Development Code Division 4.2. - Zoning Classification, to Reformat the List of Permitted and Special Use Permit Uses, Development Standards, Setbacks for Uses and Structures for Principle, General Accessory, and Specialty Uses from a List Format to a Table Format, and Provide for Scrivener Corrections

Body

 

INITIATOR:

DEPARTMENT:

Kenneth Weyrauch, Deputy Director

Growth Services

 

DESCRIPTION/BACKGROUND:

Land Development Code (LDC) Division 4.2, Zoning Classification, currently presents permitted and special use permit uses as a separate series of lists for each respective zoning classification district.  Some of the lists then include references to other zoning classifications for inclusion without fully listing those uses in that referencing section, such as Community Business (B-2) uses including Neighborhood Business (B-1) uses. Staff and the general public have noted the format creates difficulties when attempting to discern a site’s eligible uses.  Additionally, the format creates difficulties for users to search potential uses to identify a zoning classification where a particular use may be conducted. Along with the uses, the setbacks for uses and structures are also in a list form making identification of some of those setback standards difficult to identify. Staff proposes to amend LDC Division 4.2 to convert the List of Permitted and Special Use Permit Uses, Development Standards, Setbacks for Uses and Structures for Principle, General Accessory, and Specialty Uses into a complete table format that lists uses related to groupings of the zoning classifications focused on agriculture, residential, commercial, and industrial groupings.

Staff also proposes revisions to address scrivener errors regarding LDC Section 4.2.22 being titled “rural resort” instead of “recreational resort” and correcting the formatting of LDC Section 4.2.31.D wherein letters rather than parenthesized numbers were improperly used.

The proposed were considered by the Land Development Regulation Commission (LDRC) in a public hearing held on November 8, 2023 at 5:30 p.m. consistent with Section 2.4.3 of the LDC. The proposed were considered by the Board of County Commissioners (BOCC) in a public hearing held on April 2, 2024 at 10 a.m. consistent with Section 2.4.3 of the LDC. At this public hearing, the BOCC considered the following items:

Item 1 of 3 - Proposed reformatted Division 4.2, Zoning Classification for Sections 4.2.2 through 4.2.30, less the Commercial zoning classifications (provided in Item 2). [Ordinance attachment]

Item 2 of 3 - Proposed reformatted Division 4.2, Zoning Classification for Sections 4.2.15 through 4.2.25 and the noted scrivener correction. [Ordinance attachment]

Item 3 of 3 - Proposed Scrivener Corrections for Sections 4.2.31.C(5) and D and Section 4.2.31.E(7)(a) Planned Unit Development [Ordinance attachment]. 

After considering these items, and consistent with LDC Section 1.4.3.A and B, the LDRC voted to recommend approval of the proposed LDC amendments subject to further revisions proposed to Item 3 of 3, above.

This is the second of two (2) public hearings, for the Board to received further public comment, provided direction, if any, and act to approve the proposed LDC Amendments.

BUDGET/IMPACT:

None

 

RECOMMENDED ACTION:

Recommended action

Motion to approve the Ordinance amending the Marion County Land Development Code, including any final modifications required.

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