You have been notified of a public hearing because you are most likely a neighbor within 660 feet of a subject parcel. You and others interested in a proposal have three options for voicing your concerns: you can speak in person at the meeting, submit your written concerns to the petition's file, or submit your written concerns for discussion in the Staff Report and reviewed prior to the hearing by the Board/Commission members.
Speaking in Person. Persons who wish to voice their concerns need to appear at the meeting. You may wish to contact staff and/or review the proposal at the Area Plan Commission office before outlining your concerns.
Documents Submitted to the File. Written concerns regarding a proposal will be accepted into the file up to five days prior to the hearing. However, documents that are more than 2 pages long must be submitted 10 days prior to the hearing. This enables staff, members, the applicant, and other members of the public time to review these concerns prior to the hearing if they choose.
Documents Submitted for Staff & Member Review. Persons who wish to have their concerns considered in the Staff Report, and mailed to members for review prior to the hearing must submit their written concerns no less than 15 days prior to the hearing. This enables staff time to discuss your information in the Staff Report, as well as mail your information to the members well in advance of the hearing.
All public hearings are directed by the Chairman of the Commission or Board that is hearing the proposal.
Usually a public hearing will open with the Chairman reading the rules of procedure. The Staff Report is then presented which is prepared by the APC staff and thoroughly analyzes the proposed project, how it complies with the current standards of the Zoning and/or Subdivision Control Ordinance, and discusses pertinent issues and public comment submitted to the file.
The applicant, or his representative, is then given time to present his proposal and in detail.
The Chairman will then open the floor to anyone in the public wishing to speak in favor of or against the proposal. The applicant takes down all the questions and concerns from the public and is then allowed time to answer all of the questions raised. If the applicant has not addressed all of the public's concerns, the Chairman can request that the question be repeated for the applicant to answer.
Once the Chairman is satisfied that all issues have been addressed, he then closes the hearing and allows the Commission or Board members to ask questions of the applicant. The Board/Commission will then make a motion for a vote.
Rezoning. If a recommendation has been made by the Area Plan Commission regarding a zoning amendment, the proposal is then forwarded to the County Commissioners or appropriate legislative body who then make the final decision at their public hearing.
Subdivisions. Decisions made by the Area Plan Commission regarding subdivisions are final unless an appeal is filed.
Variance or Special Exception. Decisions made by the Area Board of Zoning Appeals regarding a variance or special exception are final unless an appeal is filed.
If a Project is Tabled. A proposal's hearing may be tabled at the request of the applicant, the public, or by the Board/Commission if additional information is needed before a decision can be made. If the project is tabled, it will be heard at the next month's regularly scheduled meeting unless otherwise announced at the initial meeting. Area neighbors are not re-notifiedof a tabled hearing since the next hearing date was announced at the initially scheduled public hearing.
Rezoning - to change the zoning of property from one District to another.
Subdivision - the division of a lot, parcel, or tract of land into two or more lots, tracts, parcels, or other division of land for sale, development, or lease.
Special Exception - the authorization of a use, that is permitted in the district as long as it meets special conditions, and upon application, is specifically authorized by the Board.
Variance - a modification of the specific requirements of this ordinance for the purpose of assuring that no property, because of special circumstances applicable to it, shall be deprived of privileges commonly enjoyed by other properties in the same vicinity and district.
Area Board of Zoning Appeals
On December 21, 1998 the Boone County Commissioners adopted the 1998 Zoning Ordinance and 1998 Subdivision Control Ordinance. These ordinances were the result of more than five years of research and groundwork with the prime goal of preserving the agricultural ground and protecting the agricultural uses of Boone County. This ordinance went into effect on December 31, 1998.
The Regulations on Lots and Land Use
In order to protect the agricultural resources of Boone County, the public and the legislative bodies have determined that residential development in the Agricultural Zoning Districts is no longer acceptable because the two uses have proven to not be compatible with each other.
As a result, residential land use in the Agricultural District requires Special Exception approval by the Board of Zoning Appeals and new lots created after December 31, 1998 require Minor Residential Subdivision approval by the Area Plan Commission. These procedures are done to ensure that residential development in the rural areas of the county does not become a detriment to the agricultural resources of Boone County.
Delayed Building Permit Issuance
Please understand that before a building permit for a new home in the Agricultural District is issued, the Special Exception procedure and the Subdivision procedure must be completed. This is a new law that must be followed and there will be some delays involved that were not encountered in the past. Staff will make every effort possible to expedite your given situation.
In order to protect the agricultural resources of Boone County, the public and the legislative bodies have determined that development in the Agricultural Zoning Districts should be limited because many land uses are not compatible with farming activities. As a result, the following changes and new procedures have been incorporated into the 1998 Zoning Ordinance and 1998 Subdivision Control Ordinance that affect subdivisions.
To ensure that the right property owners are going through the proper procedures, the definition of "subdivision" has been changed to fit two different processes.
MINOR RESIDENTIAL SUBDIVISION.