§ 23-259. Available capacity review.

(a)

In order to determine if an application for a rezoning or special exception is consistent with the provisions of the comprehensive plan, an available capacity review will be conducted by the county. This procedure is a review and does not constitute a binding determination by the county.

(b)

The following public facilities will be reviewed for adequacy: potable water, sewage treatment, drainage, solid waste, parks, transportation and public schools:

(1)

For potable water, sewage treatment, drainage, solid waste, parks, and transportation; where capacity will not be available to serve the property seeking a land use or zoning change or other development approval and alternative mitigation is not available or agreeable, then the county may use the lack of such infrastructure capacity as a basis for denial.

(2)

For public schools, where capacity will not be available to serve students from the residential property seeking a land use or zoning change or other development approval and alternative mitigation is not available or agreeable, then the county may use the lack of school capacity as a basis for denial.

(c)

Available capacity review is not a concurrency determination and does not relieve the applicant from applying for a concurrency determination.

(Ord. No. 2009-18, § I, 12-8-09)