A. Procedures For Subdivision, Planned Unit Development, Ordinance Or Plan Amendment And Rezone Public Hearings: Any person seeking an amendment of the plan, ordinance or zoning map shall submit to the County Zoning Administrator a written petition designating the change desired and the reasons therefor, together with a fee as determined by the Board. Before recommending an amendment to the zoning ordinance, evidence must be submitted to the commission showing that such an amendment is reasonably necessary, is in the interest of the public and is in harmony with the objectives and purposes of this title. The following procedures shall apply:
1. The commission shall conduct at least one public hearing on each: subdivision application; ordinance or plan text and/or map revision in which interested persons shall have an opportunity to be heard.
2. The hearing notice shall give the date, time and place of hearing, the name of the applicant, identification of the property and such other facts as required by this title.
3. At least twenty two (22) days prior to the hearing, notice of the time and place and a summary of the proposal shall be published in the official newspaper or paper of general circulation within the jurisdiction. Notice shall also be made available to other newspapers, radio and television stations serving the jurisdiction for use as a public service announcement.
4. A summary of the proposed action shall be sent to all political subdivisions providing services within the planning jurisdiction, including fire districts, school districts, utility companies, etc., at least twenty two (22) days prior to the hearing.
5. Notice shall be provided by regular parcel post to all property owners within three hundred feet (300') beyond the external boundaries of the land being considered for the proposed application at a minimum of twenty two (22) days prior to the meeting.
6. Notice shall be posted on the premises, not less than fifteen (15) days prior to the hearing. Should the property be inaccessible to the public, additional notice shall be posted at the closest public access of the site.
7. When notice is required for two hundred (200) or more property owners or purchasers of record, in lieu of mailing notification, the following alternate form of notice may be followed: The notice shall be published three (3) times in a newspaper of general circulation in the County, the last publication of such notice shall be at least ten (10) days before the date set for the public hearing, the notice shall give the date, time and place of hearing, the name of the applicant, identification of the property, and closest approximate grid address and such other facts as required by this title.
8. No more than two (2) pages of written testimony will be accepted less than eight (8) calendar days before a hearing.
9. Before recommending an amendment to the zoning ordinance, evidence must be submitted to the commission showing that such an amendment is reasonably necessary, is in the interest of the public and is in harmony with the objectives and purposes of the zoning ordinance.
10. If after the public hearing, the commission makes a material change to the advertised application, a second hearing shall be held before the commission unless a hearing will be held before the Board.
11. The Board, prior to adopting, revising or denying a zone change application as recommended by the commission, shall conduct at least one public hearing using the same notice and hearing procedures as the commission.
12. If the Board makes a significant material change from what was presented at the public hearing, further notice and hearing shall be provided before the Board adopts the amendment.
13. Amendments shall require a majority of the members of the Board before an amendment can be effective.
14. Ordinance or plan text changes shall have a public notice posted throughout the County in conspicuous locations. Notwithstanding the foregoing, Comprehensive Plan changes and changes to this title, which do not relate to a specified real property, do not require mailed individual notices.
15. A record of the hearings, findings made, and action taken shall be maintained.
B. Procedures For Conditional Use Permit And Variance Hearings:
1. The Planning and Zoning Commission shall conduct at least one public hearing on each conditional use permit or variance application in which interested persons shall have an opportunity to be heard.
2. The hearing notice shall give the date, time and place of hearing, the name of the applicant, identification of the property and such other facts as required by this title.
3. At least twenty two (22) days prior to the conditional use hearing, notice of the time and place and a summary of the proposal shall be published in the official newspaper or paper of general circulation within the jurisdiction. Notice may also be made available to other newspapers, radio and television stations serving the jurisdiction for use as a public service announcement.
4. Notice shall be provided by regular parcel post to all property owners within three hundred feet (300') beyond the external boundaries of the land being considered for the proposed application at a minimum of twenty two (22) days prior to the conditional use hearing and a minimum of fifteen (15) days prior to the variance hearing.
5. Notice shall be posted on the premises, not less than fifteen (15) days prior to the conditional use hearing. Should the property be inaccessible to the public, the notice shall additionally be posted at the closest public access of the site.
6. Alternate notice; when notice is required for two hundred (200) or more property owners or purchasers of record, in lieu of mailing notification, the following alternate form of notice may be followed: The notice be published three (3) times in a newspaper of general circulation in the County, the last publication of such notice shall be at least ten (10) days before the date set for the public hearing; the notice shall give the date, time and place of hearing, the name of the applicant, identification of the property, and closest approximate grid address and such other facts as required by this title.
7. No more than two (2) pages of written testimony will be accepted less than eight (8) calendar days before a hearing.
8. A record of the hearings, findings made, and action taken shall be maintained. (Ord. 2012-08, 10-9-2012, eff. 10-26-2012)