A. Commission Evaluation Of Application: Proposed amendments to this title, by application or by motion of the commission or board, shall be submitted to the commission, which shall evaluate the facts and circumstances of the proposal to determine the nature and extent of the amendment, the reasons therefor, whether it is in accordance with the comprehensive plan, the effect on potable water sources, and the impacts of the proposal upon the delivery of services by any political subdivision providing public services, including school districts, within the county.
B. Commission Recommendation: If the commission finds the proposal is in accordance with the comprehensive plan, and would not result in demonstrable adverse impacts upon the delivery of services by any political subdivision providing public services, including school districts, within the county, the commission may recommend the proposed amendments to the board.
C. Nonconformance With Comprehensive Plan: If the commission finds the proposal is not in accordance with the comprehensive plan, or would result in demonstrable adverse impacts upon the delivery of services by any political subdivision providing public services, including school districts, within the county, the commission shall notify the applicant of this finding and inform the applicant that applicant must successfully apply for an amendment to the comprehensive plan before the amendments requested in the proposal may be considered further.
D. Commission Public Hearing: The commission shall hold at least one noticed public hearing on any proposed amendment to this title, in which interested persons shall have an opportunity to be heard.
1. Notice For Public Hearing: At least fifteen (15) days prior to the noticed public hearing on any proposed amendment to this title, notice of time, date and place of the public hearing, and a summary of the proposed amendment shall be published in the official newspaper or paper of general circulation within the county. The commission shall also make available a notice to other newspapers, radio and television stations serving the county for use as a public service announcement. Notice of the proposed amendment shall be sent to all political subdivisions providing services within the county, including school districts, at least fifteen (15) days prior to the public hearing scheduled by the commission.
2. Additional Notice Requirements For Zoning District Amendments: Where a proposed amendment to this title includes a proposal to rezone property or change a zoning district boundary, the following additional notice of public hearing shall be provided:
a. Posting Of Notice: A notice sign, as provided by the administrator, shall be posted on the premises not less than one week prior to the hearing. Where possible, the posting location should be on or near the property line closest to a public thoroughfare or, if no such thoroughfare exists, on or near the property line of the nearest adjoining property not owned by the applicant, of which neither the applicant nor the government has a proprietary interest.
b. Mailing Of Notice: Notice of the time, date and place of the public hearing and a summary of the proposal shall be provided by mail to all property owners and purchasers of record within the land being considered; within three hundred feet (300') of the external boundaries of the land being considered; and within any additional area including a wellhead protection area that may be impacted by the proposed change as determined by the commission. When the land being considered is located in a wellhead protection area, notice shall be provided to all affected potable water source owners.
3. Alternative Forms Of Notice: When notice is required under this title to be given to two hundred (200) or more property owners or purchasers of record, alternative forms of notice in lieu of posted or mailed notice may be provided as follows:
a. In lieu of mailed notice, and in addition to any other required publication of notice, an additional notice of the time, date and place of the hearing, including a summary of the proposal, shall be published not less than one week prior to the hearing in the official newspaper and one additional newspaper of general circulation within the county; and publication in one such newspaper shall also include a reasonably sized advertisement, as determined by the administrator, which is not less than two (2) columns by four inches (4").
b. In lieu of posted notice on the premises, notices shall be posted, not less than two (2) weeks prior to the hearing, in not less than five (5) locations of high public use within the county, including locations such as post offices, and other government buildings open to the public; preference shall be given to posting at such locations within or near the affected areas of the county.
c. At least fifteen (15) days prior to the hearing, a notice shall be made available to other newspapers, radio and television stations servicing the county for use as a public service announcement.
4. Material Change By Commission: Following such public hearing, if the commission recommends a material change from what was presented at the public hearing, the commission may forward its recommendation to the board and notice of the original proposal before the commission and material change shall be included in the notice of public hearing provided by the board. If the commission determines additional hearing is necessary or desirable, notice of hearing shall be provided as required by applicable code before a recommendation to the board is made.
E. Transmittal Of Commission Recommendation: The commission may recommend that the amendment be granted as requested, or it may recommend a modification of the amendment requested, or it may recommend that the amendment be denied. Such recommendation shall be promptly transmitted to the board.
F. Entry Of Order: The commission shall enter its written decision recommending for or against the proposed amendment at the conclusion of the noticed public hearing, or at its next regularly scheduled commission meeting after the conclusion of the public hearing.
G. Maintenance Of Records: The administrator shall maintain a record of all public hearings, findings made, and actions taken by the commission. (Ord. 2006-13, 10-26-2006; Ord. 2001-02, 3-19-2001; Ord. 98-3, 4-13-1998; Ord. 92-3, 5-11-1992; Ord. 77-5, 3-28-1977, eff. 4-7-1977; Ord. 2023-01, 1-3-2023)