In the case of a comprehensive zoning or rezoning, the following review and approval procedures shall apply.
(A) The Planning Commission shall hold a public hearing and cause notice of the hearing to be published in a newspaper of general circulation in the county in accordance with § 1-19-3.110.3. The Planning Commission shall forward a recommendation to the County Council within 62 days of the first public hearing.
(B) The County Council shall hold a public hearing and cause notice of the hearing to be published in accordance with § 1-19-3.110.3. Any person shall have the right to submit oral and/or written testimony at the hearing.
(C) The following additional public notice requirements shall apply for all properties for which a change in zoning is requested by the property owner:
(1) Sign(s). The property owner shall place a sign on each property, within 10 feet of each property line that abuts a public road. If
the property does not abut a public road, a sign shall be placed in such a manner so that it may be most readily seen by the public.
(a) The sign(s) shall be placed on each property at least 30 days prior to the Planning Commission public hearing and at least 30 days prior to the County Council public hearing.
(b) The sign(s) shall be affixed to a rigid board, protected from the weather, and maintained at all times by the property owner.
(c) If any person removes or tampers with a posted sign(s) during the above 30 day posting period, that person, upon conviction, shall be guilty of a misdemeanor, as provided in § 1-19-2.220.
(2) Mail. The Division of Planning and Permitting will make a good faith effort to notify the owners of all properties adjoining a property subject to rezoning. Such notice shall be sent by first class mail at least 14 days prior to the Planning Commission public hearing and at least 14 prior to the County Council public hearing. The notice shall contain the date, time, place, and nature of the public hearing. The failure of the property owner to receive the mailing shall not invalidate the approval of the comprehensive zoning or rezoning.
(a) Adjoining property owners shall include the owners of properties immediately contiguous to the subject property as well as those separated by streets, railroads, or other rights-of-way as set forth in § 1-19-3.110.2(C)(5).
(b) Appearance by a property owner at the public hearing shall constitute a waiver of any defect in this notice requirement.
(D) The following additional public notice requirements shall apply for all properties for which a change in zoning is requested by the County:
(1) Sign(s). The County shall place a sign on each property, within 10 feet of each property line that abuts a public road. If the property does not abut a public road, a sign shall be placed in such a manner so that it may be most readily seen by the public. However, if multiple, adjoining properties are the subject of a comprehensive rezoning, the County may post such signs at intervals it deems appropriate to be most readily seen by the public.
(a) The sign(s) shall be placed at least 30 days prior to the Planning Commission public hearing and at least 30 days prior to the County Council public hearing.
(b) The sign(s) shall be affixed to a rigid board, protected from the weather, and maintained at all times by the County.
(c) If any person removes or tampers with a posted sign(s) during the above 30-day posting period, that person, upon conviction, shall be guilty of a misdemeanor, as provided in § 1-19-2.220.
(2) Mail. The Division of Planning and Permitting will make a good faith effort to notify the owners of all properties subject to rezoning and owners adjoining a property subject to rezoning. Such notice shall be sent by first class mail at least 14 days prior to the Planning Commission public hearing and at least 14 days prior to the County Council public hearing. The notice shall contain the date, time, place, and nature of the public hearing. The failure of the property owner to receive the mailing shall not invalidate the approval of the comprehensive zoning or rezoning.
(a) Adjoining property owners shall include the owners of properties immediately contiguous to the subject property as well as those separated by streets, railroads, or other rights-of-way as set forth in § 1-19-3.110.2(C)(5).
(b) Appearance by a property owner at the public hearing shall constitute a waiver of any defect in this notice requirement.
(Ord. 77-1-78, § 40-101(K), 1-24-1977; Ord. 98-23-225, 11-10-1999; Ord. 08-26-502, 10-14-2008; Ord. 09-27-531, 11-3-2009; Ord. 14-23-678, 11-13-2014; Bill No. 16-11, 8-30-16; Bill No. 22-06, 3-15-2022)