A. Hearing And Notice: The commission or hearing examiner, prior to making any recommendations to the council on any proposed amendment, shall hold at least one public hearing in which all interested persons shall have an opportunity to speak. At least fifteen (15) days prior to the hearing, the administrator shall publish a notice of time, place, and the amendment in a newspaper of general circulation within the city of Hailey. In addition, if the amendment involves a change in district boundaries or land use designation, notice shall be provided by mail to property owners and residents within three hundred feet (300') of the external boundaries of the land being considered, and any additional area that may be affected by the proposed amendment as specifically designated by the commission or hearing examiner. When notice is required to two hundred (200) or more property owners or purchasers of record, alternate forms of notice may be provided in lieu of mailed notice. Sufficient notice shall be deemed to have been provided if the city provides notice through a display advertisement at least four inches (4") by two (2) columns in size in the official newspaper of the city at least fifteen (15) days prior to the hearing date, in addition to site posting on all external boundaries of the site.
B. Recommendation:
1. Following the hearing, if the commission or hearing examiner makes a substantial change from what was presented at the hearing, the commission or hearing examiner may either conduct a further hearing after providing notice of its recommendation, or make its recommendations to the council, provided the notice of the commission's or hearing examiner's recommendation shall be included in the notice of the hearing to be conducted by the council.
2. The commission or hearing examiner shall recommend, with reasons therefor, to the council that the proposed amendment be granted or denied, or that a modified amendment be granted.
3. If the proposal initiated by an applicant is not in accordance with the comprehensive plan, the commission or hearing examiner shall notify the applicant of this finding and inform the applicant that the applicant must apply for an amendment to the comprehensive plan before the zoning ordinance or zoning map can be amended. (Ord. 1191, 2015)