A. Hearing.
1. After proper public notice, the planning and zoning commission shall hold a public hearing on the application, at which all interested parties may appear and shall be heard;
2. The commission may recommend amendments or additions to staff-recommended rezoning conditions;
3. The commission may continue the public hearing, for a definite time not to exceed nine months, on its own initiative or at the request of the applicant or affected property owners.
B. Transmittal of findings to board of supervisors.
1. After the public hearing, the planning division shall transmit the findings and recommendations of the commission to the board of supervisors, except as provided in subsection (B)(3) of this section;
2. Planning staff may also transmit alternative recommendations when staff and commission opinions differ;
3. Department evaluation:
a. The department is authorized to evaluate recommendations of the commission when enforceability is uncertain;
b. If such evaluation results in, or implies, a change in intent, as determined by the commission legal advisor, the evaluation shall be submitted to the commission for its decision at a noticed public hearing, prior to transmitting commission findings to the supervisors;
c. All evaluations shall be submitted to the commission at the next regular commission public hearing.
C. Review of zoning plan plat waiver requests.
1. An application that conforms to the zoning designation of a zoning plan requiring the filing of a subdivision plat as a condition of rezoning may include a request to waive the platting requirement. The waiver request shall be accompanied by a biological impact report and shall be referred to the commission for review and recommendation.
2. An advertised public hearing or mailed notice is not require
d. The commission may make amendments or additions to staff recommended conditions of the plat waiver. After the commission has made its recommendation, the planning division shall transmit the recommendation of the commission to the board of supervisors.
D. Limitations:
The applicant shall have three months from the time of final commission action on the application to request a board of supervisors public hearing on the application. If a request is not submitted, the application shall be closed, due to lack of further action.
(Ord. 2001-103 § 1 (part), 2001; Ord. 1997-68 § 2, 1997; Ord. 1994-114 § 6 (part), 1994; Ord. 1987-20 § 1 (part), 1987; Ord. 1985-141 § 1 (part), 1985)