A. Hearing.
1. After proper public notice, the board of supervisors shall hold a public hearing on the application, at which all interested parties may appear and shall be heard. An advertised hearing or mailed notice is not required for zoning plan plat waiver requests.
2. The supervisors may continue the public hearing, for a definite time not to exceed nine months, on their own initiative or at the request of the applicant or affected property owners.
B. Protest petition and voting requirement.
1. A three-fourths vote of all member of the board of supervisors shall be required for approval, if written protest submitted to the supervisors two business days prior to the public hearing totals at least twenty percent of the owners of property, by area and number, within three hundred feet of the rezoning.
2. In calculating protest by area, only that portion of a lot or parcel of record situated within three hundred feet of the rezoning shall be included. In calculating protest by number or area, county property and public rights-of-way shall not be included.
3. Written withdrawals of protest to a rezoning may be submitted until the close of the supervisors public hearing.
4. If the existing zoning of the rezoning request area includes RH, GR-1, SR or SR-2, the planning division shall provide to the supervisors an additional calculation of written protests submitted from owners of property within the one thousand foot notification area.
C. Approval by the supervisors.
1. The supervisors may amend commission recommendations or approve additional rezoning conditions.
2. If the supervisors approve the request, the planning and development services department shall schedule for adoption a rezoning ordinance comprising a map and a list of all rezoning conditions approved by the supervisors. The rezoning ordinance shall state that the supervisors may waive or amend conditions, but that if the planning and development services director determines that the amendment or waiver would result in a substantial change in rezoning conditions, the planning and zoning commission shall hold a public hearing on the request prior to public hearing by the supervisors.
3. If a rezoning is approved by the supervisors, the approval shall be subject to a time limit of not more than five years from the date of approval in which to meet all rezoning conditions.
4. Department evaluation:
a. The planning and development services department is authorized to evaluate conditions approved by the supervisors when enforceability is uncertain;
b. If such evaluation results in, or implies, a change in intent, as determined by the board of supervisors legal advisor, the evaluation shall be resubmitted to the supervisors for their decision and a noticed public hearing;
c. All evaluations shall be submitted to the supervisors at a regular supervisors public meeting within thirty days of initial action.
D. Denial by the Supervisors. Future applications for rezoning are restricted by Section 18.91.030B.
(Ord. 2017-3 § 6 (part), 2017; Ord. 1999-79 § 1 (part), 1999; Ord. 1998-35 § 2, 1998; Ord. 1997-68 § 2, 1997; Ord. 1996-91 § 1 (part), 1996; Ord. 1994-114 § 6 (part), 1994; Ord. 1993-12 § 1 (part), 1993; Ord. 1992-18 § 1 (part), 1992; Ord. 1985-141 § 1 (part), 1985)