§ 152.583 ACTION BY BOARD OF COMMISSIONERS.

   (A)   The Board of Commissioners shall simultaneously conduct a public hearing on the rezoning and conditional use permit applications, in accordance with the procedures applicable to conditional use permit applications.

   (B)   The notice required for such hearing shall be sufficient to comply with that required for both rezoning and conditional use permit applications.

   (C)   If the Board of Commissioners concludes, in the exercise of its legislative discretion, that the proposed rezoning would not be consistent with the public health, safety, or welfare, then the Board may deny the application in accordance with the same procedures applicable to any ordinance amendment request.

   (D)   The Board of Commissioners may not approve the rezoning application unless the Board simultaneously approves a conditional use permit, in accordance with § 152.052, subject to any reasonable conditions and requirements as set forth in § 152.054.

(Ord. passed 12-20-2001)