(A) Authority to file. Amendments to the text of this zoning ordinance may be initiated only by the County Board or the Planning and Zoning Commission.
(B) Review and report—Zoning Administrator. The Zoning Administrator must prepare a report and recommendation that evaluates the proposed zoning ordinance text amendment in light of the review criteria of § 155-16.30(G). The report must be transmitted to the Planning and Zoning Commission before their public hearing on the proposed text amendment.
(C) Notice of hearing. Notice of the Planning and Zoning Commission's required public hearing on a zoning ordinance text amendment must be published in the newspaper in accordance with § 155-16.10(D)(3).
(D) Hearing and recommendation—Planning and Zoning Commission. The Planning and Zoning Commission must hold a public hearing on the proposed text amendment. Following the close of the hearing, the Planning and Zoning Commission must act by simple majority vote to recommend that the proposed text amendment be approved, approved with modifications, or denied and transmit its findings and recommendations to the County Board.
(E) Review criteria. The Planning and Zoning Commission may not recommend approval of a zoning ordinance text amendment unless it finds that the proposed amendment is in the public interest. The Planning and Zoning Commission must make findings based on the evidence presented to it in each specific case with respect to the following matters:
(1) Whether the proposed zoning ordinance text amendment corrects an error or inconsistency in the zoning ordinance or meets the challenge of a changing condition; and
(2) Whether the proposed zoning ordinance text amendment is consistent with adopted plans and policies of the county.
(F) Final action—County Board.
(1) Upon receipt of the Planning and Zoning Commission's findings and recommendation, the County Board may act to approve the proposed zoning ordinance text amendment, approve the proposed text amendment with modifications or deny the proposed text amendment. The County Board may also return the application to the Planning and Zoning Commission for further consideration, together with a written explanation of the reasons for doing so.
(2) Zoning ordinance text amendments may be approved by a simple majority vote of the entire County Board, except that in the following cases approval of a zoning ordinance text amendment requires at least a three-fourths majority vote of the entire County Board:
(a) If a written protest petition (See also division (G) of this section) against the proposed zoning ordinance text amendment is signed and acknowledged by at least 5% of the land owners of the county; or
(b) An objection to the zoning ordinance text amendment is passed by the governing body of a zoned municipality within the county and filed in writing with the County Clerk prior to the County Board meeting at which action is taken on the proposed text amendment.
(3) If no action is taken by the County Board within six months after receipt of the report of the Planning and Zoning Commission, the proposed text amendment is deemed to have been denied.
(G) Protest petitions.
(1) A written protest petition opposing a zoning ordinance text amendment must be submitted to the County Clerk or on the public record before the County Board's vote, allowing sufficient time for the County Clerk to determine the validity of the petition.
(2) When a written protest petition has been submitted, the protest must be served by the protestors upon the applicant and upon the applicant's attorney, if any, by certified mail at the applicant's and attorney's addresses shown on the application.
(Ord. effective 10-1-2012)