§ 14.04. Public hearing  


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  • The Planning Commission shall hold a public hearing on each proposed amendment that is referred to, filed with, or initiated by the Planning Commission.

    14.04.01. Notice of hearing. Public notice of a hearing on a proposed amendment shall be published once in the official county newspaper and at least twenty (20) days shall elapse between the date of such publication and the date for such hearing. Such notice shall state the date, time and place of the hearing and shall contain a statement regarding the proposed changes in regulations or the zoning classification or zoning district boundaries of any property. If the proposed amendment would change the zoning district, such notice shall contain the legal description and street address or general street location of such property, its present zoning classification and the proposed classification. When a proposed amendment will affect the zoning classification of specific property, the Planning Commission shall mail a written notice of public hearing thereon, containing the same information as the published notice thereof, to the owner(s) of the property affected and to the owners of property within one thousand five hundred (1,500) feet of the boundaries thereof, at least twenty (20) days prior to the date of such hearing. Notice of the county's action shall extend two hundred (200) feet in those areas where the notification area extends within the corporate limits of a city. Failure to receive such notice shall not invalidate any subsequent action taken. The Planning Commission may give such additional notice to other persons as it may from time to time provide by its rules.

    14.04.02. Conduct of hearing. The hearing shall be conducted and a record of the proceedings shall be preserved in such a manner and according to such procedures as the Planning Commission may from time to time vote to prescribe by rule. Any interested person or party may appear and be heard at the hearing in person, by agent or by attorney. The Planning Commission may request a report on any proposed amendment from any government official or agency, or any other person, firm or corporation. If such a report is made, a copy thereof shall be made available to the applicant and any other interested person(s) prior to and at the public hearing.

    The Planning Commission may make recommendations on proposed amendments to specific properties which affect only a portion of the land noted in the public hearing notices or which give all or any part of the land described a zoning classification of lesser change than set forth in the said notice. The Table of Lesser Change is hereby made a part of these regulations, designating which zoning district classifications shall be lesser changes authorized for zoning district classifications published in the notice.

    TABLE OF LESSER CHANGE

    Zone District of Lesser Change
     Proposed
    Zone District
    AG RA RS1 RS2 RS3 NB BC IL IH
      AG
      RS X
      RS1 X X
      RS2 X X X
      RS3 X X X X
      NB
      BC X
      IL X X
      IH X X X
      PUD X X X X X X X X X

    For action on zoning amendments, a quorum of the Planning Commission must be more than one-half of all the members. A vote either for or against an amendment by a majority of all the Planning Commission members present constitutes a recommendation of the Planning Commission, whereas, a vote either for or against an amendment by less than a majority of all Planning Commission members present constitutes a "failure to recommend." On all actions the Planning Commission members present shall state the reason for denial or approval.

    For action on a text amendment, the affirmative vote of a majority of the entire membership of the Planning Commission is required to adopt a recommendation.

    For action on a rezoning, or amendment to change zoning districts for a specific property, the affirmative vote of a majority of the Planning Commission present is required to adopt a recommendation of approval or denial.

    If the Planning Commission fails to make a recommendation on the text amendment or rezoning request, the Planning Commission shall be deemed to have made a recommendation of disapproval. On all actions of the Planning Commission regarding a text amendment or rezoning, the Commission shall state their reasons for the recommendation, and the findings as required by these regulations.

(Amend. No. 1, 12-10-91; Res. No. 97-1522, 9-16-97)