The Board of County Commissioners may, from time to time, on its own motion or on petition, after public notice and hearing as provided by this chapter, amend, supplement, change, modify, or repeal the zoning regulations and restrictions and zone boundaries. No action shall be taken until the proposal has been submitted to the County Planning Board for its recommendation. If no report has been received from the Planning Board within 30 days after submission of the proposal to the Chairperson of the Planning Board. The Board of County Commissioners may proceed as though a favorable report has been received.

(1996 Code, § 155.250) (Ord. passed 5-21-1984)

   (A)   Published notice. Before adopting or amending this chapter, the Board of County Commissioners shall conduct a public hearing on the proposal. A notice of the public hearing shall be given once a week for two successive calendar weeks in a newspaper having general circulation in the area. The notice shall be published for the first time not less than ten days nor more than 25 days before the date fixed for the meeting.

   (B)   Posting. In addition to the published notice required by division (A) of this section, whenever a change or amendment to the Official Zoning Map is applied for or made affecting a particular parcel or parcels of land within any district which otherwise requires a public hearing under this chapter, a sign notifying the public of the public hearing shall be posted on the property not less than ten days prior to the date of such hearing; provided, however, this requirement is not intended to apply to any textural changes in the chapter itself which do not require changes to the Official Zoning Map.

   (C)   Letter notification. Whenever there is a zoning classification action involving a parcel of land, the owner of that parcel of land as shown on the county tax listing, and the owners of all parcels of land abutting that parcel of land as shown on the county tax listing, shall be mailed a notice of the proposed classification by first class mail at the last addresses listed for such owners on the county tax abstracts. The person or persons mailing such notices shall certify to the Board of Commissioners that fact, and such certificate shall be deemed conclusive in the absence of fraud.

(1996 Code, § 155.251) (Ord. passed 5-21-1984)

   Counties do not have the statutory authority for protest petitions.

(1996 Code, § 155.252) (Ord. passed 5-21-1984; Ord. passed 3-20-2006)

   (A)   Application requirements. Applications for amendments to the Zoning Code shall be filed with the Enforcement Officer at least ten days prior to the date on which it is to be filed with the Planning Board. The Planning Board shall be responsible for presenting the application to the Board of County Commissioners. Each application shall be signed, be in duplicate, and shall contain at least the following information:

      (1)   The applicant’s name and address in full;

      (2)   Applicant’s interest in the property and type of rezoning requested;

      (3)   The name and address of the recorded owner or owners of the property, if different from division (A)(1) above; and

      (4)   If the proposed change would require a change in the zoning map, an accurate diagram of the property proposed for rezoning showing:

         (a)   All property lines with dimensions including north arrow;

         (b)   Adjoining street with right-of-way and paving widths;

         (c)   The location of all structures; the use of all land;

         (d)   The zoning classification of all abutting zoning districts; and

         (e)   Comprehensive site plan if the application is for commercial, industrial, or multi- family development.

   (B)   Planning Board’s report. All proposed amendments to the zoning chapter shall be submitted to the Planning Board for review and recommendation. The Planning Board shall have 30 days to submit its report. If the Planning Board fails to submit its report within the above period, it shall be deemed to have approved the proposed amendment.

   (C)   Six-month moratorium following denial. A public hearing shall be held by the Board of County Commissioners before the adoption of any proposed amendments to the zoning chapter. When the Board of County Commissioners shall have denied any application for the change of any zoning district, it shall not thereafter accept any other application for the same change of zoning district affecting the same property, or any portion, until the expiration of six months from the date of such previous denial.

   (D)   Conflict of interest. A member of the Board of County Commissioners shall not vote on any zoning map or text amendment, where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member. Members of appointed boards providing advice to the Board of County Commissioners shall not vote on recommendations regarding any zoning map or text amendment, where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member.

   (E)   Statement prior to decision. Prior to adopting or rejecting any zoning amendment, the governing board shall adopt a statement, describing whether its action is consistent with an adopted comprehensive plan, and explaining why the Board considers the action taken to be reasonable and in the public interest. This statement is not subject to judicial review.

(1996 Code, § 155.253) (Ord. passed 5-21-1984; Ord. passed 3-20-2006)