The Board of Commissioners may propose a change to the text of this Development Code when public necessity, general welfare or good zoning practice justifies such action.

(Res. of 10-1-2019(2), Exh. A)

At the discretion of the Planning Director, text amendments may be submitted to the Planning Commission for review and recommendations. No text amendment shall become effective unless it has been considered and acted upon by the Board of Commissioners.

(Res. of 10-1-2019(2), Exh. A)

Before enacting an amendment to this Development Code, the county shall hold a public hearing thereon.

At least 15 days but not more 45 days prior to the public hearing, notice is to be published in a newspaper of general circulation within the county. The notice is to state the time, place and purpose of the hearing.

(Res. of 10-1-2019(2), Exh. A)

A public hearing for a text amendment shall be conducted in the following manner:

a.

The public hearing is to be convened at the scheduled time and place by the Chair or an appointed designee, who will act as the Presiding Official.

b.

The Presiding Official will call for each proposed text amendment to be presented.

c.

No person in attendance is to speak unless first formally recognized by the Presiding Official. Upon rising to speak each person recognized is to state their name and home address.

(1)

The Presiding Official may place reasonable limits on the number of persons who may speak for or against a proposal, on the time allowed for each speaker, and on the total time allowed for presentation of the proposed zoning change.

(2)

No less than 10 minutes shall be provided for all of those speaking in support of a text amendment and no less than 10 minutes shall be provided for all of those speaking against, unless such proponents or opponents take less time than the minimum allowed.

(3)

If reasonable time limitations permit, any member of the general public may speak at a hearing.

During the public hearing, the Planning Commission and the Board of Commissioners members may ask questions at any time. Time devoted to questions and answers will not be counted against any time limitations that have been imposed on presentations.

(Res. of 10-1-2019(2), Exh. A)

a.

The Planning Commission shall review any text amendments on its agenda and forward a recommendation for each amendment to the Board of Commissioners.

b.

Following the Planning Commission's public hearing (if applicable), the Board of Commissioners shall consider the text amendment at the next meeting scheduled for the purpose of considering text amendments for which adequate notice has or can be published.

c.

In considering a text amendment, action shall be considered by vote of a quorum of the members present and voting, in accordance with the following rules of order:

(1)

If a motion to approve an amendment fails, the amendment is automatically denied. If a motion to deny an amendment fails, another motion would be in order.

(2)

A tie vote on a motion for approval of an amendment shall be deemed a denial of the amendment. A tie vote on any other motion shall be deemed to be no action, and another motion would be in order.

(3)

If no action is taken on an amendment, it shall be considered tabled and action deferred to the next regular meeting.

d.

In taking final action on an amendment, the Board of Commissioners may:

(1)

Approve, approve with changes, or deny the proposal; or

(2)

Table the proposal for consideration at its next scheduled meeting; or

(3)

Send the proposed amendment to the Planning Commission for consideration.

(Res. of 10-1-2019(2), Exh. A)

The Planning Commission and the Board of Commissioners shall consider the following standards in considering any proposal that would result in a change to the text of this Development Code, giving due weight or priority to those factors that are appropriate to the circumstances of each proposal:

a.

Is the proposed amendment consistent with the purpose and intent of this Development Code as stated under Article 1?

b.

Does the proposed amendment further or is it compatible with the purpose and intent of the Comprehensive Plan?

c.

Is the proposed amendment required to adequately address new or changing conditions or to properly implement the Comprehensive Plan?

d.

Does the proposed amendment reasonably promote the public health, safety, morality or general welfare?

(Res. of 10-1-2019(2), Exh. A; Res. of 2-4-2025(1), Exh. A)

a.

Approval of a text amendment shall be in full force and effect upon its approval by the Board of Commissioners or upon the stated effective date thereof.

b.

For a property on which a use, building, structure or other improvements existed in conformity with this Development Code prior to the effective date of a text amendment affecting the property, any such use, building, structure or other improvements no longer in conformance shall be governed by the provisions for Nonconformities under Article 1 of this Development Code, as applicable.

c.

Construction of any use, building, structure, or other improvements for which a building permit has been issued in conformity with this Development Code prior to the effective date of a text amendment may continue to completion as though no change had occurred and, upon completion, shall be governed by the provisions for Nonconformities under Article 1 of this Development Code, as applicable.

(Res. of 10-1-2019(2), Exh. A)