The supervisors may from time to time after receiving a report thereupon by the county planning and zoning commission and after public hearings as required by law, amend, supplement or change the zoning regulations.

(Ord. No. 011812-ZO-PZ-C-007-10, § 15)

All zoning regulations shall be consistent with and conform to the comprehensive plan. In the case of uncertainty in constructing or applying the conformity of any part of a proposed zoning regulations amendment to the county's comprehensive plan, the zoning regulations amendment shall be construed in a manner that will further the implementation of and not be contrary to the goals, policies and applicable elements of the comprehensive plan.

(Ord. No. 011812-ZO-PZ-C-007-10, § 15)

A.

The commission on its own motion may propose an amendment to the zoning regulations and direct the planning and development department to research, study and prepare the amendment.

B.

The supervisors on their own motion may direct county staff to make a request that the commission on its own motion propose a zoning regulation amendment.

C.

A property owner or authorized agent of a property owner desiring a zoning regulations amendment may file an application for the amendment.

(Ord. No. 011812-ZO-PZ-C-007-10, § 15)

A.

Contents. The application shall include:

1.

The applicant's name, address and interest in the amendment;

2.

State the proposed amendment to the zoning regulations;

3.

State justifications or reasons for the amendment;

4.

State how the amendment will carry out the goals, objectives and policies of the comprehensive plan;

5.

State how the amendment will benefit and promote the public health, safety, convenience and general welfare;

6.

A filing fee in accordance with the fee schedule adopted under the authority of PCDSC 2.160.050.

B.

Amendment to the comprehensive plan. Any application for a zoning regulations amendment that also requires an amendment to the comprehensive plan shall not be approved until the necessary comprehensive plan amendment has been approved by the supervisors and the referendum period for the comprehensive plan amendment expired; or if a referendum petition is filed, when the comprehensive plan amendment is successfully defended against the referendum.

C.

Restriction on application. An application for a zoning regulations amendment shall not be accepted for processing if it was part of an application for a zoning regulations amendment that was denied by the supervisors within the previous six months.

D.

Withdrawal of application. After submittal and acceptance of a completed application, applicant, without any action by the commissioner or the supervisors, may withdraw the application up to the time the notice of the supervisors' public hearing on the application has been published. After the notice of the public hearing has been published, the applicant may make a request to the supervisors to withdraw the application. The supervisors, at their discretion, may grant the withdrawal request or hear the application.

E.

Pre-application meeting. Prior to filing an application, the property owner and/or property owner's authorized agent shall attend a pre-application meeting with the planning and development department and other appropriate county staff to familiarize staff with the proposed zoning regulations amendment and identify and discuss, if any, potential conflicts with the comprehensive plan, other adopted plans and/or relevant county ordinances and policies concerning land development issues and any other potential issues related to the proposal and to review the application requirements. The pre-application meeting shall not be interpreted as staff approval for the proposed zoning regulations amendment and does not commit the county to approving the proposed zoning regulations amendment.

(Ord. No. PZ-C-001-13, § 2; Ord. No. 011812-ZO-PZ-C-007-10, § 15)

A.

The commission shall hold at least one public hearing on the proposed zoning regulations amendment.

B.

Notice of the public hearing shall be given by one publication in a newspaper of general circulation in the county seat at least 15 calendar days prior to the date of the public hearing. The following specific notice provisions also apply:

1.

In proceedings involving one or more of the following proposed changes or related series of changes in the standards governing land uses, notice shall be provided in the manner prescribed in subsection (B)(2) of this section:

a.

A ten percent or more increase or decrease in the number of square feet or units that may be developed;

b.

A ten percent or more increase or reduction in the allowable heights of buildings;

c.

An increase or reduction in the allowable number of stories of buildings;

d.

A ten percent or more increase or decrease in setback or open space requirements; or

e.

An increase or reduction in permitted uses.

2.

In proceedings governed by subsection (B)(1) of this section, the county shall provide notice to real property owners pursuant to at least one of the following notification procedures:

a.

Notice shall be sent by first class mail to each real property owner, as shown on the last assessment, whose real property is directly affected by the changes.

b.

If the county issues utility bills or other mass mailings that periodically include notices or other information or advertising materials, the county shall include notice of such changes with such utility bills or other mailings.

c.

The county shall publish such changes prior to the first hearing on such changes in a newspaper of general circulation in the county. The changes shall be published in a display advertisement covering not less than one-eighth of a full page.

3.

If notice is provided pursuant to subsection (B)(2)(b) or (c) of this section, the county shall also send notice by first class mail to persons who register their names and addresses with the county as being interested in receiving such notice. The planning and development department may charge a fee not to exceed $5.00 per year for providing this service and may adopt procedures to implement this subsection.

4.

Notwithstanding the notice requirements prescribed in subsection (B)(2) of this section, the failure of any person or entity to receive notice shall not constitute grounds for any court to invalidate the actions of the county for which the notice was given.

C.

After holding a public hearing on the proposed zoning regulations amendment, the commission shall transmit the proposed zoning regulations amendment and the commission's recommendation to the board.

(Ord. No. 011812-ZO-PZ-C-007-10, § 15)

After the commission has held a public hearing and upon receipt of the commission's report and recommendation, the supervisors shall hold a public hearing on the proposed zoning regulations amendment after giving notice of the public hearing by one publication in a newspaper of general circulation in the county seat at least 15 calendar days prior to the date of the public hearing. Upon completion of the public hearing, the supervisors may act upon the proposed zoning regulations amendment.

(Ord. No. 011812-ZO-PZ-C-007-10, § 15)

The county shall issue a written or electronic notice granting or denying approval to the applicant. If the county denies the application, the written or electronic notice shall contain justification for the denial with references to the statutes, ordinances, regulations or substantive policy statements on which the denial is based.

(Ord. No. 011812-ZO-PZ-C-007-10, § 15)