Except as otherwise provided in this article, any amendment to the provisions of this chapter shall be initiated and adopted as other ordinances are amended or adopted.

(§ VI, Ord. 623, eff. July 17, 1974)

Any amendment to the provisions of this chapter which changes any property from one district to another district, or imposes any regulation upon property not theretofore imposed or removes or modifies any such regulation shall be initiated and adopted as set forth in this article.

(§ VI, Ord. 623, eff. July 17, 1974)

Any amendment of the nature set forth in Section 10-6.2802 of this article may be initiated by:

(a)

Filing with the Planning Commission a resolution of intention of the Board;

(b)

The adoption of a resolution of intention by the Planning Commission; or

(c)

Filing with the Planning Commission a petition of one or more record owners, or their authorized agents, of the property which is the subject of the proposed amendment Where such petition is filed by an agent, the petition shall be accompanied by a copy of the instrument signed by an owner and designating the agent. A petition for amendment shall be on a form designated therefor by the Planning Commission and shall be accompanied by a fee set by the Board.

(§ VI, Ord. 623, eff. July 17, 1974)

Upon receipt of a complete application, the Planning Department shall set a date for a public hearing thereon as prescribed by law.

(§ VI, Ord. 623, eff. July 17, 1974, as amended by § I, Ord. 94-07, eff. April 14, 1994)

Notice of the public hearing shall be given in the following manner:

(a)

By the publication of a notice of hearing one time not less than ten (10) days prior to such hearing in a newspaper of general circulation in the County; and/or

(b)

By posting not less than ten (10) days prior to such hearing at least three (3) public notices of the hearing along the streets upon which the property proposed to be affected abuts.

(§ VI, Ord. 623, eff. July 17, 1974)

Each such posted notice shall consist of the words "Notice of Proposed Zoning Change" in letters not less than one inch in height and, in addition thereto, a statement in small letters setting forth a general description of the property proposed to be affected, the time and place of the public hearing thereon, and such other information as the Planning Commission deems necessary.

(§ VI, Ord. 623, eff. July 17, 1974)

Any failure to post the public notices as set forth in Section 10-6.2806 of this article shall not invalidate any proceedings under this chapter.

(§ VI, Ord. 623, eff. July 17, 1974)

After the close of the public hearing or continuations thereof, the Planning Commission shall make a report of its findings and its recommendations for the approval or conditional approval of the proposed amendment. The Planning Commission report shall include a list of persons who testified at the hearing, a summary of the facts adduced at the hearing, the findings of the Planning Commission, and copies of any maps or other data and/or documentary evidence submitted in connection with the proposed amendment. A copy of such report and recommendations shall be transmitted to the Board within ninety (90) days after the first notice of hearing thereon; provided, however, such time may be extended with the consent of the Board or the petitioner for such amendment. The denial of the proposed zone change shall end all Planning Commission action, except for an appeal of the denial to the Board.

(§ VI, Ord. 623, eff. July 17, 1974, as amended by Ord. 897, eff. July 12, 1979)

The Board shall set the matter for a public hearing, notice thereof to be given in the time and manner provided by law. After the conclusion of such hearing or continuations thereof, the Board, within the time limits as prescribed by law, may adopt the proposed amendment, or any part thereof, set forth in the petition, or resolution of intention in such form as the Board deems desirable.

(§ VI, Ord. 623, eff. July 17, 1974, as amended by Ord. 897, eff. July 12, 1979, and § I, Ord. 94-07, eff. April 14, 1994)

In the event any protestant to the zone change denial is not satisfied with the action of the Planning Commission on such matter, he may appeal such action to the Board within ten (10) days.

(Ord. 897, eff. July 12, 1979)

Appeals on zone change denials shall be made in writing and filed with the County Clerk, accompanied by a fee set by the Board.

Upon the receipt of such appeal, the Board shall set the matter for a public hearing, notice thereof to be given in the time and manner provided by law.

Notice of such appeal shall be given to the Planning Commission and the applicant, and a report shall be submitted by the Planning Commission to the Board setting forth the reasons for the action taken by the Planning Commission. Such report shall be submitted in writing and may be supplemented by oral and documented evidence.

The action of the Board to change the decision of the Planning Commission shall be by the affirmative vote of not less than a majority of its total membership. The decision of the Board shall be rendered not more than forty-five (45) days after the close of the hearing.

(Ord. 897, eff. July 12, 1979)