11-813

11-813. Zoning ordinance; adoption; amendments;
notice; hearing

(Eff. 10/1/11)

A. The commission shall formulate and draft the zoning ordinance. Before
recommending the zoning ordinance to the board of supervisors for adoption, the
commission shall hold at least one public hearing, after giving at least fifteen days'
notice of the hearing by one publication in a newspaper of general circulation in the
county seat.

B. After the commission recommends the zoning ordinance, the zoning ordinance shall
be submitted to the board of supervisors for its consideration and official action.
After the board considers the commission's recommendation, the board shall hold at least
one public hearing at which residents of the county shall be heard concerning the zoning
ordinance. At least fifteen days' notice of the hearing shall be given by one publication
in a newspaper of general circulation in the county seat. The board shall consider
protests and objections to the zoning ordinance and may change or alter any portion of
the zoning ordinance.

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

D. The commission, on its own motion, may propose a zoning regulations amendment
and, after holding a public hearing as required by this chapter, may transmit the
proposal to the board, which shall proceed as prescribed in this chapter for any other
amendment.

E. On receipt of the application the board shall submit the application to the
commission for a report. Before reporting to the board, the commission shall hold at
least one public hearing after giving at least fifteen days' notice of the hearing by one
publication in a newspaper of general circulation in the county seat. 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 by paragraph 2 of this subsection:

(a) A ten per cent or more increase or decrease in the number of square feet or
units that may be developed.

(b) A ten per cent or more increase or reduction in the allowable height of
buildings.

(d) A ten per cent or more increase or decrease in setback or open space
requirements.

(e) An increase or reduction in permitted uses.

2. In proceedings governed by paragraph 1 of this subsection, 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 informational or advertising materials, the county shall include
notice of the changes with the utility bills or other mailings.

(c) The county shall publish the changes before the first hearing on the 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 paragraph 2, subdivision (b) or (c) of this
subsection, 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 the notice.
The county may charge a fee not to exceed five dollars per year for providing this
service and may adopt procedures to implement this paragraph.

4. Notwithstanding the notice requirements prescribed in paragraph 2 of this
subsection, the failure of any person or entity to receive notice does not constitute
grounds for any court to invalidate the actions of a county for which the notice was
given.

F. After the commission has held a public hearing, the board shall hold a public
hearing on the proposed amendment at least fifteen days' notice of which shall be given
by one publication in a newspaper of general circulation in the county seat. After
holding the hearing, the board may adopt the amendment.

G. Notwithstanding title 19, chapter 1, article 4, a decision by the governing body
that changes the zoning standards of land that is not owned by the county as prescribed
in subsection E, paragraph 1 of this section may not be enacted as an emergency measure
and such a change shall not be effective for at least thirty days after final approval of
the change in classification by the board. Unless a resident files a written objection
with the board of supervisors, the change may be enacted as an emergency measure that
becomes effective immediately by a four-fifths majority vote of the board for those
counties with five or more supervisors or a two-thirds majority vote of the board for
those counties with fewer than five supervisors.