SECTION 1101 AUTHORITY: The County Board of Commissioners may form time to
time amend, supplement, modify the zoning district boundaries or repeal the
regulations contained in this Resolution, provided no such amendment, supplement, modification, change of boundaries or repeal
shall become effective until such proposed modification shall have been
submitted to the Planning Commission for recommendation and report and after
public notice has been provided and public hearing have been held by both the
Planning Commission and Board of Commissioners. A proposal for modification or repeal may be initiated by the
Planning Commission, the Board of Commissioners or upon application of any owner
of property under the jurisdiction of this Resolution. A filing fee, as established by the County
Board of Commissioners shall be paid for each application to modify this
Resolution prior to action on such application by the Planning Commission and
Board of Commissioners, provided that such fee shall be waived where the
proposed modifications is initiated by the Planning Commission or the Board of
Commissioners.
SECTION 1102 PUBLIC NOTICE AND PUBLIC HEARINGS: Prior to consideration of amending,
supplementing, changing, modifying or repealing of
all or part of this Resolution, notice of public hearings by the Planning
Commission and Board of Commissioners shall each be provided as follows:
1102.01 Such notice shall be
published in the legal newspaper of general circulation in the
County one (1) time at least ten (10) calendar days
prior to such public hearing and such notice shall fix the date, time, place and subject of the public
hearing. In addition, a copy of such
notice shall also be given to the Chairperson of any municipal, county or any
joint planning commission, having jurisdiction over land within three (3) miles
of the property effected by the petition. In the absence of a planning
commission, such notice shall be given to the clerks of units of local
governments having jurisdiction over land within three (3) miles of the
property affected by such action. Any party may appear in person or be
represented by an agent or attorney at the public hearing and be heard.
1102.02 If such proposed modification
is not a general revision of an existing provision of this
Resolution and will affect only a specific property,
the public notice shall include the general location and a legal description of
such specific property and, in addition, notice of the public hearing(s) shall
be mailed by first class mail to the applicant and the owners of record of real
estate that is located adjacent to or immediately across a road from the
property affected by such modification at least ten (10) calendar days prior to
such public hearings.
1102.03 The provisions of this Section
regarding notification by first class mail shall not apply to:
1.
A
proposed modification of this Resolution where such modification will apply
throughout the County or throughout an existing zoning district;
2.
Additional
or different types of zoning districts are proposed, whether or not such
additional or different zoning districts are made
applicable to areas or parts of areas already within a zoning district of the
County;
3.
In
these instances only the publication of public notice in the newspaper, and
notice to other planning commissions having jurisdiction over lands within
three (3) miles of lands which will be effected by such modification and
notification of local units of government, as set forth in Section 1102 above,
shall be required.
SECTION 1103 AMENDMENT CONSIDERATION AND ADOPTION
1103.01 Planning Commission: The procedure for the consideration and adoption of any proposed
amendment to this Resolution
shall be in like manner as that required for consideration and
adoption of this
Resolution. For action on amendments to
the text of this Resolution or the
zoning district boundaries
indicated on the Official Zoning Map, a quorum of the Planning
Commission must be present
at the required public hearing to approve or disapprove a proposed
amendment action on any
proposed amendment shall require an affirmative vote of a majority of
all members of the
Commission. The Commission’s action on
any proposed amendment shall
constitute a recommendation
of approval or disapproval to the Board of Commissioners.
1103.02 Board of Commissioners: After public notice and public hearing as described above, may
act to
agree or disagree with said
Planning Commission recommendation and shall act to approve or
disapprove said amendment. Passage of a motion to adopt a resolution
approving an amendment
or passage of motion to
disapprove an amendment, regardless of the recommendation of the
Planning Commission shall
require a simple majority vote of the Board of Commissioners,
except for the provisions
set forth in Section 1105 of this Resolution.
SECTION 1104 AMENDING OFFICIAL
ZONING MAP: Should any amendment adopted
by resolution of the Board of Commissioners serve to modify the location of
zoning district boundaries as set forth on the Red Willow County Official
Zoning Map, the Board of Commissioners shall cause the Official Zoning Map to
immediately be modified to reflect the adopted amendment and such change shall
be witnessed by the signature of the Chairperson of the Board of
Commissioners. Adoption of any
resolution to amend the Official Zoning Map shall become effective only after
such amendment is reflected on such Official Zoning Map and such change has
been witnessed by the signature of the Chairperson of the County Board of
Commissioners and attested to by the County Clerk.
SECTION 1105 PROTESTS: Regardless of whether or not the Planning Commission
approves or disapproves a proposed amendment, if a protest against any
amendment, signed by the owners of twenty percent (20%) or more of the area of
lots included in such proposed change, or of those immediately adjacent in the
rear thereof extending one hundred (100) feet therefrom, or of those directly
opposite thereto extending one hundred (100) feet from the street frontage of
such opposite lots, is filed, such amendment shall not become effective except
by the favorable vote of two-thirds majority of the County Board of
Commissioners.