Change of Zoning:

A. In compliance with the processes, all requests for zoning changes must be considered as requests requiring a public hearing.

1. Before approving any requests for zoning changes, the relevant planning commission must hold a public hearing.

2. The commission shall prepare a report that includes, but is not limited to, the commission's findings of fact, conclusions of law, recommendations, and any recommended condition that the commission determines to be necessary in accordance with the conditional zoning provisions of this chapter after concluding the public hearing and reviewing the report and recommendation of the planning director and all other pertinent information on the application.

3. The director of planning must provide the panel's report to the county council after any necessary action by the commission.

4. If all of the following conditions are satisfied, the county council may approve a zoning change:

The proposed request complies with the county's applicable community plan land use map, the general plan's objectives and policies, the proposed request's intent and purpose, and the proposed request's compliance with the general plan. If approved, the application would not negatively impact or obstruct public or private schools, parks, playgrounds, water systems, sewage systems, or solid waste disposal facilities.

B. Protests

Before or on the day of the application's public hearing, protests may be submitted with the relevant planning authority. The ordinance approving the application won't take effect until at least six council members have voted in favour of it in the situation where at least 40% of the recorded owners or lessees of lots situated within 500 feet of the subject parcel's borders have submitted written objections. The following criteria should be used to determine the proportion of owners or lessees of record who have submitted written protests:

Protest Zone

The total number of parcels that are within a 500-foot radius of the subject parcel's limits includes both those that are totally within that distance and those that are just partially within that distance. Each property, whether wholly or partly located within five hundred feet, should be treated similarly for calculating the percentage. Roadways and parks are examples of publicly owned properties that must be included into the calculation.

2. A protest by less than all of a parcel's owners or lessees. If any of the owners or lessees of a parcel within five hundred feet of the subject property's borders promptly lodged a protest, the parcel will be deemed to have done so.

3. Retraction of Protest.

Even if it arrives after the planning commission's public hearing on the application, an objection may be withdrawn in writing. After that date, a protest cannot be revived. The proportion of owners or lessees of record who have submitted written objections must be adjusted upon receipt of a formal withdrawal of protest.

4. A zoning change that the planning director or council has requested.

C. Project Master Plan and Development Plan

Unless the planning director or council specifies otherwise in writing at the time the change of zoning is commenced, the protest procedures under this section shall not apply to a change of zoning initiated by the planning director or council. According to this title's requirements, the applicant must present a project master plan and development plan.