[Res. No. 07-06, Zoning Order Art.
4 § A, 7-12-2007]
A. Authority. The Cass County Commission may, by County order, amend,
supplement, change, modify or repeal these regulations and the zoning
designation definitions or district boundaries, or may modify these
regulations as they apply to any specific parcel of land within the
County. No such amendment or change shall be adopted by the County
Commission until the Planning Board has held a public hearing and
submitted its recommendations.
B. Proposal Of Amendments To The Zoning Order. Amendments to the Zoning
Order, or any zoning definition, designation or district as defined
in these regulations, or any specific parcel of land, may be initiated
by the County Commission, the Planning Board, or upon application
by the owners of the property affected.
1.
Applications for the amendment action as defined in these regulations
for any specific parcel of land shall be made to the Zoning Department,
requesting a public hearing of the matter by the Planning Board. An
application fee and the costs of publication shall be charged and
collected from the applicant in an amount as established by the County
Commission by separate order. A separate fee shall be required for
each application for a zoning action.
2.
The details and requirements of the application shall be as
defined in the Article describing Administration in this Zoning Order.
3.
The County shall coordinate with affected Cities when considering
proposed amendments that occur within Urban Service Tiers and Mixed
Use Tiers near Cities, as prescribed in the County Comprehensive Plan,
and when considering land use changes in the Airport Overlay areas.
For matters that occur in proximity to the various incorporated areas
of the County, the comments of the administration of these communities
may therefore also be made a consideration. If so, such comments will
be requested by the Zoning Department prior to establishing an agenda
date for the public hearing.
4.
The application shall also contain pertinent information describing
the proposed zoning action as determined by the Zoning Order and Subdivision
Regulations and the Zoning Officer.
5.
The Board, after consideration, will forward to the County Commission
or Board of Zoning Adjustment its findings and recommendations with
respect to the proposed action, or may require a further evaluation
of the application.
C. City And County Cooperation. The County shall coordinate with affected
Cities when considering proposed zoning district boundary amendments
in Urban Service Tiers and Mixed Use Tiers near Cities, as prescribed
in the County Zoning Order and Subdivision Regulations; and when considering
land use changes in the Airport Overlay or Wind Energy designated
areas.
[Res. No. 07-06, Zoning Order Art.
4 § B, 7-12-2007]
A. Public Hearing. The Planning Board shall hold a public hearing on
each proposed amendment that is referred to, filed with, or initiated
by the Board. The Board shall select a reasonable hour and place for
such public hearing, and it shall hold such hearing within sixty (60)
days from the date on which the proposed amendments is referred to,
filed with, or initiated by the Board. An applicant for an amendment
may waive the requirement that such hearing be held within sixty (60)
days.
B. Notice Of Hearing. Public notice of a hearing on a proposed amendment
shall be published once in a newspaper of general circulation and
posted in one (1) or more public areas of the County administrative
building at least fifteen (15) days prior to the date set for such
hearing. Such notice shall state the date, time and place of the hearing
and shall contain a statement summarizing and describing the amendment.
C. The Planning Board shall also require that a notice be sent to the
City Clerk of any municipality within one and one-half (1.5) miles
of the property and to any political subdivision in which the property
is located. The Planning Board may give such additional notice to
other persons as it may from time to time provide by its rules.
D. Conduct Of Hearing. The hearing shall be conducted and a record of
the proceedings shall be preserved in such manner and according to
such procedures as the Planning Board may from time to time prescribe
by rule. Any interested person or party may appear and be heard at
the hearing in person or by an agent. The Planning Board may request
a review and report on any proposed amendment from any governmental
authority or agency, or any other person, firm or corporation. If
such a report is made, a copy thereof shall be made available to any
other interested persons and shall be available for review in the
office of the Planning Board at least three (3) days before the date
set for the public hearing. The Planning Board may also require such
report after such public hearing if additional information is deemed
necessary. Such reports shall again be made available to interested
persons.
[Res. No. 07-06, Zoning Order Art.
4 § C, 7-12-2007; Ord. No. 19-05, 8-22-2019]
A. Recommendations. Upon the conclusion of the public hearing, the Planning
Board shall prepare and adopt its recommendations and shall submit
the same, together with a record of the hearing thereon, to the County
Commission. Said recommendations may be for approval or disapproval,
or approval with modifications.
B. Amendments To Text. When a proposed amendment would result in a change
in the text of these regulations, but would not result in a change
of zoning classification of any specific property, the recommendation
of the Planning Board shall contain a statement as to the nature and
effect of such proposed amendment.
C. Amendments To Zoning Districts. When a proposed amendment would result
in a change of the zoning classification of any specific property,
the report of the Planning Board shall contain, in addition to any
other provisions required by law, statements as to the present classification,
the classification under the proposed amendment, and the zoning and
land uses of the properties nearby.
[Res. No. 07-06, Zoning Order Art.
4 § D, 7-12-2007]
A. Adoption Of Amendments. Upon the receipt of the recommendation of
the Planning Board and any other information that has been submitted,
the County Commission shall consider the amendment and may adopt it
with or without change or may refer it back to the Planning Board
for further consideration.
B. Time Limit. If a proposed amendment is not acted upon finally and
in closure by the County Commission within one hundred twenty (120)
days after the recommendation of the Planning Board has been submitted
to it, such proposed amendment shall be deemed to have been approved,
unless the applicant for such amendment shall have consented to an
extension of such period of time. Whenever a proposed amendment is
defeated, either by vote of the County Commission or by reason of
the operation of this Section, such amendment shall not thereafter
be passed without a further public hearing and notice thereof as provided
by this Article.
C. Approved Action. If the County Commission approves an application
for a proposed amendment, it shall adopt an order to that effect or
otherwise take specific affirmative action indicating the method of
approval and any conditions, and shall maintain the record of such
action in the public record of such actions by the Commission.
D. Protest. In case of written protest against any proposed amendment,
signed and acknowledged by the owners of thirty percent (30%) of the
frontage within one thousand (1,000) feet to the right or left of
the frontage proposed to be changed, or by the owners of thirty percent
(30%) of the frontage directly opposite, or directly in the rear of
the frontage proposed to be altered, or in cases where the land affected
lies within one and one-half (1 1/2) miles of the limits of a municipality,
by the City Council or Zoning Board of any such municipality, filed
with the County Clerk, such amendment may not be passed except by
the favorable vote of two-thirds (2/3) of all the members of the County
Commission.
[Ord. No. 19-05, 8-22-2019]