§ 2.10.2. Text amendment process.Before the Governing Body may take final action on a proposed text amendment, the Planning Commission shall hold a public hearing on the proposal.

a.

Public Notice. The public shall be notified of any proposed text amendments in the following manner.

(1)

At least 15 days, but not more than 45 days prior to the public hearing, notice shall be given in a newspaper of general circulation within the county. The Planning Department shall prepare such notice, which shall state the time, place and purpose of the hearing.

(2)

For overlay district text amendments, the Planning Department shall give notice to each property owner, as such names and addresses appear on the County's ad valorem tax records, whose property lies within the boundaries of such overlay district. The notice shall be mailed at least five days prior to the hearing and shall state the nature of the proposed amendment; and the time and place of the hearing.

b.

Planning Commission Public Hearing. The public hearing held by the Planning Commission for a text amendment shall be conducted in the following manner:

(1)

The Chairperson, the Vice-Chairperson, or the Planning Commission's designee, who shall act as the Presiding Official, shall convene the public hearing at the scheduled time and place.

(2)

The Presiding Official shall call for each proposed text amendment to be presented to the Planning Commission.

(3)

No person in attendance shall speak unless first formally recognized by the Presiding Official. Upon rising to speak, each person shall state his or her name and home address. The Presiding Official may place reasonable limits on the number of persons who may speak for or against a proposal, on the time allowed for each speaker, and on the total time allowed for presentation of the proposed text amendment. No less than ten minutes shall be provided for all those speaking in support of a text amendment and no less than ten minutes shall be provided for all those speaking against, unless such proponents or opponents take less time than the minimum allowed. Each side shall be afforded an equal minimum time period for presentation of data, evidence and opinion.

(4)

Following the public hearing on each text amendment, the Planning Commission at that time shall make its recommendation or take such other action as may be appropriate.

(a)

A motion to recommend approval that receives an affirmative vote from a majority of the voting members present will be forwarded to the Governing Body as a recommendation for approval. A motion to recommend approval that receives a negative vote from a majority of the voting members present will be forwarded as a recommendation for denial.

(b)

A motion to recommend denial that receives an affirmative vote from a majority of the voting members present will be forwarded to the Governing Body as a recommendation for denial. A motion to recommend denial that receives a negative vote from a majority of the voting members present will be forwarded as a recommendation for approval.

(c)

A tie vote on a motion will be forwarded to the Governing Body as no recommendation with the actual vote transmitted.

(d)

If no action is taken on an application, it will go forward to the Governing Body with no recommendation.

(e)

A motion to postpone that receives an affirmative vote from a majority of the voting members present will result in action on the text amendment being deferred for a period of time as specified by the members of the Planning Commission. However, where the governing body has initiated a text amendment, the Planning Commission shall act on the text amendment by the date specified by the Governing Body. At the discretion of the chair, a postponed text amendment may be considered at a specially called meeting.

c.

Governing Body Public Hearing.

(1)

Each Governing Body shall conduct a public hearing to consider a text amendment at no later than its second scheduled meeting following the public hearing of the Planning Commission, except that no public hearing or vote shall be conducted by the County where the proposed amendment has on its face application only in the City, and no public hearing or vote shall be conducted by the City where the proposed amendment has on its face application only in the County.

(2)

The Chairperson of each Governing Body or another person designated by the Governing Body shall act as Presiding Official.

(3)

The Presiding Official shall submit each proposed amendment to the Governing Body. The Presiding Official shall read the recommendation of the Planning Department and shall present such other documentation, as he may deem pertinent.

(4)

No person in attendance shall speak unless first formally recognized by the Presiding Official. Upon rising to speak, each person shall state his or her name and home address. The Presiding Official may place reasonable limits on the number of persons who may speak for or against a proposal, on the time allowed for each speaker, and on the total time allowed for presentation of the proposed text amendment. No less than ten minutes shall be provided for all those speaking in support of the text amendment and no less than ten minutes shall be provided for all those speaking against, unless such proponents or opponents take less time than the minimum allowed. Each side shall be afforded an equal minimum time period for presentation of data, evidence, and opinion.

(5)

During the public hearing, the members of the Governing Body may ask questions at any time. Time devoted to questions and answers will not be counted against any time limitations that have been imposed on presentations.

(6)

Following the public hearing on the text amendment (or at the second reading), action shall be considered by vote of the Governing Body.

(a)

A motion to approve or deny an amendment must be approved by an affirmative vote of at least a quorum of the members in order for the motion to be approved.

(b)

If a motion to approve an amendment fails, the amendment is automatically denied. If a motion to deny an amendment fails, another motion would be in order.

(c)

A tie vote on a motion for approval of an amendment shall be deemed a denial of the amendment. A tie vote on any other motion shall be deemed to be no action, and another motion would be in order.

(d)

If no action is taken on an amendment, it shall be considered tabled and action deferred to the next regular meeting of the Governing Body.

(7)

In taking action on an amendment, each Governing Body may:

(a)

Approve, approve with changes, or deny the proposal; or,

(b)

Table the proposal for consideration at its next scheduled meeting; or,

(c)

Refer the amendment back to the Planning Commission for further consideration.

d.

Referral to Planning Commission for Further Consideration. If the Governing Body refers an amendment back to the Planning Commission for further study:

(1)

The Planning Department shall give public notice of the Planning Commission's hearing for further consideration in the same manner as described above, and the Planning Commission shall conduct its additional public hearing and take action as described above.

(2)

After the Planning Commission's rehearing and recommendation on the referred amendment, the Governing Body shall follow the same procedure set forth above to consider the amendment.