[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]