Editor's note— Ord. No. 2013-01, § 2, adopted July 9, 2013, repealed former §§ 22-27—22-32 in their entirety. Subject matter and legislative history of these former sections are listed below:

The following steps are to be followed to request a change in zoning classification:

(1)

All applications shall be filed with the administrative official on the proper form furnished by the administrative official.

(2)

The application submitted shall include the following information:

a.

The legal description, including the lot and block numbers, of the property to be rezoned;

b.

The names and addresses of all owners of the subject property;

c.

Existing and proposed zoning classification of the property;

d.

A statement of the petitioner's interest in the property to be rezoned, including a copy of the last recorded warranty deed; and:

1.

If joint and several ownership, a written consent to the rezoning petition by all owners of record; or

2.

If a contract purchase, a copy of the purchase contract and written consent of the seller/owner; or

3.

If an authorized agent, a copy of the agency agreement or written consent of the principal/owner; or

4.

If a corporation or other business entity, the name of the officer or person responsible for the application and written proof that said representative has the delegated authority to represent the corporation or other business entity; or, in lieu thereof, written proof that the person is, in fact, an officer of the corporation; or

5.

If a group of contiguous property owners, the owners of at least fifty (50) percent of the property described in the petition must provide written consent.

e.

A complete list of all property owners, mailing addresses and legal descriptions for all property within three hundred (300) feet of the subject parcel as recorded in the latest official tax rolls in the county courthouse;

f.

A statement of special reasons for the rezoning as requested;

g.

Payment of the official fee as set by the town council;

h.

The signature of each and every owner of the lands.

(3)

After the administrative official has received the request, the request will be placed on the agenda of the next meeting of the planning agency, provided that the request is received at least thirty (30) days prior to the meeting. The planning agency shall study each request for rezoning, conduct a public hearing after due public notice and make a written recommendation to the town council. The written report and recommendations shall:

a.

Show that the planning agency has studied and considered the need and justification for the change;

b.

Indicate the relationship of the proposed rezoning to the comprehensive plan for the town, and whether the proposed change will further the purpose of the planning program; and

c.

Be submitted to the town council in not more than sixty (60) days from the date a completed application for the rezoning is filed.

(4)

The town council shall review the recommendations made by the planning agency and hold a public hearing, with due notice, to consider the request.

(5)

It shall be the responsibility of the administrative official to give due public notice of both the planning agency and town council public hearings.

(6)

Following the public hearings, the town council, by ordinance, may change the zoning classification of said petitioners; or it may deny the petition. In the case of denial, the town council shall thereafter take no further action on another application for substantially the same proposal on the same premises until after twelve (12) months from the date of the last such disapproval.

(Ord. No. 89-4, § 1, 3-14-89)

The following steps are to be followed to request a use by exception:

(1)

All applications shall be filed with the administrative official on the proper form furnished by the administrative official, and said application shall only be accepted when filed by the owner of the property under consideration or his authorized agent or attorney.

(2)

The application submitted shall include the following information:

a.

An adequate legal description of the premises as to which the use by exception is requested;

b.

The names and addresses of the owners or tenants in possession of the premises;

c.

A description of the use by exception desired which shall specifically and particularly describe the type, character and extent of the proposed use by exception;

d.

The reason for requesting the use by exception;

e.

The signature of the owner or the owner's authorized agent or attorney, including a copy of the agency agreement or a written consent of the owner;

f.

Payment of the official filing fee as set by the town council.

(3)

After the administrative official has received the request, the request will be placed on the agenda of the next meeting of the planning agency (community development board), which will meet the time limit required by the planning agency. The planning agency shall study each request for a use by exception, conduct a public hearing after due public notice and make a written recommendation to the town council. The written report and recommendation shall state specific reasons and findings of fact upon which its recommendation is based.

(4)

Any review of any application for a use by exception shall consider:

a.

Ingress and egress to property and proposed structures thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control and access in case of fire or catastrophe;

b.

Off-street parking and loading areas, where required, with particular attention to the items in a. above and the economic, noise, glare and odor effects of the special exception on adjoining properties and properties generally in the district;

c.

Refuse and service areas, with particular reference to the items in a. and b. above;

d.

Utilities, with reference to locations, availability and compatibility;

e.

Screening and buffering, with reference to type, dimensions and character;

f.

Signs, if any, and proposed exterior lighting, with reference to glare, traffic safety, economic effects and compatibility and harmony with properties in the district;

g.

Required yards and other open space;

h.

General compatibility with adjacent properties and other property in the district.

(5)

The town council shall conduct a public hearing after due public notice, following which they shall consider the application for a use by exception permit and the planning agency's report and recommendation thereon, as well as citizens' attending such hearing and shall deny, approve or approve with conditions the petitions.

(6)

The town council may, as a condition to the granting of any application for a permit, impose such conditions, restrictions or limitations in the use of the premises, or upon the use thereof as requested in the application, as the town council may deem appropriate and in the best interest of the town, taking into consideration matters of health, safety and welfare of the citizens, protection of property values and other considerations material to good zoning principles and concepts.

(7)

Any use by exception permit granted by the town council shall permit only the specific use or uses described in the application, as the same may be limited or restricted by the terms and provisions of the permit, and none other; any expansion or extension of the use of such premises, beyond the scope of the terms of the permit, shall be unlawful and in violation of this chapter and render the permit subject to suspension or revocation by the town council.

(8)

The town council may suspend or revoke a use by exception permit at any time the town council determines that the use has become a public or private nuisance because of an improper, unauthorized or other unlawful use of the premise.

(9)

If a petition for a use by exception permit is denied by the town council, thereafter, the town council shall take no further action on another petition for substantially the same use on the same premises until after twelve (12) months after the date of the last denial.

(Ord. No. 89-4, § 1, 3-14-89)

Editor's note— Ord. No. 2013-01, § 2, adopted July 9, 2013, repealed former §§ 22-35—22-37 in their entirety. Subject matter and legislative history of these former sections are listed below: