Barrington City Zoning Code
ARTICLE XI
Amendments
§ 185-47 Procedure for amendment.
A.
This chapter may be amended by the Town Council on its own initiative or by application of any person, group of persons, corporation or agency. All applications for amendment shall be filed at the office of the Town Clerk and shall be accompanied by a complete description of the proposed amendment and the portion of the ordinance proposed for amendment.
B.
Where the application is for a change in the boundary of a zoning district, the application shall be accompanied by an accurately drawn map showing the following:
(1)
The boundaries of the property proposed for change with appropriate plat, lot and street numbers, and the dimensions and area of the proposed change.
(2)
All properties within 200 feet of the perimeter of the property proposed for change, including those outside of municipal and state boundaries, together with plat and lot numbers and the names and mailing addresses of the owners of record of all said properties.
(3)
The present zoning district boundaries in the area, as determined from the official Zoning Map.
C.
Except for action initiated by the Town Council or a Town agency or official, all applications for amendment shall be accompanied by a filing fee in an amount set from time to time by the Town Council,[1] payable to the Town of Barrington and returnable only in the event that the application is withdrawn prior to the publication of notification of the public hearing.
§ 185-48 Public hearing and notice requirements.
A.
Within 65 days of receipt of an application for amendment, the Town Council shall schedule a public hearing at which all interested parties shall be given an opportunity to be heard. The Town Council shall render a decision within 45 days after the date of completion of the public hearing. These deadlines shall not be construed to apply to any extensions consented by an applicant.
B.
Notice of such hearing shall be published in a newspaper of local circulation in the Town of Barrington once a week for three successive weeks prior to the date of the hearing. The same notice shall be posted in the Town Clerk's office and one other municipal building in the Town, and the Town must make the notice accessible on the homepage of the website at least 14 days prior to the hearing. The cost of newspaper notice shall be borne by the applicant. The notice shall include:
[Amended 12-4-2023 by Ord. No. 2023-12]
(1)
The date, time and place of the hearing.
(2)
A statement that amendment of the zoning ordinance is under consideration.
(3)
A statement of the proposed amendment in its entirety, or a summary of the matter under consideration.
(4)
The location where and times when a copy of the proposed amendment may be obtained, or examined or copied.
(5)
A statement that the proposed amendment may be altered or further amended prior to the close of the public hearing without further advertising, as a result of further study or because of views expressed at the public hearing; and that any alteration or amendment must be presented for comment at the public hearing.
§ 185-49 Written notice requirements.
[Amended 9-9-2019 by Ord. No. 2019-18; 12-4-2023 by Ord. No. 2023-12]
Written notice, which may be a copy of the newspaper notice, or otherwise gives the date, time and place of the public hearing, and the nature and purpose thereof, shall be sent at least two weeks in advance of the public hearing date to the applicant, and to the following. The cost of mailings shall be borne by the applicant.
A.
Owners of all property, including that in any adjacent community, which is located in or within not less than 200 feet of the perimeter of a proposed map amendment, where the proposed amendment includes a specific change to the Zoning Map, by registered, certified, or first-class mail to the property address and the last known address of the owners, as shown on the current real estate tax assessment records of the Town of Barrington; for any notice sent by first-class mail, the sender of the notice shall submit a notarized affidavit to attest to such mailing. Such written notice shall include a copy of the map required in § 185-47.
B.
The Town or city council of any adjacent community, by first class mail, to which either of the following pertain:
(1)
Which is located in or within not less than 200 feet of the boundary of the area proposed for change.
(2)
Where there is a public or quasi-public water source, or private water source that is used or is suitable for use as a public water source, which lies within 2,000 feet of any area which may be affected by the proposed amendment.
C.
The governing body of any state or municipal water department or agency, special water district or private water company that has riparian rights to a surface water resource and/or surface watershed that is used or is suitable for use as a public water source and that is within 2,000 feet of any area which may be affected by the proposed amendment, by first class mail; provided, however, that such governing body has filed with the Building Official a map survey, which shall be kept as a public record, showing areas of surface water resources and/or watersheds and parcels of land within 2,000 feet thereof.
D.
Where a proposed text amendment to an existing zoning ordinance would cause a conforming lot of record to become nonconforming by lot area or frontage, written notice shall be given to all owners of the real property as shown on the current real estate tax assessment records of the Town. The notice shall be given by first-class mail at least two weeks prior to the hearing at which the text amendment is to be considered, with the content required by Subsection A. The notice shall include reference to the merger clause and the impacts of common ownership of nonconforming lots.
E.
There is hereby established a public notice registry allowing any person or entity to register for electronic notice of any changes to the zoning ordinance. The Director shall maintain the public notice registry and shall provide public notice annually of the existence of the electronic registry by publication of notice in a newspaper of general circulation within the Town.
§ 185-50 Review by Planning Board and other Town agencies.
A.
Upon receipt of an application for amendment of this chapter, said application shall be referred to the Barrington Planning Board. The Planning Board shall report to the Town Council within 45 days after the receipt of the application, with its findings and recommendations, including:
(1)
A statement on the general consistency of the proposal with the Comprehensive Plan, including the goals and policies statements, the implementation program and all other applicable elements.
[Amended 12-4-2023 by Ord. No. 2023-12]
B.
The Town Council may also refer any application for amendment to any other Town agency, board or committee where the Council feels that an advisory opinion may assist in arriving at a proper decision.
§ 185-51 Decision of the Town Council.
A.
Within 45 days following the completion of the public hearing, the Town Council shall render a decision on the proposed amendment and shall notify the applicant, the Building Official, the Zoning Board of Review, the Planning Board and the Town Clerk of such decision.
B.
In granting an amendment to this chapter, the Town Council may limit the change to one of the permitted uses in the district to which the subject land is rezoned and impose such conditions and restrictions as it deems necessary, including, without limitation:
(1)
Requiring the applicant to obtain a permit or approval from any and all state or local governmental agencies or instrumentalities having jurisdiction over the land and use which are the subject of the zoning change.
(2)
Those relating to the effectiveness or continued effectiveness of the zoning change.
(3)
Those relating to the use of the land.
C.
Such conditions or restrictions shall be clearly noted on the Zoning Map and recorded in the land evidence records of the Town of Barrington; provided, however, that in the case of a conditional zone change, the conditions or restrictions shall not be noted on the Zoning Map until the zone change has become effective.
D.
If the permitted use for which the land has been rezoned is abandoned, or if the land is not used for the requested purpose for a period of two years or more after the zone change becomes effective, the Town Council may, after a public hearing as hereinbefore set forth, change the land to its original zoning use before the application was filed.
E.
Where the Town Council denies or grants leave to withdraw to an applicant for amendment of this chapter, the council shall not consider another application for the same amendment for a period of one year from the date of such denial or withdrawal. This period of time may be waived if the subsequent application is accompanied by an affidavit presenting facts, to the satisfaction of the Town Council, demonstrating that a substantial change in the factual circumstances exists, justifying a rehearing of the proposed amendment.
§ 185-52 (Reserved) [1]
[1]
Editor's Note: Former § 185-52, Protest by property owners, was repealed 1-13-1997 by Ord. No. 96-14.
§ 185-53 Recording of an amendment.
Within five days after the enactment of an amendment, the Town Clerk shall make copies of such amendment available to the public and shall append copies of such amendment to the record copy of the zoning ordinance. Where the amendment changes the Zoning Map, the record copy of said map shall be amended within 90 days of the authorized change, and a notation shall be made thereon, giving the date of amendment and the appropriate reference into Town Council records.