(A)

An amendment to the zoning chapter text or zoning map may be initiated by adopted motion of town council, adopted motion of the planning commission, or by the zoning administrator. An amendment of the zoning map for changing a zoning district designation of property may be initiated by the owner of the property affected or by an agent authorized by the owner in writing.

(B)

An identical amendment to the district designation of the same or a portion of the same property for which a rezoning has been denied shall not be initiated more often than once in each 12-month period after denial unless the planning commission determines either:

(1)

There has been a substantial change in the character of the area; or

(2)

Evidence or factors exist which were not considered in the previous deliberations which might substantially alter the basis for the planning commission recommendation.

(C)

The property that is the subject of the application must have a minimum land area of at least two acres or must be extending an existing district boundary.

(D)

A zoning map amendment shall be initiated by an owner or agent on an application form provide by the zoning administrator, accompanied by required documents and information, and a filing fee established by resolution of town council.

(E)

A complete application for amendment must be received at least two weeks prior to the planning commission meeting in order to be considered at the meeting.

(Ord. No. 5.202, 11-24-1981; Ord. No. 2022.012, § 1, 9-26-2022)

The following procedural steps are required for adoption of a text or map amendment.

(A)

Amendment shall be initiated pursuant to sections 155.480.

(B)

Amendment ordinance shall be prepared in written form required by Town Code.

(C)

Proposed amendment shall be referred to planning commission for review and recommendation. Review shall include a determination of whether the proposed amendment is in conformity with the comprehensive plan. The planning commission shall file with town council its report and recommendation on the proposed amendment within 30 days after receipt.

(D)

Newspaper notice of pubic hearing before town council shall be published at least 15 days prior to hearing. The public hearing shall be scheduled for a date after the planning commission recommendation is due.

(E)

Notices of public hearing shall be posted on or adjacent to property to be rezoned, with one notice visible from each street bordering the property. Posted notices shall contain letters not less than one inch in height.

(F)

Notice of public hearing shall be mailed to adjacent landowners and groups which have filed a written request for notices.

(G)

The town council may introduce amendment ordinance for first reading and hold a public hearing on the same date. The planning commission recommendation shall be reviewed and considered, but it shall not be binding on the town council.

(H)

The town council may adopt or reject the amendment ordinance on second reading at least six days after first reading. A map amendment may be adopted or rejected for all or any portion of the property; however, a zoning district designation which was not included in the public notices shall not be adopted. An amendment may be withdrawn in writing by the initiator at any time prior to final action by the town council. A withdrawn amendment is not subject to the 12-month limitation in section 155.480(B).

(I)

All amendments shall be noted and placed in the copy of the zoning chapter maintained by the zoning administrator and in the official Town Code maintained by the town administrator. A map amendment shall be reflected on the official zoning map.

(Ord. No. 5.202, 11-24-1981)