02 - Zoning Districts2
Editor's note— Ord. No. 2019-028, § 1, adopted September 17, 2019, repealed the former Ch. 17.02, §§ 17.02.010—17.02.080, and enacted a new Ch. 17.02 as set out herein. The former Ch. 17.02 pertained to similar subject matter and derived from Ord. No. 2018-016, § 1, 5-15-2018; Ord. No. 2016-009, § 1, 4-5-2016; Ord. No. 2015-22, § 1, 6-2-2015; Ord. 2013-41 § 2, 2013; Ord. 2012-18 § 1, 2012.
A.
The following Zoning Districts ("Zoning Districts") are established within the Town. A description of each Zoning District is provided in the designated chapter of this Title 17.
* Beginning June 1, 2023, no additional properties will be zoned I-1 or I-2; provided, however, that all properties with existing I-1 or I-2 zoning will continue to be classified as I-1 or I-2, and will continue to be subject to the requirements that apply to I-1 and I-2 zoning districts.
(Ord. No. 2023-007, § 1, 4-4-2023; Ord. No. 2019-028, § 1, 9-17-2019)
All property within the Town shall be included within one of the primary Zoning Districts Residential, Business/Commercial/Industrial, Open Space or Planned Development.
(Ord. No. 2019-028, § 1, 9-17-2019)
In addition to classification within a primary Zoning District, property may be included in one or more of the Overlay Zoning Districts.
(Ord. No. 2019-028, § 1, 9-17-2019)
A.
A record of the boundaries of all Zoning Districts established pursuant to this Chapter ("Zoning District Map") shall be maintained, which record is by reference made a part of this Title 17.
B.
In the event uncertainty shall be deemed to exist concerning the boundary of any District shown on the Zoning District Map and the uncertainty cannot be resolved by reference to the applicable zoning ordinance, District boundaries shall be on section lines, lot lines, the centerlines of highways, streets, alleys, railroad rights-of-way, channelized waterways such as streams, or other lines to be determined by the Manager.
(Ord. No. 2019-028, § 1, 9-17-2019)
The purpose of this Section is to establish the procedure and requirements for initial zoning at the time of annexation or requested changes to the Zoning District classification of property. Any such amendments to the Zoning District Map (Rezoning) shall be processed according to the following procedures and requirements:
A.
Application. The applicant for the Rezoning shall comply with the Development Procedures Manual.
B.
Public Hearings. The Planning Commission shall conduct a public hearing for the purpose of providing a recommendation to the Town Council on the Rezoning request. Thereafter the Town Council shall conduct a separate public hearing and shall take final action on the application. The procedure for such public hearings and action by the Planning Commission and Town Council is prescribed in Chapter 17.04.
C.
Approval criteria. The Planning Commission and Town Council shall consider the following criteria in evaluating a request for Rezoning as well as any additional criteria germane to the specific Rezoning request as prescribed in this Title:
1.
Compatible with any applicable land use intergovernmental agreements.
2.
Conforms with the most recently adopted versions of the Town's Vision, Comprehensive Master Plan, applicable sub-area plans, adopted criteria manuals and guidelines and other master plans.
3.
Compatible with existing and planned development on adjacent properties and in the surrounding area or neighborhood, and proposed mitigation measures.
4.
Impacts upon the natural environment, including air, water, noise, stormwater management, wildlife and vegetation, and proposed mitigation measures.
5.
Whether the property will have access to current or planned services and infrastructure adequate to support the orderly development of the property.
6.
Positive economic impact potential from development of the property.
(Ord. No. 2019-028, § 1, 9-17-2019)
Any Rezoning initiated by the Town shall require compliance with Subsections 17.02.060.B. and 17.02.060.C. and the Manager shall be considered the applicant.
(Ord. No. 2019-028, § 1, 9-17-2019)
02 - Zoning Districts2
Editor's note— Ord. No. 2019-028, § 1, adopted September 17, 2019, repealed the former Ch. 17.02, §§ 17.02.010—17.02.080, and enacted a new Ch. 17.02 as set out herein. The former Ch. 17.02 pertained to similar subject matter and derived from Ord. No. 2018-016, § 1, 5-15-2018; Ord. No. 2016-009, § 1, 4-5-2016; Ord. No. 2015-22, § 1, 6-2-2015; Ord. 2013-41 § 2, 2013; Ord. 2012-18 § 1, 2012.
A.
The following Zoning Districts ("Zoning Districts") are established within the Town. A description of each Zoning District is provided in the designated chapter of this Title 17.
* Beginning June 1, 2023, no additional properties will be zoned I-1 or I-2; provided, however, that all properties with existing I-1 or I-2 zoning will continue to be classified as I-1 or I-2, and will continue to be subject to the requirements that apply to I-1 and I-2 zoning districts.
(Ord. No. 2023-007, § 1, 4-4-2023; Ord. No. 2019-028, § 1, 9-17-2019)
All property within the Town shall be included within one of the primary Zoning Districts Residential, Business/Commercial/Industrial, Open Space or Planned Development.
(Ord. No. 2019-028, § 1, 9-17-2019)
In addition to classification within a primary Zoning District, property may be included in one or more of the Overlay Zoning Districts.
(Ord. No. 2019-028, § 1, 9-17-2019)
A.
A record of the boundaries of all Zoning Districts established pursuant to this Chapter ("Zoning District Map") shall be maintained, which record is by reference made a part of this Title 17.
B.
In the event uncertainty shall be deemed to exist concerning the boundary of any District shown on the Zoning District Map and the uncertainty cannot be resolved by reference to the applicable zoning ordinance, District boundaries shall be on section lines, lot lines, the centerlines of highways, streets, alleys, railroad rights-of-way, channelized waterways such as streams, or other lines to be determined by the Manager.
(Ord. No. 2019-028, § 1, 9-17-2019)
The purpose of this Section is to establish the procedure and requirements for initial zoning at the time of annexation or requested changes to the Zoning District classification of property. Any such amendments to the Zoning District Map (Rezoning) shall be processed according to the following procedures and requirements:
A.
Application. The applicant for the Rezoning shall comply with the Development Procedures Manual.
B.
Public Hearings. The Planning Commission shall conduct a public hearing for the purpose of providing a recommendation to the Town Council on the Rezoning request. Thereafter the Town Council shall conduct a separate public hearing and shall take final action on the application. The procedure for such public hearings and action by the Planning Commission and Town Council is prescribed in Chapter 17.04.
C.
Approval criteria. The Planning Commission and Town Council shall consider the following criteria in evaluating a request for Rezoning as well as any additional criteria germane to the specific Rezoning request as prescribed in this Title:
1.
Compatible with any applicable land use intergovernmental agreements.
2.
Conforms with the most recently adopted versions of the Town's Vision, Comprehensive Master Plan, applicable sub-area plans, adopted criteria manuals and guidelines and other master plans.
3.
Compatible with existing and planned development on adjacent properties and in the surrounding area or neighborhood, and proposed mitigation measures.
4.
Impacts upon the natural environment, including air, water, noise, stormwater management, wildlife and vegetation, and proposed mitigation measures.
5.
Whether the property will have access to current or planned services and infrastructure adequate to support the orderly development of the property.
6.
Positive economic impact potential from development of the property.
(Ord. No. 2019-028, § 1, 9-17-2019)
Any Rezoning initiated by the Town shall require compliance with Subsections 17.02.060.B. and 17.02.060.C. and the Manager shall be considered the applicant.
(Ord. No. 2019-028, § 1, 9-17-2019)