Clarkdale City Zoning Code
CHAPTER 13
ENFORCEMENT, AMENDMENTS, AND PENALTIES
Section 13-010 Enforcement
A. Building Permits. No structure shall be erected, added to, or structurally altered, until a permit therefore has been issued by the Building Official, as required by the Building Code of the Town of Clarkdale. All applications for such permits shall be in accordance with the requirements of this Ordinance.
B. Certificates of Occupancy, Non-Conforming Use:
1. No existing use of land, on the date this Ordinance becomes effective, shall be modified and no structure hereafter erected, altered or extended, shall be used or changed in use, until a Certificate of Occupancy shall have been issued by the Building Official certifying that the land and the structure or proposed use thereof complies with the provisions of this Ordnance.
2. No non-conforming use shall be maintained, renewed, changed, or extended without a Certificate of Occupancy having first been issued by the Building Official, therefore.
3. All Certificates of Occupancy shall be applied for coincident with the application for a building permit. Said certificate shall be issued within fifteen (15) days after the erection or alteration shall have been approved.
4. The Building Official shall maintain a record of all certificates. Copies shall be furnished, upon request and payment of a reasonable fee, to any person having a proprietary or tenancy interest in the structure or land affected.
5. No permit for excavation, erection, alteration, or repair for any structure shall be issued until an application has been made for a Certificate of Occupancy.
6. Under such conditions as set by the Board of Adjustment a temporary Certificate of Occupancy for not more than thirty (30) days for structures or land may be issued.
7. All appropriate certificates of use shall be issued for those uses in existence at the time this Ordinance was adopted or at the time any new use is established under this Ordinance.
C. Board of Adjustment: The Board of Adjustment shall have all the duties and powers as stated in Article 17-2-2 of the Town Code. (Prior code § 13-1)
Section 13-020 Procedure for Amendments
A. Purpose
The Council may, from time to time as public necessity, convenience, general welfare and good zoning practices requires, change the boundaries of zone districts, hereinafter referred to as zone changes or re-zoning or amend, change, repeal or supplement the regulations herein established. Zone changes or amendments may be initiated by the Town Council or by the Planning Commission on its own motion or by an application of the owner of any property within the area proposed to be changed or a request can be made by a citizen for an amendment.
B. General Plan Conformance. All amendments which change the boundaries of any zoning district or change the text of the Zoning Ordinance must conform to the adopted General Plan of the Town of Clarkdale. Any re-zoning ordinance, if adopted, shall further the implementation of, and not be contrary to, the goals, policies, and applicable elements of the General Plan. A re-zoning conforms with the land use element of the General Plan if it proposes land uses, densities, or intensities within the range for the subject property as stated in the General Plan or any amendment thereto.
C. Application (Revised by Ordinance No. 366 on 3/10/15; Effective 4/10/15)
Application for change of zone shall be made on a form provided by the Town of Clarkdale. Fees shall be paid for such application according to the adopted schedule for such requests. All applications will be available for public inspection upon submittal to the Community Development Department.
The following information shall be included with all applications for a zone change amendment:
1. A detailed description of the proposed development plan for which the zone change is being requested including a specific schedule for proposed improvements. (A.R.S. 9-462.01.12.E). The development plan shall include a statement of intended use and a general layout of the property including proposed building placement, parking lot design and access.
2. A draft site plan showing proposed building layout, parking and all proposed construction or modifications to an existing structure. Site plan shall include notation for any proposed dedication of public rights-of-way or drainage areas.
3. A narrative of how the requested zone change complies with the Clarkdale General Plan. (A.R.S. 9-462-01-12.F)
4. Completed application.
5. Legal description of the property.
6. Copy of property title or statement of letter of authorization from the property owner.
7. Proposed citizen participation plan to ensure the applicant pursues early and effective participation from the community regarding the proposed zoning amendment. This plan shall be implemented prior to the first public hearing. A summary of the neighborhood input shall be presented by the applicant to the Planning Commission.
8. The application shall be accompanied by maps showing the subject property as well as the surrounding area and a list of names and addresses of abutting property owners.
Town initiated zone changes and zone change applications originating from a transfer of development rights application shall be exempt from the requirement of providing a specific development schedule.
9. The Community Development Director shall determine whether the application is administratively complete within thirty (30) days of submittal.
a. If the application is not administratively complete, the Town shall follow the procedures set forth in A.R.S. 9-835(e) until the application is administratively complete.
b. The Community Development Director shall determine whether a resubmitted application is complete within fifteen (15) days after receiving the resubmitted application.
c. After determining that the application is administratively complete, the Town shall approve or deny the application within one hundred eighty (180) days.
d. Notwithstanding subsection (C)(9)(c) of this section, the Town may extend the timeline for approval or denial of the application beyond one hundred eighty (180) days for either of the following reasons:
i. For extenuating circumstances, the Town may grant a one (1) time extension of no more than thirty (30) days.
ii. If an applicant requests an extension, the Town may grant extensions of thirty (30) days each for each extension granted.
e. This section does not apply to land that is designated as a district of historical significance pursuant to A.R.S. 9-462.01(a)(10) or an area that is designated as historic on the National Register of Historic Places or planned area developments.
D. Citizen Participation.
1. The legislative body of the Town of Clarkdale has adopted the following citizen review and participation process that applies to all re-zoning cases. By law and policy the re-zoning process is designed to give the greatest opportunity possible for citizen participation in such a public process. In the event of doubt regarding public participation, more, not less public participation, shall be the standard.
The purpose of the citizen participation process is to:
a. Ensure that applicants pursue early and effective citizen participation in conjunction with their application, giving them the opportunity to understand and try to mitigate any real or perceived impacts their application may have on the community;
b. Ensure that the citizens and property owners of Clarkdale have an adequate opportunity to learn about the applications that may affect them and to work with applicants to resolve concerns at an early stage of the process; and
c. Facilitate ongoing communications between the applicant, interested citizens and property owners, Town staff, and elected officials throughout the application review process.
2. The citizen participation plan is not intended to produce complete consensus on all applications but to encourage applicants to be good neighbors and to allow for informed decision making.
The process includes the following elements:
a. A minimum of one (1) public hearing will be held on all rezoning cases and proposed text amendments. The first hearing will be before the Planning Commission. A second public hearing will be before the Mayor and Council if the owners of twenty percent (20%) or more either of the area of the lots included in a proposed change, or of those immediately adjacent in the rear and/or side thereof extending one hundred fifty (150) feet therefrom, excluding government-owned property, or of those directly opposite thereto extending one hundred fifty (150) feet from the street frontage of the opposite lots, excluding government-owned property, file a protest in writing against a proposed amendment, it shall not become effective except by the favorable vote or three-fourths (3/4) of all members of the Council. The written protest shall be filed with the Clarkdale Town Clerk no later than ten (10) working days after the Planning Commission’s decision on the amendment. If no written protest is filed, the amendment will be presented to the Town Council at a public meeting with opportunity for public comment.
b. The Town shall notify all affected property owners within three hundred (300) feet of the subject site by first class mail no less than fifteen (15) days prior to the public hearing date.
c. The notification above shall include date, time, and place for the public hearing as well as a description of the proposed change in land uses. A map of the site shall be included in the notification.
d. Reference shall be made as to where comments can be made concerning the proposed zone change and when such comments are due prior to the public hearing.
e. The affected property shall be posted fifteen (15) days in advance of the public hearing date so that the following are visible from a distance of one hundred (100) feet; the word “zoning”, the present zoning district classification, the proposed zoning district classification and the date and time of the hearing.
f. A notice shall be published at least once in a newspaper of general circulation at least fifteen (15) days in advance of the public hearing.
g. In addition to notice by publication, mailed notices, and property postings, the Town of Clarkdale and the Planning and Zoning Commission reserve the right to give notice to the hearing in such other manner as it may be deemed necessary. The Commission always encourages any person proposing a re-zoning to contact surrounding property owners to ascertain and possibly address issues and concerns before the public hearings. Such contacts could include neighborhood meetings or other methods of addressing citizen comments.
E. Public Hearings Required
1. The Planning and Zoning Commission shall hold a public hearing on any re-zoning case. Notice of the time and place of the hearing including a general explanation of the matter to be considered and a general description of the area affected shall be given at least fifteen (15) days before the hearing in the following manner:
a. The notice shall be published at least once in a newspaper of general circulation.
b. In proceedings involving re-zoning of land which abuts other municipalities or unincorporated areas of the county or a combination thereof, copies of the notice of public hearing shall be transmitted to the planning agency or such governmental unit abutting such land.
c. In proceedings that are not initiated by the property owner involving re-zoning of land which may change the zoning classification, notice by first class mail shall be sent to each real property owner, as shown on the last assessment of the property, of the area to be re-zoned and all property owners, as shown on the last assessment of the property, within three hundred (300) feet of the property to be re-zoned.
d. In proceedings involving one or more of the following proposed changes or related series of changes in the standards governing Land uses, notice shall be provided in the manner prescribed by Sub-Section e.
1. A ten percent (10%) or more increase or decrease in the number of square feet or units that may be developed.
2. A ten percent (10%) or more increase or reduction in the allowable height of buildings.
3. An increase or reduction in the allowable number of stories of buildings.
4. A ten percent (10%) or more increase or decrease in setback or open space requirements.
5. An increase or reduction in permitted uses.
e. In proceedings governed by Sub-Section d of this section, the Town shall provide notice to real property owners pursuant to at least one (1) of the following notification procedures:
1. Notice shall be sent by first class mail to each real property owner, as shown on the last assessment, whose real property is directly governed by the changes.
2. If the Town issues utility bills or other mass mailings that periodically include notices or other informational or advertising materials, the Town shall include notice of such changes with such utility bills or other mailings.
3. The Town shall publish such changes prior to the first hearing on such changes in a newspaper of general circulation. The changes shall be published in a “display ad” covering not less than one-eighth (1/8) of a full page.
f. If notice is provided pursuant to (2) or (3) of sub-section “e” above, the Town shall also send notice by first class mail to persons who register their names and addresses with the Town as being interested in receiving such notice.
g. Notwithstanding the notice requirements set forth above, the Town may give notice of the hearing in such other manner as it may deem necessary or desirable.
F. Procedure for Amendments - Recommendation of the Commission
(Revised by Ordinance 366 on 3/10/15; effective 4/10/15)
The Planning Commission may consider the following when reviewing a zone change amendment request:
1. The amendment conforms to the Clarkdale General Plan, specifically the Land Use Element.
2. The amendment conforms to a Focus Area plan, if applicable.
3. The proposed development provides buffering to adjacent land uses.
4. The proposed development mitigates traffic impact.
5. The proposed development mitigates noise impact to surrounding properties.
6. The proposed development will conform to all existing zoning regulations, including the Outdoor Lighting Code and Landscape Design Standards.
7. The proposal provides community benefits such as:
a. Pedestrian connections
b. Vehicular connections
c. Improvement to public right-of-way
d. Installation of utility infrastructure
e. Improvement of public space
f. Protection of open spaces
8. Funding and installation of all required improvements as specified by the Town shall be the responsibility of the applicant.
After a public hearing, the Commission shall make a report and recommendation to the Town Council. This report shall be made by forwarding the application for amendment with the appropriate recommendations, unless the applicant shall request the application be withdrawn. The Commission recommendation shall be presented to the Council by the Community Development Department Staff in a public meeting.
G. If the owners of twenty percent (20%) or more of the property by area and number of lots, tracts and condominium units within the zoning area of the affected property, excluding government-owned property, file a protest in writing against a proposed amendment, the change shall not become effective except by the favorable vote of three-fourths (3/4) of all members of the governing body of the municipality. If any members of the governing body are unable to vote on such a question because of a conflict of interest, then the required number of votes for passage of the question shall be three-fourths (3/4) of the remaining membership of the governing body, if such required number of votes is not less than a majority of the full membership of the legally established governing body. For the purposes of this subsection, the vote shall be rounded to the nearest whole number. A protest filed pursuant to this subsection shall be signed by the property owners, excluding government-owned property, opposing the proposed amendment and filed in the office of the clerk of the municipality not later than noon one (1) business day before the date on which the governing body will vote on the proposed amendment or on an earlier time and date established by the governing body.
H. Council’s Decision. A decision by the Town Council involving re-zoning of land which is not owned by the Town and which changes the zoning classification of such land may not be enacted as an emergency measure and such change shall not be enacted as an emergency measure and such change shall not be effective for at least thirty (30) days after final approval of the change in classification by the Council. (Revised by Ordinance #437 on 12/10/24; effective 1/10/25; prior code § 13-2)
Section 13-030 Penalties
(Revised 10/25/16; Resolution 1529; Ordinance 376; Effective 10/26/16)
Any violation of this Ordinance shall be punishable under Article 1-8 of the Town Code; any civil sanction for a violation (as this term is defined by the Town Code) of this Ordinance shall not exceed three hundred dollars ($300) and any penalty of imprisonment for a violation of this Ordinance shall not exceed ninety (90) days. (Prior code § 13-3)
Section 13-040 Separability
If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions hereof. (Prior code § 13-4)
Section 13-050 Repeal
All Ordinances or part of Ordinances in conflict with provisions of this Ordinance are hereby repealed. (Prior code § 13-5)
Section 13-010 Enforcement
A. Building Permits. No structure shall be erected, added to, or structurally altered, until a permit therefore has been issued by the Building Official, as required by the Building Code of the Town of Clarkdale. All applications for such permits shall be in accordance with the requirements of this Ordinance.
B. Certificates of Occupancy, Non-Conforming Use:
1. No existing use of land, on the date this Ordinance becomes effective, shall be modified and no structure hereafter erected, altered or extended, shall be used or changed in use, until a Certificate of Occupancy shall have been issued by the Building Official certifying that the land and the structure or proposed use thereof complies with the provisions of this Ordnance.
2. No non-conforming use shall be maintained, renewed, changed, or extended without a Certificate of Occupancy having first been issued by the Building Official, therefore.
3. All Certificates of Occupancy shall be applied for coincident with the application for a building permit. Said certificate shall be issued within fifteen (15) days after the erection or alteration shall have been approved.
4. The Building Official shall maintain a record of all certificates. Copies shall be furnished, upon request and payment of a reasonable fee, to any person having a proprietary or tenancy interest in the structure or land affected.
5. No permit for excavation, erection, alteration, or repair for any structure shall be issued until an application has been made for a Certificate of Occupancy.
6. Under such conditions as set by the Board of Adjustment a temporary Certificate of Occupancy for not more than thirty (30) days for structures or land may be issued.
7. All appropriate certificates of use shall be issued for those uses in existence at the time this Ordinance was adopted or at the time any new use is established under this Ordinance.
C. Board of Adjustment: The Board of Adjustment shall have all the duties and powers as stated in Article 17-2-2 of the Town Code. (Prior code § 13-1)
Section 13-020 Procedure for Amendments
A. Purpose
The Council may, from time to time as public necessity, convenience, general welfare and good zoning practices requires, change the boundaries of zone districts, hereinafter referred to as zone changes or re-zoning or amend, change, repeal or supplement the regulations herein established. Zone changes or amendments may be initiated by the Town Council or by the Planning Commission on its own motion or by an application of the owner of any property within the area proposed to be changed or a request can be made by a citizen for an amendment.
B. General Plan Conformance. All amendments which change the boundaries of any zoning district or change the text of the Zoning Ordinance must conform to the adopted General Plan of the Town of Clarkdale. Any re-zoning ordinance, if adopted, shall further the implementation of, and not be contrary to, the goals, policies, and applicable elements of the General Plan. A re-zoning conforms with the land use element of the General Plan if it proposes land uses, densities, or intensities within the range for the subject property as stated in the General Plan or any amendment thereto.
C. Application (Revised by Ordinance No. 366 on 3/10/15; Effective 4/10/15)
Application for change of zone shall be made on a form provided by the Town of Clarkdale. Fees shall be paid for such application according to the adopted schedule for such requests. All applications will be available for public inspection upon submittal to the Community Development Department.
The following information shall be included with all applications for a zone change amendment:
1. A detailed description of the proposed development plan for which the zone change is being requested including a specific schedule for proposed improvements. (A.R.S. 9-462.01.12.E). The development plan shall include a statement of intended use and a general layout of the property including proposed building placement, parking lot design and access.
2. A draft site plan showing proposed building layout, parking and all proposed construction or modifications to an existing structure. Site plan shall include notation for any proposed dedication of public rights-of-way or drainage areas.
3. A narrative of how the requested zone change complies with the Clarkdale General Plan. (A.R.S. 9-462-01-12.F)
4. Completed application.
5. Legal description of the property.
6. Copy of property title or statement of letter of authorization from the property owner.
7. Proposed citizen participation plan to ensure the applicant pursues early and effective participation from the community regarding the proposed zoning amendment. This plan shall be implemented prior to the first public hearing. A summary of the neighborhood input shall be presented by the applicant to the Planning Commission.
8. The application shall be accompanied by maps showing the subject property as well as the surrounding area and a list of names and addresses of abutting property owners.
Town initiated zone changes and zone change applications originating from a transfer of development rights application shall be exempt from the requirement of providing a specific development schedule.
9. The Community Development Director shall determine whether the application is administratively complete within thirty (30) days of submittal.
a. If the application is not administratively complete, the Town shall follow the procedures set forth in A.R.S. 9-835(e) until the application is administratively complete.
b. The Community Development Director shall determine whether a resubmitted application is complete within fifteen (15) days after receiving the resubmitted application.
c. After determining that the application is administratively complete, the Town shall approve or deny the application within one hundred eighty (180) days.
d. Notwithstanding subsection (C)(9)(c) of this section, the Town may extend the timeline for approval or denial of the application beyond one hundred eighty (180) days for either of the following reasons:
i. For extenuating circumstances, the Town may grant a one (1) time extension of no more than thirty (30) days.
ii. If an applicant requests an extension, the Town may grant extensions of thirty (30) days each for each extension granted.
e. This section does not apply to land that is designated as a district of historical significance pursuant to A.R.S. 9-462.01(a)(10) or an area that is designated as historic on the National Register of Historic Places or planned area developments.
D. Citizen Participation.
1. The legislative body of the Town of Clarkdale has adopted the following citizen review and participation process that applies to all re-zoning cases. By law and policy the re-zoning process is designed to give the greatest opportunity possible for citizen participation in such a public process. In the event of doubt regarding public participation, more, not less public participation, shall be the standard.
The purpose of the citizen participation process is to:
a. Ensure that applicants pursue early and effective citizen participation in conjunction with their application, giving them the opportunity to understand and try to mitigate any real or perceived impacts their application may have on the community;
b. Ensure that the citizens and property owners of Clarkdale have an adequate opportunity to learn about the applications that may affect them and to work with applicants to resolve concerns at an early stage of the process; and
c. Facilitate ongoing communications between the applicant, interested citizens and property owners, Town staff, and elected officials throughout the application review process.
2. The citizen participation plan is not intended to produce complete consensus on all applications but to encourage applicants to be good neighbors and to allow for informed decision making.
The process includes the following elements:
a. A minimum of one (1) public hearing will be held on all rezoning cases and proposed text amendments. The first hearing will be before the Planning Commission. A second public hearing will be before the Mayor and Council if the owners of twenty percent (20%) or more either of the area of the lots included in a proposed change, or of those immediately adjacent in the rear and/or side thereof extending one hundred fifty (150) feet therefrom, excluding government-owned property, or of those directly opposite thereto extending one hundred fifty (150) feet from the street frontage of the opposite lots, excluding government-owned property, file a protest in writing against a proposed amendment, it shall not become effective except by the favorable vote or three-fourths (3/4) of all members of the Council. The written protest shall be filed with the Clarkdale Town Clerk no later than ten (10) working days after the Planning Commission’s decision on the amendment. If no written protest is filed, the amendment will be presented to the Town Council at a public meeting with opportunity for public comment.
b. The Town shall notify all affected property owners within three hundred (300) feet of the subject site by first class mail no less than fifteen (15) days prior to the public hearing date.
c. The notification above shall include date, time, and place for the public hearing as well as a description of the proposed change in land uses. A map of the site shall be included in the notification.
d. Reference shall be made as to where comments can be made concerning the proposed zone change and when such comments are due prior to the public hearing.
e. The affected property shall be posted fifteen (15) days in advance of the public hearing date so that the following are visible from a distance of one hundred (100) feet; the word “zoning”, the present zoning district classification, the proposed zoning district classification and the date and time of the hearing.
f. A notice shall be published at least once in a newspaper of general circulation at least fifteen (15) days in advance of the public hearing.
g. In addition to notice by publication, mailed notices, and property postings, the Town of Clarkdale and the Planning and Zoning Commission reserve the right to give notice to the hearing in such other manner as it may be deemed necessary. The Commission always encourages any person proposing a re-zoning to contact surrounding property owners to ascertain and possibly address issues and concerns before the public hearings. Such contacts could include neighborhood meetings or other methods of addressing citizen comments.
E. Public Hearings Required
1. The Planning and Zoning Commission shall hold a public hearing on any re-zoning case. Notice of the time and place of the hearing including a general explanation of the matter to be considered and a general description of the area affected shall be given at least fifteen (15) days before the hearing in the following manner:
a. The notice shall be published at least once in a newspaper of general circulation.
b. In proceedings involving re-zoning of land which abuts other municipalities or unincorporated areas of the county or a combination thereof, copies of the notice of public hearing shall be transmitted to the planning agency or such governmental unit abutting such land.
c. In proceedings that are not initiated by the property owner involving re-zoning of land which may change the zoning classification, notice by first class mail shall be sent to each real property owner, as shown on the last assessment of the property, of the area to be re-zoned and all property owners, as shown on the last assessment of the property, within three hundred (300) feet of the property to be re-zoned.
d. In proceedings involving one or more of the following proposed changes or related series of changes in the standards governing Land uses, notice shall be provided in the manner prescribed by Sub-Section e.
1. A ten percent (10%) or more increase or decrease in the number of square feet or units that may be developed.
2. A ten percent (10%) or more increase or reduction in the allowable height of buildings.
3. An increase or reduction in the allowable number of stories of buildings.
4. A ten percent (10%) or more increase or decrease in setback or open space requirements.
5. An increase or reduction in permitted uses.
e. In proceedings governed by Sub-Section d of this section, the Town shall provide notice to real property owners pursuant to at least one (1) of the following notification procedures:
1. Notice shall be sent by first class mail to each real property owner, as shown on the last assessment, whose real property is directly governed by the changes.
2. If the Town issues utility bills or other mass mailings that periodically include notices or other informational or advertising materials, the Town shall include notice of such changes with such utility bills or other mailings.
3. The Town shall publish such changes prior to the first hearing on such changes in a newspaper of general circulation. The changes shall be published in a “display ad” covering not less than one-eighth (1/8) of a full page.
f. If notice is provided pursuant to (2) or (3) of sub-section “e” above, the Town shall also send notice by first class mail to persons who register their names and addresses with the Town as being interested in receiving such notice.
g. Notwithstanding the notice requirements set forth above, the Town may give notice of the hearing in such other manner as it may deem necessary or desirable.
F. Procedure for Amendments - Recommendation of the Commission
(Revised by Ordinance 366 on 3/10/15; effective 4/10/15)
The Planning Commission may consider the following when reviewing a zone change amendment request:
1. The amendment conforms to the Clarkdale General Plan, specifically the Land Use Element.
2. The amendment conforms to a Focus Area plan, if applicable.
3. The proposed development provides buffering to adjacent land uses.
4. The proposed development mitigates traffic impact.
5. The proposed development mitigates noise impact to surrounding properties.
6. The proposed development will conform to all existing zoning regulations, including the Outdoor Lighting Code and Landscape Design Standards.
7. The proposal provides community benefits such as:
a. Pedestrian connections
b. Vehicular connections
c. Improvement to public right-of-way
d. Installation of utility infrastructure
e. Improvement of public space
f. Protection of open spaces
8. Funding and installation of all required improvements as specified by the Town shall be the responsibility of the applicant.
After a public hearing, the Commission shall make a report and recommendation to the Town Council. This report shall be made by forwarding the application for amendment with the appropriate recommendations, unless the applicant shall request the application be withdrawn. The Commission recommendation shall be presented to the Council by the Community Development Department Staff in a public meeting.
G. If the owners of twenty percent (20%) or more of the property by area and number of lots, tracts and condominium units within the zoning area of the affected property, excluding government-owned property, file a protest in writing against a proposed amendment, the change shall not become effective except by the favorable vote of three-fourths (3/4) of all members of the governing body of the municipality. If any members of the governing body are unable to vote on such a question because of a conflict of interest, then the required number of votes for passage of the question shall be three-fourths (3/4) of the remaining membership of the governing body, if such required number of votes is not less than a majority of the full membership of the legally established governing body. For the purposes of this subsection, the vote shall be rounded to the nearest whole number. A protest filed pursuant to this subsection shall be signed by the property owners, excluding government-owned property, opposing the proposed amendment and filed in the office of the clerk of the municipality not later than noon one (1) business day before the date on which the governing body will vote on the proposed amendment or on an earlier time and date established by the governing body.
H. Council’s Decision. A decision by the Town Council involving re-zoning of land which is not owned by the Town and which changes the zoning classification of such land may not be enacted as an emergency measure and such change shall not be enacted as an emergency measure and such change shall not be effective for at least thirty (30) days after final approval of the change in classification by the Council. (Revised by Ordinance #437 on 12/10/24; effective 1/10/25; prior code § 13-2)
Section 13-030 Penalties
(Revised 10/25/16; Resolution 1529; Ordinance 376; Effective 10/26/16)
Any violation of this Ordinance shall be punishable under Article 1-8 of the Town Code; any civil sanction for a violation (as this term is defined by the Town Code) of this Ordinance shall not exceed three hundred dollars ($300) and any penalty of imprisonment for a violation of this Ordinance shall not exceed ninety (90) days. (Prior code § 13-3)
Section 13-040 Separability
If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions hereof. (Prior code § 13-4)
Section 13-050 Repeal
All Ordinances or part of Ordinances in conflict with provisions of this Ordinance are hereby repealed. (Prior code § 13-5)