This Chapter may be amended, supplemented, changed, modified or repealed by the Town Council in accordance with the procedures set forth hereafter.

(Prior code 15-2-27)

Any person or group of persons, the Board of Zoning and Architectural Review or the Town Council may initiate such procedure. When initiated by any person, such requests shall be accompanied by a nonrefundable filing fee as established by resolution of the Town Council, together with an additional amount as established by resolution of the Town Council to cover administrative costs, including costs of publication.

(Prior code 15-2-27; Ord. 4 §1, 2009)

(a)

Any application for an amendment, supplement, change, modification or repeal of this Chapter by any person or the Board to the Town Council shall contain the following information:

(1)

A legal description of any land to be rezoned, together with a diagram drawn to scale showing the boundaries of the area requested to be rezoned;

(2)

A statement of the present zoning and the requested new zoning;

(3)

A statement of justification for such action, including facts concerning any change of conditions, an error in the original zoning or the unusual or peculiar suitability of a lot to a certain use;

(4)

A description of the land and uses thereof within two hundred (200) feet of the boundary lines of the proposed area of change, in all directions; and

(5)

A statement as to the effect that the new zoning or changes would have on adjacent areas or uses.

(b)

Any application to create or amend the zoning of a parcel of land containing more than fifty thousand (50,000) square feet of land shall be subject to the requirements set forth in Chapter 17 of this Code and reviewed for approval as a subdivision under said regulations.

(Prior code 15-2-27; Ord. 33 §4, 1995; Ord. 4 §1, 2009)

Upon any application for a proposed amendment, supplement, change, modification or repeal of any part of this Chapter being presented to the Town Council, the Town Council shall consider the same at any regular or special meeting. Upon such consideration, the Town Council may, by majority vote, refuse to further consider the proposed amendment, supplement, change, modification or repeal. If the Town Council votes to further consider the proposal, it shall be referred to the Board of Zoning and Architectural Review, for its study and recommendation. If such referral is made, the Board shall submit its recommendations thereon to the Town Council within forty-five (45) days after receipt of the referral.

(Prior code 15-2-27; Ord. 4 §1, 2009)

(a)

Notwithstanding any other provision of this Article, any application for the following shall be required to comply with the requirements for preservation of open lands in accordance with Section Chapter 17, Article 9 of this Code and to otherwise conform and comply with the provisions of Chapter 17:

(1)

An application to zone lands within the Town which are not zoned and for which zoning for a nonagricultural or nonpublic use is requested; and

(2)

An application to rezone lands within the Town if the new zoning will allow a higher density of residential units. In such cases, the applicant must state the maximum number of residential units which will be built on the rezoned lands, and the determination of whether a higher residential density will result will be made by comparing the potential maximum number of residential units which will be built on the rezoned lands.

(b)

This Section shall not apply to the zoning or rezoning of property where the rezoning would be exclusively to permit or provide for affordable or other special housing needs, school sites or public facilities, as determined by the Town, or publicly owned property where the rezoning would permit or provide for such uses.

(c)

Any requirements mandated by this Section shall be determined only in reference to the additional units allowed.

(Prior code 15-2-27; Ord. 6 §2, 1996; Ord. 4 §1, 2009)

The Town Council shall hold a public hearing on the proposed amendment, supplement, change, modification or repeal of all or part of this Chapter. Said hearing shall be held after the Town Council receives the recommendation, if requested, of the Board. Notice of the time, place and purpose of the public hearing shall be published in the official Town newspaper at least ten (10) days prior to the date set for the public hearing. The Building Inspector shall cause notices of the proposed zoning change to be posted on the subject property, or representative parcels if the proposed change will affect a zone district or the Town at large.

(Prior code 15-2-27; Ord. 4 §1, 2009)

If the Town Clerk is presented with a petition not less than ten (10) days before the public hearing on any proposed amendment, supplement, change, modification or repeal, signed by twenty percent (20%) or more of the property owners, either of the area of the lots included in such proposal, or of those in any zone immediately adjacent to the area included in such proposal extending one hundred (100) feet outside the affected area under discussion in any direction; THEN the Town Council must pass such proposal by the affirmative vote of five (5) members of the Town Council; however, in the event that two (2) or more members of the Town Council are disqualified from voting due to substantial personal or financial interest, an ordinance, resolution or motion made pursuant to this Section shall require the affirmative vote of four (4) members of the Town Council for final passage.

(Prior code 15-2-27; Ord. 4 §1, 2009)

Any amendment, supplement, change, modification or repeal of any part of this Chapter shall be recorded, when applicable, on the Official Zoning Map.

(Prior code 15-2-27)

(a)

No application for initial zoning or rezoning shall be approved unless it is demonstrated to the Town Council that:

(1)

The proposed zoning classification promotes the health, safety and welfare of the inhabitants of the Town and promotes the purposes of this Code.

(2)

At least one (1) of the following factors exists:

a.

The proposed zoning classification is consistent with the goals and policies of the Town's Land Use Plan;

b.

There has been a substantial and material change in the character of the neighborhood or in the Town generally such that the proposed rezoning would be in the public interest and would be consistent with the change in character; or

c.

The property to be rezoned was previously zoned in error.

(3)

Each of the following criteria is satisfied:

a.

The proposed use of the rezoned or zoned property is compatible with the surrounding uses; or

b.

In the case of proposed redevelopment of property, the proposal for the use of the rezoned or zoned property is an improvement to the neighborhood and to the Town.

(b)

The requirements of Subparagraph (a)(2)b. above shall not apply to any initial zoning of property that is either within or annexed to the Town.

(c)

The Town Council may impose reasonable conditions upon the future use of the rezoned or zoned property to ensure conformance with the standards of this Article.

(Prior code 15-2-27; Ord. 39 §3, 1995; Ord. 4 §1, 2009)