This chapter, including the official zoning map, may be amended from time to time by the town council as specified in this article, but no amendment shall become effective unless it shall have been proposed by or shall first have been submitted to the planning commission for review and recommendation. The planning commission shall have 30 days within which to submit its report. If the planning commission fails to submit a report within the 30-day period, it shall be deemed to have approved the proposed amendment.

(Ord. of 6-11-81, § 1000; Ord. No. 2015-09, § 3(Exh. C), 5-14-15)

When the public necessity, convenience, general welfare, or good zoning practice justify such action, and after the required review and report by the planning commission, the town council may undertake the necessary steps to amend this chapter.

(Ord. of 6-11-81, § 1001; Ord. No. 2015-09, § 3(Exh. C), 5-14-15)

Requests to amend this chapter shall be processed in accordance with the following requirements:

(1)

Initiation of amendments. A proposed amendment to this chapter may be initiated by the town council, the planning commission or by application filed with the building code administrator by the owners of the property proposed to be changed, provided, however, that action shall not be initiated for a zoning amendment affecting the same parcel or parcels of property or any part thereof, and requesting the same change in district classification by a property owner or owners of more often than once every 12 months.

(2)

Application procedure. Application forms for amendment requests shall be obtained from the building code administrator. The application form shall, in addition to other pertinent information, require the applicant to state in detail the nature of his or her interest in the property sought to be rezoned. Completed forms, together with an application fee to cover administrative costs; plus any additional information the applicant feels to be pertinent, will be filed with the building code administrator. Any communication purporting to be an application for an amendment shall be regarded as a mere notice to seek relief until it is made in the form required. Application for amendments must be submitted in proper form at least two weeks prior to a planning commission meeting in order to be heard at that meeting. Application fees shall be forwarded by the building code administrator to the mayor, who shall supervise the application of same to the costs of advertising and other administrative expenses.

(3)

Hearing by the planning commission.

a.

All papers and other data submitted by the applicant on behalf of the amendment request shall be transmitted to the planning commission.

b.

The planning commission, at regular meetings, shall review and prepare a report, including its recommendation, for transmittal to the town council.

c.

All meetings of the planning commission shall be open to the public. At a meeting, any party may appear in person, or by agent, or by an attorney.

d.

No member of the planning commission shall participate in a matter in which he has any pecuniary or special interest.

e.

Following action by the planning commission, all papers and data pertinent to the application shall be transmitted to the town council for final action.

(4)

Public hearing by town council.

a.

Before enacting an amendment to this chapter, the town council shall hold a public hearing thereon. Notice of the time and place of the public hearing shall be given by publication in a newspaper of general circulation in the town at least 15 days before the date of the hearing.

b.

In addition, if the proposed amendment is an amendment in the zoning district boundaries depicted on the official zoning map, notice of the time and place of the public hearing shall be given as follows:

1.

Each lot or tract to which the proposed rezoning ordinance applies shall be posted with a notice of the proposed change and the date, time and place of the public hearing. The notice shall be on a form approved by the building inspector and shall be no smaller than 8½ inches by 11 inches, shall be properly shielded from the natural elements and shall be posted on the premises at such place as shall gain the maximum exposure to the public;

2.

Each owner of a lot or tract falling within the block or blocks on which any change in the zoning map is proposed and each owner of a lot or tract in any block which is separated from the block or blocks in which the change is proposed by a road or a road right-of-way shall be given notice of the date, time and place of the public hearing. For purpose of this provision, notice shall be deemed given when the town administrator has deposited a copy of such notice in the United States mail, postage paid, and addressed to the owner at the address which is the most current address in the records of the town; and

3.

The town administrator shall give notice of the proposed action, and the date, time and place of the public hearing in the town's website published next ensuring the date of hearing.

(5)

Changes in the zoning map. Following final action by the town council, any necessary changes shall be made in the zoning map by the town administrator or his/her designee. A written record of the type and date of such change shall be maintained by the town administrator or his/her designee.

(Ord. of 7-9-87, § 1; Ord. of 3-9-89, § 1; Ord. No. 2015-09, § 3(Exh. C), 5-14-15; Ord. No. 2019-18, 10-10-19)