(a)

Intent.

(1)

The purpose of this Section is to establish the procedure and requirements for requested amendments to this Chapter or the Official Zoning Map.

(2)

Any amendments to this Chapter proposed by a property owner, Town staff, the Planning Commission or the Board of Trustees shall be processed according to the procedures and requirements of Subsection (f) below.

(3)

Any amendments to the Official Zoning Map (Rezoning) shall be processed according to the procedures and requirements of Subsections (b) through (d) below.

(b)

Procedure for Zoning Map amendment (rezoning).

(1)

Pre-application meeting. The applicant and the Community Development Director shall have a pre-application meeting prior to application submittal. The Community Development Director shall outline any major areas of concern, explain any applications required, and outline the process timeline at the meeting. The Community Development Director may waive the pre-application meeting requirement upon the applicant demonstrating that the proposed rezoning will not result in any significant impacts.

(2)

Neighborhood meeting. The applicant shall host a neighborhood meeting prior to application submittal. The Community Development Director shall notify properties within a five hundred (500) foot radius of the property by sending mailed notice at least fifteen (15) calendar days prior to the meeting. At the meeting, the Applicant shall present the proposed development and receive feedback from neighbors. A written summary of the neighborhood meeting shall be prepared by the Community Development Director and included in the staff report to the applicable decision-making body. The Community Development Director may waive the neighborhood meeting requirement upon the applicant demonstrating that the proposed rezoning will not result in any significant impacts.

(3)

Submittal of rezoning application. The applicant will submit to the Community Development Department the materials necessary for the rezoning request to be heard by the Planning Commission. The Community Development Department shall have ten (10) days to review the submittal for completeness.

(4)

The Community Development Department will send the application out for referrals to various agencies for comment. These agencies will have twenty-five (25) days to respond.

(5)

A hearing is scheduled before the Planning Commission, and a fifteen-day public notice is required as outlined in Subsections 16-4-30(b) through (d) of this Chapter.

(6)

Planning Commission hearings. The Planning Commission shall conduct a public hearing for the purpose of providing a recommendation to the Board of Trustees on the rezoning issue. The Planning Commission may take any action as outlined in this Chapter. Scheduling of the hearing will depend on other development applications to be heard by the Planning Commission.

(7)

Board of Trustees hearings. The Board of Trustees shall conduct a public hearing to consider the rezoning. Notice of the hearing shall be given as provided in Article IV of this Chapter. The Board of Trustees, at the public hearing and after review and discussion of the proposal, shall make one (1) of the following actions:

a.

Approval of the request, without conditions.

b.

Conditional approval of the request, indicating for the record what conditions shall be attached to the proposal.

c.

Denial of the request, indicating for the record the reasons for the recommendation of denial.

d.

With the consent of the applicant, continue the request until the next available meeting in order to obtain more information to help clarify or support the request before it.

If the Board of Trustees decides to rezone the property, the Board of Trustees shall adopt an ordinance rezoning the property. To this ordinance will be attached the development plan and guide, if planned development zoning is proposed.

(8)

Submittal requirements.

a.

The applicant shall submit the following information to the Community Development Department. Additional information may be requested after the formal application is received:

1.

A completed development application form and appropriate rezoning fees.

2.

A narrative outlining the proposal.

3.

A copy of the recorded warranty deed and title commitment current within thirty (30) days.

4.

An alphabetical list of all property owners within five hundred (500) feet of the affected property.

5.

Twenty-five (25) copies of the rezoning map, including a written legal description (folded to 9" x 12") and area to be rezoned and prepared in accordance with this Section. Additional copies may be requested for referral.

6.

If Planned Development zoning is proposed, twenty-five (25) copies of the development plan (folded to 9" x 12") and guide prepared in accordance with this Section. Additional copies may be requested for referral.

7.

A disclosure letter if the applicant is different from the landowner.

b.

Rezoning request narrative. The applicant shall submit a narrative that includes the following information:

1.

The applicant's name.

2.

Description of the general proposal.

3.

Present zoning and land use on and surrounding the site.

4.

General development schedule and phasing plan when the project is not constructed at one (1) time.

5.

Statement of consistency with the Town Master Plan.

6.

Description of water and sewer systems proposed to serve the site.

c.

Rezoning map exhibit. The rezoning map for a proposed site shall be prepared in a clear and legible manner. The Community Development Department may reject and return any formal submittal that, in its opinion, does not display the required information or is done in an unacceptable manner (i.e., poor drafting, inaccuracies, etc.). The plan shall be prepared at a scale of one (1) inch equals one hundred (100) feet, one (1) inch equals two hundred (200) feet or another scale approved by the Community Development Department which allows for maximum clarity of the proposal. Each rezoning map shall contain the following information:

1.

All adjacent land owned by the applicant; land not part of the proposed request shall be noted as an exception and/or indicate intended current or future use of the land.

2.

Graphically define all natural and man-made water courses, retention areas, streams and lakes. Any known one-hundred-year floodplain affecting the property shall also be delineated.

3.

Show topography on the site at twenty-foot contours. Other significant topographical conditions should be shown at more defined contours.

4.

Show public access to the proposed development or site.

5.

Show all existing structures on the site, their uses and whether they are to remain on the site.

6.

Delineate to appropriate scale existing easements on the site, their uses and who holds or owns the right to that easement.

7.

North arrow with written and graphic scale, and indicate the preparation date of the plan.

8.

Vicinity map showing the relationship of the site to the surrounding area within one (1) mile.

9.

Indicate the name, address and telephone number of the property owner, the applicant (if different) and the persons who prepared the submittal.

10.

Show all existing and proposed streets, drives and roads on or affecting the site, and the names of existing streets on or adjoining the site.

11.

Note existing land uses on adjoining properties and said properties' zoning.

12.

Note existing zoning of the site, the proposed zoning of the site or the portion in the request, average lot size, proposed density and all public and/or private sources of utility services and facilities.

13.

Provide an accurate legal description of the property being shown in the proposal.

14.

Indicate the name of the proposal.

15.

Indicate any land to be dedicated to the Town.

16.

Note on the plan any unique features on the site; historical features, unique land forms, views, etc.

17.

In addition, at the request of the Community Development Department, the applicant shall provide any reasonable information on the proposal when needed to help clarify the request being made.

d.

Additional information. Depending upon the size and proposed land uses, the Town may require, in its discretion:

1.

A traffic impact study.

2.

A fiscal impact study demonstrating the revenues and expenditures attributable to the proposed development.

3.

Development guide and plan. If PD zoning is proposed, see below.

e.

Development guide and plan. The development guide and plan shall reflect the variations in lot size, bulk, type of use or activity, density, lot coverage, open space or other regulations modified and approved by the Board of Trustees upon the recommendation of the Planning Commission. The general requirements of the development guide and plan are as follows:

1.

The development plan shall be prepared at a suitable scale to clearly show the land uses proposed.

2.

The plan shall illustrate land use areas, floodplains, parks, sites to be dedicated for public facilities, adjacent roadways and their classifications, internal arterial and collector roadways along with dimensioned rights-of-way, existing easements and other information as may be required to fully illustrate the proposal.

3.

On the map will be included a land use schedule listing the various land use categories, acreages and number of units.

4.

The development plan shall include the information required under "Rezoning Map."

5.

Any planned development shall submit a development guide that establishes the standards, variations and requirements for the development which are divergent from the zoning regulations of the Town. Those conditions established by a development guide and approved by the Board of Trustees shall be recorded and utilized for development and review of the project.

6.

The uses permitted in a planned development shall be those permitted by right or by special review as indicated on the development guide.

7.

Planned developments shall be under single development responsibility in accord with a unified plan for development, even though the property may be under single or multiple ownership. Each owner is responsible for developing his or her portion of the project in accord with the overall plan. The current and/or future owners and their assigns shall be required to develop the proposed project in accordance with the approved development guide.

8.

The development guide shall not contain sections that propose standards for signs, landscaping or parking. This Chapter shall establish these regulations.

f.

Approval considerations. The Planning Commission and Board of Trustees, in review of rezoning requests, shall consider the following factors:

1.

A need exists for the proposal;

2.

The particular parcel of ground is indeed the correct site for the proposed development;

3.

There has been an error in the original zoning; or

4.

There have been significant changes in the area to warrant a zone change;

5.

Adequate circulation exists and traffic movement would not be impeded by development; and

6.

Additional municipal service costs will not be incurred which the Town is not prepared to meet.

7.

There are minimal environmental impacts or impacts can be mitigated.

8.

The proposal is consistent with the Town Master Plan maps, goals and policies.

9.

There is adequate waste and sewage disposal, water, schools, parks and recreation, and other services to the proportional degree necessary due to the impacts created by the proposed land use.

g.

In the event the proposed rezoning is denied by the Board of Trustees, no new rezoning application for the same or substantially the same request, as determined by the Planning Director, shall be submitted or accepted within one (1) year of the date of such denial. The applicant may appeal the decision of the Planning Director to the Board of Trustees within ten (10) working days of such decision.

(c)

Procedure for amendments to Chapter. Amendments to this Chapter may be proposed by property owners, Town staff, the Planning Commission or the Board of Trustees in order to reflect trends in development or regulatory practices; to expand, modify or add requirements for development in general or address specific development issues; to add, modify or expand zoning districts; or to clarify or modify procedures for processing development applications. Such requests shall be processed as follows:

(1)

Submittal of application: The applicant will submit to the Community Development Department a completed application form along with the appropriate fees. The application shall be accompanied by the full text of the proposed amendment, along with a narrative describing the proposed amendment and why an amendment is necessary. The Community Development Department shall have ten (10) days to review the application for completeness and clarity.

(2)

The Community Development Department, at the discretion of the Planning Director, may send the proposed amendment out for referrals to various agencies that may be affected by the proposal. These agencies will have twenty-five (25) days to respond.

(3)

The Community Development Department will schedule a public hearing before the Planning Commission according to the requirements of Subsection 16-4-30(b) of this Chapter.

(4)

Planning Commission hearings: The Planning Commission shall conduct a public hearing for the purpose of providing a recommendation to the Board of Trustees on the amendment. The Planning Commission may take any action as outlined in this Chapter. The hearing schedule will depend on all development applications to be heard by the Planning Commission.

(5)

Board of Trustees hearings: The Board of Trustees shall conduct a public hearing to consider the amendment. Notice of the hearing shall be given as provided in Subsections 16-4-30(b) through (d) of this Chapter. The Board of Trustees, at the public hearing and after review and discussion of the proposal, shall take one (1) of the following actions:

a.

Approval of the request, with or without modifications.

b.

Denial of the request, indicating for the record the reasons for the recommendation of denial.

c.

With the consent of the applicant, continue the request until the next available meeting in order to obtain more information to help clarify or support the request before it.

If the Board of Trustees decides to approve the amendment, the Board of Trustees will adopt an ordinance amending this Chapter.

(d)

Procedure for amendment to the Community Master Plan.

(1)

Submittal of application: The application submittal shall be as outlined above in Subsection (c), with the exception that a public hearing is not required before the Board of Trustees as the Planning Commission is the final decision maker on all requests to amend the Community Master Plan.

(2)

Following a public hearing at the Planning Commission, the decision will be presented to the Board of Trustees in a public meeting.

(3)

Review criteria: The Comprehensive Plan may be amended pursuant to the following criteria:

a.

The amendment improves the implementation of one (1) or more of the goals, policies and strategies of the Community Master Plan.

b.

The amendment will not pose a detrimental impact on existing or planned Town facilities, services or transportation facilities.

c.

The amendment will not interfere with the existing or emerging land use patterns and densities and intensities of the surrounding neighborhoods as depicted on the Land Use Plan and contained within the Community Master Plan.

d.

The amendment will not interfere with or prevent the provision of any of the area's (neighborhood's) existing, planned or previously committed services.

(Ord. 12-02 §1)

(Ord. No. 23-02, § 1, 1-24-2023)