Amendments to the text of this Chapter or to the zoning map are made according to the provisions of this Article.

(Ord. 1-96, 1996, § 1; Ord. 2017-11, 2017, § 1)

(a)

Amendments to either the text of this Chapter or to the zoning map may be initiated by the Town or by citizen petition to the Board of Trustees.

(b)

Requests to amend this Chapter initiated by the Board of Trustees or Planning Commission, or by Town staff, will be prepared as a draft ordinance by the Town Attorney and planning staff, after review and recommendation by the Planning Commission, and presented to the Board of Trustees for the scheduling of a public hearing.

(c)

Any citizen of the Town may petition the Board of Trustees to amend this Chapter by filing a petition with the Administrator. If the petition is to amend the text of this Chapter, then one (1) typewritten copy of the text is to be submitted to the Administrator. If the petition is to amend the zoning district classification, the petitioner must be the owner of the affected property, or accompany the amendment request with a petition signed by owners of a majority of the land affected by the amendment request. This petition shall be on a form provided by the Town and shall be accompanied by the appropriate fee as established through resolution adopted by the Board of Trustees.

(d)

Upon receiving said application, the Administrator shall schedule a date for Planning Commission review at a public hearing and a date for a public hearing before the Board of Trustees.

(Ord. 1-96, 1996, § 1; Ord. 2017-11, 2017, § 1)

(a)

The Planning Commission will review the proposed amendment ordinance in a timely manner so as to have recommendations to present to the Board of Trustees at the public hearing. However, the Planning Commission can also ask the Board of Trustees to delay its final decision if the Planning Commission is not ready to make recommendations at the public hearing.

(b)

The Board of Trustees is required to have the recommendations of the Planning Commission before making a decision, but it is not bound by any recommendation of the Planning Commission.

(c)

The Planning Commission shall review the proposed amendment relative to the goals and policies of the Town Comprehensive Plan and any other appropriate approved plans. In particular, the Planning Commission shall advise the Board of Trustees if the adoption of the proposed amendment would necessitate a Comprehensive Plan amendment, and evaluate the amendment according to the criteria and procedure outlined in the Comprehensive Plan.

(Ord. 1-96, 1996, § 1; Ord. 2017-11, 2017, § 1)

No amendment to this Chapter may be adopted until a public hearing has been held on the proposal, with notice provided in accordance with Section 16-1-80 of this Chapter.

(Ord. 1-96, 1996, § 1; Ord. 5-00, 2000, § 1; Ord. 2007-06, 2007, § 3; Ord. 2017-11, 2017, § 1)

(a)

The Board of Trustees is not required to take final action on a proposed amendment within any specific period of time, but shall proceed as expeditiously as practicable.

(b)

In deciding whether to adopt a proposed amendment to this Chapter, the central issue before the Board of Trustees is whether the change advances the public health, safety and welfare. The Board of Trustees must consider all potential uses that may result from a change in zoning and whether these uses are more appropriate than the range of uses allowed in the existing classification.

(Ord. 1-96, 1996, § 1; Ord. 2017-11, 2017, § 1)

(a)

If a valid petition opposing a change in zoning classification is filed with the Town, the proposed amendment may then only be adopted by a favorable vote of two-thirds (⅔) of all the members of the Board of Trustees.

(b)

To be valid, the petition in opposition must:

(1)

Be signed by the owners of either twenty percent (20%) or more of the land subject to the proposed change; or by twenty percent (20%) or more of the area of land extending a radius of three hundred (300) feet from the boundaries of the land which is subject to the proposed change, disregarding intervening public streets and alleys;

(2)

Be received by the Town at least twenty-four (24) hours prior to the Board of Trustees' vote on the change; and

(3)

Be on a form provided by the Town and containing all the information requested on the form.

(Ord. 1-96, 1996, § 1; Ord. 2017-11, 2017, § 1)

Editor's note— Ord. 2017-11, § 1, adopted Oct. 16, 2017, repealed the former § 16-3-70 which pertained to submittal requirements and derived from Ord. 1-96, 1996, § 1.