The Board of Trustees may from time to time amend, supplement, change or repeal the regulations and provisions of this Chapter. Amendments to the text of this Chapter may be initiated by the BOT, the PCDC or Town Staff. Amendments to the zoning district map may be initiated by the BOT, PCDC, Town Staff or a real property owner in the area to be included in the proposed amendment.

(Prior code 9-2-10; Ord. 956 § 1, 2014)

Whenever the zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Chapter, whether such revision be made by repeal of the existing zoning code and enactment of a new zoning code or otherwise, the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of, real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the Town Hall during regular business hours for fifteen (15) days prior to the public hearing on such amendments. The Town Clerk shall also publish notice in the newspaper of record no less than fifteen (15) days prior to the public hearing.

(Prior code 9-2-10; Ord. 956 § 1, 2014)

(Ord. No. 1006, § 5, 12-5-2016)

(a)

Step 1: Preapplication Conference. The applicant shall attend a preapplication conference with a representative from the Town. The purpose of the meeting is to discuss the zoning amendment, submittal requirements and review process.

(b)

Step 2: Zoning Amendment Application Submittal. The applicant shall submit ten (10) copies of the complete zoning amendment application package to the Town Clerk and shall request that the application be reviewed by the PCDC and BOT. The application must include.

(1)

Completed application form, application fee and fee agreement.

(2)

A written description of the proposed change and the rationale for the proposed change, with particular attention given to the approval criteria specified in Section 16-15-50 below.

(3)

A legal description for all property to be considered for rezoning.

(4)

Current proof of ownership in the form of title insurance issued within thirty (30) days of submission of the application.

(5)

A zoning amendment map of the area included in the proposed change, twenty-four (24) inches high by thirty-six (36) inches wide, with the following information:

a.

North arrow, scale (1" = 100' or 1" = 200') and date of preparation.

b.

The subdivision or block and lot name of the area to be zoned (if applicable) at the top of each sheet.

c.

Legal description of the area to be zoned (entire area and individual zoning districts). In unsubdivided property, zone boundaries shall be determined by a metes and bounds description.

d.

Location and boundaries, including dimensions, of the property proposed for rezoning. Note: Zone boundaries are to be the center lines of physical streets, roads, highways, alleys, railroad rights-of way and channeled waterways, or such lines extended.

e.

The acreage or square footage contained within the property proposed for rezoning.

f.

All existing land uses in the proposed rezoning area.

g.

Zoning and existing land uses on all lands adjacent to the proposed rezoning.

h.

The location and dimensions for all existing public rights-of-way, including streets, easements and centerlines of water-courses within and adjacent to the rezoning.

i.

The names of all adjoining subdivisions with lines of abutting lots, and departing property lines of adjoining properties not subdivided.

j.

Certificate blocks for the surveyor, PCDC, BOT and County Clerk and Recorder.

k.

A digital form of the zoning amendment map in a format compatible with the Town's Geographic Information System.

(6)

A written statement describing the proposal and addressing the following points:

a.

Need for the proposed rezoning.

b.

Potential impacts on the existing adjacent properties and zone districts, uses and physical character of the surrounding area.

c.

Impact of the proposed zone on area accesses and traffic patterns.

d.

Availability of utilities for any potential development.

e.

Present and future impacts on public facilities and services, including but not limited to fire, police, water, sanitation, roadways, parks, schools and transit.

f.

Fiscal impact analysis.

g.

Environmental impact analysis.

h.

The relationship between the proposal and the Comprehensive Plan.

i.

Public benefits arising from the proposal.

(7)

Surrounding and interested property ownership report. Provide the Town Clerk with a current list (not more than thirty [30] days old) of the names and addresses of the surrounding property owners within three hundred (300) feet of the property, mineral interest owners of record, mineral and oil and gas lessees for the property and appropriate ditch companies. The applicant shall certify that the report is complete and accurate.

(8)

Surrounding and interested property ownership notification envelopes. One (1) set of stamped and addressed envelopes. The envelopes shall have the Town's address as the mailing address and return address, and the envelopes shall be addressed to the surrounding property owners within three hundred (300) feet of the property, mineral interest owners of record, oil and gas lessees for the property and the appropriate referral agencies. It is the applicant's responsibility to ensure that accurate and complete information is provided.

(9)

Such additional material as the PCDC and/or BOT may prescribe or the applicant may submit pertinent to the application.

(c)

Step 3: Zoning Amendment Application Certification of Completion. Within a reasonable period of time, Town Staff shall either certify that the application is complete and in compliance with all submittal requirements or reject it as incomplete and notify the applicant of any deficiencies. The applicant shall then correct any deficiencies in the application package, if necessary, and submit the required number of copies of the amended application to the Town Clerk.

(d)

Step 4: Set PCDC Public Hearing and Complete Public Notification Process. The Town Clerk shall send notice of the public hearing to the applicant, all property owners of record within three hundred (300) feet of the property in question, all mineral interest owners of record, oil and gas lessees for the property and the appropriate referral agencies before the PCDC public hearing. The Town Clerk shall also publish notice in the newspaper of record no less than fifteen (15) days prior to the public hearing. If the zoning amendment request is accompanying another application that is scheduled for public hearings before the PCDC and BOT, one (1) public hearing may be held on both applications.

(e)

Step 5: Final Staff Review and Report to PCDC. Town Staff shall complete a final review of the materials, including referral responses, and prepare a report to the PCDC explaining how the application is or is not consistent with the approval criteria for amendments to the Official Zoning Map.

(f)

Step 6: PCDC Public Hearing and Action on Zoning Amendment. The PCDC shall hold a public hearing to review the zoning amendment based on the approval criteria for amendments to the Official Zoning Map or the criteria for text amendments to this Chapter. The PCDC shall then make a recommendation to the BOT to approve, conditionally approve or deny the zoning amendment application.

(g)

Step 7: Set BOT Public Hearing and Complete Public Notification Process. The BOT shall schedule a public hearing for the purpose of taking action on the zoning amendment. The Town Clerk shall publish notice in the newspaper of record at least fifteen (15) days from the date of the hearing.

(h)

Step 8: BOT Public Hearing and Action on Zoning Amendment. The BOT shall, after receiving the report and recommendations from the PCDC, hold a public hearing and act upon the proposed amendment. Following the required hearing, the BOT shall consider the comments and evidence presented at the hearing and evaluate the application in accordance with the approval criteria specified in Section 16-15-50 below and approve, approve with conditions or deny the application, in whole or in part.

(i)

Step 9: Post-Approval Actions.

(1)

Upon approval of an amendment to the official zoning map by the BOT, the Town Clerk shall cause an appropriate revision of the official zoning map to be prepared for recording with the County Clerk and Recorder. In the event the zoning amendment was initiated by an interested party, the petitioner shall pay the Town's cost for the preparation of the revision to the official zoning map and associated filing fees.

(2)

Upon approval of an ordinance amending, changing or repealing part of the text of this Chapter, the Town Clerk shall certify a copy of the ordinance and place it in the official records of the Town and make appropriate supplements to this Chapter in accordance with Section 1-3-70 of this Code.

(3)

The applicant initiating the official zoning map amendment shall have thirty (30) days after approval of the amendment by the BOT to submit to the Town Clerk two (2) original drawings of the approved zoning amendment map for recording, along with the recording fees and all other costs billed by the Town relative to the zoning amendment.

(4)

The zoning amendment map shall be prepared by a licensed surveyor or engineer. Inaccurate, incomplete or poorly drawn plans shall be rejected. In addition, the petitioner shall submit one (1) 11" x 17" Mylar reduction of the zoning amendment map and a digital copy in a form compatible with the Town's Geographic Information System.

(5)

Within thirty (30) days of receipt of the zoning amendment map, the Town Clerk shall review the documents for compliance with the BOT's approval, obtain the Town officials' signatures and submit the approved zoning amendment map and the ordinance amending the official zoning map to the County Clerk and Recorder's office for recordation.

(Prior code 9-2-10; Ord. 956 § 1, 2014)

(Ord. No. 1006, §§ 6, 7, 12-5-2016)

For the purpose of establishing and maintaining sound, stable and desirable development within the Town, the official zoning map shall not be amended except:

(1)

To correct a manifest error in an ordinance establishing the zoning for a specific property.

(2)

To rezone an area or extend the boundary of an existing district because of changed or changing conditions in a particular area or in the Town generally.

(3)

The land to be rezoned is inconsistent with the policies and goals of the Comprehensive Plan.

(4)

The proposed rezoning is necessary to provide land for a municipal-related use that was not anticipated at the time of the adoption of the Comprehensive Plan, and the rezoning will be consistent with the goals and policies of the Comprehensive Plan.

(5)

The area requested for rezoning has changed or is changing to such a degree that it is in the public interest to encourage development or redevelopment of the area, and the rezoning will be consistent with the goals and policies of the Comprehensive Plan.

(6)

A rezoning to a Planned Unit Development overlay district is requested to encourage innovative and creative design and to promote a mix of land uses in the development.

(Prior code 9-2-10; Ord. 956 § 1, 2014)

For the purpose of establishing and maintaining sound, stable and desirable development within the Town, the text of this Chapter shall not be amended except:

(1)

To correct a manifest error in the text of this Chapter.

(2)

To provide for changes in administrative practices as may be necessary to accommodate changing needs of the community and the Town Staff.

(3)

To accommodate innovations in land use and development practices that were not contemplated at the time of adoption of this Chapter.

(4)

To further the implementation of the goals and objectives of the Comprehensive Plan.

(Prior code 9-2-10; Ord. 956 § 1, 2014)

Upon enactment of any ordinance annexing and establishing zoning or modifying existing zoning for any property, and upon final passage thereof, the Town shall amend the prior existing official maps to include the annexed area with the proper zoning classification or show the amended classification, as the case may be. Such updated, current official map shall contain, in table form, the date and number of the ordinance amending it, the date the map was amended to reflect each amendment and the initials of the person who checked and approved the change to the map.

(Prior code 9-2-10; Ord. 956 § 1, 2014)

(a)

No ordinance revising the zoning of any portion of land currently zoned as Parks and Open Space District (POS) to any different zoning shall be effective unless and until the ordinance is referred to the registered electors of the Town at a regular or special election and such ordinance is approved by a majority of the registered electors voting thereon.

(b)

No POS-zoned or unzoned Town property that is restricted from commercial or residential development by conservation easements shall be transferred to zones which permit such development unless and until the ordinance is referred to the registered electors of the Town at a regular or special election and such ordinance is approved by a majority of the registered electors voting thereon.

(c)

The following rezoning shall be exempt from this Section: Any rezoning of Parks and Open Space District (POS) property smaller than one-half acre (.5) acres in size; provided that simultaneous or serial rezoning of two (2) or more properties that together comprise a parcel of one-half (.5) or more acres in size shall not be exempt from this Section.

(Ord. No. 959, 4-21-2015)