The town is divided into zoning districts. All lands in the town shall have a zoning designation and all development shall conform to the standards set forth for the applicable zoning district and other applicable requirements of this LDC.

(Ord. No. 2003-01, § 4.1, 3-11-2003)

The boundaries of the various districts are shown on the official zoning map adopted concurrent with this LDC which shall be maintained by the town. The map shall be by reference a part hereof. All changes to the district boundaries, as approved by the town council shall be noted on the map, dated and signed by the mayor. A log shall also be maintained to support the map. The log shall indicate the date of the zoning and the ordinance adopting the change. The map may be supplemented from time to time by the town council.

(Ord. No. 2003-01, § 4.2, 3-11-2003)

Except as otherwise specifically provided, a district symbol or name shown within district boundaries on the official zoning map indicates that district regulations pertaining to the district extend throughout the whole area surrounded by the boundary line. Where uncertainty exists as to the boundaries of any district, the following rules shall apply:

(1)

The boundaries shall be determined by the ordinance establishing the boundaries.

(2)

Where boundaries are indicated as approximately following street and alley lines, land lot lines, military district lines or lot lines, such lines shall be construed to be such boundaries.

(3)

In unsubdivided property or tracts, where a district boundary divides a lot, the location of such boundaries, unless same are indicated by dimension, shall be determined by use of the scale of the map.

(4)

Where the public road, street or alley is officially vacated or abandoned, the regulations applicable to the property to which it is reverted shall apply to such vacated or abandoned road, street or alley.

(5)

Where boundaries are so indicated that they are approximately parallel to the centerlines or street lines of streets or to the centerlines of alleys for the centerlines or right-of-way lines of highways, such boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the zoning maps. If no distance is given, such dimension shall be determined from supporting maps or by use of the scale of the map.

(Ord. No. 2003-01, § 4.2.1, 3-11-2003)

(a)

Applicability. The regulations herein set out within each district shall be minimum or maximum limitations and shall be applied uniformly to each class or kind of structure or use on land or water, except as otherwise provided.

(b)

Zoning affects use or occupancy. No building structure, land or water shall be used or occupied, and no building, structure or part shall be erected, constructed, reconstructed, located, moved or structurally altered except in conformity with the regulations specified for the district in which it is or will be located.

(c)

Multiple use of required open space prohibited. No part of a required yard or other required open space, required off-street or loading space, provided in connection with one building, structure or use shall be included as meeting the requirements for any other building, structure or use, except as allowed by these regulations.

(d)

Reduction of lot area prohibited. No lot or yard existing at the effective date of the ordinance from which these zoning regulations are derived shall be reduced in size, dimension or area of less than the minimum requirements set out herein, except for public purposes such as road widening. Lots or yards created after the effective date of the ordinance from which these zoning regulations are derived shall meet at least the minimum requirements established.

(Ord. No. 2003-01, § 4.2.2, 3-11-2003)

Any owner, or authorized representative thereof, of a parcel of land desiring to change the zoning designation of that land may submit an application requesting consideration by the town of the proposed rezoning.

(Ord. No. 2003-01, § 4.3, 3-11-2003)

Applications for rezoning must be made to the town clerk.

(Ord. No. 2003-01, § 4.3.1, 3-11-2003)

The application shall be a form provided by the town, stating at least the applicant's name, a legal description and survey of the property, the current zoning, the requested zoning, proof of ownership and the reason for the requested change. Appropriate fees shall be paid at the time of the submittal. Applications for change to commercial district and office/residential/commercial district must include a conceptual site plan.

(Ord. No. 2003-01, § 4.3.2, 3-11-2003)

(a)

The application and any required submittals shall be submitted to the town clerk who will review the application to make sure it is complete. The package will then be forwarded to the town's consulting planner and engineer who will review the application for conformance to the town's land development regulations and comprehensive plan.

(b)

The town's consulting planner and engineer will submit a written staff report to the planning and zoning board and to the town council.

(Ord. No. 2003-01, § 4.3.3, 3-11-2003; Ord. No. 2016-07, § 5, 4-12-2016)

The town shall consider the following criteria in reviewing applications for rezoning:

(1)

The need and justification for the change;

(2)

The effect of the change, if any, on the particular property and on surrounding properties;

(3)

The amount of undeveloped land having the same classifications as that requested in the general area and throughout the town;

(4)

The relationship of the proposed amendment to the purposes of the town's comprehensive plan, with appropriate consideration as to whether the proposed change will further the purposes of this LDC and the plan;

(5)

The availability and provision of adequate services and facilities;

(6)

The impact on the natural environment; and

(7)

Other criteria as may be applicable.

(Ord. No. 2003-01, § 4.3.4, 3-11-2003)

(a)

Whenever the town council has taken action to deny a petition to rezone property, the town shall not consider any further petition for the same rezoning of all or any part of the same property for a period of one year from the date of such action.

(b)

The time limits of this subsection may be waived by the town council when such action is deemed necessary to prevent injustice.

(Ord. No. 2003-01, § 4.3.5, 3-11-2003)

(a)

If any zoning district requires a conditional use permit, no person shall erect, construct or alter any building or structure for such conditional use until a conditional use permit is reviewed by the planning and zoning board and approved by the town council.

(b)

The planning and zoning board shall hear and decide requests for conditional uses allowed in this chapter. In doing so, the commission may decide such questions as are involved in determining when conditional uses should be granted and either grant conditional uses with appropriate conditions and safeguards or deny conditional uses. After review of an application and a public hearing thereon, the commission may allow conditional uses only upon a determination that use requested:

(1)

Is not detrimental to the character of the area or inconsistent with trends of development in the area;

(2)

Does not have an unduly adverse effect on existing traffic patterns, movements and intensity;

(3)

Is consistent with the comprehensive plan; and

(4)

Will not adversely affect the public interest.

(c)

A conditional use permit may be granted for a use that is generally not permitted in a particular zoning district, but which, if controlled, restricted or otherwise regulated, would not adversely affect the public health, safety and general welfare. Such uses may be permitted only if there is compliance with the provisions and standards of this chapter.

(d)

Every person requesting a conditional use permit shall file an application for a permit with the town clerk. The application shall be accompanied by an application fee payable to the town. The amount of the application fee shall be established by separate resolution.

(e)

Applications for conditional use permits shall include the following information:

(1)

The name, address, and telephone number of the applicant and the owner of the property.

(2)

A schematic drawing showing the topography of the property and the dimensions and location of all existing and proposed buildings and improvements, including, but not limited to, signs, driveways, off-street parking areas, loading and unloading areas, roads and streets and utility easements.

(3)

A detailed description of the nature and extent of the proposed conditional use.

(4)

Plans or reports describing traffic conditions that will be created by the conditional use.

(5)

Complete legal description of the property, including a survey prepared by a state-registered land surveyor.

(6)

Any other information or data required by the planning and zoning board or the town council.

(7)

The town council, in its sole discretion, may waive any or all of the requirements in subsections (e)(2) through (e)(5) of this section.

(f)

The planning and zoning board shall hold a public hearing on every application for a conditional use permit. The planning and zoning board may recommend approval subject to stated conditions. The planning and zoning board shall submit its recommendations to the town council. Within 30 days thereafter, the town council shall hold a public hearing with due public notice to consider the recommendations. The town council may grant the conditional use permit if it finds that the proposed use is desirable and not detrimental to the welfare. If issued, the permit shall be in writing and shall contain the conditions and limitations thereof. The permit shall be filed in the public records of the county. The town council may require the petitioner to pay the legal fees and costs incurred by the municipality in preparing and recording the permit. Any conditional use that does not meet these requirements shall be denied.

(g)

Every conditional use permit shall be signed by the applicant who shall agree to be bound by its terms.

(h)

The town council, with notice to the petitioner, may revoke a conditional use permit if the permittee fails to use or develop the property in full compliance with the terms and conditions of the permit.

(i)

If the town council rejects the conditional use permit, it may not reapply for a period of one year.

(j)

Conditional use permits shall run with the land as long as the conditions of the original conditional use permit are met.

(Ord. No. 2003-01, § 4.4, 3-11-2003; Ord. No. 2016-07, § 5, 4-12-2016; Ord. No. 2024-38, § 3, 9-10-2024)

(a)

The planning and zoning board shall hear and recommend requests for variances from the terms of the zoning regulations where, owing to special conditions, a literal enforcement of the provisions will result in unnecessary and undue hardship upon, and personal to, the applicant therefor and not surrounding properties. In order to authorize a variance, the committee must find:

(1)

That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. Such onsite conditions may include, but are not limited to, topography, preservation of vegetation, access, vehicular and pedestrian safety and preservation of scenic views;

(2)

That the special conditions and circumstances do not result from the actions of the applicant;

(3)

That literal interpretation of the provisions would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this chapter and would work unnecessary and undue hardship on the applicant;

(4)

That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure;

(5)

That the grant of the variance will be in harmony with the general intent and purpose of this LDC and the comprehensive plan, will not be injurious to the neighborhood or otherwise detrimental to the public welfare; and

(6)

The granting of the variance will not be detrimental to the property or improvements in the area in which the property is located.

(b)

In granting any variance, the council may prescribe appropriate conditions and safeguards, the violation of which shall be deemed a violation of this LDC. The council may also prescribe a reasonable time limit within which the action for which the variance was requested shall begin, be completed or both. Under no circumstances shall the council grant a variance which permits a use not generally, or by conditional use, permitted in the zoning district involved or any use expressly or by implication prohibited, by the terms of this LDC in the zoning district involved. Nonconforming uses of neighboring lands, structures or buildings in the same zoning classifications or district and permitted uses of lands, structures or buildings in other zoning classifications or districts shall not be considered grounds for the authorization of a variance.

(c)

Every person requesting a variance shall file an application for a permit with the town clerk. The application shall be accompanied by an application fee payable to the town. The amount of the application fee shall be established by separate resolution.

(d)

Applications for variances shall include the following information:

(1)

The name, address, and telephone number of the applicant and the owner of the property.

(2)

A sketch shall be prepared which shows the topography of the property and the dimensions and location of all existing and proposed buildings and improvements, including, but not limited to, signs, driveways, off-street parking areas, loading and unloading areas, roads, streets and utility easements. The topography required for this sketch may be obtained from the U.S.G.S. Quadrangle Maps or the county, if such information is available.

(3)

A detailed description of the nature and extent of the requested variance.

(4)

Plans or reports describing traffic conditions that will be created by the conditional use.

(5)

Complete legal description of the property, including a survey prepared by a state registered land surveyor.

(6)

Any other information or data required by the planning and zoning board or the town council.

(7)

The town council, in its sole discretion, may waive any or all of the requirements in subsections (d)(2) through (d)(5) of this section.

(e)

The planning and zoning board shall hold a public hearing on every application for a variance. The planning and zoning board may recommend approval subject to stated conditions. The planning and zoning board shall submit its recommendations to the town council. Within 30 days thereafter, the town council shall hold a public hearing with due public notice to consider the recommendations. The town council may grant the variance if it finds that the proposed use is desirable and not detrimental to the welfare. If issued, the permit shall be in writing and shall contain the conditions and limitations thereof. The permit shall be filed in the public records of the county. The town council may require the petitioner to pay the legal fees and costs incurred by the municipality in preparing and recording the permit. Any conditional use that does not meet these requirements shall be denied.

(Ord. No. 2003-01, § 4.5, 3-11-2003; Ord. No. 2016-07, § 5, 4-12-2016; Ord. No. 2024-38, § 4, 9-10-2024)

(a)

Minimum. All property annexed into the town after March 7, 2000, that is subsequently used for residential purposes, shall maintain a minimum residential lot size of one acre, except as provided herein. Right-of-way, utility easements and easements of a similar nature, including right-of-way and easements dedicated to the town or other political subdivisions for public purpose, may be included when calculating the size of a lot upon the approval of the town council. All property annexed into the town after March 7, 2000, that is subsequently used for residential purposes and which is located in areas accessible to employment and commercial areas as well as being located north and west of Blackstill Lake Road may develop residential lots at less than one acre in size, but may not exceed two residential units per gross acre.

(b)

Compliance with affordable housing provisions set forth in comprehensive plan. A sufficient amount of land within the town limits shall be designated for affordable housing as required by the town's comprehensive plan. In the event that additional land is needed to meet the affordable housing requirements of the town's comprehensive plan, property annexed into the town after March 7, 2000, may be developed at residential densities consistent with the town's comprehensive plan upon approval of the town council.

(c)

Effect of ordinance on existing property within the town. This chapter shall have no effect upon the allowable residential densities or minimum residential lot sizes for property located within the jurisdictional limits of the town as of March 7, 2000. The town's land development regulations and applicable laws shall regulate the uses and development of said property.

(Ord. No. 03-07-00, §§ 1—3, 3-7-2000; Ord. No. 2016-17, § 2, 1-20-2017)