The town council may, from time to time, on its own motion, on applications of any person or persons of interest, or on application of the planning commission or board of adjustment, amend, supplement, or repeal the regulations and provisions of this title.

(Prior code § 13-02-080(A))

A.

An application for amendment of this title not involving the rezoning of land shall be made on a form provided by the town and shall include:

1.

The specific amendment being requested;

2.

The reasons for the amendment requested; and

3.

Other information the applicant believes will support the application.

B.

An application for amendment of this title involving the rezoning of land shall be made on a form provided by the town and shall include:

1.

A map delineating the parcel, the requested zoning and the zoning of the adjacent properties;

2.

The legal description of property for which amendment is requested;

3.

The reasons for the rezoning request;

4.

Other information the applicant believes will support the application; and

5.

A list of the names and addresses of owners of property located within two hundred fifty (250) feet of the subject site.

(Ord. 2004-12 § 5 (part): prior code § 13-02-080(B))

A.

The applicant shall submit the complete application to the planner. Upon finding the application complete, the planner shall submit the application to the planning commission.

B.

The planning commission shall hold a public hearing to consider the application in accordance with the procedures set forth in Chapter 16.08.

C.

Within thirty (30) days following the public hearing or within such time as is mutually agreed by the planning commission and the applicant, the planning commission shall either recommend approval of the application, with or without modifications, or denial of the application to the town council.

D.

Within sixty (60) days from the date of the planning commission's written decision on an application, or within such time as is mutually agreed by the town council and the applicant, the town council shall approve the application, with or without conditions, or deny the application.

(Ord. 2004-3 § 15 (part); prior code § 13-02-080(C))

(Ord. No. 2011-6, § 2, 7-5-2011)

A.

For the purpose of establishing and maintaining sound, stable and desirable development within the town, the rezoning of land is to be discouraged. Rezonings should only be considered if:

1.

The land to be rezoned was zoned in error and as presently zoned is inconsistent with the policies and goals of the town's comprehensive plan;

2.

The area for which rezoning is requested has changed or is changing to such a degree that it is in the public interest to encourage a redevelopment of that area;

3.

The proposed rezoning is necessary in order to provide land for a community related use that was not anticipated at the time of the adoption of the town's comprehensive plan, and such rezoning will be consistent with the policies and goals of the comprehensive plan.

B.

This declaration of policy for rezoning shall not control a rezoning of newly annexed land.

(Prior code § 13-02-080(E))

No amendment changing the zoning classification of any lot, parcel or tract of land shall be adopted unless such lot, parcel or tract has twenty-five (25) feet of frontage on a public street, or has two thousand five hundred (2,500) square feet of area, or abuts on a lot, parcel or tract of land that has the same zoning classification as that which is proposed for the property which is the subject of the proposed amendment.

(Prior code § 13-02-080(F))

In granting amendment to the zoning map, upon application by a property owner or his or her authorized agent, the town council may require the dedication of additional street right-of-way where an officially adopted street plan indicates a need for increased width or where the nature of the proposed development warrants increased street width and the town council may require permanent screen strips or other devices to minimize conflict with residential land use.

(Prior code § 13-02-080(G))

The planner shall maintain a record of amendments to the text and map of this title in a form convenient for use of the public.

(Prior code § 13-02-080(H))