The council may, from time to time, for public necessity, convenience, general welfare or good zoning practice requirements, change the district boundaries, or amend, change, repeal or supplement the regulations herein established. Such change or amendment may be initiated by the council or the planning and zoning commission on its own motion, or by petition of one or more owners of real property within the area proposed to be changed.

(Ord. 2007-004 § 1 (part))

A.

Petitions for change of district boundaries or amendment of regulations shall be filed with the zoning administrator by an owner of real property within the area proposed to be changed, or by the council or commission. In the case of a petition filed by a party other than the council or commission requesting a zoning district change which includes other property in addition to that owned by the petitioner, the petition shall include the signatures of the real property owners representing at least seventy-five (75) percent of the land in the area proposed to be changed. All such petitions shall be filed on a form provided for the purpose and shall include:

1.

A map showing the particular property or properties for which the change of zone is requested and substantially the adjoining properties and the public streets and ways within a radius of three hundred (300) feet of the exterior boundaries thereof;

2.

A tentative development plan which shall show the following:

a.

Topographical description showing existing and proposed grades and drainage systems, and natural and man-made features with indication as to which one is to be retained and which one is to be removed or altered,

b.

Proposed street system,

c.

Proposed block layouts,

d.

Proposed reservation for parks, parkways, playgrounds, recreation areas and other open spaces,

e.

Off-street parking space,

f.

Types and uses of structures,

g.

Location of structures, garages and/or parking spaces,

h.

A tabulation of the total number of acres in the proposed project and a percentage thereof designated for the proposed structures,

i.

Preliminary plans and elevations of the structure types;

3.

Reasons justifying the petition;

4.

A true statement relating any conditions or restriction of record (if any) which would affect the permitted uses of the property if rezoned as requested, and that date or dates (if any) of expiration thereof;

5.

Such photographs, drawings and other supporting documents (if any) as the applicant may desire to present; and

6.

Payment of a filing fee in an amount established by a schedule adopted by ordinance or resolution of the council and filed in the offices of the town clerk. No part of the filing fee shall be returnable. Payment of filing fee shall be waived when the change or amendment is initiated by the council or the commission, or when the petitioner is the town, county, state or federal government.

B.

Under certain circumstances where the nature of the permitted or conditional use is such that it would be unnecessary or economically unfeasible for the applicant to prepare a plan in accordance with above requirements, the zoning administrator may waive certain of the above requirements, but in all cases the applicant will be required to submit some type of site plan drawn to scale.

C.

Upon receipt of a completed application for amendment, the zoning administrator shall forward the application to the planning and zoning commission.

D.

Any plan approved by the zoning administrator under the provisions of Chapter 17.88 must substantially conform to the tentative development plan submitted as part of the petition for a change of district boundaries.

E.

A neighborhood meeting shall be coordinated through the planning and zoning director but conducted solely by the applicant with town staff attending for observation and general questions only.

(Ord. 2007-004 § 1 (part))

A.

Upon receipt of any completed application for amendment, the commission shall fix a reasonable time for the hearing of the proposed zone change, amendment or addition, and shall give notice thereof to interested parties and to the public by publication in the official newspaper of the town, and by posting the area included in the proposed change and in at least ten public places, not less than fifteen (15) days prior to the hearing. Notice shall also be mailed to the owners of all real property within three hundred (300) feet of the property for which application is made. The notice shall set forth the time and place of the hearing including a general explanation of the matter to be considered and including a general description of the area affected. The commission may for any reason, when it deems such action necessary or desirable, continue such hearing to a time and place certain. Within thirty (30) days after the close of the hearing, the commission shall render its decision in the form of a written recommendation to the council. The recommendation shall include the reason(s) for the recommendation.

B.

Prior to publishing a petitioned zoning map change, the commission may, on its own motion, delimit or extend the boundaries of such area, so as to constitute a more reasonable zone district boundary.

C.

In the case of proposed amendments which are initiated by the commission, the commission shall hold a public hearing as required by this section and shall either:

1.

Transmit such proposal to the council which shall thereupon proceed as set forth herein for any other amendment; or

2.

Vote to quash the commission initiated proposal, in which case no further action need be taken by the commission or council.

D.

The commission may recommend to the council that a time limit be established for the development of the proposal for which a rezoning is conditionally approved.

(Ord. 2007-004 § 1 (part))

A.

Once the commission has held a public hearing, the council may adopt the recommendations of the commission without holding a public hearing if there is no objection, request for public hearing or other protest, time and place of the hearing shall be given in the time and manner provided for the giving of notice of the hearing by the commission as specified in Section 17.80.030. In addition, the town may give notice of the hearing in such other manner as it may deem necessary or desirable.

B.

If the owners of twenty (20) percent or more, either of the area of the lots included in a proposed change or of those immediately adjacent in the rear or any side thereof extending one hundred fifty (150) feet therefrom, or of those directly opposite thereto extending one hundred fifty (150) feet from the street frontage of the opposite lots, file a protest in writing against a proposed amendment, it shall not become effective except by the favorable vote of three-fourths of all members of the council. If any members of the council are unable to vote on such a question because of a conflict of interest, then the required number of votes for passage of the question shall be three-fourths of the remaining membership of the council providing that such required number of votes shall in no event be less than a majority of the full membership of the legally established governing body.

C.

If the council's recommendation is to overrule the recommendation of the commission, such decision shall require the vote of three-fourths of all members of the council voting on the question.

D.

The council shall not make any changes in any proposed zone district boundaries or zone district classification recommended by the commission, until such proposed changes have been referred back to the commission for a report. Failure of the commission to file a report back to the council within thirty (30) days from the date to receipt of the recommended changes shall be deemed to be approval of the proposed change(s) as recommended by the council.

E.

At the time of rezoning, the council may establish a schedule for development of the specific use or uses for which rezoning is requested. If at the expiration of this period the property has not been improved for the use for which it was conditionally approved, it shall revert to its former zoning classification without legislative action.

(Ord. 2007-004 § 1 (part))

In the event that a petition for an amendment is denied by the council, or is withdrawn after the commission hearing, the commission shall not consider the petition or any other petition for the same amendment of this title as it applies to the same property described in the original petition, or any part thereof, within a period of one year from the date of such denial action, unless the conditions upon which the original denial was based have changed.

(Ord. 2007-004 § 1 (part))

In the event that a request for amendment concerns only the amendment of general requirements of this title, no signature of affected property owners or posting of property shall be required; provided however, that all other provisions of this chapter shall be complied with.

(Ord. 2007-004 § 1 (part))