The Board of Trustees may, from time to time, on its own motion, on application of any person of interest, or on application of the Planning Commission or Board of Zoning Adjustment, amend, supplement or repeal the regulations and provisions of this Chapter.

(Ord. 209 Art. IX §1, 1981)

(a)

An application for amendment of this Chapter 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 request; and

(3)

Other information the applicant believes will support the application.

(b)

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

(1)

A map delineating said 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;

(5)

A list of the names and addresses of owners of property located within three hundred (300) feet of the subject site; and

(6)

Payment of a nonrefundable zoning amendment application fee to the Town upon submission of the application to cover processing costs of the Town. Said fee is set forth in Section 4-151. In addition to the fee, the applicant shall pay for all actual costs incurred by the Town in reviewing and processing the application. A deposit in an amount determined by the Town to be sufficient to cover costs incurred by the Town for necessary legal, planning, engineering and other technical review of the application and an executed agreement by which the applicant agrees to replenish the deposit when requested by the Town and to pay on a monthly basis all costs incurred by the Town in processing the application shall be filed with the Town at the time the application is filed. The Town Clerk shall send the applicant a monthly statement of costs incurred by the Town. Said costs shall be paid in full prior to final consideration of the application by the Planning Commission. The cost of an election and any legal fees incurred by the Town related to such election shall be paid by the Town should an appeal to the electorate be initiated through citizen referendum petition. Any amount of the deposit not expended will be refunded by the Town within forty-five (45) days after the applicant's withdrawal of the application, the Town's final action on the application, or the effective date of the ordinance approving the application.

(Ord. 209 Art. IX §2, 1981; Ord. 246 §8, 1983; Ord. 382 §12, 1994; Ord. 435 §1, 1996; Res. 2021-06 §34, 2021)

(a)

The applicant shall submit the complete application to the Zoning Administrator. Upon finding the application complete, the Zoning Administrator shall submit the application to the Planning Commission.

(b)

Within thirty (30) days of receipt of the application from the Zoning Administrator, the Planning Commission shall hold a public hearing to consider the application. Public notice of the hearing shall be published in a newspaper of general circulation within the Town at least fifteen (15) days prior to such hearing. Additionally, if the application involves the rezoning of land, owners of property within three hundred (300) feet of the subject property shall be notified of the public hearing by first class mail and the property shall be posted at least fifteen (15) days prior to the hearing along the part of such property fronting on a street. The applicant shall be responsible for obtaining the correct names and addresses of the adjacent property owners at the expense of the applicant.

(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 Board of Trustees.

(d)

Upon receipt of the Planning Commission recommendation, the Board of Trustees shall act on the recommendation.

(Ord. 209 Art. IX §3, 1981; Ord. 435 §1, 1996; Ord. 725 §14, 2013)

When said zoning map is in any way to be changed or amended incidental to or as a part of a general revision of the Zoning Code or Comprehensive Plan, whether such revision is made by repeal of the existing Chapter and enactment of a new Zoning Code or otherwise, said notice in this Article by posting and mailing shall not be required.

(Ord. 209 Art. IX §4, 1981)

(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 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 the area;

(3)

The proposed rezoning is necessary in order to provide land for a community-related use which was not anticipated at the time of the adoption of the 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.

(Ord. 209 Art. IX §5, 1981)

No amendment changing the zoning classification of any lot, parcel or tract of land shall be adopted unless such lot, parcel or tract has seventy-five (75) feet of frontage on a public street, has seven thousand five hundred (7,500) 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.

(Ord. 209 Art. IX §6, 1981)

In granting amendment to the zoning map, upon application by a property owner, the Board of Trustees 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 Board of Trustees may require permanent screen strips or other devices to minimize conflict with residential land use.

(Ord. 209 Art. IX §7, 1981)

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

(Ord. 209 Art. IX §8, 1981)