Rezoning Request

The town council may amend, supplement, or change this article and zoning district lines according to the procedures of this division.

(Code 2002, § 18-241; Ord. of 1-5-1993, art. X)

The following actions shall be taken by the applicant:

(1) Initiation of amendments. Proposed changes may be initiated by the town council, planning board, board of adjustment, zoning administrator, by one or more owners or lessees of property within the area proposed to be changed or affected, or by any resident of the town.

(2) Application. An application for any change shall clearly and fully describe the change requested. Such application shall be filed not later than three weeks prior to the meeting of the planning board at which the application is to be considered.

(3) Fee. A fee set from time to time, and a schedule of such fees as established, shall be paid to the town for each application for a change to cover the costs of advertising and other administrative expenses.

(Code 2002, § 18-242; Ord. of 1-5-1993, art. X, § 1)

All applicants must submit their rezoning notice at least two weeks before the fourth Monday of the month. This allows the Technical Review Committee sufficient time to review the request.

The following actions shall be taken by the planning board:

(1) Planning board consideration. The planning board shall make written recommendation addressing plan consistency to the town council at its next regular meeting concerning each proposed zoning amendment.

(2) Time limits of reconsideration. No new petition for the same change in zoning of the same property or any part of such property shall be accepted within six months from the date of the filing of the last petition. However, the planning board shall reserve the right to waive the requirement, providing that the planning board determines that unusual circumstances or unnecessary hardships warrant a waiver.

(3) Planning board member participation. Planning board members who stand to directly financially benefit from a decision made by the board are prohibited from voting on such matters as they pertain to zoning amendments.

(Code 2002, § 18-243; Ord. of 1-5-1993, art. X, § 2; Ord. No. 2006-01, § A), 8-8-2006)

The following actions shall be taken by the town council:

(1) Town council consideration. The town council shall consider changes to this article at the next regularly scheduled meeting of the town council following public notice.

(2) Notice of public hearing.

a. No amendment shall be adopted by the town council until after public notice and hearing.

b. Notice of public hearing shall be published in a newspaper of general circulation in the town at least once each week for two successive weeks prior to the hearing. Notice must also be made by sending notices by first class mail to the owners of all parcels of land abutting that parcel considered for rezoning as shown on the county tax listing.

c. Subsection (2)b of this section does not apply in the case of a total rezoning of all property within the corporate boundaries of the town unless the rezoning involves zoning of parcels of land to less intense use or "down zoning," in which case notification to owners of those parcels shall be made in accordance with this section.

(3) Town council action. Before taking such lawful action as it may deem advisable, the town council shall consider the planning board's recommendations on each proposed zoning amendment. This recommendation will contain all reasons considered in the deliberations of the planning board. The town council may, before rejecting a recommendation of the planning board regarding a request for amendment to this article, discuss the recommendation at a joint meeting with the planning board. Such joint meetings between the town council and the planning board will be held at the beginning of the first regular meeting of the planning board following the meeting of the town council at which the recommendation was first considered.

(4) Town councilmember participation. Town councilmembers who stand to directly financially benefit from a decision made by the board are prohibited from voting on such matters as they pertain to zoning amendments.

(Code 2002, § 18-244; Ord. of 1-5-1993, art. X, § 3; Ord. No. 2006-01, § B), 8-8-2006)