17.09.050 Amendments.
This title may be amended by the town council by changing the boundaries of zoning districts (rezones which change the official zoning map) or by changing any other provisions thereof (text amendments which add, delete or otherwise modify the text of this title) whenever the public necessity and convenience and the general welfare require such amendment, by following the procedures of this section.
A. Initiation. An amendment may be initiated as follows:
1. Amendments to the text of this title and official zoning map amendments may be initiated by resolution of intention by the town council. Text amendments are heard by the planning commission and recommended to the town council for final approval.
2. Amendments to the text of this title may be initiated by resolution of intention by the planning commission.
3. Official zoning map amendments (rezones) may be initiated by application of one or more owners, or their agents, of the property affected by the proposed amendment, which shall be made on a form prescribed by the town planner and filed with the town clerk. The application shall be submitted at least 30 days prior to the next regularly scheduled public hearing date, and shall be heard by the planning commission within 45 days of the date of the application; provided, however, that this period may be extended in any case for which an environmental impact statement is required.
B. Public Hearing. The planning commission shall hold at least one public hearing on any proposed amendment, and shall give notice thereof in at least one publication in the local newspaper at least 10 days prior to the public hearing.
1. Notice shall be given to all property owners within at least 300 feet and, when determined by the town planner, a greater distance from the exterior boundaries of the property which is the subject of the application. Such notice is to be sent 10 days prior to the public hearing. The failure of any property owner to receive the notice of hearing will not invalidate the proceedings.
2. Public notices shall be posted in one conspicuous place on or adjacent to the property, which is the subject of the application, at least 10 days prior to the date of the public hearings. Public notice shall be accomplished through use of a two-foot by two-foot plywood-face generic notice board, to be issued by the town planner, and as follows: The applicant shall apply to the town for issuance of the notice board, and shall deposit with the town clerk the amount of dollars as specified in the current rate and/or fee resolution. The applicant shall be responsible for placement of the notice boards in one conspicuous place on or adjacent to the property, which is the subject of the application, at least 14 days prior to the date of the public hearing. The town planner shall post laminated notice sheets and vinyl formation packets on the board no later than 14 days prior to the hearing. Upon return of the notice board in good condition to the town clerk by the applicant, an amount of dollars of the initial notice board deposit shall be refunded to the applicant as specified in the current rate and/or fee resolution.
C. Standards and Criteria for Granting a Request for Rezone. The planning commission and town council shall use the following standards and criteria to evaluate a request for rezone. Such an amendment shall only be granted if the town council determines that the request is consistent with these standards and criteria:
1. The proposed rezone is consistent with the comprehensive plan.
2. The proposed rezone and subsequent development of the site would be compatible with development in the vicinity.
3. The proposed rezone will not unduly burden the transportation system in the vicinity of the property with significant adverse impacts, which cannot be mitigated.
4. Circumstances have changed substantially since the establishment of the current zoning district to warrant the proposed rezone.
5. The proposed rezone will not adversely affect the health, safety and general welfare of the town.
D. Recommendation of Planning Commission. Following the public hearing provided for in this section, the planning commission shall make a report of findings and recommendations with respect to the proposed amendment and shall forward such to the town council, which shall have the final authority to act on the amendment.
E. Town Council Action.
1. Within 30 days of receipt of the planning commission’s recommendation, the town council shall, at a regular public meeting, consider the recommendation.
2. If the town council denies the application for an amendment, the application shall not be eligible for resubmittal for one year from date of the denial, unless specifically stated to be without prejudice. A new application affecting the same property may be submitted if, in the opinion of the planning commission, circumstances affecting the application have changed substantially. [Ord. 378 § 2 (Exh. 1), 1999.]