Chapter 18.135
AMENDMENTS
Sections:
18.135.030 Applications for amendment.
18.135.035 Citizen review process.
18.135.040 Public hearing of applications.
18.135.050 Appeal from denial of amendment.
18.135.060 Protest against amendments.
18.135.070 Reconsideration of denied amendments.
18.135.100 Significance of approval.
18.135.010 Failure to act.
In the event the commission fails to take action within 60 days of the proper filing of the formal request, such failure to act shall be deemed as approval or as affirmative recommendation and the council may proceed to act upon the matter. (Ord. 06-10, 2006; prior code § 17-28-1)
18.135.020 Amendments.
The council may from time to time, upon the recommendation of the commission, amend, supplement, change or repeal the regulations, restrictions and zoning district boundaries herein established. Request to amend these regulations may be initiated by the council or the commission on their own motion, or be petitioned as hereinafter set forth. In every case of adverse action of the commission in connection with a matter which the council submits to the commission for approval, disapproval, or recommendation, the commission shall communicate its reasons to the council which shall have the power to overrule the adverse action of the commission. (Ord. 06-10, 2006; prior code § 17-28-2)
18.135.030 Applications for amendment.
Applications for amendment of these regulations shall be made to the commission on a standard form provided for that purpose and shall be signed by a real property owner in the area for which amendment is applied. In the event that the application includes other property in addition to that owned by the applicant, there shall be filed by the applicant on a form provided therefor, a petition in favor of the request signed by the real property owners representing at least 75 percent of the land area to be included in the application. Such petition shall be filed and checked for authenticity of ownership before the application is accepted by the commission. In the event that the application includes properties owned by more than one owner, the clerk shall notify, by certified mail, all property owners included in the area proposed for change. Such notice shall be postmarked not later than 15 days prior to any commission hearing of the application. (Ord. 06-10, 2006; prior code § 17-28-3)
18.135.035 Citizen review process.
The citizen review process shall apply to any application for a rezoning of property, conditional use permit, or general development plan amendment that imposes any regulation not previously imposed, or that removes or modifies any such regulation previously imposed. This process involves holding neighborhood meetings to provide reasonable opportunity for the applicant, adjacent landowners and those other potentially affected citizens to discuss and express their respective views concerning the application and any issues or concerns that they may have with the zoning application.
A. Prior to any public hearing as required in this chapter, the zoning administrator, in coordination with the applicant, shall establish a time, date and place for a neighborhood meeting. The zoning administrator, or representative, shall attend the meeting, but is not required to conduct the meeting. The zoning administrator, or representative, shall record minutes of the meeting to include a list of all individuals in attendance and general matters discussed.
B. The zoning administrator shall provide a written report regarding the results of the neighborhood meeting to the planning and zoning commission and/or town council at such time they take action on the application or proposed text amendments. The report shall include a summary of the concerns, issues and problems expressed during the meeting and how the applicant proposes to address or resolve the concerns, issues or problems.
C. Written notice of the neighborhood meeting shall be given at least 10 days prior to the meeting and shall include the time, date and location of the meeting and sufficient details regarding the substance of the proposed application so as to allow citizens and other affected persons to determine how they might be affected by the proposed application.
1. The applicant shall provide to the town proof of mailing such notices by first class mail to:
a. Each property owner within 300 feet of all boundaries of the property subject to the application.
b. All other interested parties who have requested that they be placed on a notification list maintained by the zoning administrator.
c. Such other persons the zoning administrator reasonably determines to be other potentially affected citizens.
2. In addition to the above required notification, notice of the neighborhood meeting stating the date, time and place of the meeting and including a general explanation of the substance of the proposed application shall be:
a. Published in a local newspaper distributed to residents living within the town;
b. Posted at the official posting locations for the town; and
c. Posted on the subject property.
D. On applications involving text amendments to the zoning regulations, a neighborhood meeting shall be held prior to the public hearing for the consideration of the proposed text amendments. Written notice of the neighborhood meeting shall be given at least 10 days prior to the meeting and shall include the time, date and location of the meeting and sufficient details regarding the substance of the proposed text amendments so as to allow citizens and other affected persons to determine how they might be affected by the proposed text amendments. The form of notice to be used will vary according to the type of text amendment proposed, and any means deemed by the town to provide the appropriate method of notice for the proposed text amendment shall be considered sufficient. The following forms of notice shall be considered sufficient:
1. Publication in a local newspaper distributed to residents living within the town;
2. Posting at the official posting locations for the town;
3. Posting on the town’s website.
E. After the neighborhood meeting, the planning and zoning commission may take all issues and concerns raised by landowners and other citizens potentially affected by the proposed text amendments at such meeting into account when it holds its public hearing on the proposed text amendments. When preparing its recommendation to the town council on the proposed text amendments, the planning and zoning commission shall report the issues and concerns raised during the neighborhood meeting.
F. At the discretion of the zoning administrator, an alternative citizen review process may be used that does not involve a neighborhood meeting. The alternative process shall consist of the following:
1. The written notice described in this section shall be followed, except that it shall only indicate the name, address and phone number of the zoning administrator whom an adjacent landowner or other potentially affected citizen may contact to express any issues or concerns that the landowner or citizen may have with the proposed zoning application or text amendment.
2. A staff report summarizing any issues or concerns so expressed shall be presented to the planning and zoning commission and town council at such time as they take action on the application or proposed text amendments and to the applicant at a reasonable period of time prior to the public hearing.
G. If the applicant’s citizen review process and/or corresponding report do not meet the requirements of this section, the application shall be considered incomplete and any scheduled public hearing will be cancelled. (Ord. 2019-06 § 1, 2019)
18.135.040 Public hearing of applications.
Every application for amendment of these regulations shall be considered by the commission at a public hearing. A second public hearing shall be held before the council if there is an objection, a request for a public hearing or other protest. Notice of the time, date and place of the hearing(s), including a general explanation of the matter to be considered and including a general description of the area affected, shall be given at least 15 days but not more than 30 days before each hearing. Each notice of public hearing shall be published at least once in a newspaper of general circulation, and posted at Town Hall, the public library, the U.S. post office and at such other locations in the municipality that the clerk may deem necessary or advisable. The last known owners of adjacent properties as shown on the list submitted by the applicant shall be notified by depositing such notices in the U.S. mail via certified mail.
In proceedings involving rezoning of land which abuts other municipalities or unincorporated areas of the county or a combination thereof, copies of the notice of public hearing shall be transmitted to the planning agency of such governmental unit abutting such land.
After public hearing, the commission shall render its decision in the form of written recommendation to the council. The recommendation shall include the reasons for the recommendation and be transmitted to the council in such form and manner as may be specified by the council.
Notice of the time, date and place of hearing shall be given in the time and manner provided for the giving of notice of the hearing by the commission as specified in applications for “amendment” and “public hearing of applications,” if applicable above. (Ord. 06-10, 2006; prior code § 17-28-4)
18.135.050 Appeal from denial of amendment.
In the event that the request for amendment is denied by the commission, the applicant may, within seven days from the date of the commission hearing, file an appeal to the council. Upon receipt of such an appeal, the council shall arrange to hold a public hearing upon due notice and posting as heretofore specified. (Ord. 06-10, 2006; prior code § 17-28-5)
18.135.060 Protest against amendments.
If the owners of 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 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; provided, that such required number of votes shall in no event be less than a majority of the full membership of the council. (Ord. 06-10, 2006; prior code § 17-28-6)
18.135.070 Reconsideration of denied amendments.
In the event that an application for amendment is denied by the council, or is withdrawn after the commission hearing, the commission shall not reconsider the application nor consider another application for the same amendment of these regulations as it applies to the same property described in the original application of any part thereof, for a period of not less than one year from the date of such denial action. (Ord. 06-10, 2006; prior code § 17-28-7)
18.135.080 Fees.
See Chapter 18.150. The building official shall approve format and content prior to publication.
Upon filing an application, the petitioner(s) shall pay a filing fee to the town clerk in accordance with a schedule established and posted in the office of the building official. No part of any such fee shall be returnable after an application is filed and such fee paid. The petitioner(s) are also responsible for the costs associated with necessary publications and notifications of property owners by certified mail. A deposit shall be collected in accordance with a schedule established, in addition to the application fee, to cover such costs.
Payment of the filing fee shall be waived when the application is initiated by the council or the commission and when the applicant is acting as an official or an agent of the town, the county, the state, or the federal government. (Ord. 16-17 § 1, 2016; Ord. 06-10, 2006; prior code § 17-28-8)
18.135.090 Exceptions.
In the event that a request for amendment concerns only the amendment of general requirements of permitted uses, no petitions or posting shall be required; provided, however, that all other provisions of these regulations shall be complied with. (Ord. 06-10, 2006; prior code § 17-28-9)
18.135.100 Significance of approval.
Approval of rezoning constitutes authorization for the development of property under granted zoning. Rezoning approval is valid for a period of 12 months from date, and may be extended once for six months at the discretion of the commission. If approval expired prior to substantial development upon rezoned property, the commission may, at their discretion, recommend reverse zoning by the council to zoning classification before rezoning was granted. (Ord. 06-10, 2006; prior code § 17-28-10)
18.135.110 Zoning reversion.
The council may approve a change of zone conditioned upon 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 council action. (Ord. 06-10, 2006; prior code § 17-28-11)