Chapter 18.105


18.105.010    Purpose.

18.105.020    Who may initiate.

18.105.030    Referral to the plan commission.

18.105.040    Public hearings.

18.105.050    Minimum size of parcel.

18.105.010 Purpose.

The purpose of this chapter is to establish the method by which amendments to the zoning ordinance are initiated, hearings held and resolved. For the purpose of providing for the public health, safety and general welfare, the town, on recommendation of the plan commission, may from time to time amend the text of this title and/or the zoning map(s) incorporated by reference in this title. [Ord. 1659 § 1, 2017].

18.105.020 Who may initiate.

(A) Amendments to this title may be proposed by the town council, or by petitions, duly signed and presented to the town clerk-treasurer, requesting an amendment, supplement or change of the regulations of this title by:

(1) The plan commission; or

(2) The owners of 50 percent or more of the area involved in the petition.

(B) The term “amendment” as used hereinafter in this chapter shall include the terms “supplement,” “change,” or “repeal” as applied to the regulations of this title. [Ord. 1659 § 1, 2017].

18.105.030 Referral to the plan commission.

Any proposed ordinance for the amendment of this title not originating from petition of the plan commission shall be referred to the plan commission for consideration and report before any final action is taken by the town council. [Ord. 1659 § 1, 2017].

18.105.040 Public hearings.

(A) Before submission to the town council of a plan commission petition or report on a proposed ordinance referred to the plan commission for an amendment to this title, the plan commission shall hold a public hearing thereon.

(B) At least 10 days prior to the date set for the hearing, the plan commission shall publish in two newspapers of general circulation in the town notice of the time and place of the hearing. [Ord. 1659 § 1, 2017].

18.105.050 Minimum size of parcel.

(A) No amendment of the official zoning map shall be made with respect to any parcel of real estate unless said parcel has more than 160 feet of frontage and at least 20,000 square feet of area, except where, in the event of an amendment, the parcel would be in the same zoning district, or in a more restrictive zoning district, as an adjoining parcel of land.

(B) The following zoning districts, and no others, shall be deemed to be a “more restrictive zoning district” as the term is used above:

(1) R-1A, with respect to R-1, R-2, and R-3.

(2) R-1, with respect to R-2 and R-3.

(3) R-2, with respect to R-3.

(4) B-1, with respect to B-2 and B-3.

(5) B-2, with respect to B-3. [Ord. 1659 § 1, 2017].