Chapter 18.56
AMENDMENT AND REZONING
Sections:
18.56.020 Amendment--Initiation.
18.56.040 Notice to adjacent property owners.
18.56.050 Amendment guidelines.
18.56.060 Planning commission action.
18.56.070 Petition--Resubmittal.
18.56.090 Amendment--Invalidation.
18.56.010 Amendment--Methods.
Whenever public necessity, convenience and general welfare require, the boundaries of zones established on the map of the ordinance codified in this title, the classification of property herein, or other provisions of this title may be amended as follows:
A. By adoption of or the amendment of a zoning map; or
B. By amending the text of the ordinance codified in this title. (Ord. 465 (part), 2007: Ord. 108-B §16.01, 1980)
18.56.020 Amendment--Initiation.
Amendments of the ordinance codified in this title and the map which is part hereof may be initiated by:
A. The verified application of one or more owners of property which is proposed to be changed or rezoned; or
B. By the adoption of a motion by the town council requesting the planning commission to set a matter for hearing and recommendation; or
C. By adoption of a motion by the planning commission. (Ord. 465 (part), 2007: Ord. 108-B §16.02, 1980)
18.56.030 Rezone procedure.
The owner of any land desiring a change in use, zone boundaries, or a reclassification of property, shall present to the planning commission a petition signed and acknowledged by him on the forms provided by the town stating his proposal. Drawings, including maps delineating the proposal shall accompany the petition. Noncontiguous parcels of land shall require separate petitions. (Ord. 465 (part), 2007: Ord. 108-B §16.03, 1980)
18.56.040 Notice to adjacent property owners.
The applicant for an amendment to the ordinance codified in this title shall obtain the names and addresses of all adjacent property owners of record within four hundred feet of the property, and shall furnish these names to the planning commission. These property owners shall be notified by mail of the zoning change requested, and the time and place of the meeting at which the matter will be heard. Notice of public hearing, before the town council and planning commission, shall be made by one publication in the local newspaper, at least seven days in advance of the public hearing.
The continuance of a public hearing, through verbal motion in regular meeting by either the town council, or planning commission, shall be deemed as adequate notice to the public of such continuance. (Ord. 465 (part), 2007: Ord. 108-B §16.04, 1980)
18.56.050 Amendment guidelines.
The planning commission and town council shall be guided by the following standards and considerations in granting an amendment to the zoning map of the ordinance codified in this title:
A. The use of modification requested should be in conformity with the adopted comprehensive plan, the provisions of this title, and the public interest;
B. The use of modification requested in the zoning map of the ordinance codified in this title for the establishment of a commercial use shall be supported by an architectural site plan showing the proposed development and its relationship to the surrounding areas as set forth in the application form;
C. The time element of the proposed development. (Ord. 465 (part), 2007: Ord. 108-B §16.05, 1980)
18.56.060 Planning commission action.
The planning commission, upon receipt of a petition by a landowner, shall make an investigation of the matters involved in the proposal. The commission shall call a public hearing to hear the public on the proposal. Following the hearing, facts of the proposal, as presented in a report, and the facts brought out in the hearing, and any other competent facts pertaining to the property, or to other properties adjacent, or in the vicinity thereof, the planning commission shall make a recommendation to the town council:
A. If the planning commission, after study of the proposal in the petition, determines that the reclassification of the property or change in use zone boundaries is necessary for the preservation and enjoyment of any substantial property right of the petitioner, and not materially detrimental to the public welfare or the property of other persons located in the vicinity, the planning commission shall recommend that the town council approve the reclassification of the property.
B. If the planning commission, following a public hearing, makes no decision on the petition or sends no recommendation to the town council for thirty days, this shall be taken as a disapproval of the petition and the owner may follow the steps of appeal as set forth in subsection C of this section.
C. If the planning commission recommends disapproval of the petition, that decision shall be final unless the owner files notice of appeal to the town council with the town clerk within thirty days of the commission’s action. Upon receiving notice of appeal, the town council shall set a date for hearing on the subject and shall notify the parties it deems most concerned. Following this hearing, the council may follow the recommendation of the commission, or refer the subject to the commission for their reconsideration and a subsequent report to the council, upon receipt of which the council shall take final action within thirty days. (Ord. 465 (part), 2007: Ord. 108-B §16.06, 1980)
18.56.070 Petition--Resubmittal.
A petition which has been disapproved by the town council cannot be resubmitted to the planning commission within six months of the date of disapproval. (Ord. 465 (part), 2007: Ord. 108-B §16.07, 1980)
18.56.080 Appeal.
A petitioner whose petition has been disapproved by the town council may appeal to the courts. (Ord. 465 (part), 2007: Ord. 108-B §16.08, 1980)
18.56.090 Amendment--Invalidation.
In the event that a rezone has been granted to a property owner or owners, the rezone shall be declared invalid unless substantial progress as judged by the planning commission has been made toward implementing the proposed development within one year of the effective date of the amendment. This deadline may be extended an additional twelve months upon written application to the planning commission by the owner, stating the reasons for the delay. (Ord. 465 (part), 2007: Ord. 108-B §16.09, 1980)
18.56.100 Fees.
Fees shall be established by action of the town council and shall be posted at the town clerk’s office. A fee for action under this chapter shall be paid by the applicant at the time of application. The application fee for a rezone shall be one hundred fifty dollars for the first hearing and seventy-five dollars for each additional hearing. Additional hearing fees shall be paid prior to hearing date. Other fees may apply including filing. (Ord. 465 (part), 2007)