Chapter 14.44
REZONES AND AMENDMENTS
Sections:
14.44.020 Initiation--Motion of the Council.
14.44.030 Initiation--Motion of the Planning Commission.
14.44.040 Rezone application and appeal procedures.
14.44.050 Time between petitions.
14.44.060 Recommendations by Planning Commission.
14.44.080 Hearing--Limiting numbered allowed.
14.44.010 Generally.
By subsequent ordinances the Town Council may amend, supplement, change, or modify this title or any part thereof. Amendments to this title shall be initiated only in the manner set out in this chapter. (Ord. 202 § 10.01(part), 1987)
14.44.020 Initiation--Motion of the Council.
The Town Council may, by resolution, request or motion require that due notice be given, public hearing held, and recommendation be given by the Planning Commission to the Town Council regarding an amendment, supplementation, change or modification of this title or any part thereof. (Ord. 202 § 10.01 (part), 1987)
14.44.030 Initiation--Motion of the Planning Commission.
The Planning Commission of its own motion, after due notice and public hearing, may submit to the Town Council a recommendation for amendment, supplementation, change or modification of this title or any part thereof. (Ord. 202 § 10.01(part), 1987)
14.44.040 Rezone application and appeal procedures.
A. The Town Clerk shall accept a petition from an owner, or the authorized representative of an owner, on property within an area proposed for zoning reclassification. Such petition shall list the names, mailing addresses, and property descriptions of the legal owners and/or contract purchasers of property proposed for reclassification and the names and mailing addresses of the legal owners and/or contract purchasers, certified by petitioner to be correct, of all property within a distance of six hundred feet from the boundaries of the property proposed for reclassification. A petition for rezone shall first be submitted to the Planning Commission for its recommendation and report, consistent with the provisions of Chapter 14A.04.
B. A petition for a zoning reclassification shall be processed in accordance with the provisions of Chapter 14A.04.
C. A receipt from the Town Clerk showing payment by the application of the fee as provided for in the Town’s fee schedule ordinance (Chapter 3.32 of this code) in effect at the time of application shall be attached to the petition for a zoning reclassification. No part of the fee shall be refundable.
D. The Planning Commission shall make full findings and conclusions on each petition. Petitions which are recommended for adoption by the Planning Commission shall be forwarded to the Town Council, together with the findings, conclusion and recommendation, consistent with the provisions of Chapter 14A.04.
E. Petitions which are not recommended for adoption by the Planning Commission may be appealed by the petitioner to the Town Council. Such appeals must be filed with the Town Clerk within ten days after the Planning Commission has made its findings and conclusions. If timely filed, such appeal shall be set for public hearing by the Council, noticed and held in accordance with the applicable provisions of Chapter 14A.04. Following such public hearing, the Council may adopt any amendment proposed by such petition without further recommendation of the Planning Commission or the Council may request that the Planning Commission make further study, hold further hearings and make further findings and conclusions, or Council may take such further action regarding such petition as it seems appropriate, consistent with the provisions of Chapter 14A.04. (Ord. 01-412 § 1 (Exh. 1 (part), 2001: Ord. 214 § 5, 1988; Ord. 202 § 10.01(part), 1987)
14.44.050 Time between petitions.
No person, other than the Planning Commission or Town Council, shall be permitted to petition for a zoning reclassification within two years following the date of decision on a petition for the same zoning reclassification of the same property or portion thereof. (Ord. 99-362 § 2, 1999: Ord. 202 § 10.03, 1987)
14.44.060 Recommendations by Planning Commission.
Recommendations to the council by the Planning Commission shall include description of any change in condition that the Planning Commission believes makes the recommended amendment advisable and shall include the reasons by which the Planning Commission is of the opinion that the amendment is in harmony with the comprehensive plan of land use for the Town. (Ord. 202 § 10.04, 1987)
14.44.080 Hearing--Limiting numbered allowed.
The Planning Commission, at its discretion, may limit the number of meetings for public hearings on petitions for zoning reclassification to two per year; provided, however, that when deemed in the public interest, the Planning Commission, on its own motion or at the request of council, may initiate zoning reclassification hearings at any time during the year in accordance with the procedures set forth in this title. (Ord. 202 § 10.05, 1987)
14.44.100 Recordkeeping.
All application and records relating to application for rezoning or special use permits, and all other records of building and use permits, shall be filed with and kept in the custody of the Town Clerk. (Ord. 202 § 10.07, 1987)