A. Zone Changes Initiated By Town Council: Procedures in this section shall be in accordance with the laws of the state, this title and other town ordinances, and shall require the following action:
1. Study and recommendation by the planning director as to the conformance with the comprehensive plan.
2. Completion of a public hearing of the zone change by the town council. Zoning and planning shall be present at the hearing. Public notice of such hearing shall be given at least fifteen (15) days prior to the date of the hearing in at least one newspaper of general circulation within the town.
B. Zone Changes Initiated By Petition: A petition for the proposed change of the zoning district map shall be filed with the town clerk at least thirty (30) working days prior to the zoning and planning meeting at which the petition will be considered. The petition shall contain the signatures of the owners of fifty percent (50%) of the private real property within a three hundred foot (300') radius of the perimeter of the real property to be rezoned. The petition shall be reviewed by zoning and planning for conformance with the comprehensive plan.
1. In the event that a public entity is owner of fifty percent (50%) of the land within the radius of three hundred feet (300') of the property, it may directly petition zoning and planning for such rezoning. However, the owners of adjacent property shall be notified as provided in subsection B2 of this section.
2. Zoning and planning shall cause to be sent written notice of the public hearing to the property owners of record as on file in the office of the county assessor within the petitioned area at least seven (7) days prior to the date of public hearing. Failure to notify every property owner due to a clerical oversight or failure of mail delivery shall not affect the validity of the public hearing or decisions of zoning and planning.
3. A sign shall be posted on the property to be rezoned at least seven (7) days prior to the date of the public hearing. Such sign shall be readable from public roadways and shall contain the following information:
a. Title: Rezoning request no. .
b. From district to district and from use to use.
c. Date and place of public hearing.
d. Location of a public office where additional information can be obtained.
4. A fee as established by town council resolution shall be paid by the applicant.
5. Approvals by zoning and planning shall be forwarded to the town council for public hearing.
6. If zoning and planning does not approve the petition, the applicant may appeal the decision, in writing within ten (10) calendar days from the date such written decision is filed with the town council. The town council will establish a public hearing date to review all pertinent information concerning the zone change upon receipt of such appeal. (Ord. 2012-1, 4-17-2012)