(A) Authority for zoning change. The Town Council shall have the authority to make changes to the zoning ordinances, to rezone property from one zoning classification to another, and to make other changes to this code. The exercise of this authority shall require that all such changes shall be consistent with the goals and objectives of the Comprehensive Plan and that they benefit the general welfare of the community. The Town Council in taking final action of approval shall determine that the application is in compliance with all applicable criteria.
(B) Review by Planning and Zoning Board. Applications to rezone property or to change the zoning requirements within the zoning districts shall be reviewed by the Planning and Zoning Board at a public hearing and its recommendations forwarded to the Town Council for final action.
(C) Contents of rezoning application. An application for a rezoning or zoning change shall include a submission of the following information and supporting documents:
(1) A statement of the petitioner’s interest in the property and the written consent to the petition by all owners of record;
(2) A plot plan or boundary sketch which has been reviewed and approved by the duly appointed representatives of any property owners’ association or property management corporation, together with a lot and block reference or other means of legal description identifying the property of the application;
(3) A complete list of all property owners and mailing addresses for all property within 200 feet of the subject parcel as recorded in the latest official tax roll prepared by the County Property Appraiser or otherwise determined;
(4) A statement of the special reasons or basis for the rezoning or zoning change, including the intended use and development of the property shown on an adequate site plan;
(5) The existing and/or proposed development of the site;
(6) Surrounding land uses within 100 feet of the site; and
(7) Other reasonable information requested by the town which is commensurate with the intent and purpose of this code.
(D) Criteria for zoning change. In the review of applications for a rezoning or zoning change, the following criteria shall apply. In order to approve the rezoning or change requested, the town must find substantial compliance with the following requirements.
(1) The requested change shall lessen congestion in the streets, secure safety from fire, panic and other dangers, promote health, morals and the general welfare, provide adequate light and air, prevent the overcrowding of land or buildings, avoid undue concentration of population, provide for adequate public facilities and utilities, preserve natural resources, promote adequate storm drainage, and enhance the beauty and visual interest of the community.
(2) The requested change shall be in keeping with the development characteristics of the zoning district in which the property is located, and be suitable to the use proposed. The approval should encourage the most appropriate use of land through out the town with a view of conserving the value of property affected.
(E) Time limit for zoning changes. A rezoning or a change to the criteria of a zoning district is valid until subsequently amended or repealed by the town in conformance with this subchapter.
(Ord. 1-90, passed 1-31-1991)