(A) Zoning Designation
(1) The Town Council shall determine the zoning designation and future growth framework development category (if applicable) of properties added to the Town's planning and development regulation jurisdiction through extraterritorial boundary changes or annexation. Such determination shall be based on, but not be limited to, the following factors: the property's future growth framework development category, the property's current land use, the existence of a previously-approved development plan, the character of adjacent properties, current zoning designations, property owner requests or other factors considered relevant at the time of the annexation.
(2) Any property owner within the land to be added to the Town's planning and development regulation jurisdiction may submit a petition requesting a specific zoning designation. If such a petition is received prior to the time the land is added to the Town's jurisdiction, then the public hearing for zoning may be held concurrently with any public hearing required for addition of the property. If no such petition is received prior to the time of addition of the property, then Section 3.4 of this Ordinance shall govern any subsequent rezoning of the property.
(B) Effect of Zoning Designation on Nonconforming Lot Status
Where a legal, conforming lot existing in a residential zoning district at the time the lot was added to the Town's extraterritorial jurisdiction does not contain sufficient land to permit conformance with the lot size or lot width of this Ordinance, such lot may be used as a building site for a single-unit dwelling notwithstanding the limitations set forth in Chapter 10 of this Ordinance. However, all development on such lot shall comply with the setback requirements of Chapter 6 of this Ordinance.
(Ord. No. 2017-LDO-01, 1-24-17; Ord. No. 2021-LDO-01, 6-24-21; Ord. No. 2022-LDO-02, 4-28-22)