Skip to code content (skip section selection)
(A) Applicability. Amendments to the text of this chapter shall be made in accordance with the provisions of this section.
(1) The Town Council shall consider amendments to the text of this chapter, as may be required from time to time.
(B) Initiation of amendment. A request to amend the text of this chapter may be initiated by the Town Council, Board of Adjustment, Planning Board, Planning Director, or the general public.
(C) Application requirements. Applications for a text amendment shall be submitted in accordance with § 155.702(C).
(D) Notice and public hearings. The town shall hold all required public hearings and give notice in accordance with § 155.702(D).
(E) Action by Planning Director.
(1) The Planning Director shall draft the appropriate amendment and prepare a staff report that reviews the proposed text amendment request.
(a) Following completion of technical review by staff, the Planning Director shall forward the completed request and any related materials to the Planning Board for a recommendation.
(F) Action by Planning Board.
(1) The Planning Board shall make a recommendation on the application to the Town Council. If the Planning Board fails to make a recommendation, the Town Council may process the request without a recommendation.
(2) Following Planning Board review, the Planning Director shall forward the completed request and any related materials, including the Planning Board recommendation (if applicable), to the Town Council for final action.
(G) Action by Town Council.
(1) Before taking action on a text amendment, the Town Council shall consider the recommendations of the Planning Board and Planning Director.
(2) The Town Council may approve the amendment, deny the amendment, or send the amendment back to the Planning Board for additional consideration.
(H) Approval criteria.
(1) In evaluating any proposed amendment of the text of this chapter, the Planning Board and the Town Council shall consider the following:
(a) The extent to which the proposed text amendment is consistent with the remainder of the chapter, including, specifically, any purpose and intent statements;
(b) The extent to which the proposed text amendment represents a new idea not considered in the existing chapter, or represents a revision necessitated by changing circumstances over time;
(c) Whether or not the proposed text amendment corrects an error in the chapter; and
(d) Whether or not the proposed text amendment revises the chapter to comply with state or federal statutes or case law.
(2) In deciding whether to adopt a proposed text amendment to this chapter, the central issue before the Town Council is whether the proposed amendment advances the public health, safety or welfare and is consistent with the adopted plans and policies of the town and the specific intent of this chapter.
(Ord. 2005-11-02, passed 11-21-05; Am. Ord. 2018-07-02, passed 7-16-18)