§ 155.704  REZONING.
   (A)   Applicability.
      (1)   Amendments to the zoning map shall be made in accordance with the provisions of this section.
      (2)   The Town Council shall consider amendments to the zoning map, as may be required from time to time.
      (3)   Where appropriate, rezonings should correspond with the boundary lines of existing platted lots or parcels or the minimum area for an intended use, especially if that portion of the tract is to be subdivided. Where the boundaries of a rezoning request stop short of an exterior property line, it must be possible to subdivide and develop that portion of the property outside the proposed rezoning boundary in accordance with the existing zoning and other requirements of this chapter.
      (4)   All zoning requirements shall be met within the boundaries of the area being rezoned. If all of the requirements cannot be met on the site being rezoned, prior to advertisement of the public hearing, the rezoning shall be expanded to include all property necessary to meet zoning requirements.
   (B)   Initiation of amendment.
      (1)   A request for a rezoning may be initiated by the Town Council, the Planning Board, or the Planning Director.
      (2)   An owner of land within the jurisdiction of the town (or a duly authorized agent or representative) may petition the Town Council for a rezoning. Third-party downzoning petitions are specifically prohibited.
   (C)   Pre-application conference. All applicants petitioning for a rezoning shall schedule a pre-application conference with the Planning Director in accordance with § 155.702(A).
   (D)   Neighborhood meeting. All applicants petitioning for a rezoning shall hold a neighborhood meeting in accordance with § 155.702(B).
   (E)   Application requirements. All applications for a rezoning shall be submitted in accordance with § 155.702(C).
   (F)   Notice and public hearings. The town shall hold all required public hearings and give notice in accordance with § 155.702(D).
   (G)   Action by Planning Director.
      (1)   The Planning Director shall prepare a staff report that reviews the rezoning request in light of the adopted plans and policies of the town and the general requirements of this chapter.
      (2)   Following completion of technical review by staff, the Planning Director shall forward the completed request and any related materials to the Planning Board.
   (H)   Action by Planning Board.
      (1)   The Planning Board shall make a recommendation on the application to the Town Council. The Planning Board's recommendation shall include a written statement to the Town Council describing whether its recommendation is consistent with the adopted plans and policies of the town. 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 rezoning request and any related materials, including the Planning Board recommendation (if applicable), to the Town Council for final action.
   (I)   Action by Town Council.
      (1)   Before taking action on a rezoning, the Town Council shall consider the recommendations of the Planning Board and Planning Director.
      (2)   The Town Council may approve the rezoning, deny the rezoning, or send the rezoning back to the Planning Board for additional consideration.
      (3)   Concurrently with adopting, denying, or remanding any rezoning, the Town Council shall adopt a statement describing whether its action is consistent with the adopted plans and polices of the town and explaining why the Town Council considers the action taken to be reasonable and in the public interest. If the Council adopts a rezoning which is not consistent with any adopted future land use map, there must be a note placed on the applicable map or maps that an amendment inconsistent with the map has been adopted, and the map or maps are deemed amended.
   (J)   Approval criteria. In connection with its legislative decision on a rezoning request, the Town Council may consider factors including, but not limited to, the following:
      (1)   Consistency with the adopted plans and policies of the town;
      (2)   Suitability of the subject property for uses permitted by the current versus the proposed district;
      (3)   Whether the proposed change tends to improve the balance of uses, or meets a specific demand in the town;
      (4)   The capacity of adequate public facilities and services including schools, transportation infrastructure, recreation facilities, wastewater treatment, water supply facilities and stormwater drainage facilities for the proposed use;
      (5)   It has been determined that the legal purposes for which zoning exists are not contravened;
      (6)   It has been determined that there will be no adverse effect upon adjoining property owners unless such effect can be justified by the overwhelming public good or welfare; and
      (7)   It has been determined that no one property owner or small group of property owners will benefit materially from the change to the detriment of the general public.
   (K)   Modification of application. An applicant in a zoning matter may reduce the geographic scope and or propose a district of lower density or intensity from that requested in the application by filing a statement of modification with the Planning Director.
   (L)   Time lapse between similar applications.
      (1)   In the event of a withdrawal of an application during Town Council review on the merits, no application may be filed requesting the rezoning of any parcel contained in the withdrawn application prior to the expiration of a minimum period of six months from the withdrawal of the application. Where the application is withdrawn prior to the required public hearing, no expiration period shall be imposed on a new application.
      (2)   When the Town Council has voted on a zoning application and the proposed rezoning has either been denied or has failed to be adopted by the vote required in the event of a valid protest petition, then the application shall be deemed to have expired.
      (3)   No subsequent application requesting a zoning change for any parcel contained in an application which has expired may be made prior to the expiration of a minimum period of six months from the date of expiration.
      (4)   No subsequent application requesting the same zoning district for any parcel contained in an application which has expired may be filed prior to the expiration of a minimum period of one year from the expiration.
      (5)   The Town Council, by a three-fourths majority vote, may waive the time-lapse requirements of this section if the Town Council deems it to be in the public interest to do so.
(Ord. 2005-11-02, passed 11-21-05; Am. Ord. 2007-04-05, passed 4-2-07; Am. Ord. 2009-03-04, passed 3-2-09; Am. Ord. 2016-04-04, passed 4-4-16; Am. Ord. 2018-07-02, passed 7-16-18; Am. Ord. 2021-02-02, passed 2-15-21)