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(A) Applications for an amendment to the map or text of the ordinance may be made by any landowner or his or her agent or by the town or any official or body thereof.
(B) Amendments to the map or text of this chapter shall be initiated by application to the Zoning Administrator on prescribed forms. Each application for an amendment to the zone map shall be accompanied by an accurate site plan, building plan, sketch, evidence of interest in property, or other related information as required by the Planning and Zoning Commission or the governing body. Submission of inaccurate information with an application is grounds for denial.
(C) Request for all zone changes shall first be examined by the Planning and Zoning Commission in order to determine if they are spot zoning as defined by this chapter. Any zone change requests determined by the Planning and Zoning Commission to be spot zoning shall not be given a positive recommendation to the governing body unless it is demonstrated that the public welfare be served.
(D) The Planning and Zoning Commission shall hold a public hearing to evaluate proposed zone changes or amendments to this chapter and shall submit its recommendation in writing to the governing body. Notice of the public hearing shall be given in a newspaper of general circulation in the area at least 15 days prior to the meeting.
(E) Applicants requesting a zone change shall post a copy of the prescribed form on the property at the applicant’s expense. Posting shall be in the form of a sign at least 3 feet high and large enough to receive the form. The sign shall be placed in such a location that it can readily be viewed.
(F) If the Planning and Zoning Commission fails to make written recommendation to the governing body following any application for a zone change or amendment to this chapter within 45 days after receipt thereof, then the governing body shall act upon the application without such recommendation by the Planning and Zoning Commission.
(G) The governing body shall conduct a public hearing at which all parties in interest and citizens shall have an opportunity to be heard. Notification of the time and place of the public hearing shall be published in a newspaper of general circulation in the area at least 15 days prior to the hearing. The notice of public hearing published 15 days before the Planning and Zoning Commission meeting shall be considered sufficient notice if it has included the time and place of the public hearing to be held by the governing body. Whenever a change in zoning is proposed, notice of the public hearing shall be mailed by certified mail, return receipt requested, to the owners of land within the area proposed to be changed by a zoning regulation and within 100 feet, excluding public right-of-way, of the area proposed to be changed by zoning regulation.
(Ord. 558, passed 12-8-1986)
(A) Any person aggrieved by an interpretation, decision or action of the Zoning Administrator in administering this chapter may appeal such interpretation, decision, or action to the Planning and Zoning Commission.
(B) An appeal shall be initiated by application to the City Clerk on prescribed forms within 30 days of the contested determination made by the Zoning Administrator.
(C) A decision on an appeal shall be made by the Planning and Zoning Commission following a public hearing. Public notice of an appeal hearing shall be given in the same manner as prescribed for a zone change in this chapter. The City Clerk shall give written notice of an appeal, together with a notice of the date, time and place of hearing to the applicant, each member of the Planning and Zoning Commission, and a representative of the opponents, if any. An appeal shall be decided within 60 days of the date of its filing.
(D) Should the Planning and Zoning Commission uphold the Zoning Administrator, the applicant may appeal such decision to the governing body within 30 days of the determination of the Planning and Zoning Commission. Also, direct decisions by the Commission may be appealed in the same manner.
(E) An appeal shall be initiated as prescribed in division (B) of this section and notice of hearing shall be given as prescribed in division (C) of this section.
(F) Should the governing body uphold the determination made by the Planning and Zoning Commission, the applicant may appeal such decision to the District Court as prescribed by state law.
(Ord. 558, passed 12-8-1986) Penalty, see § 154.99
Conditional use, variance, zone changes, special use, amendments, and appeals shall not be considered until there is first paid a fee as required below, except that such fee shall not be required where the town or an official or body thereof is the moving party. The required fee shall be $25 for any appeal or application plus the actual cost of required postage and publication associated with the appeal or application. Each applicant shall post a $100 cost deposit with their application or notice of appeal from which expenses shall be deducted. The balance of such cost deposit shall be refunded to the applicant or appellant as soon as practicable after receipt of the bills for postage and publication.
(Ord. 558, passed 12-8-1986)
The provisions of this chapter are held to be minimum requirements to carry out the purpose of this chapter and are not intended to interfere with, abrogate, or annul any easement, covenant, or other valid ordinance. Where this chapter imposes a greater restriction than is required by existing regulations, easements, covenants, agreements, or ordinances, the provisions of this chapter shall control. Regardless of any other provision of this chapter, no land shall be used and no structure erected or maintained in violation of any state or federal pollution control or environmental protection law or regulation.
(Ord. 558, passed 12-8-1986) Penalty, see § 154.99
Applicant(s) or their agent(s) submitting a conditional use, variance, zone change, zone text amendment, or appeal request shall appear in person at any meeting or hearing scheduled to consider the respective application(s). If applicant(s) or their agent(s) do not appear in person at the respective meeting, the application will be denied and any fees paid will be forfeited to the town.
(Ord. 558, passed 12-8-1986)
(A) Any person violating any of the provisions of §§ 154.01 through 154.22 and 154.60 through 154.66 shall, upon conviction, be subject to a fine not exceeding $300 or imprisonment for a period not exceeding 90 days, or both. Violations continued for a period of 15 days after conviction shall be prosecuted and treated as a separate offense.
(Ord. 558, passed 12-8-1986)
(B) Any person who violates the prohibition of §§ 154.35 through 154.44 shall be subject to a fine from $100 to $500 or imprisoned for up to 90 days or shall receive both such fine and imprisonment. Each day that a sign or billboard which was erected, constructed, or expanded or the location of which was changed in violation of §§ 154.35 through 154.44 is not removed, shall constitute a separate offense. Further, the sign or billboard shall constitute a menace to the public safety and welfare and may be removed as such by the town and the costs of the removal shall constitute a municipal lien upon the real estate upon which the sign or billboard was located and the lien may be foreclosed pursuant to the statutes, and the town shall be entitled to recover the costs of such removal and interest at the statutory rate for municipal liens and attorney's fees incurred. The owner or tenant of any building, structure, premises or part thereof, and any architect, builder, contractor, agent, or other person who commits, participates in, or maintains such violation may be found guilty of a separate offense and suffer the penalties herein provided.
(Ord. 612, passed 2-9-1998)