(A) Intent. Regulations set forth in this Development Code and boundaries of zoning districts established by the town may be amended, supplemented, changed, modified or repealed when deemed necessary to best serve the public interest, health, comfort, convenience, safety and general welfare of the citizens of the town.
(B) Review. Upon receipt of an application for an amendment, including requests for use permits and special use permits, the Community Development Director or designee, shall review the application for completeness and applicability to this Development Code and the general plan, comment on the proposal and shall adhere to the posting and publication requirements required by state law, including compliance with the citizen review process provided in § 150.022, prior to the public hearing before the Planning and Zoning Commission. Requests for amendments shall be considered by the Planning and Zoning Commission for the purpose of making a written recommendation, which shall, after holding a public hearing at which parties of interest and citizens have been heard, include the reasons for the recommendations to the Mayor and Council.
(1) The Town Council may adopt the recommendation of the Commission without holding a second public hearing if there is no objection, request for public hearing or other protest.
(2) The Town Council shall hold a public hearing if requested in writing by the applicant, or by any person appearing in opposition at the Commission hearing, or by any person who has filed a written protest, in accordance with state law.
(3) If an application for amendment is denied by Council, or the application is withdrawn after Commission hearing, the Commission shall not consider an application for the same amendment within one year from the date of the original hearing.
(C) Adoption. Adoption of an amendment may be subject to the conditions as the Council deems applicable to enforce this Development Code. If one condition is a schedule for development of specific uses for which zoning is requested, and at expiration of that period the property has not been developed according to the schedule, it may be reverted to its former zoning classification by the Town Council.
(D) Application. An application for an amendment shall be filed and signed by:
(1) The owner of the property;
(2) One or more of several joint owners of property whose ownership constitutes a majority interest in the property;
(3) Seventy-five percent or more of the owners of property in the area to be affected, when the application affects more than one property; or
(4) An agent of any property owner(s) authorized to sign as above, when the authority of the agent is in writing and filed with the application.
(E) Protests. If the owners of 20% or more of the property by area and number of lots, tracts and condominium units within the zoning area of the affected property file a protest in writing against a proposed ordinance amendment, the amendment shall not become effective except by favorable vote of three-fourths of the Council. If any member of the Council is unable to vote because of a conflict of interest, then the required number of votes shall be three-fourths of the remaining Council members (provided that required number of votes shall not be less than a majority of the full Council). For the purposes of this division, the vote shall be rounded to the nearest whole number.
(F) Annexation. Areas, when annexed to the town, shall, until officially zoned by the Council, be considered to be zoned to densities and uses no greater than those permitted by the county immediately prior to the annexation.
(Prior Code, Ch. 4, Art. I, § 4-13) (Ord. 432-06, passed 6-19-2006; Ord. 689-20, passed 4-6-2020)