(A) Amending procedure. The Town Council may amend, supplements or change the regulations and districts pursuant to this chapter, or a petition duly signed may be presented to the Zoning
Administrator requesting an amendment, supplement or change of the regulations of this chapter by the Plan Commission or by a private petitioner. (‘88 Code, § 10-7-1)
(B) Petition. The Town Council, the Plan Commission or owners of at least 50% of the area involved in a petition may apply for an amendment to the zoning chapter and/or zoning map. All petitions for amendment by a private party shall be accompanied by a fee to be established by the Town Council. (‘88 Code, § 10-7-2)
(C) Public hearing.
(1) A public hearing shall be held by the Plan Commission before the adoption of any proposed amendment supplement or change. At least ten days prior to the date set for the hearing, the Commission shall publish in a newspaper of general circulation in the city or county a notice of the time and place of the hearing.
(2) Notice shall contain an exact legal description of the location for which the amendment is sought and a statement of the proposed zoning change or subdivision proposal.
(3) Notify property owners, groups and organizations as it deems desirable, including but not limited to the petitioner and all owners of the property affected and property immediately adjoining.
(‘88 Code, § 10-7-3)
(D) Amending zoning ordinance. Any proposed ordinance amending the zoning ordinance, not originating from the Plan Commission, shall be referred to the Plan Commission for consideration before any final action is taken by the Town Council. In the event the report of the Plan Commission is adverse to a proposed ordinance referred to them, the ordinance shall not be passed except by a two-thirds affirmative vote of the Town Council. (‘88 Code, § 10-7-4)
(E) Lack of action on unfavorable report. Failure of the Town Council to pass the proposed ordinance by the affirmative vote within 90 days after its rejection by the Plan Commission shall constitute a rejection of the proposed ordinance, and the petition shall not be reconsidered by the Plan Commission or Town Council until the expiration of one year after the date of its original rejection by the Plan Commission. (‘88 Code, § 10-7-5)
(F) Lack of action on favorable report. A zoning ordinance amendment that has been recommended favorably by the Plan Commission, and certified to the Town Council, must receive action by the Town Council within 120 days after certification, or it shall become effective as if passed by the Council. (‘88 Code, § 10-7-6)
(Ord. 82-4, passed 4-26-82; Am. Ord. 94-2, passed 4-4-94)