(A) Procedures. All applications for a change to the zoning text or official zoning map shall be made on forms provided by the Zoning Administrator. The governing body or Planning Commission may initiate the amendment of the zoning text or official zoning map.
(B) Materials and reviews. The following materials and procedures shall be used to process an application for a change to the zoning map or text.
(1) The applicant shall provide title or other suitable proof of ownership to the subject property.
(2) The applicant shall provide a correct legal description of the subject property either in the form of a survey or a lot and block reference.
(3) The applicant shall provide a sketch of the subject property drawn to scale that details the lot lines existing features or building, drives, adjacent buildings and the current use of existing buildings.
(4) The applicant shall submit supporting material as requested by the Zoning Administrator depending on the magnitude of the change and the possibility of detrimental effects on surrounding properties. Supporting materials may include but are not limited to:
(a) Topography at an appropriate scale;
(b) A certificate of survey;
(c) Environmental assessment;
(d) Surface water discharge analysis;
(e) Facilities and utilities suitability analysis;
(f) An analysis of existing wells, tanks and other substructures; and
(g) Traffic and parking analysis.
(5) The applicant shall provide a list of the names and addresses of owners of all property situated within 300 feet of the property lines of the subject site. This list shall be current as of the date of submission. Persons appearing on said list will be sent notice of the public hearing in compliance with statutory requirements.
(6) With the application, the applicant shall provide a written statement detailing the nature and reasons for the requested zoning change.
(7) All materials to be submitted by applicant shall be given to the Zoning Administrator at least 30 days in advance of a public hearing.
(8) A rezoning fee, established within the fee schedule for the unified development code, shall be submitted with the rezoning application.
(C) Procedures for public hearings.
(1) All recommendations for an amendment to the zoning text or official zoning map shall first be submitted to the Planning Commission for recommendation.
(2) Notice of a hearing for a zoning map amendment shall be published once, at least 15 days in advance of the hearing in the official town newspaper.
(3) The applicant shall mail a copy of said publication notice by U.S. mail, certified, return receipt requested and prepaid, to each owner of record of land within a distance of 300 feet of the perimeter of such proposed change, at least 15 days prior to said hearing; sufficient copies of said notice for such purpose to be provided by the Town Clerk.
(4) When the Planning Commission has acted upon an application for rezoning, an ordinance shall be prepared and introduced before the Town Board of Trustees at a public hearing on the same date as set forth in the notice to property owners provided in the preceding section. The Town Board of Trustees may continue that hearing from time to time, prior to final action thereon.
(5) No rezoning application which has been heard and decided by the Town Board of Trustees shall be resubmitted for a period of six months from the hearing, except on the ground of new evidence or proof of changed conditions.
(Ord. 382, passed 7-8-2021)