(A) Application filing.
(1) Applications for amendments to the text of this chapter shall be submitted to the Zoning Administrator on forms available in the Planning/Zoning Department.
(2) No application for a Zoning and Land Development Regulations text amendment shall be accepted as complete unless it includes the required fee and the following information:
(a) Completed Zoning and Land Development Regulations text amendment application signed by the current property owner(s) or applicant(s);
(b) Twenty copies of the applicant’s letter of intent explaining the proposed amendment(s) and how it meets the criteria listed in division (F) below;
(c) Twenty copies of the proposed text amendment based on the current ordinance in effect and showing proposed deletions as strike-through text and proposed additions in bold, italic text;
(d) Restrictive covenants affidavit(s) signed by the applicant or current property owner(s) in compliance with state law, if applicable; and
(e) Any other information that the Planning Commission determines is reasonably necessary to make an informed decision as to whether the application complies with the standards of this section.
(3) Applications for Zoning and Land Development Regulations text amendments shall comply with § 153.040(E), Application completeness and submission deadlines, of this code.
(B) Public hearing notice. Newspaper and party in interest notice of the Town Council’s public hearing shall be provided in accordance with the requirements of § 153.040(G). Newspaper notice of a public hearing regarding any proposed amendments to §§ 153.300 through 153.315, Subdivision regulations, shall be made at least 30 calendar days prior to a public hearing on any proposed amendments.
(C) Zoning Administrator review and report. The Zoning Administrator shall review each proposed text amendment in light of the approval criteria of division (F) below and provide a report to the Planning Commission. The Zoning Administrator shall have at least 30 calendar days to conduct required reviews.
(D) Planning Commission review and recommendation. The Planning Commission shall review the proposed amendment and take action by majority vote of the members present and voting, recommending that the Town Council approve or deny the proposed amendment. The Planning Commission’s recommendation shall be based on the approval criteria of division (F) below. The Planning Commission shall submit its recommendation to the Town Council within 30 calendar days of the Planning Commission meeting at which the amendment was introduced.
(E) Town Council hearing and decision. After receiving the recommendation of the Planning Commission, the Town Council shall hold at least one public hearing, and, any time after the close of the public hearing, take action to approve, approve with modifications, or deny the proposed amendment based on the approval criteria of division (F) below. A simple majority vote of Town Council members present and voting shall be required to approve the amendment.
(F) Approval criteria. Text amendments to this chapter may be approved if the following approval criteria have been met:
(1) The proposed amendment corrects an error or inconsistency or meets the challenge of a changing condition;
(2) The proposed amendment is consistent with the adopted Town Comprehensive Plan and goals as stated in § 153.005; and
(3) The proposed amendment is to further the public welfare in any other regard specified by Town Council.
(G) Final action. Text amendments shall be adopted by ordinance.
(H) Notice of decision. Following final action by the Town Council, the Zoning Administrator and/or the Town Clerk shall be responsible for providing the applicant with written notice of the decision.
(I) Pending text amendments. No application for a zoning permit, building permit, or certificate of occupancy shall be accepted for property within any area involved in or affected by a pending ordinance text amendment if the zoning permit, building permit, or certificate of occupancy would allow uses or activities that would be forbidden under the proposed amendment. This prohibition on acceptance of applications shall apply from the date that the application is filed until action on the amendment is taken by Town Council.
(Ord. 2012-06, § 3.3, passed 10-18-2012; Ord. 2012-21, passed 12-20-2012; Ord. 2018-02, passed 5-17-2018)