(A) Following the report to the Town Council by the Planning Commission of any proposed amendment to this chapter, change in district boundaries, amendment to proffers, or classification of property, and before approving and adopting any ordinance or amendment thereof, the Town Council shall hold at least one public hearing thereon, pursuant to public notice as required by law.
(B) In order to approve an application, Town Council must find the following conditions have been addressed:
(1) The fees for zoning requests, as established by an un-codified ordinance, have been paid; and
(2) Proposed amendments have been considered with reasonable regard for the existing use and character of the property, the suitability of the property for various uses, the trends of growth or change, and the current and future requirements of the town. Considerations shall include, but not be limited to, comprehensive plans or parts thereof, capital outlay programs, timing of development, relation of development to utilities and public facilities. Other elements to be considered include:
(a) Various purposes as determined by population and economic studies and other studies;
(b) Transportation requirements of the community and the town;
(c) Requirements for schools, parks, playgrounds, recreation areas, and other public services;
(d) Conservation of natural resources, and preservation of floodplains; and
(e) Conservation of properties and their values and the encouragement of the most appropriate use of land throughout the town.
(C) The Town Council shall determine that the following requirements are met, or be assured that they will be met, in acting upon a petition to change the zoning boundaries, proffer amendment, or classification of property on the Zoning Map.
(1) General conformance. The requested zoning district shall be in general conformance with the adopted Comprehensive Plan that includes the area of the parcel subject to the requested change.
(2) Change of classification. Parcels which are the subject of requests for changes of zoning classification shall have direct access to arterial, thoroughfare, or collector streets without creating unsafe traffic conditions along minor streets. Rezoning requests requiring enlargement or extension of new or existing arterial thoroughfare and collector streets to provide proper access to the parcel under the proposed zoning district shall:
(a) Be consistent with the improvements and timing of the Comprehensive Plan and protect against danger and congestion in travel and transportation; and
(b) Provide for the reservation or dedication of rights-of-way required on the subject parcel for the future enlargement or extension of new or existing streets that are shown in the adopted Comprehensive Plan.
(3) Relation to utilities.
(a) Parcels subject to requests for changes of zoning classification shall be located in relation to sanitary sewers, treatment plants, waterlines, storm drainage systems, and other utilities or installations that any required enlargement or extension of such system will be generally consistent with local and regional water quality management plans, the adopted capital improvements program, and the adopted Comprehensive Plan for the area in which the subject parcel is located.
(b) The applicant shall provide, where necessary, sanitary sewers, waterlines, storm drainage systems and other utilities and installations, or for the enlargement or improvement of existing systems, to serve the development in a manner consistent with applicable plans and policies.
(4) Relation to public facilities.
(a) Parcels subject to requests for changes of zoning classification shall be located, designed, scaled, and scheduled for development such that either existing public facilities or planned public facilities that are contained in an adopted capital improvements program will be adequate to serve the proposed development.
(b) In the event that new or enlarged public facilities are necessary to serve development permitted as a result of the requested change in zoning, the applicant shall provide for these facilities.
(1998 Code, § 66-338) (Ord. passed 9-5-2017)