4.2.1 Applicability.
A. The Town Council shall consider amendments to the text of this ordinance, as may be required from time to time.
B. Amendments to the text of this ordinance shall be made in accordance with the provisions of this Article.
C. A request to amend the text of this ordinance may be initiated by the Town Council, the Planning Board, or the UDO Administrator.
4.2.2 Action by the UDO Administrator. The UDO Administrator shall be responsible to review the proposed text amendment in light of any applicable plans and the general requirements of this ordinance for the Town Council.
4.2.3 Action by the Planning Board.
A. General procedures.
1. Before making any recommendation on a text amendment, the Planning Board shall consider any comments from the UDO Administrator.
2. The Planning Board shall make a recommendation to the Town Council based on the approval criteria in Article 4.2.5 within 30 days of its initial review.
3. The Town Council may act on the amendment if the Planning Board does not provide a recommendation within 30 days.
4.2.4 Action by Town Council.
A. Review procedures.
1. Public notice requirements shall be in accordance with Article 4.1.4.
2. The Town Council shall make a decision based on the approval criteria in Article 4.2.5.
3. Following the public hearing, the Town Council may approve the text amendment, approve with modifications, deny the amendment, or send the amendment back to the Planning Board for additional consideration.
B. Hearing. The public hearing shall be scheduled for the next Town Council meeting following completion of the published notice requirements.
4.2.5. Approval criteria.
A. In evaluating any proposed ordinance text amendment, the Planning Board and the Town Council shall consider the following:
1. The extent to which the proposed text amendment is consistent with the remainder of the ordinance; specifically with respect to any purpose and intent statements;
2. The extent to which the proposed text amendment represents a new idea not considered in the existing ordinance, or represents a revision necessitated by changing circumstances over time;
3. Whether the proposed text amendment corrects an error in the ordinance; and
4. Whether the proposed text amendment revises the ordinance to comply with state or federal statutes or case law.
B. In deciding whether to adopt a proposed ordinance text amendment, the central issue before the Town Council is whether the proposed amendment advances the public health, safety, or welfare and is consistent with the comprehensive plan and the specific intent of this ordinance.
4.2.6 Required statements.
A. Planning Board statement. When making its recommendation to the Town Council, the Planning Board shall adopt a written statement as part of its recommendation for approval or denial that addresses the consistency of the proposed text amendment with all relevant adopted plans. A comment by the Planning Board that a proposed amendment is inconsistent with the comprehensive plan shall not preclude consideration or approval of the proposed amendment by the Town Council.
B. Town Council statement. When making its final decision on a proposed text amendment, the Town Council shall adopt a written statement that addresses the consistency of the proposed amendment with all relevant adopted plans, the reasonableness of the final decision, and how the final decision serves the public interest. The requirement for a plan consistency statement may also be met by a clear indication in the minutes of the Town Council meeting that, at the time of action on the amendment, the Town Council was aware of and considered the Planning Board’s recommendations and any relevant portions of an adopted comprehensive plan.
(Ord. passed 2-3-2021)