Chapter 9.06 — Amendments to Zoning Provisions

Chapter 9.06 - Amendments to Zoning Provisions

The provisions of this Development Code, including the official Zoning Districts Map, may be amended to reflect changing development needs of the Town over time, to maintain consistency with the General Plan, and as determined by the Council to be in the best interest of the Town for the public health, safety and welfare of the community.

A.

A amendment to the zoning code may be initiated by any of the following actions:

1.

Direction by the Town Council, Planning Commission;

2.

An application from a property owner or his authorized agent, relating to his property; or

3.

An application from any affected party which does not request redistricting of property.

B.

Fees. Application for an amendment to the provisions of this Development Code made by one (1) or more property owners affected by the proposed amendment shall be accompanied by a fee established by resolution of the Council and shall include submittal requirements as prescribed by the Director. Submittal requirements shall be kept on file with the Planning Division.

Upon receipt in proper form of a Development Code amendment application, or upon receiving direction from the Council, and following a Department review and recommendation, public hearings shall be set as provided in Chapter 9.13, Public Hearings and Notice, of this code.

A.

Public Hearing Required. The Planning Commission shall hold a public hearing after giving notice as required by Chapter 9.13, Public Hearings and Notice, of this Code.

B.

Planning Commission Recommendation. The Commission shall make a written recommendation whether to approve, approve in modified form, or deny the proposed amendment based upon the findings contained in Section 9.06.060, Required Findings, of this Chapter.

A.

Upon receipt of a Commission recommendation for approval, the Council shall hold a public hearing after giving notice.

B.

Upon receipt of a Commission recommendation for denial, the Council shall not be required to take any further action, unless:

1.

The applicant or any interested person, within ten (10) calendar days after the action of the Commission, files a written appeal of the action with the Town Clerk. The letter of appeal shall be accompanied by a processing fee as established by resolution of the Council; or

2.

Any member of the Council may require review of the decision of the Commission in writing within ten (10) calendar days after the action of the Commission. The letter shall be filed with the Town Clerk.

C.

Council Modifications to Proposed Amendment

Any significant modification of an amendment to the zoning provisions of this Code made by the Council (i.e., changes involving density, intensity or standards), which (modification) was not previously considered by the Planning Commission during its hearing, shall be referred to the Commission for report and recommendation. The Planning Commission is not required to hold a hearing on such modification, and its failure to respond to a Council referral within forty-five (45) days shall constitute their (the Commission's) recommendation for approval.

An amendment to this Development Code may be adopted only if the following findings are made:

A.

The proposed amendment is consistent with the General Plan; and

B.

The proposed amendment will not be detrimental to the public health, safety or welfare of the Town or its residents.