The Mayor and Commissioners may from time to time amend, supplement,
change, modify or repeal this chapter, including the Zoning Map. When
doing so, the Mayor and Commissioners shall proceed in the manner
prescribed in this article.
Proposals to amend, supplement, change, modify, or repeal may
be initiated by the Mayor and Commissioners on their own motion, by
the Planning and Zoning Commission, or by petition of one or more
owners of property to be affected by the proposed amendment, subject
to the following provisions:
A.
Proposals originated by the Mayor and Commissioners. The Mayor and
Commissioners shall refer every proposed amendment to the Planning
and Zoning Commission. Within 30 days of the referral of said proposal,
the Planning and Zoning Commission shall submit to the Mayor and Commissioners
a report containing the Commission's recommendations, which may
include any additions or modifications to the original proposal.
B.
Proposals originated by the Planning and Zoning Commission. The Planning
and Zoning Commission may at any time transmit to the Mayor and Commissioners
any proposal for amending this chapter.
C.
Proposals originated by a citizen's petition.
(1)
Each petition by one or more owners of property to be affected by
a proposed amendment shall be submitted to the Zoning Administrator
on forms provided heretofore. The Zoning Administrator shall transmit
such petitions to the Mayor and Commissioners and a copy thereof to
the Planning and Zoning Commission.
(2)
The Planning and Zoning Commission may, at its discretion, notify
the Mayor and Commissioners of its intention to conduct promptly a
public hearing on such petition. Within 30 days following receipt
of such petition or, if a public hearing is held, within 30 days following
such hearing, the Planning and Zoning Commission shall transmit to
the Mayor and Commissioners a report containing its recommendations
thereon, which may include additions or modifications to the original
proposal.
To assist the Town in meeting the administrative costs of amendments,
all applicants petitioning for zoning amendments shall, at the time
of making application, pay to the Zoning Administrator a fee in accordance
with a fee schedule adopted by resolution of the Mayor and Commissioners
upon enactment of this chapter, or as such schedule may be amended
by resolution of the Mayor and Commissioners.
No amendment, supplement, change, modification, or repeal shall
become effective until after a public hearing by the Mayor and Commissioners
in relation thereto at which parties in interest and citizens shall
have the opportunity to be heard and of which a complete record shall
be kept. Notice shall be given as follows:
A.
At least 15 days prior to the date fixed for public hearing, a notice
containing the name of the applicant, if any, the date, time and place
of the hearing and the general nature of the hearing shall be published
in at least one newspaper of general circulation in the Town.
B.
When such hearing concerns a Zoning Map change, a notice of pending action containing the same information as in Subsection A above shall be posted in a conspicuous place on the property involved, such posting to be done at least 15 days prior to the date fixed for public hearing.
C.
When such hearing concerns a Zoning Map change, written notice of
the time and place of such hearing shall be sent by registered mail
to the applicant, if any, and to the owners of property contiguous
to or opposite the property affected, and to the owner of the property.
D.
At the discretion of the Mayor and Commissioners, written notices
of hearing may be sent to other interested persons, organizations
or agencies.
Before enacting an amendment, modification, repeal, or reclassification
as herein provided, the Mayor and Commissioners shall make findings
of fact in each specific case, including but not necessarily limited
to the following matters:
A.
The report and recommendations of the Planning and Zoning Commission.
B.
Population change in the area of the proposed change.
C.
Availability of public facilities such as police and fire protection
and water and sewerage to serve in the area.
D.
Present and future transportation patterns in the area.
E.
Compatibility with existing and proposed development of the area.
F.
The relationship of the proposed change to the adopted plan for the
Town.
G.
Whether there has been a convincing demonstration that the proposed
rezoning would be appropriate and logical for the subject property.
A.
The Mayor and Commissioners may enact the proposed amendment, modification,
repeal or reclassification based upon a finding that there was a substantial
change in the character of the neighborhood where the property is
located or that there was a mistake in the existing zoning classification.
A complete record of the findings and of the votes of all members
shall be kept.
B.
The Mayor and Commissioners, upon the zoning or rezoning of any land
pursuant to the provisions of this article, may impose such additional
restrictions, conditions, or limitations as may be deemed appropriate
to preserve, improve, or protect the general character and design
of the lands and improvements being zoned or rezoned, or of the surrounding
or adjacent lands and improvements, and may, upon the zoning or rezoning
of any land, retain or reserve the power and authority to approve
or disapprove the design of buildings, construction, landscaping or
other improvements, alterations, and changes to be made on the subject
land to assure conformity with the intent and purpose of this chapter.
B.
For any and every violation of the provisions of this chapter, the
owner, agent, architect, builder, contractor, tenant, lessee or any
other person who commits, takes part, or assists in any such violation
or who maintains or uses any building or premises in which any such
violation shall exist shall be, on conviction thereof, guilty of a
misdemeanor and liable to a fine or penalty not to exceed $100.
C.
Whenever any such person specified in Subsection B above shall have been notified in writing by the Zoning Administrator that he is violating this chapter, such person shall commence correction of all violations within five days' notice and correct all violations within 30 days thereafter. If corrections are not commenced within five days and are not either completed within 30 days or being pursued in good faith to completion, each and every day during which such illegal location, erection, construction, reconstruction, enlargement, change, maintenance, use or other violation continues shall be deemed a separate offense punishable by the like fine.
D.
In case any building or structure is erected, constructed, reconstructed,
altered, repaired, converted or maintained or any building, structure,
sign or land is used in violation of this chapter, the appropriate
authorities of the Town, in addition to other remedies, may institute
injunction, mandamus, or other appropriate action or proceeding to
prevent such unlawful erection, construction, reconstruction, alteration,
repair, conversion, maintenance or use; to restrain, correct or abate
such violation; to prevent the occupancy of such building, structure
or land; or to prevent any illegal act, conduct, business, or use
in or about such premises. The rights and remedies provided in this
chapter are cumulative and are in addition to all other remedies provided
by law.[2]
