[Amended 6-3-2002]
A.
This chapter may be amended, supplemented or changed
from time to time by the Town Council after the appropriate referrals,
notices, hearings and other requirements of law.
B.
Initiation of change. The Town Council may from time
to time amend, supplement or change, by ordinance, the boundaries
of the districts or the regulations herein established. Any such amendment
may be initiated by resolution of the Town Council or by motion of
the Planning Commission or by petition of any property owner addressed
to the Town Council. Petitions for change or amendment shall be on
forms and filed in a manner prescribed by the Planning Commission.
C.
Report from the Planning Commission. Before taking
any action on any proposed amendment, supplement or change, the Town
Council may submit the same to the Planning Commission for its recommendations
and report. On failure of the Commission to report within 60 days
after the submission of a completed application, if the proposal has
been referred to the Planning Commission, the proposal shall be deemed
recommended.
D.
Notice and hearings. The Planning Commission may hold
a public hearing on any proposed amendment, supplement or change before
submitting its report to the Town Council and, for this purpose, may
request the submission of all pertinent data and information by any
person concerned. Before acting on any proposed amendment, supplement
or change on any report by the Planning Commission concerning a proposed
amendment, supplement or change, the Town Council shall hold a public
hearing thereon.
E.
Reconsideration, one-year limitation. Whenever a petition
requesting an amendment, supplement or change has been denied by the
Town Council, such petition or one substantially similar shall not
be reconsidered sooner than one year after the previous denial.
F.
Withdrawal. A petition requesting an amendment, supplement
or change, by ordinance, of the boundaries of a zoning district of
the Town's zoning regulations may not be withdrawn within two business
days prior to the day of holding the public hearing before the Town
Council; provided, however, that a petition may be withdrawn thereafter
for good cause shown if a majority of the members of the Town Council
shall vote to allow such withdrawal.
G.
Failure to appear. If a petitioner, applicant or appellant fails to appear, or appear by agent, or fails to withdraw his application as provided for in Subsection F hereof, a petition requesting an amendment, supplement or change substantially similar shall not be reconsidered sooner than one year after the previous failure to appear or failure to withdraw.
H.
Procedure for RPC District, PCD District and LSCOD
District.
[Amended 2-2-2009]
(2)
A preliminary site plan shall be filed with Town Council
through the Planning Commission. The preliminary site plan shall comply
with the requirements of this chapter and be accompanied by such other
written or graphic material as may be necessary or desirable in aiding
the decisions of the Town Council and the Commission. The number of
copies of the plan to be submitted shall be determined by the Zoning
Official.
(3)
Procedure for RPC, PCD or LSCOD District(s) site plan
approval. Where the provisions of this chapter require the submittal
of site plans for RPC, PCD or LSCOD Districts, the following schedule
of procedure shall apply:
(a)
When the preliminary site plan is approved by
the Town Council, it shall be returned to the Commission pending preparation
of the final site plan by the applicant. If a schedule of construction
phases has been approved by the Town Council, the first of the final
site plans need cover only the designated initial construction phase,
with an additional site plan for each of the scheduled succeeding
construction phases.
(b)
The Planning Commission shall review the final
site plan for compliance with the requirements of the Town Council
and this chapter and make its recommendation to Town Council. The
final site plan shall be amended in accordance with the requirements
of the Town Council as approved by the Town Council and shall be placed
on record after such approval.
(c)
No public hearing shall be required for approval
of any final site plan unless changes in the final site plan significantly
alter a provision of the preliminary site plan.
(d)
If required by the Town Council, a security
bond shall be filed for or deposited in escrow with the Town in an
amount sufficient to insure completion of requirements as may be imposed
by the Town Council.
I.
Property
posted with notice. In addition to any public notice otherwise required,
prior to any public hearing concerning a request for a change in zoning
designation or for approval of an RPC District, a PCD District or
an LSCOD District, the Town Manager shall cause to be posted at one
or more prominent and easily visible places on the subject property,
on eighteen-inch-by-twenty-four-inch yellow cardboard, a public notice
setting forth the date and time at which the Town Council has scheduled
a public hearing on the zoning request, the name of the party who
has submitted the zoning request, the application number assigned
to the zoning request (if any), a description of the property involved,
and the zoning designation requested. The notice shall also include
Town Hall's address and telephone number for interested parties seeking
further information on the public hearing and the zoning request.
One such notice sign shall be posted for each street on which the
subject property fronts. It shall be the responsibility of the party
who has submitted the zoning request, and not the responsibility of
the Town, to maintain the notice signs in good condition during the
posting period. Said notice sign or signs shall be posted at least
15 days prior to the public hearing and shall remain posted until
the Town Council has taken a final action upon the zoning request.
[Added 11-7-2022]
