It is the intent of the Town that these regulations, which include this chapter and the District Zoning Map, have been established for the purpose of promoting sound and desirable development and for maintaining land use patterns. In harmony with this purpose, this chapter and the map shall not be amended except to correct an obvious error or oversight in the regulations, or to recognize changing conditions in the Town which require that amendments be adopted for the promotion of the public health, safety and general welfare. In conformity with this statement of policy, the Town Council may initiate amendments, or any person, firm or corporation may initiate amendments in the manner set forth in this chapter.
Amendments shall be of two types:
A. 
Language amendments which seek to change the wording of this chapter; and
B. 
Map amendments which seek to change the district boundary lines on the District Zoning Map.
Applications for amendments of either type shall be made to the Zoning Administrator. The Zoning Administrator may develop forms for this purpose. The application shall include, among other things:
A. 
The name and address of the applicant;
B. 
The applicant's interest in the application; i.e., whether owner of the land or structure affected, or agent;
C. 
The name and address of any other interested parties such as owner or developer;
D. 
The nature and effect of the proposed amendment;
E. 
A statement of the legal basis for such an amendment, whether to correct an error or to recognize changing conditions.
Amendments to the Zoning District Map shall, in addition to the provisions of § 475-299, include:
A. 
A legal description and a map of the area sought to be rezoned. The map shall show the relationship of the property to abutting properties;
B. 
The existing zoning district designation and the proposed district designation;
C. 
A time schedule for development;
D. 
The names and addresses of all owners of land within the area proposed for rezoning and within 140 feet of the outer limits of the area proposed for rezoning. In determining the 140 feet, the width of any intervening street or alley shall not be included.
[Amended 1982 by Ord. No. 85]
A. 
It is the intent of this chapter that all zoning districts be of such a size as to function effectively when developed to the use for which the district was intended and to be of substantial benefit to significant segments of the populace of the Town. For that reason, no new additions, through annexation or otherwise, shall be brought within the Town limits unless the area meets the following minimum size requirements for the zoning district requested. This condition shall be in addition to all other requirements for annexation of a parcel of land into the Town:
(1) 
A Agricultural District: 20 acres.
(2) 
R-S Suburban Residential District: 10 acres.
(3) 
R-1 Single-Family Residential District: 10 acres.
(4) 
R-2 Single-Family and Multifamily Residential District: three acres.
(5) 
R-2A Single-Family and Multifamily Residential Uses and Public Uses in the Historic Area District: three acres.[1]
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(6) 
R-4 Multifamily Residential District: two acres.
(7) 
MH Mobile Home District: five acres.
(8) 
C-1 Central Business District: 20 acres.
(9) 
C-2 Highway Commercial District: 20 acres.[2]
[2]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(10) 
I-1 Light Industrial District: five acres.
(11) 
I-2 Heavy Industrial District: 10 acres.
B. 
Because land use patterns are already established and the ownership of land within the Town is diverse, the size requirements set out in Subsection A of this section shall only be used as a guide when considering requests to change zoning classifications for land already within the Town limits. In order to rezone a parcel of land within the Town, it may not be necessary to meet the minimum area requirements of Subsection A; however, the Town Council, in its legislative discretion, may determine that such minimums are necessary when considering a specific request and the character of the area adjacent to the parcel for which the zone change is requested.
The Zoning Administrator shall review the application for correctness and completeness and shall report to the Town Council concerning the nature of the application and the date of its filing. The Zoning Administrator shall refer a copy of the application to the Town Council for its recommendation and may refer a copy to any other agency which might be affected by the amendment for comment.
The Zoning Administrator shall seek a timely response from agencies in regard to the application. If a response, or notification that a response will be given, is not forthcoming within 30 days from the date on which the application was sent, then the agency not responding will be considered to have no objection.
The Zoning Administrator shall assemble all comments, including those of the Town Council, and schedule the matter for a public hearing before the Planning and Zoning Commission and for later consideration at a regular meeting of the Town Council.
The Planning and Zoning Commission shall hold a public hearing on all amendments to this chapter and to the District Zoning Map at which all interested parties shall have an opportunity to be heard. Notice of the time and place of the public hearing and the nature of the amendment sought shall be given by one publication in a newspaper of general circulation in the Town at least 15 days before the date of such hearing. Also, the area which is to be the subject of the hearing shall be posted for at least 15 days prior to the hearing. The posted notices shall be, in number, size and location, as prescribed by the Zoning Administrator and shall state the present zoning classification, the proposed zoning classification, and the time and place of the public hearing on standard signs provided by the Town. Notices shall be posted by a designated Town official and removed by the same within 15 days after the public hearing has been held.
After its public hearing and after due deliberation, the Planning and Zoning Commission shall certify its findings and recommendations on any proposed amendments to this chapter or to the District Zoning Map to the Town Council in writing.
No zoning amendment shall be considered by the Council until after it has been the subject of a public hearing before the Planning and Zoning Commission and the Commission has forwarded its findings and recommendations to the Council. In its deliberations on zoning matters before it, the Council shall take into consideration any evidence and material available to it, comments of public agencies, and the findings and recommendations of the Planning and Zoning Commission. No zoning change shall be put into effect unless a majority of the Council votes in favor of its adoption.
In the event of a protest to a proposed amendment to the District Zoning Map duly signed and acknowledged by the owners of 20% or more of the area of the lots included within the proposed change, or those immediately adjacent within a distance of 140 feet, the amendment shall not become effective except by the affirmative vote of three-fourths of all the members of the Town Council. In determining the 140 feet, the width of any intervening street or alley shall not be included.
All protests to a proposed amendment to the District Zoning Map, or any withdrawals from such a protest, shall be filed with the Zoning Administrator at least 24 hours before the time set by notice for the Council meeting at which the proposed amendment will be considered.
No application for the change of a zoning district classification shall be made by a property owner or his agent for any land area which has been the subject of a public hearing conducted by the Town Council within the immediately preceding twelve-month period and which hearing resulted in a rejection of the proposed zoning. This limitation shall not apply to land for which a different zoning classification is sought than the one rejected by the Council.
A. 
All mineral extraction and/or production activity shall take place in an I-2 District.
B. 
Applications for amendments to allow mineral extraction and production shall follow the amendment procedures outlined in this chapter.
C. 
After the required public hearing has been held, and after due deliberation by the Town Council, the Town Council may:
(1) 
Request that state or federal approvals be withheld pending recommended modifications; or
(2) 
Impose such additional conditions and safeguards as it deems necessary to protect the surrounding environment or adjacent uses of land while yet permitting the reasonable extraction and production of the minerals in question.
D. 
The Town Council shall not approve mineral extraction and/or production activity until the owner of the land involved signs a written covenant to reclaim the land upon the completion of such extraction or production activities, to a standard at least as high as the state of the land prior to extraction or production. This shall include replacing vegetation removed. The Town Council may, in its discretion, require that the owner of the land involved post a performance bond with acceptable sureties, to insure the faithful performance of reclamation work as required by the Town Council.
For the purpose of computing the size of an area for compliance with § 475-299, there shall be included:
A. 
One-half of the area of abutting rights-of-way, not, however, to exceed a dimension of 50 feet to the center line;
B. 
All of the area of public rights-of-way interior to the area being changed;
C. 
Adjacent and contiguous land within the Town already zoned in the zoning classification being sought for the new area;
D. 
Adjacent and contiguous land in the surrounding county that is zoned in a similar category or is used substantially for uses similar to those being sought by the applicant.[1]
[1]
Editor's Note: Original Ch. 17.78, Appeals, and Ch. 17.81, Board of Adjustment, which previously followed this section, were repealed in 1993 by Ord. No. 228.