14.44.040 Rezone application and appeal procedures.

A. The Town Clerk shall accept a petition from an owner, or the authorized representative of an owner, on property within an area proposed for zoning reclassification. Such petition shall list the names, mailing addresses, and property descriptions of the legal owners and/or contract purchasers of property proposed for reclassification and the names and mailing addresses of the legal owners and/or contract purchasers, certified by petitioner to be correct, of all property within a distance of six hundred feet from the boundaries of the property proposed for reclassification. A petition for rezone shall first be submitted to the Planning Commission for its recommendation and report, consistent with the provisions of Chapter 14A.04.
B. A petition for a zoning reclassification shall be processed in accordance with the provisions of Chapter 14A.04.
C. A receipt from the Town Clerk showing payment by the application of the fee as provided for in the Town’s fee schedule ordinance (Chapter 3.32 of this code) in effect at the time of application shall be attached to the petition for a zoning reclassification. No part of the fee shall be refundable.
D. The Planning Commission shall make full findings and conclusions on each petition. Petitions which are recommended for adoption by the Planning Commission shall be forwarded to the Town Council, together with the findings, conclusion and recommendation, consistent with the provisions of Chapter 14A.04.
E. Petitions which are not recommended for adoption by the Planning Commission may be appealed by the petitioner to the Town Council. Such appeals must be filed with the Town Clerk within ten days after the Planning Commission has made its findings and conclusions. If timely filed, such appeal shall be set for public hearing by the Council, noticed and held in accordance with the applicable provisions of Chapter 14A.04. Following such public hearing, the Council may adopt any amendment proposed by such petition without further recommendation of the Planning Commission or the Council may request that the Planning Commission make further study, hold further hearings and make further findings and conclusions, or Council may take such further action regarding such petition as it seems appropriate, consistent with the provisions of Chapter 14A.04. (Ord. 01-412 §1 (Exh. 1 (part), 2001: Ord. 214 §5, 1988; Ord. 202 §10.01(part), 1987)