Title 14 ZONING
Chapter 14.44 REZONES AND AMENDMENTS
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)