24.02.040 Amendments.
(1) PURPOSE. Whenever public necessity, health, safety, or general welfare requires amendment to the chapter, the procedure described hereafter shall be followed:
(a) Amendments may be initiated by:
(i) Any person or group with an interest in the proposed amendment
(ii) The Town Planning Commission
(iii) The Town Council
(b) PLANNING COMMISSION ACTION.
(i) Public hearing – the Planning Commission shall hold at least one public hearing for any change in this zoning chapter including changes to the Official Zoning Map. Notice of the public hearing shall be published in a newspaper of general circulation at least 10 days prior to the meeting.
(ii) Finding of Fact – Whenever a proposed amendment to this zoning Chapter or the Official Zoning Map is considered by the Planning Commission at a public hearing, the Commission shall prepare Findings of Fact which shall support its actions. All relevant facts leading to the Commission’s decision shall be included in a list of facts which shall be transmitted to the Town Council with the Commission’s recommendation for or against the proposed amendment.
(iii) Voting – a recommendation for amendment shall be valid if passed by the affirmative vote of a majority of the total members of the Commission.
(3) TOWN COUNCIL ACTION.
(a) Public Hearing – the Town Council shall hold at least one public hearing for any change in this chapter, including changes to the Official Zoning Map. Notice of the public hearing shall be published in a newspaper of general circulation at least 10 days prior to the meeting.
(b) Findings of Fact – the Town Council must adopt a listing of factors considered in their decision on the proposed amendment. In preparing their list, they shall consult the Findings of Fact prepared and transmitted to them by the Planning Commission.
(c) Action by the Town Council – the Town Council shall consider the recommendation of the Planning Commission for amendment of this chapter or the Official Zoning Map. If the Planning Commission recommendation is satisfactory to the Council, it may be adopted by Chapter. If the Council wishes to substantially change the amendment as recommended by the Planning Commission, it must first transmit the proposed alternative to the Planning Commission for their review and comment. The Council shall consider the comments of the Planning Commission concerning its proposed alternative prior to taking final action on the Council-prepared Chapter.
(d) Effect – action by the Council shall be final and conclusive, unless within thirty (30) days from the date of said action the original applicant or a party adversely affected makes proper application to a court of competent jurisdiction for a writ of certiorari, a writ of prohibition, a writ of mandamus, or other action as may be provided and allowed by law to review the action of the Town Council. (Ord. 430-N, §2, 2013)