Chapter 9.62 — AMENDMENTS TO DEVELOPMENT CODE AND ZONE CHANGES

The provisions of this development code, including the official zoning map, may be amended to reflect changing development needs of the town over time, to maintain consistency with the general plan, and as determined by the council to be in the best interest of the town for the public health, safety and welfare of the community. (Ord. 243, 1015-2013)

A. Procedure: A development code amendment may be initiated by an amendment application by one or more property owners affected by the proposed amendment or by the council.

1. If the council initiates a change or addition to the development code, it may direct staff to process the amendment.

2. If the commission wishes to initiate an amendment, it shall be referred to the council for concurrence to initiate an amendment. The council may then direct staff to process the amendment.

3. If the director wishes to initiate an amendment, it shall be referred to the commission for review and referral to council.

B. Fees: Application for an amendment to the provisions of this development code made by one or more property owners affected by the proposed amendment shall be accompanied by a fee established by resolution of the council and shall include submittal requirements as prescribed by the director. (Ord. 243, 10-15-2013)

Upon receipt in proper form of a development code amendment application, or upon receiving direction from the council, and following a department review and recommendation, public hearings shall be set as hereinafter provided before the commission and council. (Ord. 243, 10-15-2013)

A. Public Hearing Required: The commission shall hold a public hearing after giving notice as required by chapter 9.85, "Public Notices And Hearings", of this title.

B. Commission Recommendation: The commission shall make a written recommendation whether to approve, approve in modified form, or deny the proposed amendment. (Ord. 243, 10-15-2013)

A. Council Options: Upon receipt of the commission's recommendation, the council may approve, approve with modifications, or disapprove the proposed amendment based upon the findings contained in section 9.62.060, "Required Findings", of this chapter.

B. Amendment To Be Made By Ordinance: Amendments to this development code shall be made by ordinance. C. Public Hearing By Council: Upon receipt of a commission recommendation, the council shall hold a public hearing and notices shall be mailed as set forth in chapter 9.85, "Public Notices And Hearings", of this title. Notices

shall also be given to the applicant, the commission and, if applicable, the appellant. The director shall submit a report and meeting minutes of the commission's recommendation to the council setting forth the reasons for action taken by the commission.

D. Council Modifications To Proposed Amendment: Any significant modification of an amendment to the zoning provisions of this code made by the council (i.e., changes involving density, intensity, or standards), which (modification) was not previously considered by the commission during its hearing, shall be referred to the commission for report and recommendation. The commission is not required to hold a hearing on such modification, and their failure to respond to a council referral within forty five (45) days shall constitute their (the commission's) recommendation for approval. (Ord. 243, 10-15-2013)

An amendment to this development code may be adopted only if the following findings are made:

• A. The proposed amendment is consistent with the general plan; and

• B. The proposed amendment will not be detrimental to the public health, safety or welfare of the town or its residents. (Ord. 243, 10-15-2013)