1.5 Amendments to the Land Management Code and Zoning Map

It may become desirable from time to time to amend the provisions of this Code or the zoning map. This code should be constantly reviewed and improved upon to stay viable and useful to the Town. All amendments shall be made in the following manner: 1.5.1 Amendments Amendments to the provisions of the Code may be made by the Planning Commission and Town Council, as originated in either body (although normally originated by the Planning Commission), from time to time following a properly posted public hearing of each body. Hearings shall be advertised for 14 days, prior to the date of the hearing, in a newspaper having general circulation in the Town and posted in three (3) or more conspicuous places within the Town. These two hearings may be combined by consensus of the Town Council and Planning Commission. If conducted separately the first hearing must be held by the Planning Commission and the proposed changes then must be certified to the Town Council for their action. After the Town Council hearing, the amendment(s), as proposed, amended and/or rejected may be adopted on the day of the hearing or at any time following the hearing, provided they are adopted at a Town Council meeting. 1.5.2 Types of Amendments The types and nature of Amendments that may be made are classified as follows: (a) allowing a use previously prohibited (b) prohibiting a use previously allowed (c) increasing or decreasing the density of the uses previously allowed (d) changing a permitted use to a conditional use (e) changing a conditional use to a permitted use (f) changing the zone of any property (g) procedural or regulatory changes, both minor or major (h) zone map amendments or modifications (i) repealing of any regulation or procedure (j) adding of any regulation or procedure (k) any other miscellaneous changes that may become necessary 1.5.3 Petition for Zone Change or Code Amendment A petition to change the zone of any land within Amalga Town or to amend this Code other than changing the Zone map, shall be filed first with the Planning and Zoning Commission in a letter or on a form prescribed for that purpose. The form or letter shall contain a legal description of the land affected by the petition, and a statement of the petitioner's interest in the land included within the petition. The petition shall state the current zone of the property and the zone which the petitioners desire to have a new zone designation established, the petition shall so state, and give some indication of the reasoning for the change as well as the uses and standards requested to be allowed in the new zone. A fee will be established for acting on a petition for a zone change as described in the current Town Fee Resolution in effect at the time. (To change or amend the zone within a legally recorded subdivision, the petition must also include signatures of approval by the owners of at least 51% of the platted lots in the subdivision.) The petition must also include all of the names of property owners as required by section 1.6.3 for courtesy notice purposes. 1.5.4 Hearings before the Planning Commission The Planning Commission shall hold a public hearing on all petitions for zone changes and receive comments from citizens or property owners affected by the change. The Commission shall also hold a public hearing on other amendments to the Land Management and Development Code. Notice of all zone change hearings before the Planning Commission shall be given as set forth in Section 1.6 of this Code. The notice shall state generally the nature of the proposed amendment as outlined in 1.5.2 and the land affected, and the time, place, and date of the public hearing. The notice shall also state that more detailed information shall be available for public inspection at the Town Office, or other specified location at the time the notice is published. 1.5.5 Action by Planning Commission Following the hearing, the Planning Commission shall adopt formal recommendations to be presented to the Town Council regarding the matter before it, approving, disapproving, or modifying the proposal. The Planning Commission shall act on the proposal at the time of the hearing or at its next regularly scheduled meeting following the hearing, unless the proponent or petitioner has requested the matter be tabled for further consideration, or the petition is withdrawn. If the Commission fails to act within two (2) regularly scheduled meetings on the proposal, the proposal shall be deemed disapproved by the Planning Commission and the proposal shall be forwarded to the Town Council for their consideration with that recommendation. 1.5.6 Hearing before Town Council The Town Council shall hold a public hearing on all petitions for zone changes and all amendments to the Land Management and Development Code. Following the hearing, the Council shall approve, disapprove, or modify and approve the recommendation of the Planning Commission. The hearing may be continued, if necessary, without republication of notice. The recommendations of the Planning Commission are advisory only, and the Council may overrule the recommendations of the Commission. Council action on amendments to the Code or to the zoning map require the affirmative vote of three or more Town Council members. The Council may act on the petition at the time of the hearing or at subsequently scheduled meetings. 1.5.7 Joint Hearings At the option of the Town Council and in rare instances, the hearings before the Planning Commission and the Town Council may be consolidated into a single hearing, provided however, that separate votes shall be taken by the Commission and the Council. Joint hearings cannot be held for amendments to this Code that are beyond the scope of a regular zone map change. The Commission vote shall be taken first. Notice for any joint hearing shall comply with the notice standards set forth in Section 1.6 of this Code.