§ 15-6. Rezoning procedure.

(a)

A person wishing to have rezoned a particular piece of property shall go to the town hall and pick up an application for rezoning and instructions of the procedure which must be followed in order to rezone the property.

(b)

The application shall include the following information: Names and addresses of the owners requesting the rezoning; the legal description of the property; the current and proposed zoning of the property; and the nature in which the property is to be used. A descriptive plat of the property shall be attached to the application. This plat shall indicate the adjoining property and the names of the owners of this adjoining property; detail measurements of the property; and the north point.

(c)

The applicant shall return the completed application to the municipality along with a check for fifty dollars ($50.00), which is a fee to process the rezoning request. The applicant shall be the owners of the property.

(d)

Copies of the completed application shall be sent to members of the governing body and the planning and zoning commission by the municipal clerk; the clerk also shall send a copy of the application to the building inspector, who shall see that the application is complete. The building inspector shall place a placard on the property; this placard shall state that application has been made to rezone the property in question.

(e)

After it has been deemed by the building inspector that the application is complete, such official shall have the authority to advertise in the official journal (three (3) times) that there shall be a planning and zoning commission public hearing and a town public hearing.

(f)

Should the planning and zoning commission or the town hold a regular meeting prior to the public hearing dates, the application may be discussed, but no formal action shall be taken with respect to same.

(g)

The planning and zoning commission shall hold its public hearing, which shall be attended by the petitioner or petitioner's representative. In a final report, the planning and zoning commission shall recommend to the governing body that the request for rezoning be approved or denied. The planning and zoning commission shall state its reasons for its recommendations.

(h)

The final report from the planning and zoning commission shall be received by the governing body before it holds its public hearing with respect to any rezoning request.

(i)

The governing body shall hold its own public hearing after the legal requirements of the advertisement have been met.

(j)

After the governing body's public hearing, it shall move to approve or deny the request for rezoning. The governing body has final authority to approve or deny the rezoning request.

(Mo. of 3-9-82)