i. Standard Zoning . This process involves the property owner requesting to change the existing property’s zoning to a different zoning permitted in the Land Development and Ordinance. The Planning Board shall make a recommendation to the Town Board of Commissioners regarding a proposed zoning district change. The standard zoning allows any use that is permitted by right within the proposed zoning district, and therefore discussion on proposed uses or a particular use or activity is prohibited on such property for rezoning. Otherwise, such information would be considered “contract zoning”, which is illegal under State law. As part of the application, maps shall be submitted with, at a minimum, the following information, but not limited to:
1. All property lines with metes and bounds, north arrow, scale and title of the map
2. Adjoining street names and rights-of-way
3. The location and use of existing structures, if applicable
4. The present zoning and proposed zoning with acreage
5. The existing zoning of all adjacent properties to the proposed zoning
ii. Conditional Zoning . A conditional zoning is a legislative process and decision, and subject to judicial review, using the same procedures and administration as the general use zoning district. However, conditional zoning applies to a proposal by a property owner/developer in which the development and/or use of property is subject to the predetermined ordinance standards applicable to the corresponding general use district as well as additional rules, regulations, and conditions that are imposed by the applicant as part of the legislative decision creating the conditional zoning. In no case shall application of zoning conditions supersede regulations within the general use zoning district nor be less restrictive than regulations within the general us zoning district. Conditional zoning petitions shall comply with the following:
1. Planning Board R eview. The Planning Board shall review a conditional zoning application, conduct a required legislative hearing
Made with FlippingBook interactive PDF creator