§ 30-59. Amendments.

(a)

The regulations, restrictions, and boundaries established in this chapter may, from time to time, be amended, supplemented, changed, modified, or repealed by a favorable majority of votes of the town council, provided:

(1)

That a property owner may petition the town council to have their property rezoned by submitting their request in writing to the administrator with payment by certified check in the amount of $40.00 made payable to the town, for advertising and administration.

(2)

That the planning commission and town council hold a public hearing where the parties of interest and citizens shall have an opportunity to be heard.

(3)

That the public hearing notice shall specify the time and place of such hearing by publication once a week for two successive weeks in some newspaper having general circulation in the immediate area. Such notice shall specify the time and place of hearing at which persons affected may appear and present their views, not less than six nor more than 21 days after final publication. Where an amendment affects 25 or less parcels of land, in addition to the requirements of the first two sentences, written notice shall be given at least five days in advance of the hearing date to the owner or owners of each parcel involved, and to the owners of all abutting property, and property which may be situated across a street, right-of-way or other barrier from the property affected. Such notices shall be delivered by certified mail, the cost of which to be defrayed by the applicant. Where more than 25, but less than 500 parcels are involved, delivery by first class mail shall satisfy the requirements of this section.

(4)

That no zoning amendment can be enacted unless the town council has referred the proposed amendment to the planning commission for a report. Failure of the commission to report in 60 days after the first meeting of the commission after the proposed amendment or reenactment has been referred to the commission shall be deemed approval, unless such proposed amendment or reenactment has been withdrawn by the applicant prior to the expiration of such time period.

(5)

That substantially the same amendment when disapproved will not be reconsidered for one year.

(b)

In addition to the above, the town council may initiate an amendment or amendments to this chapter. This shall be accomplished by a resolution of the town council and shall state the public purpose therefore.

(c)

The planning commission may by motion petition the town council to amend this chapter. Such motion shall state the public purpose to be accomplished and shall be accompanied by a report as to the proposed amendment. With the concurrence of the town council, the planning commission shall hold a public hearing in accordance with the provisions of this section.

(Comp. Ords., § 24.16)

(Comp. Ords., § 24.16)