(a)

For the purpose of promoting the public health, safety, morals and general welfare, in addition to reasons set forth in section 38-1, the town council hereby adopts and sets forth the procedure of this article to amend or repeal, and to provide for the administration, interpretation, and enforcement of this chapter, or any part thereof, on its own motion, on the petition of any person, group, or corporation, or on the recommendation of the planning board.

(b)

This chapter, and all amendments thereto, shall be consistent with the town's duly adopted comprehensive plan and shall provide for the implementation of this plan.

(c)

The town council shall refer every proposed amendment to the planning board for review and recommendation prior to the public hearing on the amendment.

(Ord. of 6-23-1994, art. X, § 1)

(a)

Upon application to the town council and filing at the office of the town clerk, all proposals for adoption, amendment or repeal of this chapter or zoning maps, shall be referred to the planning board.

(b)

All applications shall be accompanied by a filing fee of $150.00, in addition to a fee of $50.00, to cover expenses, both made payable to the town. These two fees must be received by the town clerk before action on the proposed amendment can be taken. Should expenses incidental to the amendment fall below the fees collected, the balance shall be returned to the applicant. Should expenses exceed fees collected, the applicant shall be billed accordingly.

(c)

Upon receipt of such an application, the town clerk shall notify the planning board, which shall submit an advisory opinion to the town council within 45 days.

(d)

The town council shall hold a public hearing within 65 days of the receipt of the proposal, giving proper notice as described in section 38-431.

(e)

A decision shall be rendered on any such proposal within 45 days after the date of completion of the public hearing. The provisions of this subsection pertaining to deadlines shall not be construed to apply to any extension consented to by the applicant.

(Ord. of 6-23-1994, art. X, § 2)

Any petition, motion or recommendation for an amendment to this chapter shall be made in writing, and shall contain the following information:

(1)

A precise description of the proposed amendment or change;

(2)

A precise description of the property which is the subject of the proposed amendment, including its location, the exact boundaries, and the extent and nature of the improvement;

(3)

The full name and address of the owners of record and beneficial owners of the subject property; and

(4)

The full names and addresses of the owners of all property that abuts the subject property.

(Ord. of 6-23-1994, art. X, § 3)

(a)

Submission; evaluation. All materials and information submitted in support of a proposed amendment shall be submitted to the planning board. The planning board shall solicit comments and/or other technical assistance from all relevant town departments, officers or commissions in order to evaluate the potential impact of the amendment on the environment, resources and facilities of the town.

(b)

Proposals to amend the text of this chapter. The planning board, in evaluating proposals to amend the text of this chapter, shall consider the following:

(1)

Whether the amendment is consistent with the aims and principles embodied in this chapter;

(2)

Whether the amendment is consistent with the town's comprehensive plan;

(3)

How and where the amendment will affect the town's land uses, buildings and facilities;

(4)

How and where the amendment will affect the town's natural land and water resources; and

(5)

Whether and how the amendment will affect other regulations.

(c)

Proposals to amend the official zoning map. The planning board, in evaluating proposals to amend the town's official zoning map, shall consider the following:

(1)

Whether the uses permitted by the proposed amendment are appropriate in the affected area;

(2)

Whether existing public facilities, utilities and services, including roads, are adequate to serve the demand that may result from the proposed amendment; and, if not, whether adequate public facilities, utilities and services are likely to be created;

(3)

Whether the proposed amendment is consistent with existing or proposed plans in the vicinity of the affected area; and

(4)

Whether the proposed amendment will promote the development of the town as contemplated in the town's comprehensive plan.

(Ord. of 6-23-1994, art. X, § 4)

Following its review, the planning board shall prepare a written report and recommendation for the town council. The report shall include a discussion of the factors of this article and the reasons supporting the recommendation. The report shall include:

(1)

A statement on the general consistency of the proposal with the town's comprehensive plan, including the goals and policies statement, the implementation program, and all other applicable elements of the comprehensive plan; and

(2)

A demonstration of recognition and consideration of each of the applicable purposes of zoning, as presented in article I of this chapter.

If the planning board recommends that the town council adopt the amendment, the report shall also describe any conditions which warrant the amendment. The failure of the planning board to submit a report to the town council shall be deemed to constitute a recommendation for adoption of the proposed amendment.

(Ord. of 6-23-1994, art. X, § 5; Ord. of 10-26-2023(8))

(a)

No zoning ordinance shall be adopted, repealed or amended until after a public hearing has been held upon the question before the town council. The town council shall first give notice of such public hearing by publication of notice in a newspaper of general circulation within the town at least once each week for three consecutive weeks prior to the date of such hearing, which may include the week in which the hearing is to be held, at which hearing opportunity shall be given to all persons interested to be heard upon the matter to the proposed ordinance. Written notice, which may be a copy of the newspaper notice, shall be mailed to the associate director of the division of planning of the state department of administration and, where applicable, to the parties specified in subsections (b), (c), (d) and (e) of this section at least two weeks prior to the hearing. Such newspaper notice shall be published as a display advertisement, using a type size at least as large as the normal type size used by the newspaper in its news articles, and shall:

(1)

Specify the place of the hearing and the date and time of its commencement;

(2)

Indicate that adoption, amendment or repeal of a zoning ordinance is under consideration;

(3)

Contain a statement of the proposed amendments to the ordinance that may be printed once in its entirety, or summarize or describe the matter under consideration;

(4)

Advise those interested where and when a copy of the matter under consideration may be obtained or examined and copied; and

(5)

State that the proposal shown thereon may be altered or amended prior to the close of the public hearing without further advertising, as a result of further study or because of the views expressed at the public hearing. Any such alteration or amendment must be presented for comment in the course of the hearing.

(b)

Where a proposed general amendment to an existing zoning ordinance includes changes in an existing zoning map, public notice shall be given as required by subsection (a) of this section.

(c)

Where a proposed general amendment to an existing zoning ordinance includes a specific change in a zoning district map but does not affect districts generally, public notice shall be given as required in subsection (a) of this section with the additional requirements that:

(1)

Notice shall include a map showing the existing and proposed boundaries, zoning district boundaries, and existing roads and their names, and town boundaries, where appropriate; and

(2)

Written notice of the date, time and place of the public hearing and the nature and purpose thereof shall be sent to all owners of real property whose property is located within 200 feet of the perimeter of the area proposed for change, whether within the town or within an adjacent town in which the property is located.

(d)

Notice of a public hearing shall be sent by first class mail to the town council of any town to which one or more of the following pertain:

(1)

Which is located within 200 feet of the boundary of the area proposed for change; or

(2)

Where there is public or quasipublic water source, or private water source that is used or is suitable for use as a public water source, within 2,000 feet of any real property that is the subject of a proposed zoning change, regardless of municipal boundaries.

(e)

Notice of a public hearing shall be sent to the governing body of any state or municipal water department or agency, special water district or private water company that has riparian rights to a surface water resource and/or surface watershed that is used, or is suitable for use, as a public water source and that is within 2,000 feet of any real property which is the subject of a proposed zoning change; provided, however, that the governing body of any state or municipal water company has filed with the building inspector in the town a map survey, which shall be kept as a public record, showing areas of surface water resources and/or watersheds and parcels of land within 2,000 feet thereof.

(f)

No defect in the form of any notice under this section shall render any ordinance or amendment invalid, unless such defect is found to be intentional or misleading.

(g)

Costs of any notice required under this section shall be borne by the applicant.

(h)

In granting a zoning ordinance amendment, the town council may limit the change to one or more of the permitted uses in the zone to which the subject land is rezoned, and impose such limitation:

(1)

Requiring the petitioner to obtain a permit or approval from any and all federal, state or local governmental agencies having jurisdiction over the land and use which are subject to the zoning change;

(2)

Relating to the effectiveness or continued effectiveness of the zoning change; and/or

(3)

Relating to the use of the land as it deems necessary.

The building inspector and the town clerk shall cause the limitations and conditions so imposed to be clearly noted on the zoning map and recorded in the land evidence records; provided, however, that in the case of a conditional zone change, the limitations, restrictions and conditions shall not be noted on the zoning map until the zone change has become effective. If the permitted use for which the land has been rezoned is abandoned or if the land is not used for the requested purpose for a period of two years or more after the zone change becomes effective, the town council may, after a public hearing as set forth in this section, change the land to its original zoning use before such petition was filed. If any limitation, condition or restriction in an ordinance amendment is held to be invalid by a court in any action, that holding shall not cause the remainder of the ordinance to be invalid.

(Ord. of 6-23-1994, art. X, § 6)