The regulations imposed and the zone districts created at the time of adoption of the ordinance codified in this title may be amended from time to time in accordance with the statutes of the state. Such amendments may be made whenever the public necessity, health, safety, general welfare and/or good land use plan- ning and zoning practices justify such action. After appropriate review and recommendation by the town board, the town board may amend this title only after it has held the prescribed public hearing of such amendment.

(Ord. 104 Art. 18 §1, 1982)

A petition for the amendment of any portion of this zoning title may be initiated by the town board, or any persons in interest.

(Ord. 104 Art. 18 §2, 1982)

After receiving a zoning amendment, the town board shall hold a public hearing on the matter before acting on the proposed amendment.

A.

It is the responsibility of the petitioner to publish public notice of the scheduled public hearing in a newspaper of general circulation in the town at least one and not less than fifteen days nor more than forty-five days prior to the scheduled date of the hearing. Prior to publication, the petitioner must have the public notice approved by the town board for content.

B.

In addition to published notice, if the proposed amendment is to amend the zoning map, the petitioner shall notify the owners of the land immediately adjoining the area affected by the proposed zoning map amendment by first-class mail of the proposed revision and hearing on such at least fifteen days prior to the scheduled date for hearing.

C.

In addition to the above, the town board may require the petitioner to post the property in question with sign(s) informing the public of the scheduled hearing. Said sign(s), if required, shall notify the general public of the date, time, place, and purpose of the meeting and shall include the present and requested zoning of the property in question.

D.

At the public hearing the town board shall provide opportunity for parties in interest and citizens to be heard.

(Ord. 104 Art. 18 §3, 1982)

Within five days after the decision by the town board, the applicant shall be notified of approval or denial of the amendment. If denied, the notification shall include the reasons for the denial.

(Ord. 104 Art. 18 §4, 1982)

A.

After holding the required hearing and denying a rezoning request, the board cannot reconsider the request without another notice and hearing.

B.

In the event that the proposed amendment is denied by the town board, no new request for the same or substantially same amendment shall be accepted by the town board for a period of six months from the date of such denial.

(Ord. 104 Art. 18 §5, 1982)