(a)

Rezoning.

(1)

Amendments to the official zoning map involving any change in the boundaries of an existing zoning district, or changing the designation of a district, shall be allowed only upon a determination following public hearing that the following criteria are met: The amendment is not adverse to the public health, safety and welfare; and

a.

The amendment is in substantial conformity with the master plan;

b.

The existing zoning is erroneous; or

c.

Conditions in the area affected or adjacent areas have changed materially since the area was last zoned.

(2)

Rezoning may be requested or initiated by the town, the planning commission, or the owner of any legal or equitable interest in the property or his representative. The area considered for rezoning may be enlarged by the planning commission on its own motion over the area requested in the application as part of its recommendation. Any person desiring an amendment to the zoning regulations shall submit an application on forms provided by the town, accompanied by an application fee as set out in the town fee schedule. The burden shall be on the applicant to show that the criteria of this subsection have been met. No fee or formal application is required for action initiated by the town or planning commission.

(b)

Zoning of additions.

(1)

The planning commission may recommend to the board of trustees a zoning district designation for all property annexed to the town not previously subject to the town zoning. Proceedings concerning the zoning of property to be annexed may be commenced at any time prior to the effective date of the annexation ordinance or thereafter.

(2)

The zoning designation for newly annexed property shall not adversely affect the public health, safety and welfare.

(c)

Legislative zoning. Comprehensive review and reenactment of all or a significant portion of the zoning district map shall be a legislative action, and shall not be required to meet any criteria set out in subsection (a) or (b) of this section.

(d)

Amendments to these regulations may be made only by ordinance.

(e)

All proposals to amend the official zoning map or this chapter may be referred to the planning commission for recommendation.

(f)

Prior to adoption of any ordinance amending the official zoning map or these regulations, a hearing shall be held before the board of trustees, notice of which shall be published at least 15 days in advance.

(g)

In case a protest against such ordinance is filed with the town clerk, at least 24 hours prior to board of trustees' vote on the ordinance, and is signed by the owners of 20 percent or more of the area of the land which is subject to the proposed change or 20 percent or more of the area of land extending a radius of 100 feet from the land which is subject to the proposed change, disregarding intervening public streets and alleys, such changes shall not become effective except by formal vote of two-thirds of all the members of the board of trustees.

(Ord. No. 1988-1, § 1(15.8-17), 7-13-1988)