(a)

For the purpose of protecting health, safety, morals and general welfare of the town; to secure safety from fire, panic and other dangers; to provide adequate light, air and space; to prevent the overcrowding of land, the avoidance of undue concentration of population within the town limits and for the other purposes authorizing municipal zoning as set forth in the state statutes; the areas within the corporate limits, which limits are specifically set forth in the charter of the town, are hereby divided into zoning districts, with regulations and restrictions for each district as set forth in this chapter. Also, the purpose of this chapter is not only to establish and maintain comprehensive zoning regulations for those portions of the town not heretofore zoned, but to revise, amend and restate comprehensive regulations for the entire town, and for the administration and enforcement thereof, and manner and method of appeals in specific cases, so as to grant special exceptions to or variances from the terms of this chapter in appropriate cases where a literal enforcement of the provisions of this chapter will result in unnecessary hardship or injustice.

(b)

All land use and land development shall be in accordance with the town's comprehensive plan and these regulations. Where these regulations differ from the town's comprehensive plan the more restrictive of the two shall be applied.

(Code 1985, § 22-2)

Unless otherwise provided the words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in section 78-1, except where the context clearly indicates a different meaning.

Cross reference— Definitions generally, § 1-2.

(a)

Proposed changes in zoning ordinances may be suggested by the board of commissioners, by the planning and zoning board or by the petition of the owners of 51 percent or more of the area involved in the proposed change. In the latter case, the petitioners shall be required to assume the cost of public notice and other costs incidental to the holding of public hearings as provided in section 98-65.

(b)

The planning and zoning board, regardless of the source of the proposed change, shall hold a public hearing with notice as provided in this chapter and shall submit in writing its recommendations on the proposed change to the board of commissioners. If the recommendation of the planning and zoning board is adverse to the proposed change, such change shall not become effective except by a majority vote of the board of commissioners after due public notice as provided in this chapter.

(c)

This section shall not apply to any land that is currently zoned public ownership or to any parcel or land that is being considered to be rezoned to public ownership. Proposed changes in zoning ordinances for land currently public ownership or being considered to be changed to public ownership shall be by ordinance of the board of commissioners.

(Code 1985, § 22-3)