The regulations, restrictions and boundaries set forth in this ordinance may, from time to time, be amended, supplemented, changed or repealed, provided, however, that no such action may be taken until after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. Public hearing shall be advertised as required by section 14 of this ordinance.

Any proposed amendment shall be submitted to the planning commission for report and recommendation prior to any action thereon by the town council.

In case of a protest against such changes signed by the owners of 20 percent or more, either of the area of the lots included in such proposed change, or of those immediately adjacent thereto extending 100 feet therefrom, or of those directly opposite thereto, extending 100 feet back from the street frontage of such opposite lots, such amendment shall not become effective except by the favorable vote of three-fourths of all the members of the town council.

When a zoning amendment is adopted by the Smyrna Town Council for a "zoning map change," the amendment shall take effect on the date of passage. However, every two years beginning January 1, 1999, the Mayor and Council will review all Zoning Map amendments made during the preceding two years to determine if those amendments:

1.

Remain consistent with the Comprehensive Land Use Plan or if the reasons stated for approving any amendment not consistent with the Plan remain valid.

2.

Remain consistent with the surrounding zoning.

3.

Remain consistent with the goals of the town council for development in the surrounding area.

EXCEPTION: Any property that has completed 50 percent of the proposed construction of the entire rezoned property.

For purposes of this exception, proposed construction shall include all capital improvements shown on any plot plan, site plan or subdivision plan approved by the town. Engineering, surveying, legal and governmental costs shall not be considered construction.

For purposes of this exception, rezoned property shall mean the entire property described in the rezoning application regardless of whether the property is subsequently divided. If one property is rezoned into more than one new zone, each new zone shall be considered a rezoned property and development on one will not satisfy the requirements of any other.

Following review by mayor and council a resolution will be adopted as follows:

1.

Proposing no changes.

2.

Scheduling one or more amendments (including a proposed new zoning district designation) for public hearing with the planning commission for rezoning.

(Ord. of 2-18-97(3))