(a)

The town council may, on its own motion or upon motion or upon petition by any person within any zoning jurisdiction of the town, after public notice and hearing, amend, supplement, change, modify or repeal the regulations herein established or the maps which are part of this chapter, subject to the rules prescribed in this article. No regulation or map shall be amended, supplemented, changed, modified or repealed until after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. Prior to adopting or rejecting any zoning amendment, the planning board shall adopt a statement describing whether its action is consistent with the adopted town comprehensive land use plan and explaining why the planning board considers the action taken to be reasonable and in the public interest. That statement is not subject to judicial review. A notice of such hearing shall be given one a week for two successive calendar weeks in a newspaper of general circulation in the town, said notice to be published the first time not less than ten days nor more than 25 days prior to the date fixed for the hearing.

(b)

In addition and where a zoning map amendment is proposed, the town shall cause to be placed a sign on the subject property announcing the date, time, and place of the public hearing for the purpose of notifying persons of the proposed rezoning.

(Code 1988, § 11-14.01; Ord. No. 06-08-02, art. III, § 1, 10-3-2006)

(a)

Every proposed amendment, supplement, change, modification, or repeal to this chapter shall be referred to the planning board for its recommendation and report. If no written report is received from the planning board within 30 days of referral of the amendment to that board, the town council may proceed in its consideration of the amendment without the planning board report. The town council is not bound by the recommendations, if any of the planning board.

(b)

All petitions for a change in the zoning map shall include a legal description for the property involved, the names and addresses of current abutting property owners, and a copy of all or a portion of the applicable tax or zoning map with the applicable property outlined. The planning board shall advise and comment on whether the proposed amendment is consistent with the town comprehensive land use plan and any other officially adopted town plan that is applicable. The planning board shall provide a written recommendation to the town council that addresses plan consistency and other matters as deemed appropriate by the planning board, but a comment by the planning board that a proposed amendment is inconsistent with the town comprehensive land use plan shall not preclude consideration or approval of the proposal by the town council.

(Code 1988, § 11-14.03; Ord. No. 04-03-01, art. II, § 4, 6-1-2004; Ord. No. 06-08-02, art. III, § 3, 10-3-2006; Ord. No. 2020-07-01, art. III, pt. I, 7-21-2020; Ord. No. 2021-05-03, art. III, pt. V, 5-4-2021)

Editor's note— Ord. No. 2021-05-03, art. III, pts. IV—VI, adopted May 4, 2021, deleted the former § 36-415, and renumbered the former §§ 36-416 and 36-417 as §§ 36-415 and 36-416, respectively. The historical notation has been retained with the amended provisions for reference purposes. The former § 36-415 pertained to protest to zoning district changes and derived from § 11-14.02 of the Code 1988; Ord. No. 06-08-02, art. III, § 2, adopted Oct. 3, 2006.

A fee according to the regularly adopted fee schedule of the town plus the cost of the required legal advertisement shall be paid to the town, for each application for amendment to this chapter, to cover the costs of advertising and other administrative expenses involved.

(Code 1988, § 11-14.04; Ord. No. 2021-05-03, art. III, pt. VI, 5-4-2021)

Editor's note— See editor's note, § 36-415.

Editor's note— See editor's note, § 36-415.