(A) Applications for an amendment to the map or text of the ordinance may be made by any landowner or his or her agent or by the town or any official or body thereof.
(B) Amendments to the map or text of this chapter shall be initiated by application to the Zoning Administrator on prescribed forms. Each application for an amendment to the zone map shall be accompanied by an accurate site plan, building plan, sketch, evidence of interest in property, or other related information as required by the Planning and Zoning Commission or the governing body. Submission of inaccurate information with an application is grounds for denial.
(C) Request for all zone changes shall first be examined by the Planning and Zoning Commission in order to determine if they are spot zoning as defined by this chapter. Any zone change requests determined by the Planning and Zoning Commission to be spot zoning shall not be given a positive recommendation to the governing body unless it is demonstrated that the public welfare be served.
(D) The Planning and Zoning Commission shall hold a public hearing to evaluate proposed zone changes or amendments to this chapter and shall submit its recommendation in writing to the governing body. Notice of the public hearing shall be given in a newspaper of general circulation in the area at least 15 days prior to the meeting.
(E) Applicants requesting a zone change shall post a copy of the prescribed form on the property at the applicant’s expense. Posting shall be in the form of a sign at least 3 feet high and large enough to receive the form. The sign shall be placed in such a location that it can readily be viewed.
(F) If the Planning and Zoning Commission fails to make written recommendation to the governing body following any application for a zone change or amendment to this chapter within 45 days after receipt thereof, then the governing body shall act upon the application without such recommendation by the Planning and Zoning Commission.
(G) The governing body shall conduct a public hearing at which all parties in interest and citizens shall have an opportunity to be heard. Notification of the time and place of the public hearing shall be published in a newspaper of general circulation in the area at least 15 days prior to the hearing. The notice of public hearing published 15 days before the Planning and Zoning Commission meeting shall be considered sufficient notice if it has included the time and place of the public hearing to be held by the governing body. Whenever a change in zoning is proposed, notice of the public hearing shall be mailed by certified mail, return receipt requested, to the owners of land within the area proposed to be changed by a zoning regulation and within 100 feet, excluding public right-of-way, of the area proposed to be changed by zoning regulation.
(Ord. 558, passed 12-8-1986)