(A) Report and recommendation to Town Board. The regulations, restrictions, prohibitions and limitations imposed and the districts created may from time to time be amended, supplemented, changed, modified or repealed by ordinance, but no change shall be made until the Planning Commission, after notice and public hearing, files with the Town Board a report and recommendation on the proposed change.
(B) Application for amendment; fee.
(1) An owner, or his or her duly authorized agent or representative, may make application for the amendment of the zoning restrictions applicable to his or her property by filing with the Planning Commission a written application in such form and content as the Planning Commission may by resolution establish.
(2) An application for amendment shall be accompanied by the payment of a fee as set by the Town Board by motion or resolution. Cost of notice and posting shall be billed to the applicant.
(C) Hearing date; notice.
(1) Upon receipt of an application, the Planning Commission shall set a date for public hearing not less than 20 days nor more than 60 days from the date of filing.
(2) Fifteen days’ notice of the public hearing shall be given by the Planning Commission by publication in an area newspaper. Additional notice shall be given by the posting of a sign or signs on the property.
(D) Actions by Commission. The Planning Commission shall take the following actions:
(1) After notice and public hearing, the Planning Commission shall vote to:
(a) Recommend to the Town Board that the application be approved as submitted, or as amended, or be approved subject to modification; or
(b) Recommend to the Town Board that the application be denied.
(2) An application recommended for approval, or approval subject to modification, shall be transmitted to the town with the report and recommendation of the Planning Commission within 15 days from the date of the Planning Commission action.
(3) An application recommended for denial shall not be considered further, and one-half of the fee required in division (B) above shall be refunded to the applicant unless the applicant, within 15 days from the date of the Planning Commission action, files a written request with the Town Board for a hearing. A fee as set by the Town Board by motion or resolution shall accompany the request for a hearing before the Town Board if the refund hereinabove has been granted to the applicant in appeal. Upon notice of such request and receipt of fee, the Planning Commission shall forthwith transmit the application and its report and recommendation to the Town Board.
(E) Conduct of hearing; action of Town Board.
(1) The Town Board shall hold a hearing on each application regularly transmitted, or which has been transmitted pursuant to an appeal as provided for in this section.
(2) The Town Board shall approve the application as submitted and recommended by the Planning Commission, or approve the application subject to modification, or deny the application, or return the application to the Town Planning Commission for further study.
(F) Protest against amendment. If a written protest against an amendment, change or repeal of this chapter or any part thereof is presented, duly signed and acknowledged by the owners of 20% or more of the area of the lots immediately abutting the territory included in such proposed change or separated therefrom only by an alley or street, or the owners of 50% or more of the area of the lots within a 300-foot radius of the exterior boundary of the territory included in a proposed change; then such amendment shall not be passed except by the favorable vote of three-fourths of the Town Board.
(Prior Code, § 10-2B-3)