(A) Notice and legislative hearing. No amendment shall be adopted by the Town Commissioners until after public notice and hearing. Notice of legislative hearing shall be published once a week for two successive calendar weeks in the local newspaper. The notice shall be published the first time not less than ten days prior nor more than 25 days before the date fixed for the hearing. Public notice may also be posted on the property concerned indicating the proposed change and date of legislative hearing.
(B) Before taking such lawful action as it may deem advisable, the Town Commissioners shall consider the Planning Board’s recommendation and consistency statement on each proposed zoning amendment.
(1) Petitions for amendments that receive a favorable recommendation of the Planning Board, or petitions on which the Planning Board fails to make its recommendations within 30 days after the Planning Board’s legislative hearing, shall be scheduled for legislative hearing before the Town Commissioners. Such legislative hearing shall be duly advertised.
(2) Petitions for amendments that receive an unfavorable or adverse recommendation of the Planning Board may be appealed within ten days of the date of such adverse decision, to the Town Commissioners by filing with the Clerk of the Board a notice, in writing, stating therein the action of the Planning Board and the amendment requested. Before taking action on any proposed amendment, the Town Commissioners shall hold a legislative hearing. Legislative hearings on proposed zoning amendments will be held at such times as the Town Commissioners shall decide.
(‘85 Code, § 15-9.3) (Ord. 33, passed 10-5-81; Am. Ord. 4-84, passed 2-6-84; Am. Ord. 16-85, passed 11-4-85; Am. Ord. 92-12, passed 9-23-92; Am. Ord. 21-10, passed 6-15-21)