§ 9-4.13  AMENDMENTS.
   (A)   General. The Board of Town Commissioners may, from time to time, on its own motion or on petition, after public notice and a hearing, as provided by this article, amend, supplement, change, modify or repeal the addressing regulations and assignments. No action shall be taken until the proposal has been submitted to the Planning Board for its recommendation. If no report has been received from the Planning Board within 30 days after submission of the proposal to the Director of the Planning Board, the Board of Town Commissioners may proceed as though a favorable report has been received.
   (B)   Public notification requirements. Before adopting or amending this article, the Board of Town Commissioners shall conduct a public hearing on the proposal. A notice of the public hearing shall be posted once a week for two successive calendar weeks in a newspaper having general circulation in the area. The notice shall be published for the first time not less than ten days, nor more than 25 days, before the appointed date of the meeting.
   (C)   Letter of notification. Whenever there is a proposal for a change in the addressing system involving any portion of an address, the landowner of that parcel's address as shown on the town tax listing, and the landowners of all the parcels of land abutting that parcel of land as shown on the town tax listing, shall be mailed a notice of the proposed change in the address system. The notice shall be mailed by first class mail to the last addresses listed of the landowners according to the town tax abstracts.
   (D)   Protesting a petition or proposal of amendment. No protest against any change in, or amendment to, the addressing ordinance, regulations, proposals or the addressing system, shall be valid or effective unless it is in the form of a written petition. The petition shall bear the names and signatures of the opposing property owners and shall affirm and state the nature of protest to the proposal.
   (E)   Application for amendment.
      (1)   Applications for an amendment to the addressing ordinance shall be filed with the Ordinance Administrator at least ten days prior to the date on which it is to be filed with the Planning Board. The Planning Director shall be responsible for presenting the application to the Board of Town Commissioners. Each application shall be signed, be in a duplicated form, and shall contain the following:
         (a)   The applicant's name and address in full;
         (b)   In the case of a text amendment, it shall set forth the new text to be added and the existing text to be deleted and any other text changes that will have to be made as a result of the effect on the remaining articles, sections, definitions, diagrams or attachments; and
         (c)   If the proposed amendment will change the addressing map, a copy of the addressing map shall be marked to indicate the impact of the proposed amendment to the existing map and shall be presented with the application for amendment.
      (2)   All proposed amendments to the addressing ordinance shall be submitted to the Planning Board for review and recommendation. The Planning Board shall have 30 days to submit its report. If the Planning Board fails to submit its report within the above period, it shall be deemed to have approved the proposed amendment.
      (3)   A public hearing shall be held by the Board of Town Commissioners before the adoption of any proposed amendments to the addressing ordinance. When the Board of Town Commissioners shall have denied any application for the change of a portion or matter of the addressing ordinance, it shall not thereafter accept any other application for the same change involving that portion or matter of the ordinance until the expiration of six months from the date of the previous denial.
      (4)   Before any action shall be taken on an amendment request, the party or parties proposing or recommending the amendment shall, with the petition for the change, deposit any required fee with the Planning and Zoning Director at the time the petition is filed to cover publication and other miscellaneous costs for the change. Under no condition shall the fee, or any part thereof, be refunded for failure of the amendment to be adopted. However, in the event an application is withdrawn prior to the time it is ordered advertised for hearing by the Planning and Zoning Director, three-fourths of the fee shall be refunded.
(2003 Code, § 9-4.13)  (Adopted 9-7-1993)