Whenever the public necessity, convenience, general welfare or good zoning practices require, the Town Council may, by ordinance, after receipt of recommendation from the Plan Commission, and subject to the procedures provided by law, amend, supplement, change or repeal the regulations, restrictions and boundaries or classification of property.
(A) All amendments to this chapter shall be in conformance with the then current provisions of state law.
(B) Amendments to this chapter’s text or map may be proposed by:
(1) Town Council or any member of the Town Council;
(2) Plan Commission; and
(3) By the owner or owners of 50% or more of the area involved in the petition.
(C) A petition to amend this chapter shall be filed, on the form provided by the Plan Commission, along with the information requested thereon, with the Clerk-Treasurer of the town or as is otherwise determined appropriate by the Building Commissioner.
(D) The Clerk-Treasurer shall refer the petition to the Plan Commission for public hearing and recommendation.
(E) Following public notice and hearing in accordance with the provisions of state law, the Plan Commission shall take one of the following actions, relative to the petition:
(1) Recommend approval;
(2) Recommend approval subject to modification; provided that, such modifications must be accepted by the petitioner prior to forwarding the Plan Commission’s recommendation to the Town Council;
(3) Recommend disapproval; or
(4) Table and continue the petition in accordance with the rules and procedures of the Plan Commission.
(F) Upon receipt of the Plan Commission’s recommendation, the Town Council shall hold a public hearing on the petition, at which time the Town Council shall take one of the following actions:
(1) Approve the petition; provided, however, that, petitions with an unfavorable recommendation from the Plan Commission shall not be passed, except by an affirmative vote of at least 75% of the members of the Town Council;
(2) Disapprove the petition; or
(3) Table and continue the petition in accordance with the rules and procedures of the Town Council.
(Ord. passed 9-26-2006)