(A) If a petition opposing a change in the zoning classification of any property is filed in accordance with the provisions of this section, then the proposed amendment may be adopted only by a favorable vote of three-fourths of the Board of Commissioners membership.
(B) To trigger the three-fourths’ vote requirement, the petition must:
(1) Be signed by the owners of 20% or more either of:
(a) The lots included in a proposed change;
(b) The lots within 100 feet of either side or the rear tract to be rezoned; or
(c) The lots directly opposite the tract to be rezoned and extending 100 feet from the street frontage of such opposite lots.
(2) Be in the form of a written petition actually bearing the signatures of the requisite number of property owners, and state that the signers do protest the proposed change or amendment;
(3) Be received by the Town Clerk in sufficient time to allow the town at least two normal working days before the date established for a public hearing to determine the sufficiency and accuracy of the petition; and
(4) Be on a form provided by the Town Clerk, and contain all the information that is requested by said form.
(Ord. passed 12-20-2001) Penalty, see § 152.999