§ 152.137  PUBLIC HEARING; ZONING CLASSIFICATION ACTION.
   (A)   No amendment shall be adopted by the Town Board of Commissioners until they have held a public hearing on the amendment, and shall have given the Planning Board at least 30 days after the public hearing to make a recommendation concerning the amendment. In the case of a rezoning to a special use district, the Planning Board shall be given 30 days before the hearing to review and make a recommendation on both the rezoning and the special use permit application, and the Town Board shall hold a public hearing on both the proposed rezoning and the special use permit request. Notice of the hearing shall be given as follows.
      (1)   Notice of the hearing shall be published in a newspaper of general circulation in the town area at least once a week for two successive calendar weeks prior to the hearing.
      (2)   The initial notice shall appear not more than 25 days, nor less than ten days prior to the hearing date. In computing such period, the day of publication is not to be included, but the day of the hearing shall be included.
   (B)   Whenever there is a zoning classification action after October 1, 1985 involving a parcel of land, the owner of that parcel of land as shown on the county tax listing, and the owners of all parcels of land abutting that parcel of land as shown on the county tax listing, shall be mailed a notice of the proposed classification by first class mail at the last addresses listed for such owners on the county tax abstracts. The person or persons mailing such notices shall certify to the Town Board that fact, and such certificate shall be deemed conclusive in the absence of fraud. This provision shall not apply when a total rezoning of all property within the corporate boundaries of the town takes place.
(1992 Code, § 152.122)  (Ord. passed 11- -1988)