§ 9-225. Amendments; hearings.

(a)

The zoning commission is hereby charged and delegated the authority to put into effect and enforce the provisions of this chapter. It shall be the zoning commission's function to recommend the boundaries of the various original districts as well as the restrictions and regulations to be enforced therein and any supplements, changes or modifications thereof. The zoning commission with prior written approval of mayor and board of aldermen may from time to time, on its own motion, or on petition, amend, supplement or change the regulations, restrictions and the boundaries of the commission made after public hearing at which citizens shall have an opportunity to be heard. Whenever the owners of 50 percent or more of the area to be affected by the proposed change to be determined by lines draw parallel to and 200 feet distant from the boundaries of proposed area to be changed, shall present a petition duly signed to the mayor and board of aldermen requesting an amendment, supplement or change in the regulations prescribed for the district, zone or part thereof, it shall be the duty of the mayor and board of aldermen to refer the petition to the zoning commission within 90 days after the filing of the petition. The petition shall be accompanied by a check in the sum of $200.00, made payable to the town to reimburse the town for any expenses incurred in the matter, and there shall be attached to the petition a plat or sketch showing the property proposed to be changed and the names of the property owners signing in favor of the change filling in the plat or sketch.

(b)

Before making any recommendation to the mayor and board of aldermen, the zoning commission shall hold a public hearing. Notice of the time and place of the hearing shall be published in the official journal of the town once a week in three different weeks and at least 15 days shall elapse between the first publication and the date of the hearing. At the public hearing, the zoning commission shall, before reaching any decision and conclusion upon which it shall make its final recommendations to the mayor and board of aldermen, consider the following factors in making its recommendation:

(1)

Lessening the congestion in public streets;

(2)

Securing safety from fire;

(3)

Promoting health and general welfare;

(4)

Providing adequate light and air;

(5)

Avoiding undue concentration of population;

(6)

Facilitating adequate transportation, water supply, sewerage, schools, parks and other public requirements;

(7)

Reasonable consideration of the character of the district, and its particular suitability for particular uses; or

(8)

Reasonable consideration with a view to conserving the value of the buildings and encouraging the most appropriate use of land throughout the town.

(c)

After the hearing has been held by the zoning commission, it shall reach a conclusion immediately, or may take the matter under advisement, however, in either case, it shall make a report of its findings and recommendations to the mayor and board of aldermen.

(d)

The mayor and board of aldermen shall then take such action as it deems advisable in the premises.

(e)

In the event of a protest against a change, duly signed by the owners of 20 percent or more, of the area to be affected by a proposed change, the amendment shall not become effective except by the favorable vote of three-fifths of the members of the board of aldermen.

(Ord. No. 108, § 19.34, 9-4-79; Ord. No. 318, 3-26-07)

Cross reference

Planning commissions and boards, § 9-101 et seq.