§ 42-48. Changes and amendments.

(a)

Authority. Subject to the provisions of applicable law, the town board may from time to time, after first submitting the proposal to the town plan commission for report and after notice and public hearing, as hereinafter provided, amend, supplement, or change the boundaries of districts or the regulations as established herein or which may be subsequently established. Such proposal may be initiated by the board on its own motion, by recommendations of the town plan commission, or by petition of one or more property owners.

(b)

Procedure; filing of petitions. All petitions for any change in the text or map of the zoning ordinance submitted by any person or agency other than the town board or the town plan commission shall be prepared on printed forms provided by the town. Such petition shall be filed with the town clerk-treasurer and shall be accompanied by a fee established by resolution, payable to the town to defray the cost of advertising, investigation and possible changes in the text or map of this zoning ordinance.

(c)

Data required. In addition to all information required on the petition form, the petitioner shall supply the following:

(1)

A plat of survey drawn to a scale of not less than 200 feet to the inch, showing the land in question, its location, the length and direction of each boundary thereof, the location and existing use of all buildings on such land, and the principal use of all properties within 300 feet of such land. The number of copies shall be a minimum of 13 or as determined by the town board.

(2)

The names and addresses of the owners of all property within 300 feet of any part of the land included in the proposed change.

(3)

When a petition for change of zoning of any lands in the town is filed requesting a change of zoning to a classification other than residence, conservancy or agricultural, the applicant shall submit a detailed proposed development plan for the lands involved. Such development plans shall be filed in triplicate and shall show the architectural design of the building to be constructed, the type of materials to be used in such construction, size of each building proposed to be constructed, the location of each building with reference to each other and with reference to boundary lines of lands involved, the nature and type of business or industry to be conducted on said premises and within the building proposed to be constructed thereon, roadways and driveways to be constructed, parking areas to be provided, public highways or highways adjacent to the lands involved, drainage facilities to be provided, the location, size and type of all signs or advertising media to be constructed on the site, construction schedules to be followed, and any further information which may be required by the town plan commission to facilitate the making of a comprehensive report to the town board.

(d)

Procedure.

(1)

The town clerk-treasurer shall schedule a public hearing to be held jointly by the town plan commission and the town board. Publication and notice of the time and place of said hearing shall be provided as set forth in section 42-49(b).

(2)

The town clerk-treasurer shall transmit without delay one copy of such notice and one copy of the development plan, where required, to the town plan commission and town board, and one copy of such petition and one copy of the development plan to the county park and planning commission.

(3)

Upon completion of the public hearing, the plan commission will consider the testimony taken at the public hearing, along with the detailed development plan submitted to them by the applicant along with any other pertinent information regarding the proposed amendment. It shall review all pertinent technical information and make a recommendation to the town board relative to whether or not the proposed amendment should be approved, modified and approved, or denied.

(4)

Upon receipt of the plan commission's recommendation relative to the proposed amendment, the town board shall consider such recommendation and shall either approve, approve and modify, or reject the amendment.

(5)

In case of protest against such change duly signed and acknowledged by the owners of 20 percent or more either of the areas of land included in such proposed amendment, supplement or change, or by the owners of 20 percent or more of the area of the land directly opposite hereto extending 100 feet from the street frontage of such opposite land, or in the event that such change is contrary to the recommendation of the town plan commission, such amendment, supplement or change shall require a¾ vote of the members of the town board.

(6)

If approved, the town board shall cause to be drafted an ordinance amending the zoning ordinance and shall submit three signed copies of the amending ordinance to the county park and planning commission and the county clerk for review, report and approval by the county board. A copy of the minutes of the public hearing held thereon shall accompany the amending ordinance sent to the county. Any such change or amendment shall become effective in the town upon the approval of the county board.

(Ord. of 10-24-2017, § 13-2-22)