§ 16-318. Action by the applicant.

(a)

Initiation of amendments.

(1)

Proposed changes or amendments to the zoning map may be initiated by the board of commissioners, planning board, town administration, board of adjustment or by the owner, or his agent, of property within the area proposed to be changed.

(2)

Proposed amendments to the text of the ordinance may be initiated by any interested party.

(b)

Application. An application for any change or amendment shall contain a description and/or statement of the present and proposed zoning regulation or district boundary, and the names and addresses of the owners of the property involved. Such application shall be filed not later than two weeks prior to the meeting of the planning board at which the application is to be considered, and in all cases with enough lead time to properly advertise.

(c)

Fees. A nonrefundable fee shall be paid to the town for each application for an amendment, to cover costs of advertising and other administrative expenses involved.

(d)

Public hearing notices. When a change in the zoning classification of a piece of property is requested, the applicant shall provide to the zoning administrator/building inspector a list of names and addresses, as obtained from the county tax listings and tax abstract, of all adjacent property owners and all owners of property within the area under consideration for rezoning, along with one set of business (No. 10) envelopes stamped with a first class stamp and addressed to each person on the list. These addressed envelopes and the list shall be submitted at least 14 workdays prior to the public hearing. The zoning administrator/building inspector shall then mail notices of the public hearing to each person on the list and shall certify that fact to the board of commissioners. Such certification shall be deemed conclusive in the absence of fraud.

(e)

Reapplication for amendment. With the exception of requests originating with the planning board, board of adjustment or town administration, an application for any rezoning of the same property or any application for the same amendment to the zoning ordinance text shall be permitted only once within any six-month period. The board of commissioners, by 80 percent affirmative vote of its total membership, may waive this restriction if it finds any emergency exists.

(Ord. No. 95-008, § 5.2, 12-13-1995)