[Amended 9-9-2013 by Ord. No. 2013-04]
The Town Council of the Town of Milton may, from time to time, on its own motion or on petition or upon recommendation by the Planning and Zoning Commission, amend, supplement or change by ordinance the boundaries of the districts or the regulations herein established under this chapter after public notice and hearing in each case. All proposed amendments of the regulations or districts herein established shall be filed in writing in a form required by the Town Council. A fee may be required from the applicant for a zoning change as established in the currently applicable Town of Milton Fee Schedule.
[Amended 10-6-2014 by Ord. No. 2014-08]
Every proposed amendment, unless initiated by the Planning and Zoning Commission, shall be referred by the Town Council to the Planning and Zoning Commission. The Planning and Zoning Commission shall report in writing its recommendations thereon to the Town Council and the Code Enforcement Officer, accompanied by a full statement of the reasons for such recommendations, prior to the public hearing. If the Planning and Zoning Commission fails to report within a period of 45 days from the date of receipt of notice or such longer time as may have been agreed upon by it and the Town Council, the Town Council may act without such report. If the Planning and Zoning Commission recommends disapproval of the proposed amendment, or recommends modification thereof, the Town Council shall not act contrary to such disapproval or recommendation except by a simple majority vote.
Wherever the owners of 50% of the frontage directly adjacent to a property subject to a proposed amendment shall present a petition duly signed and acknowledged to the Town Council, requesting an amendment, supplement, change or repeal of the regulations prescribed for such district or part thereof, it shall be the duty of the Town Council to vote upon said petition within 90 days after filing of the same by the petitioners with the Town Clerk.
The Town Council of the Town of Milton shall, by resolution, fix the time and place of the public hearing and cause notice to be given as follows:
A. 
By publishing notices of the proposed amendment and the time and place of the public hearing in a newspaper of general circulation in the Town, not less than 15 days prior to the date of public hearing.
B. 
By giving written notice of hearing to any required municipal, county, state or federal agency in a manner prescribed by law.
C. 
The applicant shall notify all owners, within 200 feet of the boundaries of the property that is the subject matter of the petition, of the time and date for the public hearing on the proposed change or amendment or proposed land use by sending such property owners a copy of the notice that is published in a paper of general circulation. Such notices shall be sent certified mail return receipt requested to property owners a minimum of 10 days prior to the date scheduled for the public hearing. A list of properties mailed to, copies of proof of mailings and return receipts shall be provided to the Code Enforcement Officer five days prior to the public hearing.
[Amended 1-9-2023 by Ord. No. 2022-008]
D. 
In addition to any public notice required by this article, the Town Manager shall cause to be posted at one or more prominent and easily visible places on the property that is the subject of the change of zoning application, on an eighteen-inch by twenty-four-inch placard, a public notice setting forth the date and time when the Town Council has scheduled a the public hearing on the change of zoning application; the name of the applicant; a description and size of the property involved; and a statement, in plain language, of the matter involved. One such notice sign shall be posted for each street where said property fronts. It shall be the responsibility of the applicant to maintain the notice signage in good condition during the posting period. Said notice signage shall be posted at least 15 days prior to the meeting date of the public hearing.
[Added 1-9-2023 by Ord. No. 2022-008]
If a protest against the proposed amendment is presented to the Town Council, duly signed and acknowledged by the owners of 20% or more of the area of land included in such proposed amendment, or by the owners of 20% or more of the area of land immediately adjacent extending 100 feet therefrom, or by the owners of 20% or more of the area of land directly opposite thereto extending 100 feet from the street frontage of such opposite land, such amendment shall not be passed except by the favorable vote of at least a three-fourths majority of the Town Council.
The Town Council shall set the public hearing as required and shall render its decision within 60 days of the receipt of the Planning and Zoning Commission's report. If the Town Council deems it advisable, it may require as a condition for approval of the amendment that the amended area be put to use within a reasonable length of time.
[Amended 12-7-2009 by Ord. No. 2009-001]
The Town Council shall notify the applicant of its decision, and any amendment thereof, in writing within five days after the decision has been rendered.