[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.