[Amended 12-22-2003]
The Town Council may from time to time amend,
supplement or change, by ordinance, the boundaries of the districts
or the regulations herein established. Any such amendment may be initiated
by resolution of the Town Council or by petition of any property owner
addressed to the Town Council. Petitions for change or amendment shall
be on forms and filed in a manner prescribed by the Town Council.
[Amended 5-24-2004; 4-27-2009]
The Town Council shall hold a public hearing
on any proposed amendment, supplement or change after at least 15
days' notice in a newspaper of general circulation in the Town of
Dagsboro. When an applicant petitions for a change of zone, the Town
shall notify, by certified mail with return receipt requested, the
property owners, certified by the applicant for a change of zone or
a change of use, within 100 feet of the boundaries of the property
which is the subject matter of the application, of the time and date
for the hearing on the proposed change or amendment by sending such
property owners a copy of the notice as published in a newspaper of
general circulation. Such notice to property owners shall be sent
and published at least 15 days prior to the time and date of the hearing.
The regulations and restrictions set forth herein
and the boundaries of the various districts may from time to time
be amended, supplemented, changed, modified or repealed. In case,
however, of a protest against such changes, signed by the owners of
20% or more, either of the area lots included in such proposed change,
or of those immediately adjacent thereto extending 100 feet therefrom,
or of those directly opposite thereto, extending 100 feet back from
the street frontage of such opposite lots, such amendments shall not
become effective except that by the favorable vote of 3/4 of all the
members of the Town Council.
Whenever a petition requesting an amendment,
supplement or change has been denied by the Town Council, such petition
or one substantially similar shall not be reconsidered sooner than
one year after the previous denial.
A petition requesting an amendment, supplement
or change, by ordinance, of the boundaries of a zoning district of
the Town's zoning regulations may not be withdrawn within two business
days prior to the day of holding the public hearing before the Town
Council; provided, however, that a petition may be withdrawn thereafter
for good cause shown if a majority of the members of the Town Council
shall vote to allow such withdrawal.
If a petitioner, applicant or appellant fails to appear, or appear by agent, or fails to withdraw his application as provided for in § 275-66 hereof, a petition requesting an amendment, supplement or change substantially similar shall not be reconsidered sooner than one year after the previous failure to appear or failure to withdraw.
