The legislative body of the Town of Topsham
may from time to time amend the boundaries of the zones established
on the Official Zoning Map or the regulations set forth in this chapter.
[Amended 10-3-1994 STM, Art. 10; 5-20-1998 STM, Art. 36; 5-20-2004 STM, Art.
6; 5-21-2008 ATM, Art. 11]
A.
Proposed amendment by municipal officers, Planning
Board or upon petition. If either the municipal officers or the Planning
Board desires to propose any changes to this chapter, or if a citizen
petition as set forth herein is brought, the following procedure shall
be followed:
(1)
If the proposal is initiated by the municipal officers,
they shall formally request the Planning Board to hold a public hearing
as set forth below and to carry out the other procedural requirements
of this section.
(2)
If the proposal is initiated by the Planning Board,
it shall be by majority vote of the Board.
(3)
If a petition requesting amendment of this chapter,
signed by at least 5% of the registered voters of the Town, is filed
with the Planning Board, the Board shall promptly request the Registrar
to verify the signatures, and, if the Board verifies that the signatures
are valid, the Planning Board shall then carry out the other procedural
requirements of this section.
(4)
As soon as the amendment procedure is initiated by
any of the above methods, the Board shall give public notice of a
public hearing on the proposed changes. The notice shall contain the
time, date and place of hearing and sufficient detail about the proposed
changes as to give adequate notice of their content. If the proposed
changes are extensive, a brief summary of the changes, together with
an indication that a full text is available at the Town Clerk's office,
shall be adequate notice.
(5)
The public hearing shall be held by the Planning Board.
The public notice requirements are as specified:
(a)
The Planning Board shall:
[1]
Give written notice, with sufficient information
to identify the property, including a copy of a map indicating the
property be rezoned, the zone change requested and the applicant to
all property owners of record (as evidenced by the Town tax files)
within 200 feet to the subject property. This notice shall be sent
by regular United States Mail, first class, postage prepaid, at least
14 days prior to the schedule hearing. Failure of any actual property
owner to receive such notice, for any reason, shall not invalidate
the amendment proceedings.
[2]
Publish a copy of such notice in a newspaper
of general circulation in the Town, at least twice in such paper,
with the first publication at least 14 days prior to the scheduled
date of the hearing and the date of the second publication must be
at least seven days before the hearing. The notice must be written
in plain English, understandable by the average citizen.
[3]
Post notice of such hearing in the Town offices
at least 14 days before the date of the hearing.
(b)
All notices, whether posted, published or mailed
must contain a copy of the map indicating the property to be rezoned.
