31.1 - Purpose
The purpose of this regulation is to give minimum standards that shall be required to amend these Regulations and/or to change zone boundaries established by these Regulations.
31.2 - Statutory Requirements:
A. No such regulation or boundary shall become effective or be changed until after a public hearing in relation thereto, held by a majority of the members of the Commission or a committee thereof appointed for that purpose consisting of at least five (5) members, at which parties in interest and citizens shall have an opportunity to be heard. Notice of the time and place of such hearing shall be published in the form of a legal advertisement appearing in a newspaper having a substantial circulation in such municipality at least twice at intervals of not less than two days, the first not more than fifteen (15) days nor less than ten (10) days, before such hearing, and a copy of such proposed regulation or boundary shall be filed in the
office of the Town of East Hampton for public inspection at least ten (10) days before such hearing, and may be published in full in such paper. In addition to such notice, the Commission shall, by regulation, require notice by certified mail, return receipt requested, to persons who are owners of land which is included in or adjacent to the land which is the subject of the hearing. The Commission shall require a fee as prescribed by the Commission to be deposited with the Planning, Zoning, and Building Department.
B. Regulations and boundaries shall be changed or repealed only by a majority vote of all the members of the Commission, except as otherwise provided in Chapter 124 of the Connecticut General Statues. If a protest against a proposed change if filed at or before a hearing with the Commission, signed by the owners of twenty percent (20%) or more of the area of the lots included in such proposed change or of the lots within five hundred feet (500') in all directions of the property included in the proposed change, such change shall not be adopted except by a vote of two-thirds (2/3) of all the members of the Commission.
C. All petitions requesting a change in the regulations or the boundaries of zones shall be submitted in writing and in a form prescribed by the Commission and shall be considered at a public hearing within the period of time permitted under Chapter 124, Section 8-7d of the Connecticut General Statutes. The Commission shall act upon the changes requested in such petition. Whenever the Commission makes any change in a regulation or boundary it shall state upon its records the reason why such change is made. The Commission shall not be required to hear any petition(s) relating to the same changes, or substantially the same changes, more than once in a period of twelve (12) months (revision effective May 15, 2006).
D. Zoning Regulations or boundaries or changes therein shall become effective at such time as is fixed by the Commission, provided a copy of such regulation, boundary or change shall be filed in the office of the Town of East Hampton and notice of the decision of the Commission shall have been published in a newspaper having a substantial circulation in tthe municipality before such effective date.
31.3 - Submissions required for Regulation Amendment or Zone Change
The following materials shall be submitted to the Commission prior to regulation amendment or zone change.
A. Regulation Amendment: It shall be the responsibility of the applicant/petitioner to present the full text of proposed change, including reasons, and comprehensive analysis, as required by the Commission, of all, if any, impacts, such change shall have to neighboring properties, zones, or the Plan of Development, as adopted by the Commission. (Such analysis may include, but shall not be limited to traffic studies, fiscal impact analysis, environmental studies, infrastructure capabilities, and the like.)
B. Zone Change: Complete and accurate (A-2 Survey) of the entire area to be considered,
including but not limited to, topographical information, accurate location of all buildings within proposed area, all buildings within five hundred (500') feet of the area proposed, all easements, covenants and other legal constraints existing and/or proposed for the area or parcels therein.
It shall be the responsibility of the applicant/petitioner to present the full scope of such change, including reasons, and comprehensive analysis, as required by the Commission, of all, if any, impacts, such change shall have to neighboring properties, zones, or the Plan of Development, as adopted by the Commission. (Such analysis may include, but shall not be limited to traffic studies, fiscal impact analysis, environmental studies, infrastructure capabilities, and the like.)
31.3.1 - Amendments Initiated by the Commission
The following shall be the procedure when the Commission deems it necessary or desirable to amend the Zoning Regulations or to amend or change the Zoning Map:
A. Regulation Amendment
1. Petition: The Commission shall file with the Town Clerk a copy of all proposed changes to the Zoning Regulations. This copy shall be filed with the Town clerk at least fifteen (15) days before any scheduled public hearing.
2. Public Hearing: The Commission shall schedule a public hearing for any proposed Zoning Regulation change. The scheduling of this hearing shall be at the discretion of the Chairman.
B. Zone Changes
1. Petition: The Commission shall file with the Town clerk a statement identifying the appropriate location of the property involved in the zone change, the present and proposed zoning of the property, and the acreage affected by the change.
2. Map: The Commission shall file with the Town clerk one (1) copy of a map showing the boundaries of any proposed zoning of the property.
3. Notification: When the commission is considering a zone change which will affect twelve (12) or fewer property owners, the Commission shall notify by certified mail property owners within the boundaries of the proposed zone change. Such notification shall be mailed at least
fourteen (14) days before any scheduled public hearing at which the proposed zoning change is to be discussed. When the Commission is considering a zone change which will affect more than twelve (12) property owners, the Commission shall publish in a newspaper with local circulation
a map showing the acres affected by the proposed zone change. Such map shall be published not more than fifteen (15) days nor less than ten (10) days before the public hearing at which such zone change will be discussed.
4. Public Hearing: The Commission shall schedule a public hearing for any proposed zoning map change. The scheduling of this hearing shall be at the discretion of the Chairman.
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