Typically, small towns experience less than five requests annually while larger municipalities may receive ten or more requests. Some portion of these requests might be modified, thereby generating additional hearings. It is estimated that about one-quarter of requests could be modified. The estimated number of additional hearings would therefore be one - two per municipality, per year. This bill allows a zoning commission to modify and approve requests to change a zoning regulation or a zoning district's boundaries.
Current law specifies that they can adopt or deny the requested changes.
The Superior Court has issued conflicting rulings as to whether the power to approve a request encompasses the power to modify it. The bill requires commissions to hold a second public hearing on a request if they propose to modify it. They must advertise and conduct this hearing according to the same statutory requirements that governed the first. And they must render a decision on the modified request by the same statutory deadline for deciding unmodified requests. The bill requires commissions to hold a second hearing on a requested change if they propose to modify it.