(1) A zone map change application shall be submitted in accordance with § 470-909A for any proposal to change the zoning designation of any parcel(s) of land or part thereof.

(2) A zone map change application shall be accompanied by the number and type of materials prescribed in Article 1: Application Checklists of these regulations for a zone change application. See § 1.9: Zone Map amendment application for the Zone Map amendment application checklist.

(3) A zone map change application for a design district shall be accompanied by a master plan and standards in conformance with § 470-501C of these regulations.

(4) The Commission may require the submission of additional information as the Commission deems necessary to make a reasonable review of the application.

(5) The Commission shall not be required to hear a zone map change application that has been rejected within 12 months from the date of rejection unless it finds, on facts presented in writing, that a material change in the circumstances justifies this action. A change of ownership of real property or any interest therein shall not be deemed a material change.

B. Proceedings and notice requirements.

(1) The date of receipt of the zone map change application shall be determined in accordance with § 470-909B.

(2) An incomplete zone map change application may be denied in accordance with § 470-909C.

(3) The Commission shall hold a public hearing on the zone map change application and shall:

(a) Cause a legal notice to be published in accordance with the requirements of § 470-909E of these regulations;
(b) Require that any applicant other than the Commission give notice to owners of abutting lots and the owner(s) of land subject to the proposed zone map change in accordance with the requirements of § 470-909G of these regulations. This section, and any provision of the regulations requiring notice by posting of a sign, shall not apply to a zone map change that affects more than 20 lots;
(c) Notify no later than seven days prior to the commencement of the public hearing all persons in the public notice registry in accordance with C.G.S. § 8-7d(g).

(4) In accordance with C.G.S. § 8-3a, the Commission shall state on the record its findings of consistency with the Plan of Conservation and Development.

(5) Notice of said zone map change shall also occur as follows:

(a) In accordance with C.G.S. § 8-3b, the Commission shall give written notice to the regional planning agency if required in accordance with the requirements of § 470-909I;
(b) The posting a sign by the applicant as required in accordance with the requirements of § 470-909F;
(c) To adjoining municipalities if required in accordance with the requirements of § 470-909H;
(d) To water companies if required in accordance with the requirements of § 470-909J; and
(e) To parties holding restrictions by the applicant as may be required in accordance with the requirements of § 470-909K.

(6) A copy of the proposed zone map change application shall be filed by the applicant in the Office of the Town Clerk for public inspection at least 10 days before the public hearing.

(7) The Commission shall process the zone map change application within the period of time permitted under C.G.S. § 8-7d as follows.

(a) The public hearing shall commence within 65 days after receipt of the application.
(b) The public hearing shall be completed within 35 days after such hearing commences.
(c) All decisions shall be rendered within 65 days after completion of such hearing.
(d) The applicant may consent to one or more extensions of any period specified herein provided the total extension of all such periods shall not be for longer than 65 days.

(8) These timeframes shall not apply to any action initiated by the Commission regarding a zone map change application.

(9) The applicant may withdraw an application at any time prior to action by the Commission. The withdrawal of an application shall not be effective unless made, in writing, prior to action by the Commission.\

C. Decision considerations.

(1) In making its decision, the Commission shall take into consideration the consistency of the proposed amendment with the Plan of Conservation and Development.

(2) Any report from a water company, an adjacent municipality a regional planning agency, or any other referral shall be made a part of the record of such public hearing and shall be given due consideration.

(3) The Commission may consider all of the factors listed in C.G.S. §§ 8-2 and 8-3.

(4) The Commission should also consider the consistency of the proposed amendment with the comprehensive plan. The comprehensive plan is found in the scheme of the zoning regulations and Zoning Map and should be considered to ensure that the amendment promotes reasonable and logical development to serve the public interests of the community.

(5) Such zone map change shall be established, changed or repealed only by a majority vote of all the members of the Commission (at least four members of a seven member commission) except that, if a legally valid protest against a proposed change is filed with the Commission at or before a hearing, signed by the owners of 20% or more of the area of the property affected by such proposed change or of the property within 500 feet in all directions of the property included in the proposed change, such change shall not be adopted except by a vote of 2/3 of all the members of the Commission (at least five members of a seven member commission).

D. Action documentation.

(1) In acting on a zone map change application, the Commission may approve, approve in part, or deny the application.

(2) The effective date for any zone change shall be:

(a) The date established by the Commission as part of its action on the application; or
(b) Fifteen days after publication of the Commission's decision, unless otherwise established by the Commission.

(3) The Commission shall send, by certified mail, a copy of any decision on a zone change application to the applicant within 15 days after such decision is rendered.

(4) The Commission shall cause notice of the approval or denial of the zone change application to be published in a newspaper having a substantial circulation in Canton within 15 days after such decision is rendered.

(5) In any case in which such notice is not published within the fifteen-day period after a decision has been rendered, the applicant may provide for the publication of such notice within 10 days thereafter.

(6) Any zone change shall be filed in the Office of the Town Clerk prior to becoming effective.