The Town Board may from time to time amend, supplement, change, modify or repeal this ordinance, including the Zoning Map, by proceeding in the following manner.

The Town Board, by resolution adopted at a stated meeting, shall fix the time and place of a public hearing on the proposed amendment and cause notice thereof to be given as follows:

A. By publishing a notice thereof at least 10 days prior to the date fixed for such public hearing in a newspaper of general circulation in the Town of Hempstead.

B. The notice shall state the general nature of the proposed amendment.

Whenever the owners of more than 50% of the frontage in any district or part thereof affected by a proposed change of the ordinance or change of the Zoning Map shall present to the Town Board a petition duly signed and acknowledged requesting an amendment, supplement, change, modification or repeal of the regulations prescribed for or of the Zoning Map, including such district or part thereof, it shall be the duty of the Town Board to hold a public hearing thereon and cause notice thereof to be given in a manner prescribed in § 274.

[Effective 6-11-1966]

Every petition presented to the Town Board pursuant to the provisions of § 275 or every application presented to the Town

Board for a special exception from the provisions of this ordinance, or when the Town Board acts on its own motion, the resolution calling the public hearing shall be accompanied by a complete and accurate list of the names and addresses of the owners and occupants of all of the lands within a radius of 200 feet of the property affected, and the petitioners or the applicants, or the Town Clerk, when the proposed amendment is on motion of the Town Board, shall mail to each such owner and occupant, not less than seven days before the date set for the hearing, a notice addressed to such owners and occupants, signed by at least one of the petitioners or applicants, or the Town Clerk, when the proposed amendment is on motion of the Town Board, identifying the property affected thereby and setting forth the relief requested or the proposed change, and the date, hour and place fixed by the Town Board for a hearing thereon, and there shall be filed with the office of the Town Clerk not later than four days prior to such hearing an affidavit of the mailing of such notice as herein provided.

[Effective 5-12-1969]

A.petition for a special exception to conduct a gasoline filling station may be presented to the Town Board simultaneously with a petition for a change of classification to a zone in which such use is permitted as a special exception. Should petitions be presented simultaneously, as provided in this section, the public hearings shall be held on the same day, either consecutively or concurrently, with the application for the change of zone being decided first by the Town Board. Except for simultaneous presentation as herein provided, a petition for a special exception to conduct a gasoline station shall not be presented to the Town Board within three months after the granting of a petition for change of classification to a zone in which such use is permitted.

A. The filing of an affidavit of mailing under § 276 shall constitute prima facie evidence that the provisions of such section have been fully complied with, and every objection on the ground that such section has not been complied with shall be waived unless the objectant shall file with the Town Clerk on or before the hearing of said petition an affidavit setting forth in detail the respects in which said §§ 276 and 277 have not been complied with and specifying, if any, the names and addresses of any owners or occupants of land within a radius of 200 feet of the property affected to whom the objectant claims the notice required by said section has not been mailed or properly mailed, and shall, upon the hearing, furnish the Town Board with evidence satisfactory to said Board that said section has not been complied with in the respects specified in such affidavit.

B. The filing of any objection and presentation of evidence with respect thereto as provided in Subsection A shall not affect the jurisdiction of the Town Board to hear and determine any petition upon the merits or acting upon its own motion, but said Board shall consider such objection and evidence in determining whether or not such petition shall be granted or action taken on the Board's own motion.

At a public hearing, full opportunity to be heard shall be given to any citizen and all parties in interest.