The discussion of agenda item 8 illustrates the confusion surrounding the town’s zone map as demonstrated during the December 18, 2025 Planning & Zoning Commission’s four hour meeting. Consider it yet another casualty of the transition from a Mayor Council to a Commission Manager form of government. The situation turns on possible missing/mislaid documents, but the real loss is the lack of context resulting from the Planning Office having relied too much on in-house training over the past four years.
The situation highlights the need for the town to establish a policy of requiring Planning & Zoning employees to either have AICP credentials upon hiring, or to actively pursue certification. The town’s zoning actions affect property owners’ vested right to zoning and this is an area where “almost, not quite, well we forgot to do that” is not acceptable.
An additional complication is that there seems to be confusion about which Zoning Ordinance rules the establishment or changing of zoning: The default is that it is the Zoning Ordinance in force at the time the zoning was established or changed is the governing ordinance. Therefore, any document search should be conducted using the documents and terminology in use at that time because later ordinances are often amended. Zone Changes granted under older ordinances are not required to be “redone” every time the general provisions of the Zoning Ordinance are changed. However, either the Town or property owners may seek to change zoning for a variety of reasons. Any subsequent changes would be done using procedures from the ZO in force at the time the application is processed.
The authoritative documents for determining how and when a property was zoned would be as follows:
(1) Official (approved, signed and filed) minutes of the meeting(s) where the zone change and zone map amendment were approved;
(2) Findings of Fact and Conclusions of Law* when such findings are included as part of the approval process;
(3) The formal, numbered ordinance recording the zoning and authorizing a change to the Zone Map which is issued as part of a two-step approval process by the Governing Body. This document once approved, signed, and filed becomes a part of the Zoning Ordinance in the manner defined by the Zoning Ordinance in force at the time a zone changed is approved.
The town’s Zone Map is an official document, but it cannot be considered the final word on the zoning for any particular parcel of land:
- It is not feasible to update the Zone Map each time a zone change is approved.
- The map currently displayed on the ToE website dates from 2019, which means that more recent zone changes will not be reflected there.
- Prior to the 2019 update, the official map in use was dated 2009; the map in use before that date should be in the permanent file of the planning office’s land use documents which, by state law, is supposed to be maintained as a permanent record.
- In the past, the person in charge of Planning & Zoning matters used to physically alter the map on display in the Planning Office as zone changes took place. In the older versions of the town offices there was also a zone map displayed in the waiting area, but
it wasboth were for informational purposes only. - Updated maps are issued only after a meticulous examination of the town’s legal records which is time consuming and expensive. Those official records are in the custody of the Town Clerk, but the Planning Office should also maintain copies for reference purposes. The Mid Region Council of Governments (MRCOG) has done the work in the past using town records to confirm changes.