(A) A petition for a zoning amendment may be initiated by the City Council, the Planning and Zoning Appeals Board, any department or agency of the city, the owner or any property within the zoning jurisdiction of the city, or any interested citizen who can show cause for an amendment.
(B) No amendment to zoning regulations or a zoning map that down-zones property shall be initiated nor shall it be enforceable without the written consent of all property owners whose property is the subject of the down-zoning amendment, unless the down- zoning amendment is initiated by the city. For purposes of this section, "down-zoning" means a zoning ordinance that affects an area of land in one of the following ways:
(1) By decreasing the development density of the land to be less dense than was allowed under its previous usage.
(2) By reducing the permitted uses of the land that are specified in a zoning ordinance or land development regulation to fewer uses than were allowed under its previous usage.
(C) Any application for amendment to this chapter shall be filed with the Director of Planning and Community Development at least 17 days prior to the date on which it is to be introduced to the Planning and Zoning Appeals Board. Adjoining property owners shall be notified by first class mail not less than ten days prior to the Planning Board meeting. The Director of Planning and Community Development shall be responsible for presenting the application to the Planning and Zoning Appeals Board. Each petition for an amendment shall be accompanied by a fee as provided in the schedule of fees relative to planning and zoning established by ordinance of the City Council to help defray the cost of advertising the public hearing required by the General Statutes. If a public hearing is not held, the fee shall be refunded to the petitioner. Each application shall be signed and shall contain at least the following information.
(1) The applicant's name in full, applicant's address, and the address or description of the property to be rezoned.
(2) Applicant's interest in the property and the type of rezoning requested.
(3) If the proposed change would require a change in the zoning map, an accurate diagram of the property proposed for rezoning showing the following.
(a) All property lines with dimensions including a north arrow.
(b) Adjoining streets with rights-of-way and paving widths.
(c) The location of all structures and the use of all land.
(d) Zoning classification of all abutting zoning districts.
(e) Comprehensive site plan if the application is for commercial, industrial, or multi-family development.
(D) A public hearing shall be held by the City Council before the adoption, amendment, or repeal of any part of this chapter.
(1) A notice of the public hearing shall be given once a week for two successive calendar weeks in a newspaper of general circulation in the city, the notice to be published the first time not less than ten days nor more than 25 days prior to the date established for the public hearing. In computing such period, the day of publication is not to be included but the day of the hearing shall be included. The City Council shall not consider any presentation made by the petitioner that, if the change is granted, the rezoned property will be used for only one of the possible range of uses permitted in the requested classification. Rather, the City Council shall consider whether the entire range of permitted uses in the requesting classification is more appropriate than the range of uses in the existing classification, except in the case of a conditional zoning district.
(2) Whenever there is a zoning map amendment, the owner of that parcel of land as shown on the county tax listing, and the owners of all parcels of land abutting that parcel of land as shown on the county tax listing, including parcels of land separated from the subject property by street, railroad, or other transportation corridor, shall be mailed a notice of a public hearing on the proposed amendment by first class mail at the last addresses listed for such owners on the county tax abstracts. This notice must be deposited in the mail at least ten but not more than 25 days prior to the date of the public hearing. The person or persons mailing such notices shall certify to the City Council that fact, and such certificate shall be deemed conclusive in the absence of fraud.
(3) The first class mail notice required under this section shall not be required if the zoning map amendment directly affects more than 50 properties, owned by a total of at least 50 different property owners, and the city elects to use the expanded published notice provided for in this section. In this instance, a city may elect to either make the mailed notice provided for in division (D)(2) of this section or may as an alternative elect to publish notice of the hearing as required by G.S. 160A-364, but provided that each advertisement shall not be less than one half of a newspaper page in size. The advertisement shall only be effective for property owners who reside in the area of general circulation of the newspaper which publishes the notice. Property owners who reside outside of the newspaper circulation area, according to the address listed on the most recent property tax listing for the affected property, shall be notified according to the provisions of division (D)(2) of this section.
(4) When a zoning map amendment is proposed, the city shall prominently post a notice of the public hearing on the site proposed for rezoning or on an adjacent public street or highway right-of-way. When multiple parcels are included within a proposed zoning map amendment, a posting on each individual parcel is not required, but the city shall post sufficient notices to provide reasonable notice to interested persons.
(E) Planning board review and comment. Unless initiated by the Planning and Zoning Appeals Board, all proposed amendments to this chapter shall be submitted to the Planning and Zoning Appeals Board pursuant to the following:
(1) Initial zoning. In order to exercise zoning powers conferred by this chapter for the first time, a local government shall create or designate a planning board. The Planning and Zoning Appeals Board shall prepare or shall review and comment upon a proposed zoning regulation, including the full text of such regulation and maps showing proposed district boundaries. The Planning and Zoning Appeals Board may hold public meetings and legislative hearings in the course of preparing the regulation. Upon completion, the Planning and Zoning Appeals Board shall make a written recommendation regarding adoption of the regulation to the governing board. The governing board shall not hold its required hearing or take action until it has received a recommendation regarding the regulation from the planning board. Following its required hearing, the governing board may refer the regulation back to the Planning and Zoning Appeals Board for any further recommendations that the Board may wish to make prior to final action by the governing board in adopting, modifying and adopting, or rejecting the regulation.
(2) Zoning amendments. Subsequent to initial adoption of a zoning regulation, all proposed amendments to the zoning regulation or zoning map shall be submitted to the Planning and Zoning Appeals Board for review and comment. If no written report is received from the Planning and Zoning Appeals Board within 30 days of referral of the amendment to that board, the governing board may act on the amendment without the Planning and Zoning Appeals Board report. The governing board is not bound by the recommendations, if any, of the Planning and Zoning Appeals Board.
(3) Review of other ordinances and actions. Any development regulation other than a zoning regulation that is proposed to be adopted pursuant to this chapter may be referred to the Planning and Zoning Appeals Board for review and comment. Any development regulation other than a zoning regulation may provide that future proposed amendments of that ordinance be submitted to the Planning and Zoning Appeals Board for review and comment. Any other action proposed to be taken pursuant to this chapter may be referred to the Planning and Zoning Appeals Board for review and comment.
(4) Plan consistency. When conducting a review of proposed zoning text or map amendments pursuant to this section, the Planning and Zoning Appeals Board shall advise and comment on whether the proposed action is consistent with any comprehensive plan that has been adopted and any other officially adopted plan that is applicable. The Planning and Zoning Appeals Board shall provide a written recommendation to the governing board that addresses plan consistency and other matters as deemed appropriate by the Planning and Zoning Appeals Board, but a comment by the Planning and Zoning Appeals Board that a proposed amendment is inconsistent with the comprehensive plan shall not preclude consideration or approval of the proposed amendment by the governing board. If a zoning map amendment qualifies as a "large-scale rezoning" under G.S. 160D-602(b), the Planning and Zoning Appeals Board statement describing plan consistency may address the overall rezoning and describe how the analysis and policies in the relevant adopted plans were considered in the recommendation made.
(5) Separate board required. Notwithstanding the authority to assign duties of the planning board to the governing board as provided by this chapter, the review and comment required by this section shall not be assigned to the governing board and must be performed by a separate board.
(F) Governing board statement.
(1) Plan consistency. When adopting or rejecting any zoning text or map amendment, the governing board shall approve a brief statement describing whether its action is consistent or inconsistent with an adopted comprehensive plan. The requirement for a plan consistency statement may also be met by a clear indication in the minutes of the governing board that at the time of action on the amendment the governing board was aware of and considered the Planning and Zoning Appeals Board's recommendations and any relevant portions of an adopted comprehensive plan. If a zoning map amendment is adopted and the action was deemed inconsistent with the adopted plan, the zoning amendment shall have the effect of also amending any future land-use map in the approved plan, and no additional request or application for a plan amendment shall be required. A plan amendment and a zoning amendment may be considered concurrently. The plan consistency statement is not subject to judicial review. If a zoning map amendment qualifies as a "large-scale rezoning" under G.S. 160D-602(b), the governing board statement describing plan consistency may address the overall rezoning and describe how the analysis and policies in the relevant adopted plans were considered in the action taken.
(2) Additional reasonableness statement for rezonings. When adopting or rejecting any petition for a zoning map amendment, a statement analyzing the reasonableness of the proposed rezoning shall be approved by the governing board. This statement of reasonableness may consider, among other factors: (i) the size, physical conditions, and other attributes of the area proposed to be rezoned; (ii) the benefits and detriments to the landowners, the neighbors, and the surrounding community; (iii) the relationship between the current actual and permissible development on the tract and adjoining areas and the development that would be permissible under the proposed amendment; (iv) why the action taken is in the public interest; and (v) any changed conditions warranting the amendment. If a zoning map amendment qualifies as a "large-scale rezoning" under G.S. 160D-602(b), the governing board statement on reasonableness may address the overall rezoning.
(3) Single statement permissible. The statement of reasonableness and the plan consistency statement required by this section may be approved as a single statement.
(G) Voting.
(1) Planning and Zoning Appeals Board. Members of appointed boards shall not vote on any advisory or legislative decision regarding a development regulation adopted pursuant to this chapter where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member. An appointed board member shall not vote on any zoning amendment if the landowner of the property subject to a rezoning petition or the applicant for a text amendment is a person with whom the member has a close familial, business, or other associational relationship.
(2) Governing board. A governing board member shall not vote on any legislative decision regarding a development regulation adopted pursuant to this chapter where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member. A governing board member shall not vote on any zoning amendment if the landowner of the property subject to a rezoning petition or the applicant for a text amendment is a person with whom the member has a close familial, business, or other associational relationship.
(3) An affirmative vote equal to a majority of all the members of the council not excused from voting on the question in issue, including the Mayor's vote in case of an equal division, shall be required for amendments.
(H) Any petition for an amendment to this chapter may be withdrawn at any time at the discretion of the person initiating the request, upon written notice to the City Clerk.
(I) When the City Council shall have denied any application for the change of any zoning district, it shall not thereafter accept any other application for the same change of zoning district affecting the same property, or any portion thereof, until the expiration of six months from the date of the previous denial.
(‘58 Code, § 19-130) (Am. Ord. 81-12, passed 6-15-81; Am. Ord. 89-35, passed 12- 18-89; Am. Ord. 94-20, passed 9-19-94; Am. Ord. 98-01, passed 1-20-98; Am. Ord. 06- 08, passed 4-3-06; Am. Ord. 07-42, passed 11-19-07; Am. Ord. 13-38, passed 9-16-13; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21)