(a) Hearing; notice. Before taking such lawful action as it may deem advisable, the council shall consider the planning board's recommendations on each proposed zoning amendment. If no recommendation is received from the planning board within 60 days after the planning board hearing, the proposed amendment shall be deemed to have been formally recommended by the planning board. The village council shall hold a public hearing. Notice of the public hearing shall be published in a newspaper of general circulation in the area of Bald Head Island at least once each week for two successive weeks prior to the hearing according to state regulations and by mailing notices to adjoining property owners in the envelopes provided by the applicant at least ten but not more than 25 days prior to the date of the hearing. For zoning map amendments notice shall also be made by posting the property concerned at least ten days prior to the date of the hearing. The applicant, the planning board and the zoning administrator shall be given written copies of the council's decision and the reasons therefor.
(b) Procedure.
(1) A village council member shall not vote on any zoning map or text amendment where the outcome of the matter being considered is reasonably likely to have a direct substantial, and readily identifiable financial impact on the member.
(2) Before taking such lawful action, the village council shall consider the planning board's recommendation on each proposed amendment. Prior to adopting or rejecting any zoning amendment, the village council shall adopt a statement describing whether its action is consistent or inconsistent with an adopted comprehensive plan. Additionally, when adopting or rejecting any petition for a zoning map amendment, village council shall adopt a statement analyzing the reasonableness of the proposed rezoning taking into account, among any other applicable 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.
(Ord. No. 29, § 5.4, 8-17-1991; Ord. No. 2006-1005, 10-26-2006; Ord. No. 2021-0607, § 1, 6-28-2021)