(A) Procedure
(1) Concurrent Review
A plan amendment and a zoning map amendment may be considered concurrently; if considered concurrently, only one application and application fee shall be required and the procedure shall follow the process for rezonings in accordance with Section 3.4.
(2) Public Hearings and Public Notice
(3) Staff Report to Town Council
The Planning Director, and other staff as appropriate, shall review each proposed substantive amendment in light of the standards of review set forth in paragraph (B).
The Director shall provide a report to the Town Council at the public hearing. This report shall include a discussion of all plans and policies that have been adopted by the Town and are relevant to the proposed amendment.
(4) Planning and Zoning Board Recommendation
The Planning and Zoning Board shall review the proposed amendment and make a recommendation to the Town Council, based on the standards of review set forth in paragraph (B). If no recommendation is made within ninety (90) days of the first meeting at which the proposed amendment is presented to them for review, then the Town Council may act on the proposed amendment without a recommendation from the Planning and Zoning Board.
(5) Town Council Action
(a) After reviewing the reports and recommendations of the Planning Director and Planning and Zoning Board if applicable, the Town Council may call for a second public hearing or take action based on the standards of review set forth in paragraph (B). Such action may include the following:
1. Approve the amendment by motion, either as submitted or with modifications suggested by staff or by the Council or Planning and Zoning Board;
2. Reject the proposed amendment; or
3. Refer the proposed amendment back to the Planning and Zoning Board for further consideration.
(b) Failure of the Town Council to take any action within ninety (90) days of the delivery of the Planning and Zoning Board's recommendation at a Council meeting shall be deemed a denial of the amendment request.
Where a proposed rezoning appears to be inconsistent with the Comprehensive Plan, the Planning Director or the applicant may initiate a substantive plan amendment as provided in Section 3.2. A plan amendment and a zoning amendment may be considered concurrently.
(6) Automatic Amendment of the Future Land Use Plan Map
In accordance with G.S. 160D-605, if Town Council approves a rezoning that is deemed inconsistent with the Comprehensive Plan, the rezoning shall have the effect of also amending the Future Growth Framework Map in the Comprehensive Plan, and no additional request or application for a plan amendment shall be required. If a plan amendment was initiated as described in Section 3.4.1(C) and ran concurrently with the rezoning, the Future Growth Framework Map shall be amended in accordance with the plan amendment. If a plan amendment was not initiated as described in Section 3.4.1(C), staff shall amend the Future Growth Framework Map as appropriate.
(B) Standards of Review
Proposals to amend the Comprehensive Plan shall be evaluated based upon whether the amendment is necessary in order to address conditions including, but not limited to, the following:
(1) A change in projections or assumptions from those on which the Comprehensive Plan is based;
(2) Identification of new issues, needs, or opportunities that are not adequately addressed in the Comprehensive Plan;
(3) A change in the visions, values, policies, or objectives on which the plan is based, or standards governing the physical development of the Town or any other geographic areas addressed by the Comprehensive Plan; or
(4) Identification of errors or omissions in the Comprehensive Plan.
(Ord. No. 04-001, 1-8-04; Ord. No. 05-001, 1-13-05; Ord. No. 2007-04, 3-22-07; Ord. No. 2012-LDO-04, 5-24-12; Ord. No. 2015-LDO-003, 7-23-15; Ord. No. 2017-LDO-01, 1-24-17; Ord. No. 2018-LDO-02, 8-9-2018; Ord. No. 2021-LDO-01, 6-24-21)