(A) This chapter, including the official zoning map, may be amended from time to time, but no amendment shall become effective unless it shall have been referred first to the Planning Board. After thorough review, including public forums if deemed necessary, the Planning Board shall submit to the Board of Commissioners a written statement as to whether the proposed amendment is consistent with the town’s comprehensive long range planning document. When conducting a review of proposed zoning text or map amendments pursuant to this section, the Planning 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 Board shall provide a written recommendation to the Board of Commissioners that addresses plan consistency, but a comment by the Planning Board that a proposed amendment is inconsistent with the comprehensive plan shall not preclude consideration or approval of the proposed amendment by the Board of Commissioners. If a zoning map amendment qualifies as a "large-scale rezoning" under G.S. § 160D-602(b), the Planning 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.
(B) Hearing and notice requirements. A public hearing shall be held by the Board of Commissioners before adoption of any proposed amendment to this chapter. A notice of such public hearing shall be given once a week for two successive calendar weeks in a newspaper of general circulation in the town, the notice to be published the first time not less than ten days nor more than 25 days prior to the date established for such public hearing. Whenever there is a zoning map amendment, the owner of that parcel of land 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 and parcels within 100 feet of the subject property, shall be mailed notice of a public hearing on the proposed amendment by first class mail at the last address listed for such owners on the county tax abstracts. For the purpose of this section, properties are abutting even if separated by a street, railroad, or other transportation corridor. The 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 mailing such notices shall certify to the Board of Commissioners that fact and such certificate shall be deemed conclusive in the absence of fraud. At the same time the first notice is sent out, a sign shall be posted on the affected property stating:
(1) The date of the hearing;
(2) The purpose of the hearing; and
(3) Where to get more information regarding the action.
(C) When a zoning map amendment is proposed, the town 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 at least ten but more than 25 days prior to the date of the hearing. When multiple parcels are included within a proposed zoning map amendment, a posting on each individual parcel is not required, but the town shall post sufficient notices to provide reasonable notice to interested persons.
(D) (1) If the adoption or modification of the ordinance would result in changes to the zoning map or would change or affect the permitted uses of land located five miles or less from the perimeter boundary of a military base, the Board of Commissioners shall provide written notice of the proposed changes by certified mail, return receipt requested, to the Commander of the military base not less than ten days nor more than 25 days before the date fixed for the public hearing. If the military provides comments or analysis regarding the compatibility of the proposed ordinance or amendment with military operations at the base, the Board of Commissioners shall take the comments and analysis into consideration before making a final determination on the ordinance.
(2) If the adoption or modification of the ordinance would result in changes to the zoning map or would change or affect the permitted uses of land within the jurisdiction of Caswell Beach, the Board of Commissioners shall provide written notice of the proposed changes by certified mail, return receipt requested, to the manager of the Cape Fear Regional Jetport not less than ten days nor more than 25 days before the date fixed for the public hearing. If the manager of the Jetport provides comments or analysis regarding the compatibility of the proposed ordinance or amendment with operations at the airport, the Board of Commissioners shall take the comments and analysis into consideration before making a final determination on the ordinance.
(E) No amendment to zoning regulations or a zoning map that down-zones property shall be initiated nor is it 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 town. 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; or (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.
(F) A fee will be charged for each application for business use or application for rezoning of any property within the zoning jurisdiction of the town. A schedule of fees shall be maintained in the office of the Town Clerk.
(G) Proposed changes or amendments to this chapter may be initiated by the Board of Commissioners, the Planning Board, the Board of Adjustment or by one or more interested persons.
(H) An application for any change or amendment shall contain a statement of the present regulation, the proposed amendment to it and the name and address of the party requesting the change. An application for any change or amendment of a district boundary shall contain a legal description of the property to be affected by the change in the name and address of the party requesting the change.
(I) No amendment shall become effective except by favorable vote of three-fourths of all members of the Board of Commissioners.
(J) When adopting or rejecting any zoning text or map amendment, the Board of Commissioners 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 Board of Commissioners meeting that at the time of action on the amendment the Board was aware of and considered the Planning 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. When adopting or rejecting any petition for a zoning map amendment, an additional statement analyzing the reasonableness of the proposed rezoning shall be approved by the Board of Commissioners. 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 Board of Commissioners statement on reasonableness may address the overall rezoning. The statement of reasonableness and the plan consistency statement required by this section may be approved as a single statement.
(K) If a zoning map amendment qualifies as a "large-scale rezoning" under G.S. § 160D-602(b), the 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. If a zoning map amendment is adopted and the action was deemed inconsistent with the adopted comprehensive plan, the zoning amendment shall have the effect of also amending the future land-use map in the approved plan, and no additional request or application for a plan amendment shall be required.
(Ord. passed 6-8-78; Am. Res. passed 11-11-04; Am. Ord. passed 1-13- 05; Am. Res. passed 4-8-10; Am. Res. passed 12-13-12; Am. Ord. 2014-001-O, passed 4-10-14; Am. Ord. passed - -)