This chapter may be amended by the Town Council in accordance with the provisions of this section.
(A) General procedure. Amendments shall be regulated by the general provisions contained herein.
(1) The text of this chapter may be amended in order to:
(a) Correct an error or clarify statements; or
(b) Change the regulations in the text.
(2) Proposed changes or amendments to this chapter may be initiated by the Town Council, the Planning Board, a member of the staff of the town, or one or more owners of property within the town as applicable.
(3) All proposed changes to this chapter shall first be reviewed by the Planning Board prior to consideration by the Town Council.
(B) Application.
(1) In order for a person authorized by division (A) above, to initiate a change to the text of this chapter, an application accompanied by the application fee shall be submitted to the town Planning Department at least 30 days prior to the date of the Planning Board meeting at which the application is to be considered. The application shall contain the name(s) and address(es) of the applicant(s), a copy of the proposed text change and a statement from the applicant(s) which explains the purpose for the amendment.
(2) Application forms may be modified by the Planning Department, as necessary.
(3) The Planning Board and the Town Council will not consider an application for an amendment denied within the preceding 12 months by the Town Council.
(C) Planning Board action. Before taking any action on a proposed amendment to this chapter the Town Council shall consider the Planning Board's recommendation on the proposed amendment. The Planning Board shall have 45 days after the first consideration of an amendment at a regular meeting to submit its recommendations to the Town Council. Failure of the Planning Board to submit a recommendation within the 45-day period shall constitute a favorable recommendation, except that, if by agreement of the Planning Board and the applicant 45 days is insufficient due to the complexity of the request, or similar circumstances, the Planning Board shall have 90 days to submit such recommendation. Time limitations, however, shall not be applied to text amendments initiated by the Planning Board, a member of the staff of the town, or the Town Council.
(D) Public hearing. Before enacting any amendment to this chapter the Town Council shall hold a public hearing. In accordance with G.S. § 160A-364, a notice of the public hearing shall be published in a newspaper of general circulation in the town once a week for two successive weeks, the first publication of which shall not appear less than ten days or more than 25 days prior to the date fixed for the public hearing. The notice shall include the time, place and date of the hearing and include a description of the nature of the amendment to the ordinance.
(Ord. passed - -2008)