(A) Purpose. From time to time, both the text of the zoning ordinance and the zoning map will need to be updated to reflect new decisions by the elected Board. Both of these types of changes require action by the elected Board to approve. The procedure for securing a text amendment and a rezoning (zoning map amendment) is outlined below.
(B) Initiation. The Town Board of Commissioners may change the text regulations and zoning district lines in response to requests initiated by:
(1) The owner(s), or their agent, of property within the area proposed to be changed;
(2) The Board of Commissioners;
(3) The Planning Board; or
(4) The Board of Adjustment.
(C) Procedure. The procedure for an amendment to the text of this chapter or to the zoning map shall include:
(1) Application. The application for any zoning district change or text amendment shall be filed with the Town Clerk at least 25 days prior to the Planning Board meeting at which the application is to be considered. The application shall be on a form approved by the Board of Commissioners and shall contain items including a description of the proposed amendment, the names and contact information of property owners filing the request or affected by the proposed action, and the metes and bounds of the property in question.
(2) Payment of fee. The Town Board of Commissioners shall set a fee payable to the Town of Fairmont, North Carolina, to cover the necessary administrative costs and advertising of each application for a change or amendment. The set fee shall be posted in the Town Clerk's Office.
(3) Planning Board review and recommendation.
(a) 1. Upon receipt of a petition (application) for a zoning district change or text amendment, the Town Clerk shall forward the request to the Planning and Zoning Board for its consideration.
2. All proposed amendments to the zoning ordinance or zoning map shall be submitted to the Planning Board for review and comment. If no written report is received from the Planning Board within 30 days of referral of the amendment to that board, the Board of Commissioners may proceed in its consideration of the amendment without the Planning Board report. The Board of Commissioners is not bound by the recommendations, if any, of the Planning Board.
(b) The Planning Board may, at its discretion, hold a separate public hearing from that held by the Board of Commissioners. Public hearings held by the Planning Board need not adhere to the hearing requirements outlined in this subchapter for public hearings held by the Board of Commissioners.
(c) 1. The Planning Board shall advise and comment on whether the proposed amendment (text or map) is consistent with any comprehensive plan or land development/use 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 and other matters as deemed appropriate by the Planning Board; however, a comment by the Planning Board that a proposed amendment is inconsistent with the comprehensive plan or land development/use plan shall not preclude consideration or approval of the proposed amendment by the Board of Commissioners.
2. In making their review and comment, the following policy guidelines shall be followed by the Planning Board concerning zoning amendments and no proposed zoning amendment will receive favorable recommendation unless:
a. The proposal will place all property similarly situated in the area in the same category, or in appropriate complementary categories.
b. There is convincing demonstration that all uses permitted under the proposed district classification would be in the general public interest and not merely in the interest of an individual or small group.
c. There is convincing demonstration that all uses permitted under the proposed district classification would be appropriate in the area included in the proposed change. (When a new
district designation is assigned, any use permitted in the district is allowable, so long as it meets district requirements, and not merely uses which applicants state they intend to make of the property involved.)
d. There is convincing demonstration that the character of the neighborhood will not be materially and adversely affected by any use permitted in the proposed change.
e. The proposed change is in accord with a comprehensive plan and sound planning principles.
(4) Conflict of interest. In accordance with the requirements of G.S. § 160D-109, members of Planning Board shall not vote on recommendations regarding 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. 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. For similar state law provisions, refer to G.S. § 160D-109(b).
(5) Hearing for text amendments. Before adopting, amending, or repealing any ordinance or development regulation authorized by G.S. Chapter 160D, the Town Board of Commissioners shall hold a legislative hearing.
(a) A notice of the hearing shall be given once a week for two successive calendar weeks in a newspaper having general circulation in the area. The notice shall be published the first time not less than ten days nor more than 25 days before the date scheduled for the hearing. In computing such period, the day of publication is not to be included but the day of the hearing shall be included.
(b) The notice required or authorized by this section shall:
1. State the date, time, and place of the public hearing;
2. Summarize the nature and character of the proposed change;
3. If the proposed amendment involves a change in zoning district classification, reasonably identify the property whose classification would be affected by the amendment; and
4. State that the full text of the amendment can be obtained from the Town Clerk.
For similar state law provisions, refer to G.S. § 160D-601(a).
(c) In addition to the newspaper notice, notice shall also be made by posting the property concerned with a poster indicating the proposed change and date of hearing when the application is for a change to a district boundary.
(d) Notice to military bases. If the adoption or modification 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 local government 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 hearing. If the commander of the military base provides comments or analysis regarding the compatibility of the proposed development regulation or amendment with military operations at the base, the governing board of the local government shall take the comments and analysis into consideration before making a final determination on the ordinance.
For similar state law provisions, refer to G.S. § 160D-601(b).
(6) Decision by Board of Commissioners.
(a) Before taking such lawful action as it may deem advisable, the Town Board shall consider the planning board's recommendation on each proposed zoning amendment. If no recommendation is received from the planning board within 30 days after public hearing by the Town Board, the proposed amendment shall be deemed to have been approved by the Planning Board.
(b) At the conclusion of a public hearing on the proposed amendment, the Board of Commissioners may proceed to vote on the proposed amendment, refer it to a committee for further study, or take any other action consistent with its usual rules of procedure.
(c) The Board of Commissioners is not required to take final action on a proposed amendment within any specific period of time, but it should proceed as expeditiously as practicable on petitions for amendments since inordinate delays can result in the petitioner incurring unnecessary costs.
(d) Prior to adopting or rejecting any zoning amendment, the Board of Commissioners shall adopt a statement describing whether its action is consistent with an adopted comprehensive plan, land development/use plan, or other officially adopted plan, and explaining why the Board considers the action taken to be reasonable and in the public interest. The statement is not subject to judicial review.
(e) A majority vote, excluding vacant seats and disqualified members as indicated in subsection (2), shall be sufficient for the purpose of taking any official action excluding vacant seats and disqualified members.
(f) Adoption by ordinance required. A development regulation adopted pursuant to this Chapter shall be adopted by ordinance.
For similar state law provisions, refer to G.S. § 160D-601(c).
(7) Hearing for zoning map amendments (rezonings). Before amending the zoning map as authorized by G.S. Chapter 160D, the Town Board of Commissioners shall hold a legislative hearing.
For similar state law provisions, refer to G.S. § 160D-602(a).
(a) Published notice.
1. Before amending the zoning map the governing board shall hold a legislative hearing. Notice of the hearing shall be given once a week for two successive calendar weeks in a newspaper having general circulation in the area. The notice shall be published the first time not less than ten days nor more than 25 days before the date scheduled for the hearing. In computing such period, the day of publication is not to be included but the day of the hearing shall be included.
2. The notice required or authorized by this section shall:
a. State the date, time, and place of the public hearing;
b. Summarize the nature and character of the proposed change;
c. If the proposed amendment involves a change in zoning district classification, reasonably identify the property whose classification would be affected by the amendment; and
d. State that the full text of the amendment can be obtained from the Town Clerk.
(b) Mailed notice.
1. The owner of affected parcels of land and the owners of all parcels of land abutting that parcel of land shall be mailed a notice of the hearing on a proposed zoning map amendment by first class mail at the last addresses listed for such owners on the town tax abstracts.
2. For the purpose of this section, properties are "abutting" even if separated by a street, railroad, or other transportation corridor.
3. This notice must be deposited in the mail at least ten but not more than 25 days prior to the date of the hearing.
4. If the zoning map amendment is being proposed in conjunction with an expansion of municipal extraterritorial planning and development regulation jurisdiction under G.S. § 160D-202, a single hearing on the zoning map amendment and the boundary amendment may be held. In this instance the initial notice of the zoning map amendment hearing may be combined with the boundary hearing notice and the combined hearing notice mailed at least 30 days prior to the hearing. For similar state law provisions, refer to G.S. § 160D-602(a).
(c) Option to mailed notice for large-scale zoning map amendments. The first class mail notice required shall not be required if the zoning map amendment proposes to change the zoning designation of more than 50 properties, owned by at least 50 different property owners, and the town elects to use the expanded published notice provided for in this subsection. In this instance, the town may elect to make the mailed notice or as an alternative, elect to publish notice of the hearing as required by
G.S. 160D-6-1 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 that 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. For similar state law provisions, refer to G.S. § 160D-602(b).
(d) Posted notice. When a zoning map amendment is proposed, the town shall prominently post a notice of the hearing on the site proposed for the amendment or on an adjacent public street or highway right-of-way.
1. The notice shall be posted within the same time period specified for mailed notices of the hearing.
2. 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. For similar state law provisions, refer to G.S. § 160D-602(c).
(e) Notice to military bases. If the adoption or modification 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 local government 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 hearing. If the commander of the military base provides comments or analysis regarding the compatibility of the proposed development regulation or amendment with military operations at the base, the governing board of the local government shall take the comments and analysis into consideration before making a final determination on the ordinance.
For similar state law provisions, refer to G.S. § 160D-601(b).
(f) Optional communication requirements. When a zoning map amendment is proposed, a zoning regulation may require communication by the person proposing the map amendment to neighboring property owners and residents and may require the person proposing the zoning map amendment to report on any communication with neighboring property owners and residents. For similar state law provisions, refer to G.S. § 160D-602(e).
(8) Decision by Board of Commissioners.
(a) At the conclusion of a public hearing on the proposed amendment, the Board of Commissioners may proceed to vote on the proposed amendment, refer it to a committee for further study, or take any other action consistent with its usual rules of procedure.
(b) The Board of Commissioners is not required to take final action on a proposed amendment within any specific period of time, but it should proceed as expeditiously as practicable on petitions for amendments since inordinate delays can result in the petitioner incurring unnecessary costs.
(c) Prior to adopting or rejecting any zoning amendment, the Board of Commissioners shall adopt a statement describing whether its action is consistent with an adopted comprehensive plan, land development/use plan, or other officially adopted plan, and explaining why the Board considers the action taken to be reasonable and in the public interest. The statement is not subject to judicial review.
(d) A majority vote, excluding vacant seats and disqualified members as indicated in subsection (2), shall be sufficient for the purpose of taking any official action excluding vacant seats and disqualified members.
(e) Conflict of interest. In accordance with the requirements of G.S. § 160D-109(a) and § 154.066 of this chapter, a member of the Board of Commissioners 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. This shall include any zoning map or text amendment. For similar state law provisions, refer to G.S. § 160D-109(a).
(f) Adoption by ordinance required. A development regulation adopted pursuant to this chapter shall be adopted by ordinance. For similar state law provisions, refer to G.S. § 160D-601(c).
(D) Withdrawal. The petitioner shall have the right to withdraw, in writing, a zoning amendment petition at any time prior to a final decision by the Board of Commissioners. However, petitions that have been withdrawn shall be reconsidered only as a new petition.
(Ord. 23-241, passed 7-18-2023)