(A) Initial zoning. In order to exercise zoning powers conferred by G.S. Chapter 160D for the first time, the town shall create or designate a Planning Board under the provisions of this subchapter or of a special act of the General Assembly.
(1) The Planning Board shall prepare or shall review and comment upon a proposed zoning regulation, including the full text of such regulation and maps showing proposed district boundaries. The planning board may hold public meetings and legislative hearings in the course of preparing the regulation.
(2) Upon completion, the Planning Board shall make a written recommendation regarding adoption of the regulation to the Town Board. The Town Board shall not hold its required hearing or take action until it has received a recommendation regarding the regulation from the Planning Board.
(3) Following its required hearing, the Town Board may refer the regulation back to the Planning Board for any further recommendations that the Board may wish to make prior to final action by the governing board in adopting, modifying and adopting, or rejecting the regulation. For similar state law provisions, refer to G.S. § 160D-604(a).
(B) Zoning amendments. After the initial adoption of a proposed amendment to a zoning regulation, all proposed amendments to the zoning regulation 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 governing board may act on the amendment without the Planning Board report. The governing board is not bound by the recommendations, if any, of the Planning Board. For similar state law provisions, refer to G.S. § 160D-604(b).
(1) Every proposed amendment, supplement, change, modification or repeal of this chapter shall be referred to the Planning Board for its written comments, recommendation, and report. The Planning Board shall consider and make written comments and recommendations to the Board of Commissioners concerning each proposed zoning amendment.
(2) The Planning Board shall follow policy guidelines for all zoning amendments. A proposed zoning amendment will not 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 that they intend to make of the property involved.)
(d) There is convincing demonstration that the character of the neighborhood will not be materially or adversely affected by any use permitted in the proposed change.
(e) The proposed change is in accord and consistent with the Land Use Plan, any other officially adopted plan that is applicable, and sound planning principles.
(3) The Planning Board shall render its decision on any properly filed petition within 30 days after the introduction of such petition and shall transmit its written comments, recommendation, and report, including the reasons for its determinations, to the Board of Town Commissioners. A comment by the Planning Board that a proposed amendment is inconsistent with the Land Use Plan shall not preclude consideration or approval of the proposed amendment by the Board of Town Commissioners.
(C) Review of other ordinances and actions. Any development regulation other than a zoning regulation that is proposed to be adopted pursuant to G.S. Chapter 160D may be referred to the Planning Board for review and comment.
(1) Any development regulation other than a zoning regulation may provide that future proposed amendments of that ordinance be submitted to the Planning Board for review and comment.
(2) Any other action proposed to be taken pursuant to G.S. Chapter 160D may be referred to the Planning Board for review and comment. For similar state law provisions, refer to G.S. § 160D-604(c).
(D) Plan consistency. 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.
(1) The Planning Board shall provide a written recommendation to the governing board that addresses plan consistency and other matters as deemed appropriate by the Planning Board, 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 governing board.
(2) If a zoning map amendment qualifies as a "large-scale rezoning" under G.S. § 160D-6-2(b), the Planning Board statement describing plan consistency may address the overall rezoning and describe how the analysis and polices in the relevant adopted plans were considered in the recommendation made.
For similar state law provisions, refer to G.S. § 160D-604(d).
(E) Separate board required. Notwithstanding the authority to assign duties of the Planning Board to the governing board as provided by this chapter, the review and comment required by this section shall not be assigned to the governing board and must be performed by a separate board. For similar state law provisions, refer to G.S. § 160D-604(e).
(Ord. 23-241, passed 7-18-2023)