§ 152.163  PROCESSING OF APPLICATION.
   An application for amendment shall be processed in accordance with the provisions of this section.
   (A)   Action by the Planning Board. The Planning Board shall consider and make recommendations to the Town Council concerning each proposed
      (1)   The proposal will place all property similarly situated in the area in the same category, or in appropriate complementary categories.
      (2)   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.
      (3)   There is convincing demonstration that all uses permitted under the proposed district classification would be appropriate in the area included in the proposed change.
      (4)   There is convincing demonstration that the character of any neighborhood will not be materially and adversely affected by any use permitted in the proposed change.
      (5)   The proposed change is in accord with the principles of growth, sound planning principles, and any applicable small area plan.
   (B)   Notice of public hearing. No amendment shall be adopted by the Town Council until after a public notice and hearing.  Notice of the date, time and place of the public hearing shall be published in a newspaper of general circulation once a week for two successive weeks, with the first notice to be published not less than ten nor more than 25 days prior to the date of the hearing.
      (1)   When a zoning map amendment is proposed, the owner of that parcel of land as 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, shall be mailed a notice of a public hearing on the proposed amendment by first class mail at the last addresses listed for such owners on the county tax abstracts.  This notice must be deposited in the mail not less than ten nor more than 25 days prior to the date of the public hearing.  The person or persons mailing such notices shall certify to the Town Council that fact, and such certificate shall be deemed conclusive in the absence of fraud.
      (2)   When a proposed zoning map amendment directly affects more than 50 properties, owned by a total of at least 50 different property owners, the town may elect to use the expanded published notice provided for in this section rather than the notice stipulated in division (B)(1), above.  In
this circumstance, the town may provide notice of the hearing by means of an advertisement not less than one-half newspaper page in size published in a newspaper of general circulation once a week for two successive weeks, with the first notice to be published not less than ten nor more than 25 days prior to the date of the hearing.
      (3)   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.  The notice shall be a minimum of 18 inches by 24 inches in size. 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.
   (C)   Nature of proceedings. It is the intent of this ordinance that applicants for rezoning to any district other than a special use district or a planned development district shall be prohibited from offering any testimony or evidence concerning the specific manner in which they intend to use or develop the property.
   (D)   Citizen comments. If any resident or property owner in the town submits a written statement regarding a proposed amendment, modification, or repeal to a zoning ordinance to the Town Clerk at least two business days prior to the proposed vote on such change, the Town Clerk shall deliver such written statement to the Town Council. If the proposed change is the subject of a quasi-judicial proceeding under G.S. § 160-338, the Town Clerk shall provide only the names and addresses of the individuals providing written comment, and the provision of such names and addresses to all members of the Town Council shall not disqualify any member of the Council from voting.
   (E)   Voting. Pursuant to G.S. § 160A-75, as amended, a failure to vote by any member of the Town Council physically present in the Council Room, or who has withdrawn without being excused by a majority vote of the remaining Council members present, shall not be recorded as an affirmative vote.
(Ord. passed 10-1-07; Am. Ord. 10-5-15; Am. Ord. passed - - )