(A) General procedures. The county’s Board of Commissioners may amend, supplement, or change the text regulations and zoning district lines according to the following procedures:
(1) Upon the filing of an application for a zoning change a stay shall go into effect for properties specified within the application, whereby the county’s Planning Department, Environment Health Department, Public Utilities Department, and Inspections Department shall not accept applications for permits, requests for approval of minor subdivisions, preliminary plats for major subdivisions, and manufactured home parks within the proposed zoning area. This stay shall exist for 120 days from the date the application or petition is filed with the county’s Planning Department or until the petition is approved or disapproved by the county’s Board of Commissioners, whichever first occurs. However, those applications for permits, minor subdivision approvals, and preliminary plat approvals meeting all provisions of the proposed zoning district, and not in conflict with the current zoning, will be accepted and processed provided approval has been granted or recommended by the Administrator or his or her designee.
(2) The following actions shall be taken by the applicant:
(a) Initiation of amendments.
1. Proposed changes or amendments to the Official Zoning Map may be initiated by the county’s Board of Commissioners, Planning Board, Board of Adjustment, Planning Department, or by the owner(s), or his or her agent, of property within the area proposed to be changed. Property not owned by the applicant(s) may be included as part of a proposed amendment to the Official Zoning Map. Applications by the owner(s) or his or her agent for changes or amendments to the Official Zoning Map may be submitted no more than once within a 12-month period for each individual parcel of property. This waiting period shall not apply to zoning map amendment requests initiated by the county’s Board of Commissioners, Planning Board, Board of Adjustment, or Planning Department.
2. Proposed amendments to the text of the chapter may be initiated by any interested party.
(b) Application.
1. An application shall be filed in the Planning Department office, according to the filing schedule, for any proposed map change or text amendment. This application shall cite the area on the existing map or the portion of the existing ordinance for which the change is requested.
2. The county’s Board of Commissioners shall set a fee, payable to the county to cover the necessary administrative costs and advertising of each proposed amendment or map change application. The set fee shall be posted in the county’s Planning Department office. The Planning Department, Planning Board, Board of Adjustment, and Board of Commissioners shall be exempted from this fee.
(3) Planning staff shall, upon receipt of an application for amendment, review such application for completion. Incomplete applications may be returned to the applicant(s) and/or delayed in review by applicable Boards due to insufficiencies. Upon receipt of a completed application, Planning staff will review and compare to best available information and data used to evaluate appropriateness of amendment requests. Planning staff will then make a recommendation on the amendment request, included as part of a staff report, which will be presented to the applicable Boards.
(4) The Planning Board shall consider and make recommendations to the county’s Board of Commissioners concerning each proposed text change or zoning district change. In cases where a zoning district change request is recommended for approval by the Planning Board but does not correspond with the adopted land use plan, the Planning Board shall further recommend that the land use plan be amended as appropriate. See § 153.300(F) for additional information. The following policy guidelines shall be followed by the Planning Board concerning text change or zoning district change and no proposed zoning district change will receive favorable recommendation unless the intent of the following statements are met:
(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; and
(e) The proposed change is in accordance with the comprehensive plan and sound planning principles.
(5) The county’s Board of Commissioners may from time to time as they see fit, amend any provisions of this chapter according to the following procedure:
(a) Notice of public hearing.
1. No amendment or map change shall be adopted by the county’s Board of Commissioners until and after public notice and hearing. Such notice and hearing shall be as provided in G.S. Chapter 160D as each may exist from time to time.
2. Before taking such lawful action as it may deem advisable, the Board of Commissioners shall consider the Planning Board’s recommendations on each proposed zoning amendment or map change. If no recommendation is received from the Planning Board within 30 days after public hearing by the Board of Commissioners, the proposed amendment shall be deemed to have been approved by the Planning Board.
(b) Statement of consistency. As required, whenever the Board of Commissioners makes a decision to adopt or reject an amendment, the Board shall approve a written statement describing whether the action is consistent with adopted plan(s). For purposes of this chapter, the required written statement shall be considered the staff report, unless otherwise specifically stated in the decision motion by the Board.
(B) Zoning map and text amendments. Zoning map and text amendments shall follow the procedures outlined above.
(C) Amendments to historic preservation regulations. No amendment shall receive recommendation from the county’s Planning Board unless the Historic Properties Commission has first been given the opportunity to make a recommendation on an application for any text, district, or designation change regulated by §§ 153.175 through 153.178.
(D) Amendments to airport height control regulations. No amendment shall receive favorable recommendation unless the application for any text or map change located within the boundary created by the airport control regulations shall be accompanied by a determination from the Federal Aviation Administration (FAA) as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. Additionally, no amendment shall receive recommendation from the county’s Planning Board unless the Airport Committee has first been given the opportunity to make a recommendation on an application for any change regulated by §§ 153.190 through 153.193.
(E) Amendments to water supply watershed regulations. The NCDENR will be informed of all amendments to this section that represent major changes in land use regulations related to all water supply watersheds located in the jurisdiction of the county.
(F) Land use plan amendments.
(1) General land use plan amendments. Amendments to the land use plan shall be considered for approval following the same procedure for filing a text amendment of this section, as outlined herein. For the purposes of this section, an amendment to the land use plan shall be considered as such in regards to advertising, public hearings, and all other similar requirements. These amendments shall be considered twice a year with at least a two-month staff review time period after an application has been received. Specific dates shall be published by development services at the beginning of the calendar year.
(2) Land use plan amendments made in conjunction with Zoning Map/change amendments. Where a proposed zoning change petition conflicts with the land use plan, the Planning staff may also request a land use plan amendment, to be considered simultaneously with the zoning district change request, as outlined herein.
(a) In such a case, the Planning Board and Board of Commissioners shall consider the plan amendment proposal and the zoning change petition separately, and shall vote separately on the two items (though the votes may occur simultaneously).
(b) The Planning Board shall submit its report and recommendation regarding the land use plan amendment to Board of Commissioners at the same time it submits its report and recommendation regarding the zoning change petition.
(c) For the purposes of this section, land use plan amendments will automatically be advertised in conjunction with the zoning district change request.
(Ord. passed 10-17-2011; Res. passed 11-16-2020; Ord. 2023-07, passed 3-20-2023)