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§ 152.053  WITHDRAWAL OF APPLICATION.
   (A)   Submission of request. Any request for withdrawal of an application subject to a public hearing shall be submitted in writing to the Ordinance Administrator, or shall be made through a verbal request at the public hearing for which the application has been scheduled.
   (B)   Prior to notice of public hearing. The Ordinance Administrator shall approve a request for withdrawal of an application if it has been submitted prior to public notification of the application.
   (C)   Subsequent to notice of public hearing.
      (1)   If the request for withdrawal of an application is submitted subsequent to public notification, the request for withdrawal shall be placed on the public hearing agenda and acted upon by the decision-making body.
      (2)   Whenever an application subject to a requirement for a public hearing before the town’s Board of Commissioners is withdrawn after public notification, but prior to a decision by the town’s Board of Commissioners, no similar application may be submitted for the same property for a period of 90 days following the withdrawal.
   (D)   Fees. Fees shall not be refunded for withdrawn applications.
   (E)   Waiting period. No more than two withdrawals of the same type of development application for the same property may be filed within any single 12-month period, and no similar type of application may be filed for the same land within one year following the second withdrawal.
(Ord. passed 3-5-2018)
§ 152.054  NOTIFICATION TO APPLICANT.
   Within a reasonable period of time after a decision on an application, the Town Clerk shall notify the applicant of the decision in writing. Within a reasonable period of time after the decision, a copy of the decision shall also be made available to the public in the office of the Town Clerk, during normal business hours.
(Ord. passed 3-5-2018)
§ 152.055  LAPSE OF APPROVAL.
   Lapse of approval (also referred to as “expiration”) shall occur as provided by this chapter for the various types of development applications. If no provision for lapse is given by this chapter for a particular type of development permit or approval, and if no lapse period is imposed as part of an approval by the decision-making body, lapse shall occur if development is not commenced or a subsequent permit authorized by that approval is not obtained within two years.
(Ord. passed 3-5-2018)
§ 152.056  EXAMINATION OF APPLICATIONS AND SUPPORTING DOCUMENTS.
   (A)   At any time upon reasonable request and during normal business hours, any person may examine an application, a finalized staff report and materials submitted in support of or in opposition to an application in the office of the Town Clerk.
   (B)   Copies of such materials shall be made available at a reasonable cost.
(Ord. passed 3-5-2018)
DEVELOPMENT APPLICATIONS
§ 152.070  GENERAL.
   This section includes the review procedures, standards and related information for each of the development application procedures as summarized in the table in § 152.026 of this chapter.
(Ord. passed 3-5-2018)
§ 152.071  OFFICIAL ZONING MAP AMENDMENT.
   (A)   Purpose. The purpose of this section is to provide a uniform means for amending the official zoning map.
   (B)   Authority. The town’s Board of Commissioners may adopt an ordinance amending the official zoning map upon compliance with the provisions of this section.
   (C)   Initiation. An application to amend the official zoning map may be initiated by the town’s Board of Commissioners, the Planning Board, the Ordinance Administrator, a resident of the town or any other person having a financial or other interest in land located within the town’s zoning jurisdiction.
   (D)   Procedures.
      (1)   Preliminary procedures. The preliminary procedures and requirements for submission and review of an application are established in §§ 152.045 through 152.056 of this chapter.
      (2)   Review and recommendation by Ordinance Administrator. Prior to the submission of the application to the Planning Board, the Ordinance Administrator shall review the application and make a written recommendation which he or she shall present to the Planning Board during the meeting at which it considers the application.
      (3)   Review and recommendation by Planning Board. Following the review by the Ordinance Administrator, the application shall be forwarded to the Planning Board for its review and recommendation. During the meeting, the Planning Board shall consider the application, relevant supporting materials, the Ordinance Administrator’s recommendation and any comments given by the public on the matter. Within 30 days of the first meeting on an application, the Planning Board shall make a written recommendation to the Board of Commissioners. In making its recommendation, the Planning Board shall include a written statement summarizing the amendment’s consistency with the Future Land Use Plan and any other relevant plans having applicability to the proposed amendment in accordance with G.S. § 160A-383.
      (4)   Review and action by Board of Commissioners. Following consideration by the Planning Board, the town’s Board of Commissioners shall conduct a public hearing to review and consider the application, the relevant supporting materials, the Ordinance Administrator’s recommendation, the recommendation of the Planning Board and the comments given during the hearing (if any). Following the close of the public hearing, the town’s Board of Commissioners shall take one of the following actions:
         (a)   Approve the rezoning application as requested;
         (b)   Approve the rezoning application with a reduction in size of the area requested;
         (c)   Approve the rezoning application to a more restrictive base zoning district;
         (d)   Deny the rezoning application; and
         (e)   Remand the rezoning application back to the Planning Board for further consideration.
Regardless of the decision on the application, the Board of Commissioners shall adopt a statement on the proposed amendment’s consistency with the Future Land Use Plan and any other relevant plans having applicability to the proposed amendment as well as the reasonableness of the action and how the action furthers the public interest in accordance with G.S. § 160A-383. Where a rezoning is approved that has the effect of creating an isolated district (a zoning district surrounded entirely by dissimilar zoning districts) that is less than ten acres in size, the Board of Commissioners shall also adopt a statement analyzing the reasonableness of the approval of the small scale rezoning in accordance with G.S. § 160A-382.
   (E)   Protest petitions.
      (1)   General. Applications to amend the official zoning map which are subject to a valid protest petition as set forth in G.S. § 160A-385 shall only be approved by an affirmative vote of at least three-fourths of the members of the town’s Board of Commissioners who are eligible to vote on the matter.
      (2)   Valid protest petitions.
         (a)   For a protest petition to be valid, it must be signed by:
            1.   The owners of at least 20% of the land area within the area subject to the application for amendment; or
            2.   The owners of at least 5% of the land within a 100-foot buffer extending along the perimeter of the area subject to the application for amendment. A street right-of-way shall not be considered in computing the buffer distance; provided that, the right-of-way is less 100 feet in width. If an area less than an entire parcel is proposed for rezoning, the buffer shall be computed from the exterior parcel boundary.
         (b)   In accordance with G.S. § 160A-385(a), no protest against any change in or amendment to a zoning ordinance or zoning map shall be valid or effective for the purposes of G.S. § 160A-385 unless it is in the form of a written petition actually bearing the signatures of the requisite number of property owners and stating that the signers do protest the proposed change or amendment, and unless it shall have been received by the Town Clerk in sufficient time to allow the town at least two normal work days, excluding Saturdays, Sundays and legal holidays, before the date established for a public hearing on the proposed change or amendment to determine the sufficiency and accuracy of the petition.
(Ord. passed 3-5-2018)
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