The Board of Commissioners may from time to time amend any part of the text of this ordinance or amend the Official Zoning Map of the town.
7.10.1 APPLICATION PROCEDURES
A. Pre-Application Process
Every applicant for a rezoning or text amendment is required to meet with the Administrator in a pre-application conference prior to the submittal of a formal application. The purposes of this conference are to provide additional information regarding the review process and assistance in the preparation of the application.
B. Process Type: Legislative.
C. Required Application Information
A petition for a text amendment or rezoning of a part of the town's official zoning map shall be filed on a form provided by the Administrator. Such petition shall contain all the information required on the form and must be determined to be complete by the Administrator prior to advancing it through the review process.
D. Determination of Compliance
The Administrator shall review the application to ensure that it is complete. The Administrator shall prepare a report and recommendation on the application for Planning Board review & recommendation. After review and recommendation on the application by the Planning Board, the Board of Commissioners shall hold a public hearing on the proposal for official action.
E. Review Process & Public Hearing
1. Planning Board Recommendation
a. Upon determination of compliance by the Administrator, the Planning Board shall review and provide a recommendation to the Board of Commissioners on the application at the next available, regularly scheduled meeting.
b. If the Planning Board is able to reach a recommendation without further deliberation, the Planning Board shall submit a recommendation on the application and refer it to the Board of Commissioners for their consideration at the next available public hearing.
c. If the Planning Board determines that further deliberation on the application is required, the Planning Board shall deliver its recommendation to the Board of Commissioners within 45 days of its first consideration on the matter. If no recommendation is received from the Planning Board within 45 days of it first consideration on the matter, the Board of Commissioners shall proceed in its consideration of the matter without a recommendation from the Planning Board.
d. The Planning Board shall advise and comment on whether the proposed amendment is consistent with the comprehensive plan. 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, but a comment by the Planning Board that the request is inconsistent with the comprehensive plan shall not preclude consideration or approval of the proposed amendment by the Board of Commissioners.
e. As used in this section, "comprehensive plan" includes a unified development ordinance and any other officially adopted plan that is applicable.
2. Effect of Planning Board Recommendation
a. If the Planning Board makes a favorable recommendation, the matter shall proceed to a public hearing before the Board of Commissioners.
b. If the Planning Board recommends against such amendment, a simple majority vote by the Board of Commissioners shall be required to approve the request.
3. Legislative Public Hearing
Upon consideration by the Planning Board, the Board of Commissioners shall hold a legislative public hearing on the proposal. The applicant and other property owners likely to be affected by the application shall be given an opportunity to be heard.
4. Board of Commissioners Decision
a. Following receipt of a recommendation from the Planning Board, or after 45 days from the Planning Board meeting if no recommendation is received, the Board of Commissioners shall conduct a public hearing on the matter.
b. Upon reviewing all of the pertinent information, the Board of Commissioners take action to:
i. Adopt the proposed amendment/rezoning request.
ii. Adopt the proposed amendment/rezoning request with modifications.
iii. Reject the proposed amendment/rezoning request.
iv. Refer the proposed amendment back to the Planning Board for further consideration.
F. Land Use Plan Consistency
1. In accordance with G.S. Chapter 160D all rezonings/zoning map amendments shall be made in accordance with the comprehensive plan.
2. Prior to adopting or rejecting any such request, the Board of Commissioners shall adopt a statement describing the proposal's consistency or inconsistency with the comprehensive plan.
G. Citizen Comments
1. If any resident or property owner in the town submits a written statement regarding a proposed amendment, modification, or repeal to this 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 Board of Commissioners.
2. Any resident or property owner who submits a written statement of citizen concern may withdraw their written statement any time prior to the meeting at which the item will be considered.
H. Appeals
An appeal from the decision of the Board of Commissioners regarding a text amendment/rezoning may be made by an aggrieved party and shall be made to the Superior Court of Harnett County in the nature of certiorari. Any such petition shall be filed with the clerk of the superior court within 30 days after the decision of the Board is filed with the Town Clerk, or after a written copy thereof is delivered to every aggrieved party who has filed a written request for such copy with the secretary or chairman of the Board at the time of its hearing of the case, whichever is later. The decision of the Board may be delivered to the aggrieved party either by personal service or by registered mail or certified mail return receipt requested.
I. Period to Subsequent Application
1. After an application for an amendment has been approved or denied by the Board of Commissioners, there shall be a six month waiting period before an application shall be considered on the same issue.
2. This waiting period may be waived by the Board of Commissioners (three-fourths vote required) if it determines that there have been substantial changes in conditions or circumstances which may relate to the request.
(Ord. passed 2-14-2017; Ord. 2020-01, passed 7-9-2019; Ord. passed 2-15-2022)