(A) The text of this chapter, the Official Zoning Map of the Town of Mills River, the adopted comprehensive plan, and the future land use vision map
be amended in order to:
(1) Correct an error or clarify statements or boundaries;
(2) Change the regulations in the text;
(3) Apply zoning to previously unzoned areas of the town; or
(4) Change the zoning or future land use designation of an area.
(B) Zoning map amendment. Except as provided in § 154.067, proposed changes or amendments to the Official Zoning Map of the Town of Mills River be initiated by the Mills River , the Planning Board, the Zoning Board of Adjustment, the Town Manager, or 1 or more of within the area proposed to be changed or affected, as applicable.
(C) Zoning text amendment, comprehensive plan amendment, or future land use vision map amendment. Proposed changes or amendments to this chapter, to the comprehensive plan, or to the future land use vision map be initiated by the Mills River , the Planning Board, or the Town Manager. One or more of within town limits, including designated agents and legal counsel representing , petition for an amendment to this chapter, to the comprehensive plan, or to the future land use vision map, only after holding a pre-application conference with to determine the acceptability of the proposed amendment.
(l) Pre-application conference required. Prior to submission of an application for an amendment to the zoning ordinance, the comprehensive plan, or the future land use vision map by a Mills River (s), the applicant arrange a pre-application conference with , coordinated by the .
(2) The applicant
submit to the
a description of the proposed amendment. The description shall identify sections proposed for amendment and include draft language or proposed changes.
(3) The pre-application conference with
is designed to inform the applicant of the town regulations and policies concerning amendments and potential compatibility or incompatibility with the town's adopted comprehensive plan. The pre-application conference is also meant to inform the town of the applicant's intentions.
has the authority to allow or deny the
initiated amendment to continue through the amendment process. An amendment initiated by 1 or more
in Mills River
proceed with submitting a formal amendment application only upon a majority vote from
authorizing such during the pre-application conference.
(4) Upon positive direction from
to proceed with the amendment process, the applicant
submit to the
a written application for an amendment, with the applicable fee as identified in the most recent Town of Mills River fee schedule.
(D) When considering any zoning text or map amendment, or comprehensive plan, or future land use vision map amendment, all proposed changes
be reviewed by the Planning Board, but only after a pre-application conference with
for amendments initiated by 1 or more
of
in Mills River. All changes approved or denied by
include a statement describing whether its action is consistent or inconsistent with the town's adopted comprehensive plan, per G.S. 160D-605(a). If a zoning map amendment is adopted and the action was deemed inconsistent with the future land use vision map and comprehensive plan, the zoning amendment
have the effect of also amending the future land use map in the approved comprehensive plan, and no additional request or application for a comprehensive plan amendment
be required.
(E) When adopting or rejecting any petition for a zoning map amendment, a statement analyzing the reasonableness of the proposed rezoning
be approved by the
, per G.S. 160D-605(b). This statement of reasonableness
consider, among other factors: (i) the size, physical conditions, and other attributes of the area proposed to be rezoned; (ii) the benefits and detriments to the
, the neighbors, and the surrounding community; (iii) the relationship between the current actual and permissible
on the tract and adjoining areas and the development that would be permissible under the proposed amendment; (iv) why the action taken is in the public interest; and (v) any changed conditions warranting the amendment. If a zoning map amendment qualifies as a “large-scale rezoning” under G.S. § 160D-602(b), the governing board statement on reasonableness
address the overall rezoning.
(F) Down-zoning. No zoning text or map amendment that down-zones be initiated nor is it enforceable without the consent of all whose is the subject of the down-zoning amendment, unless the down-zoning amendment is initiated by the Town of Mills River. For the purposes of this section, "down-zoning” means a zoning ordinance that affects an area of land in 1 of the following ways: (i) by decreasing the of the land to be less dense than was allowed under its previous usage; or (ii) by reducing the permitted uses of the land that are specified in the town zoning to fewer uses than were allowed under its previous usage, per G.S. 160D-601(d).
(Ord. passed 3-1-2004; Am. Ord. passed 7-29-2004; Am. Ord. passed 10-13-2005; Am. Ord. 2021-06, passed 4-22-2021; Am. Ord. 2021-18, passed 11-18-2021; Am. Ord. 2022-18, passed 12-8-2022; Am. Ord. 2023-04, passed 9-14-2023)