(A) In considering proposed changes in the text of this ordinance or in the zoning map, the Town Commissioners act in their legislative capacity and must proceed in accordance with the requirements and provisions set forth in this subchapter.
(B) At the conclusion of the public hearing on a proposed amendment, the Town Commissioners may proceed to vote on the amendment, refer it for further study or take any other action consistent with the usual rules of procedure. All development regulation adopted pursuant to G.S. Chapter 160D shall be adopted by ordinance.
(C) The Town Commissioners are not required to take final action on a proposed amendment within any specific period of time but should proceed as expeditiously as practicable on petitions for amendments since inordinate delays can result in the petitioner incurring unnecessary costs.
(D) If no written report is received from the Planning Board within 30 days of referral of the amendment to that Board, the governing board may proceed in its consideration of the amendment without the Planning Board report. The governing board is not bound by the recommendations, if any, of the Planning Board.
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(E) Prior to adopting or rejecting any zoning text or map amendment, the Town Commissioners shall adopt a statement describing whether its action is consistent or inconsistent with an adopted comprehensive or land-use plan. The requirement for a plan consistency statement may also be met by a clear indication in the minutes of the governing board that at the time of action on the amendment the Board of Commissioners was aware of and considered the Planning Board's recommendations and any relevant portions of an adopted comprehensive or land-use plan. That statement is not subject to judicial review.
(F) When adopting or rejecting any petition for a zoning map amendment, a statement analyzing the reasonableness of the proposed rezoning shall be approved by the Town Commissioners. This statement of reasonableness may 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 landowners, the neighbors, and the surrounding community; (iii) the relationship between the current actual and permissible development 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 may address the overall rezoning.
(G) A Town Commissioner shall not vote on any zoning map or text amendment where the outcome of the matter being considered is reasonably likely to have a direct, substantial and readily identifiable financial impact on the member.
(Ord. passed 2-10-2009, § 13.6; Ord. passed 7-6-2022, § 2.24)