(A) Authority. The Town Board shall have the authority to amend the zoning text and maps as follows; except that, amendments to this text which affect one or more watershed requirements shall also follow the procedures outlined in § 8-3.9.8 for amendments.
(B) Initiation. Any amendment to the zoning text or map, except for the classification of property to a conditional district may be initiated by:
(1) The Town Board or the Planning Board;
(2) The property owner(s), upon filing an official petition including a complete application; and
(3) No amendment to zoning regulations or a zoning map that down-zones property shall be initiated nor is it enforceable without the written consent of all property owners whose property is the subject of the down-zoning amendment unless the down-zoning amendment is initiated by the local government. For purposes of this section, "down-zoning" means a zoning ordinance that affects an area of land in one of the following ways:
(a) By decreasing the development density of the land to be less dense than was allowed under its previous usage.
(b) By reducing the permitted uses of the land that are specified in a zoning ordinance or land development regulation to fewer uses than were allowed under its previous usage.
(C) Application for a text amendment. A petition for amendment to the text of this article shall consist of:
(1) A completed application form;
(2) A written justification for the requested amendment including consistency of the proposal with town planning policies;
(3) All appropriate fees; and
(4) Any other information deemed necessary by the Zoning Administrator or Review Board.
(D) Application for a map amendment. A petition for amendment to the Zoning Map shall consist of:
(1) A completed application form;
(2) A list of adjoining properties including tax parcel numbers and the name and address of each owner. For the purposes of this section, adjoining property owners shall include owners of properties lying within 100 feet of the subject property if located across a public or private street;
(3) A map of the parcel and its relationship to the general area in which it is located;
(4) All appropriate fees; and
(5) Any other information deemed necessary by the Zoning Administrator or Review Board.
(E) Conditional District rezonings.
(1) Initiation. The reclassification of property to a conditional District may be initiated only by the property owner(s) or an agent authorized by affidavit to act on the owner’s behalf.
(2) Petition. A request for rezoning to a conditional District shall include an official petition consisting of the following:
(a) A completed application form;
(b) A list of adjoining properties including tax parcel numbers and the name and address of each owner. For the purposes of this section, adjoining property owners shall include owners of properties lying within 100 feet of the subject property if located across a public or private street;
(c) A map of the parcel and its relationship to the general area in which it is located;
(d) All appropriate fees;
(e) A Level 2 site plan;
(f) A written description or notation on the map explaining the proposed use of all land and structures, including the number of residential units or the total square footage of any non-residential development; and
(g) Any other information deemed necessary by the Zoning Administrator or Review Board.
(3) Conditions. Prior to the action on the proposed amendment (which may also include a period after the public hearing) any Planning Board or Town Board member (or any group of members not comprising a majority of the Board) may meet with the petitioner to discuss the proposed plan and suggest features to be included in the rezoning proposal. The specifics of the plan may be negotiated to address community issues or concerns and to ensure that the spirit and intent of this article are preserved. During the public hearing, the Town Board may suggest additional features to be included or reflected in the proposal prior to taking action on the request, but only those that are mutually approved by the town and the petitioner may be incorporated into the zoning regulations or permit requirements. These mutually approved conditions shall be listed and signed by the applicant/petitioner during the Town Council hearing.
(4) When development not begun within three years. The property owner shall commence construction in accordance with the approved development plan within three years after the rezoning. If the Planning Board determines that construction has not commenced in accordance with the plan within the time period, it may, at its discretion, recommend to the Town Board that the town rezone the property to an appropriate General Use Zoning District.
(F) Copies. The Zoning Administrator shall determine the number of copies of each petition and other required documentation to be submitted by the petitioner so that copies may be circulated to all appropriate staff, agencies and boards for review and comment.
(G) Withdrawal or amendment of petition.
(1) A petition filed according to this section may be withdrawn by the petitioner at any time up to the scheduling, by the Town Board, of the date of the public hearing on the petition.
(2) If the petitioner wishes to withdraw the petition after the scheduling of the public hearing, the petitioner may file a request to withdraw with the Town Clerk. On the date scheduled for the hearing, the Town Board may approve the request for withdrawal if it finds that there are substantial circumstances favoring the withdrawal and that the withdrawal will not be detrimental to the interests of citizens affected by the petition.
(3) Once the petition has been filed, the petitioner shall not be allowed to amend it except by request to the Zoning Administrator no later than three weeks prior to the scheduled public hearing date. No changes to the petition shall be accepted in the intervening weeks prior to the public hearing. No changes to the petition shall be made at the hearing, although potential changes proposed by the petitioner, Planning Board, Town Board and other interested parties may be presented at the hearing and considered by the Planning Board and Town Board during their deliberations.
(4) If the Town Board deems any amendment to be a substantial change to the petition, it shall defer action on the petition for 30 days to allow interested parties the opportunity to comment on the amendment to the petition.
(5) If the Town Board deems any amendment to be an intensification of the petition, it shall call a new public hearing.
(H) Protest petitions.
(1) Written protest against an amendment to the zoning classification of property, excepting amendments which initially zone property added to the territorial coverage of the ordinance, shall require a favorable vote of three-fourths of all members of the Town Board under the following conditions:
(a) If written protests are submitted by the owners of 20% or more of the area of the lots included in a proposed change; or
(b) If written protests are submitted by the owners of 5% of a 100-foot wide buffer extending along the entire boundary of each discrete or separate area proposed to be rezoned. A street right-of-way shall not be considered in computing the 100-foot buffer area as long as that street right-of-way is 100 feet wide or less. When less than an entire parcel of land is subject to the proposed zoning map amendment, the 100-foot buffer shall be measured from the property line of that parcel. In the absence of evidence to the contrary, the city may rely on the county tax listing to determine the “owners” of potentially qualifying areas.
(c) Vacant positions on the Council and members who are excused from voting shall not be considered members of the council for calculation of the requisite super majority.
(d) The foregoing provisions concerning protests shall be applicable to any amendment which initially zones property added to the territorial coverage of the ordinance as a result of annexation or otherwise or to an amendment to an adopted:
1. Special use District;
2. Conditional District; and
3. If the amendment does not change the types of uses that are permitted within the District or increases the approved density for residential development or increase the total approved size of non-residential development or reduce the size of any buffers or screening approved for the special use District or conditional District.
(2) To be valid and effective, protest letters shall:
(a) Be presented in writing;
(b) Contain the signature(s) and address(s) of the protesting property owner(s);
(c) State that the signer does protest the proposed amendment;
(d) Be received by the Town Clerk at least two working days, excluding Saturdays, Sundays and legal holidays before the date established for a public hearing on the proposed amendment, in order to establish the sufficiency and accuracy of the petition; and
(e) Subject to the limitations of this article, zoning regulations may from time to time be amended, supplemented, changed, modified, or repealed. If any resident or property owner in the town's planning and zoning jurisdiction submits a written statement regarding a proposed amendment, modification, or repeal to a zoning regulation, including a text or map amendment that has been properly initiated as provided in § 8-3.9.7 above, 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. If the proposed change is the subject of a quasi-judicial proceeding under §§ 8-3.9.4, 8-3.9.5, and 8-3.9.6, the Town Clerk shall provide only the names and addresses of the individuals providing written comment, and the provision of such names and addresses to all members of the Board of Commissioners shall not disqualify any member of the respective board(s) from voting.
(I) Hearing.
(1) The Town Board may refuse to call for a public hearing on any petition for amendment to the zoning text or zoning map if, in the Board’s opinion, the petition lacks merit.
(2) Notice of public hearings required under these regulations shall be in accordance with the North Carolina General Statutes.
(3) Notice of any request for a change in the zoning map shall state that the Planning Board and Town Board may consider the application of any of the zoning districts to the property, not just the classification requested.
(4) Conduct of public hearing:
(a) No amendment shall be adopted until after the Town Board has held a public hearing on the proposed amendment.
(b) The hearing shall be conducted in accordance with rules and procedures established by the Mayor and Town Board.
(c) When presenting a petition for the reclassification of property to a General Use District, as opposed to a Conditional Zoning District, the petitioner shall refrain from using any graphic materials or descriptions of the proposed use or development site design, except for those which would apply to any use or development site design permitted in the requested district.
(J) Recommendation and decision.
(1) No proposed amendment shall be approved unless it is first submitted to the Planning Board for a recommendation. If the Planning Board does not make a recommendation to approve, approve with conditions, deny or defer a decision on the proposed amendment within 31 calendar days after the petition has been referred to it, then the Planning Board shall be considered to have recommended deferral for additional deliberation. The petition, along with the recommendation of the Planning Board, shall be placed on the agenda of the Town Board at its next regular zoning meeting.
(2) The Town Board, after receiving the recommendation of the Planning Board, shall within a reasonable time either reject the proposed amendment or approve the proposed amendment, with or without modifications.
(3) In considering any petition to reclassify property the Planning Board in its recommendation and the Town Board in its decision shall consider all of the following:
(a) Whether the proposed reclassification is consistent with the purposes, goals, objectives and policies of adopted plans for the area;
(b) Whether the proposed reclassification is consistent with the overall character of existing development in the immediate vicinity of the subject property;
(c) The adequacy of public facilities and services intended to serve the subject property, including, but not limited to, roadways, parks and recreational facilities, police and fire protection, hospitals and medical services, schools, storm water drainage systems, water supplies and wastewater and refuse disposal; and
(d) Whether the proposed reclassification will adversely affect a known archaeological, environmental, historical or cultural resource.
(4) When considering a petition to reclassify property to a general-use District, the Planning Board and the Town Board shall not evaluate the petition based on any specific proposal for the use of the property or design of the site.
(5) In approving an amendment to reclassify property to a general-use District or, with the consent of the petitioner, to a conditional District, the Town Board may change the existing classification of the property or any part of the property covered by the petition, to the classification requested or to any other classification or classifications permitted by this article.
(6) The Town Board may modify any proposed text amendment upon adoption of an ordinance enacting the amendment, without the withdrawal or modification of the petition or further public hearings, when, in the opinion of the Board, such a change would not require a separate public hearing.
(7) The Planning Board shall advise and comment on whether the proposed amendment is consistent with any comprehensive plan that has been adopted and any other officially adopted plan that is available. The Planning Board shall provide a written recommendation to the governing board that addresses plan consistency and other matters as deemed appropriate by the Planning Board, but a comment by the Planning Board that a proposed amendment is inconsistent with the comprehensive plan shall not preclude consideration or approval of the proposed amendment by the governing board.
(8) A statement analyzing the reasonableness of the proposed rezoning shall be prepared for each petition for a rezoning to a conditional use District or other small-scale rezoning.
(9) Prior to adopting or rejecting any zoning amendment, the governing board shall adopt a statement describing whether its action is consistent with the adopted land use plan and explaining why the Board considers the action taken to be reasonable and in the public interest. If a zoning map amendment is adopted and the action was deemed inconsistent with the adopted plan, the zoning amendment shall have the effect of also amending any future land-use map in the approved plan, and no additional request or application for a plan amendment shall be required. A plan amendment and a zoning amendment may be considered concurrently. If a zoning map amendment qualifies as a "large-scale rezoning" under G.S. § 160D-602(b), the governing board statement describing plan consistency may address the overall rezoning and describe how the analysis and policies in the relevant adopted plans were considered in the action taken.
(10) Additional reasonableness statement for rezonings (map amendments).
(a) 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 Planning Board and recommended to the Board of Commissioners. The Board of Commissioners shall adopt its own statement of reasonableness at the time it rules on a petition for a zoning amendment. This statement of reasonableness may consider, among other factors,
1. The size, physical conditions, and other attributes of the area proposed to be rezoned;
2. The benefits and detriments to the landowners, the neighbors, and the surrounding community;
3. 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;
4. Why the action taken is in the public interest; and
5. Any changed conditions warranting the amendment.
(b) If a zoning map amendment qualifies as a "large-scale rezoning" under G.S. § 160D-602(b), the Planning Board and Board of Commissioners statements on reasonableness may address the overall rezoning.
(11) The Planning Board and/or Board of Commissioners may consider and adopt a combined, single statement of consistency and reasonableness.
(K) Effect of the denial of a petition.
(1) A petition for the reclassification of property that has been denied in whole or in part, shall not be re-submitted within one year of the date of the Town Board’s action on the original petition.
(2) The Town Board may, however, allow re-submission of a petition within the one-year restricted period if it determines that, since the date of action on the prior petition, one of the following criteria has been met:
(a) There has been a similar change in the zoning district classification of an adjacent property;
(b) The Town Board has adopted a new or amended plan for the area that changes public policy regarding how the property affected by the amendment should be developed;
(c) Construction or expansion of a road, water line, sewer line or other infrastructure has occurred or is to occur in a time frame as to serve the property and comfortably accommodate the intensity of development allowed under the proposed classification; and
(d) There has been a substantial change in conditions or circumstances, outside the control of the petitioner, which justifies waiver of the one-year restriction on a new petition. This shall not include a change in the ownership of the subject property nor, in the case of a petition for reclassification to a conditional or overlay District, a change in the scale or features of the development proposed in the prior petition.
(2003 Code, § 8-3.9.7) (Updated 2009) (Amended 6-1-2021)