(A) Mailed notice. Subject to the limitations of this ordinance, an ordinance shall provide for the manner in which zoning regulations and the boundaries of zoning districts are to be determined, established, and enforced, and from time to time amended, supplemented, or changed, in accordance with the provisions of this ordinance. The owners of affected parcels of land and the owners of all parcels of land abutting that parcel of land shall be mailed a notice of the hearing on a proposed zoning map amendment by first-class mail at the last addresses listed for such owners on the county tax abstracts. For the purpose of this section, properties are "abutting" even if separated by a street, railroad, or other transportation corridor. This notice must be deposited in the mail at least ten but not more than 25 days prior to the date of the hearing. If the zoning map amendment is being proposed in conjunction with an expansion of municipal extraterritorial planning and development regulation jurisdiction under G.S. § 160D-202, a single hearing on the zoning map amendment and the boundary amendment may be held. In this instance, the initial notice of the zoning map amendment hearing may be combined with the boundary hearing notice and the combined hearing notice mailed at least 30 days prior to the hearing.
(B) Optional notice for large-scale zoning map amendments. The first-class mail notice required under paragraph (A) of this section is not required if the zoning map amendment proposes to change the zoning designation of more than 50 properties, owned by at least 50 different property owners, and the local government elects to use the expanded published notice provided for in this subsection. In this instance, a local government may elect to make the mailed notice provided for in paragraph (A) of this subsection or, as an alternative, elect to publish notice of the hearing as required by G.S. § 160D-601, provided that each advertisement shall not be less than one-half of a newspaper page in size. The advertisement is effective only for property owners who reside in the area of general circulation of the newspaper that publishes the notice. Property owners who reside outside of the newspaper circulation area, according to the address listed on the most recent property tax listing for the affected property, shall be notified according to the provisions of paragraph (A) of this subsection.
(C) Posted notice. When a zoning map amendment is proposed, the local government shall prominently post a notice of the hearing on the site proposed for the amendment or on an adjacent public street or highway right-of-way. The notice shall be posted within the same time period specified for mailed notices of the hearing. When multiple parcels are included within a proposed zoning map amendment, a posting on each individual parcel is not required but the local government shall post sufficient notices to provide reasonable notice to interested persons.
(D) Citizen comments. Subject to the limitations of this ordinance, zoning regulations may from time to time be amended, supplemented, changed, modified, or repealed. If any resident or property owner in the local government 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 G.S. § 160D-601, to the clerk to the Board at least two business days prior to the proposed vote on such change, the clerk to the Board shall deliver such written statement to the Board of Aldermen. If the proposed change is the subject of a quasi-judicial proceeding under G.S. § 160D-705 or any other statute, the 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 shall not disqualify any member of the Board from voting.
(G.S. § 160D-603)
(E) Planning Board review and comment.
(1) Initial zoning. In order to exercise zoning powers conferred by this ordinance for the first time, a local government shall create or designate a Planning Board under the provisions of this article or of a special act of the General Assembly. The Planning Board shall prepare or shall review and comment upon a proposed zoning regulation, including the full text of such regulation and maps showing proposed district boundaries. The Planning Board may hold public meetings and legislative hearings in the course of preparing the regulation. Upon completion, the Planning Board shall make a written recommendation regarding adoption of the regulation to the Board of Aldermen. The Board of Aldermen shall not hold its required hearing or take action until it has received a recommendation regarding the regulation from the Planning Board. Following its required hearing, the Board of Aldermen may refer the regulation back to the Planning Board for any further recommendations that the Board may wish to make prior to final action by the Board of Aldermen in adopting, modifying and adopting, or rejecting the regulation.
(2) Zoning amendments. Subsequent to initial adoption of a zoning regulation, all proposed amendments to the zoning regulation or zoning map shall be submitted to the Planning Board for review and comment. If no written report is received from the Planning Board within 30 days of referral of the amendment to that board, the Board of Aldermen may act on the amendment without the Planning Board report. The Board of Aldermen is not bound by the recommendations, if any, of the Planning Board.
(3) Review of other ordinances and actions. Any development regulation other than a zoning regulation that that is proposed to be adopted pursuant to this ordinance may be referred to the Planning Board for review and comment. Any development regulation other than a zoning regulation may provide that future proposed amendments of that ordinance be submitted to the Planning Board for review and comment. Any other action proposed to be taken pursuant to this ordinance may be referred to the Planning Board for review and comment.
(4) Plan consistency. When conducting a review of proposed zoning text or map amendments pursuant to this section, the Planning Board shall advise and comment on whether the proposed action is consistent with any comprehensive plan that has been adopted and any other officially adopted plan that is applicable. The Planning Board shall provide a written recommendation to the Board of Aldermen 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 Board of Aldermen. If a zoning map amendment qualifies as a “large-scale rezoning” under G.S. § 160D-602(b), the Planning 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 recommendation made.
(5) Separate board required. Notwithstanding the authority to assign duties of the Planning Board to the Board of Aldermen as provided by this ordinance, the review and comment required by this section shall not be assigned to the Board of Aldermen and must be performed by a separate board.
(G.S. § 160D-604)
(F) The applicant and landowner must provide written consent to conditions related to a conditional zoning approval to ensure enforceability. (S.L. 2019-111 Pt. 1)
(G.S. § 160D-602) (Ord. passed 7-1-2021)