The procedures and requirements set forth in this Section shall apply to all legislative public hearings regarding text amendments, the rezoning of property to a conditional district, general use zoning district, overlay zoning district, general concept plans for major site plan approvals and major subdivision preliminary plats;
(A) (1) When the Village Planner has determined that an application is complete and that a public hearing is required by this Ordinance, the Village Planner shall schedule a date, time, and place for a public hearing before the Planning and Zoning Board;
(2) Mailed notice of the hearing for conditional zoning, map amendments, general concept plans for major site plans or major subdivision preliminary plats before the Planning and Zoning Board shall be deposited in the mail at least ten (10) days, but not more than twenty-five (25) days, prior to the date of the hearing.
(B) Any person may appear at the public hearing before the Planning and Zoning Board to speak in explanation or rebuttal, either individually or as a representative of an organization, upon receiving proper recognition from the chairperson of the body conducting the hearing;
(C) Each person who appears at a legislative public hearing shall identify himself or herself and his or her address and, if appearing on behalf of an organization, shall state the name and mailing address of the organization. Anyone representing an organization shall present written evidence of his or her authority to speak on behalf of the organization in regard to the matter under consideration, unless the chairperson waives this requirement;
(D) The Planning and Zoning Board shall provide for review and comment in writing to Village Council. If no written report is received within thirty (30) days of referral, Village Council may act on any map and text amendments without the planning board report;
(E) For map and text amendments, the Planning Board shall advise and comment on whether the proposed action is consistent with the adopted comprehensive plan and any other officially adopted plan;
(F) Village Council shall conduct a legislative hearing for map and text amendments. Prior to the hearing, a notice of the hearing shall be given once a week for two successive calendar weeks in a newspaper having general circulation in the area. The notice shall be published the first time not less than ten (10) days nor more than twenty-five (25) days before the date scheduled for the hearing. In computing such period, the day of publication is not to be included but the day of the hearing shall be included;
(G) For map amendments, the owners of affected parcels of land the owners of all parcels of land abutting that parcel of land shall be mailed a notice of the hearing by first-class mail at the last addresses listed for such owners on the Moore County Tax Registry. Properties are considered abutting even if separated by a street, railroad or other transportation corridor. The notice shall be deposited in the mail not less than ten (10) days nor more than twenty-five (25) days before the hearing before the Council’s legislative hearing;
(H) In lieu of mailed notice, the Village may use an optional expanded published notice for large-scale map amendments as provided for in NCGS § 160D-602(b) if the change in zoning involves more than fifty (50) properties owned by at least fifty (50) different property owners;
(I) When a map amendment is proposed, a prominent notice of the hearing shall be posted on the site or adjacent right-of-way not less than ten (10) days nor more than (25) days before the hearing;
(J) 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:
(1) By decreasing the development density of the land to be less dense than was allowed under its previous usage.
(2) 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.
(K) When adopting or rejecting a text or map amendment, Village Council shall approve a statement describing if its action is consistent or inconsistent with the adopted comprehensive plan. If a zoning map amendment is approved that is inconsistent with the adopted plan, the zoning amendment shall have the effect of also amending the future land use map. In addition, Council shall adopt a statement analyzing the reasonableness of the proposed amendment;
(L) At any time upon reasonable request, any person may examine the application and materials submitted in support of, or in opposition to, an application for approval under this Chapter. The Village Planner shall make copies of such materials available at cost as per the Village adopted fee schedule.
(Ord. 14-35, passed 09-24-2014; Ord. 21-12, passed 07-27-2021)