§ 154.275 ACTION BY THE BOARD OF ADJUSTMENT.
   (A)   Zoning amendments. All proposed amendments to this chapter or Zoning District Map shall be submitted to the Board of Adjustment for review and comment. If no written report is received from the Board of Adjustment within 30 days of referral of the amendment to that Board, the Town Board may act on the amendment without the Board of Adjustment report. The Town Board are not bound by the recommendations, if any, of the Board of Adjustment.
   (B)   Plan consistency. When conducting a review of proposed zoning text or map amendments pursuant to this section, the Board of Adjustment 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 Board of Adjustment shall provide a written recommendation to the Town Board that addresses plan consistency and other matters as deemed appropriate by the Board of Adjustment, but a comment by the Board of Adjustment that a proposed amendment is inconsistent with the comprehensive plan shall not preclude consideration or approval of the proposed amendment by the governing board. If a Zoning Map amendment qualifies as a "large-scale rezoning" under § 154.273(B) the Board of Adjustment 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.
   (C)   Separate Board required. Notwithstanding the authority to assign duties of the Planning Board to the Town Board as provided by G.S. Ch. 160D, the review and comment required by this section shall not be assigned to the Town Board and must be performed by a separate Board.
   (D)   Reapplication for amendment. Application for amendment in this chapter shall only be permitted once within any 12-month period. The Town Board, by three-fourths vote of its total membership, may waive this restriction if it finds any emergency exists.
(Ord. passed 6-29-2021)