(A) Town Council consideration. The Town Council shall consider changes and amendments to this chapter as often as necessary; provided, however, that should the Town Council deny a request for a zoning amendment, it shall not thereafter accept any other application for the same change of zoning district affecting the same property, or any portion thereof, until the expiration of one year from the date of such previous denial.
(B) Notice of public hearing. No amendment shall be adopted by the Town Council until after public notice and hearing. Notice of public hearing shall be published in a newspaper of general circulation in the town at least once a week for two successive weeks prior to hearing. Notice may also be made by posting the property concerned or by mailing notices to the owners of surrounding property.
(C) Town Council action. Before taking such lawful action as it may deem advisable, the Town Council shall consider the Planning Board’s recommendations on each proposed zoning amendment. If no recommendations are received from the Planning Board within 30 days after public hearing by the Town Council, the proposed amendment shall be deemed to have been approved by the Planning Board.
(D) Protests.
(1) In case, however, of a protest against such changes signed by the owners of 20% or more either of the area of the lots included in such proposed change or of those immediately adjacent in the rear thereof extending 100 feet therefrom, or of those directly opposite thereto extending 100 feet from the street frontage of such opposite lots, such amendment shall not become effective except by favorable vote of three-fourths of all members of the Town Council.
(2) No protest against any change in or amendment to the zoning map shall be valid or effective unless it be in the form of a written petition actually bearing the signatures of the requisite number of property owners and stating that the signers do protest the proposed change or amendment, unless it shall have been received by the Town Clerk in sufficient time to allow the town at least two normal working days, excluding Saturdays, Sundays and legal holidays, before the date established for a public hearing on the proposed change or amendment to determine the sufficiency and accuracy of the petition (G.S. § 160D-604). A person who has signed a protest petition may withdraw his or her name from the petition at any time prior to the vote on the proposed amendment.
(D) Generally. The Town Council may amend, supplement or change the text regulations and zoning district lines according to the following procedures. Under no circumstances shall the Town Council adopt such amendments that would cause this chapter to violate the watershed protection rules as adopted by the State Environmental Management Commission. Amendments affecting the watershed protection portions of this chapter shall be filed with the State Division of Environmental Management, the State Division of Environmental Health and the State Division of Community Assistance.
(Ord. passed 4-5-2010; Ord. passed 11-3-2014; Ord. passed 5-3-2021)