The Board of Commissioners may amend the text regulations and map district lines according to the following procedures.
(A) Applicant.
(1) Initiation of amendments. Proposed changes or amendments may be initiated by the Board of Commissioners, Planning Board, Board of Adjustment or by one or more owners of property within the area proposed to be changed or affected.
(2) Application. An application for any amendment shall contain a description or statement of the present and proposed zoning regulation or district boundary to be applied, the names and addresses of the owner or owners of the adjacent property to the lot in question, and the use of each adjacent property. The application shall be filed with the Zoning and Subdivision Administrator not later than 30 days prior to the Planning Board’s meeting at which the application is to be considered.
(3) Fee. A fee shall be paid to the town for each application for an amendment, to cover the costs of advertising and other administrative expenses involved.
(B) Planning Board review and recommendation. The Planning Board shall consider and make recommendations to the Board of Commissioners concerning each proposed zoning amendment. The Planning Board may hold separate public hearings or may sit concurrently with the public hearing held by the Board of Commissioners. The Planning Board’s procedure for advertising public hearings will follow those used by the Board of Commissioners enumerated in division (C) below.
(1) Planning Board reviews. Subsequent to initial adoption of a zoning ordinance, all proposed amendments to the zoning ordinance 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 Commissioners may proceed in its consideration of the amendment without the Planning Board report. The Board of Commissioners is not bound by the recommendations, if any, of the Planning Board.
(2) Planning Board conflict of interest. Members of appointed boards providing advice to the Board of Commissioners shall not vote on recommendations regarding any zoning map or text amendment where the member has a close familial, business or other associational relationship to the applicant or the outcome of the matter being considered is reasonably likely to have a direct, substantial and readily identifiable financial impact on the member. More information can be found in the Planning Board Rules of Procedure.
(3) Statement of consistency. 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 applicable. The Planning Board shall provide a written recommendation to the Board of Commissioners 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 Commissioners.
(C) Board of Commissioners. Before taking such lawful action as it may deem advisable, the Board of Commissioners shall consider the Planning Board’s recommendations on each proposed zoning map or text amendment. As stated in § 155.257, if no written statement or report of the map or text amendment is forwarded from the Planning Board within 30 days of referral, the Board of Commissioners may take action.
(1) Notice of public hearing.
(a) No amendment shall be adopted by the Board of Commissioners until after public notice and hearing. Notice of the public hearing shall be published in a newspaper of general circulation in the town at least once each week for two successive weeks prior to the hearing. The first notice of public hearing shall not appear less than ten days nor more than 25 days prior to the public hearing.
(b) In the case of zoning map amendments, notice of the public hearing regarding the zoning map amendment shall be mailed by first class mail to all adjoining/abutting property owners. The first-class mail notice shall not be required if the zoning map amendment directly affects more than 50 properties, owned by a total of at least 50 different property owners, and the town elects to use the expanded published notice provided for in this division (C). In this instance, the town may elect to either make the mailed notice provided for in this division (C), or may as an alternative elect to publish notice of the hearing as required by G.S. § 160D-1405, but provided that each advertisement shall not be less than one-half of a newspaper page in size. The advertisement shall only be effective for property owners who reside in the area of general circulation of the newspaper which 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 the mailed notice enumerated in this division (C)(1).
(c) When a zoning map amendment is proposed, the town shall prominently post a notice of the public hearing on the site proposed for rezoning or on an adjacent public street or highway right-of-way. When multiple parcels are included within a proposed zoning map amendment, a posting on each individual parcel is not required, but the town shall post sufficient notices to provide reasonable notice to interested groups.
(2) Governing Board conflict of interest. A Board of Commissioners member shall not vote on any zoning map or text amendment where the outcome of the matter being considered is reasonably likely to have a direct, substantial and readily identifiable financial impact on the member.
(3) Board of Commissioner statement.
(a) Prior to adopting or rejecting any zoning amendment, the Board of Commissioners shall adopt a statement describing whether its action is consistent with an adopted comprehensive plan and explaining why the Board considers the action taken to be reasonable and in the public interest. For zoning map amendments, the Board of Commissioners shall adopt a statement of reasonableness.
(b) The statement of reasonableness may consider, among other factors:
1. The size, physical conditions and other attributes of any 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 and the development permissible under the proposed amendment;
4. Why the action taken is in the public interest; and
5. Any changed conditions warranting the amendment.
(c) If a zoning amendment qualifies as a large scale rezoning under G.S. § 160D-602(b), the governing board statement on reasonableness may address the overall rezoning.
(4) Reconsideration of case. The Board of Commissioners will not reconsider a similar case for a period of 12 months.
(Ord. passed 2-20-2012; Ord. passed 3-17-2014; Ord. passed - -2022)