(A) The
shall have the following powers and duties to be carried out in accordance with these regulations which include, but are not limited to, the following:
(1) To initiate and make amendments to the text of these regulations and to the zoning maps;
(2) To hear, review, and adopt or reject amendments to the text of these regulations and to the zoning maps;
(3) To hear, review, and act on requests for zoning
s;
(4) To take such other action not delegated to the
or
as the
may deem desirable and necessary to implement the provisions of these regulations; and
(5) To adopt temporary moratoria on any
required by law except for the purpose of developing and adopting new or amended plans or
s governing residential uses.
(6) The shall hear and decide on conditional zoning district requests.
(7) Unless otherwise specifically provided in this chapter, in acting upon conditional zoning district requests or in considering amendments to this chapter or the zoning map, the shall follow the regular voting and other requirements as set forth in other provisions of the town code.
(8) The shall hear all variances related to subdivisions.
(9) (a) A member shall not vote on any legislative decision regarding a
where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member. Additionally, a member shall not vote on any zoning amendment if the landowner of the property subject to a rezoning petition or the applicant for a text amendment is a person with whom the member has a
, business, or other associational relationship.
(b) When the exercises quasi-judicial functions, no member shall participate in or vote on any quasi-judicial matter in a manner that would violate affected persons’ constitutional rights to an impartial decision maker. Impermissible violations of due process include, but are not limited to, a member having a fixed opinion prior to hearing the matter that is not susceptible to change, undisclosed ex parte communications, a
, business, or other associational relationship with an affected person, or a financial interest in the outcome of the matter.
(c) If an objection is raised to a board member’s participation at or prior to the hearing or vote on a particular matter and that member does not recuse himself or herself, the remaining members of the board shall by majority vote to rule on the objection.
(10) (a) When adopting or rejecting any zoning text or map amendment, the shall approve a brief statement describing whether its action is consistent or inconsistent with an adopted
. The plan consistency statement is not subject to judicial review.
(b) The requirement for a plan consistency statement may also be met by a clear indication in the minutes of the that at the time of action on the amendment the Board was aware of and considered the Planning Board’s recommendations and any relevant portions of an adopted
.
(c) If a zoning map amendment is adopted and the action was deemed inconsistent with the adopted plan, the zoning amendment shall have the effect of also amending any future land-use map in the approved plan, and no additional request or application for a plan amendment shall be required. A plan amendment and a zoning amendment may be considered concurrently.
(d) If a zoning map amendment qualifies as a “large-scale rezoning” under G.S. § 160D-602(b), the 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 action taken.
(11) (a) When adopting or rejecting any petition for a zoning map amendment, a statement analyzing the reasonableness of the proposed rezoning shall be approved by the . This statement of reasonableness may consider, among other factors:
1. The size, physical conditions, and other attributes of the 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 on the tract and adjoining areas and the development that would be permissible under the proposed amendment;
4. Why the action taken is in the public interest; and
5. Any changed conditions warranting the amendment.
(b) If a zoning map amendment qualifies as a “large-scale rezoning” under G.S. § 160D-602(b), the statement on reasonableness may address the overall rezoning.
(c) The statement of reasonableness and the plan consistency statement required by this section may be approved as a single statement.
(Ord. 2005-O3, passed 3-15-2005; Am. Ord. 2006-11, passed 4-18-2006; Am. Ord. 2010-O20, 7-20-2010; Am. Ord. 2014-O9, passed 4-15-2014; Am. Ord. 2021-O3, passed 5-24-2021)