(a) 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 thirty (30) days after their meeting, the proposed amendment shall be deemed to have been approved by the Planning Board.
(b) Before adopting or rejecting any zoning amendment, Town Council shall adopt a statement describing whether its action is consistent with the adopted land use plan and explaining why the Council considers its action to be reasonable and in the public interest (see G.S. 160D-605).
(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.
(d) A plan amendment and a zoning amendment may be considered concurrently. The plan consistency statement is not subject to judicial review. If a zoning map amendment qualifies as a "large-scale rezoning" under G.S. 160D-602(b), the governing board 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.
(e) Additional reasonableness statement for rezoning. 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 Town Council. This statement of reasonableness may consider, among other factors, (i) the size, physical conditions, and other attributes of the area proposed to be rezoned; (ii) the benefits and detriments to the landowners, the neighbors, and the surrounding community; (iii) 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; (iv) why the action is taken is in the public interest; and (v) any changed conditions warranting the amendment. If a zoning map amendment qualifies as a "large-scale rezoning" under G.S. 160D-602(b), the governing board statement on reasonableness may address the overall rezoning.
(f) Single statement permissible. The statement of reasonableness and the plan consistency statement required by this section may be approved as a single statement.
(g) Per G.S. 160D-109, Town Council members shall not vote on any matter being considered where there is a likelihood of a direct, substantial, and readily identifiable financial impact on the member. Also, a council member shall not vote on any amendment if the landowner of the rezoning petition or the applicant for a text amendment is a person with whom the council member has a close family, business, or other associational relationship. If an objection is raised to a board member's participation at or before the hearing or vote on a particular matter and that member does not recuse himself or herself, the remaining members of the council shall by majority vote rule on the objection.
(h) 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 North Carolina Environmental Management Commission. Amendments affecting the watershed protection portions of this chapter shall be filed with the North Carolina Division of Environmental Management, the North Carolina Division of Environmental Health, and the North Carolina Division of Community Assistance. (Ord. of 1/10/05; Ord. of 6/26/06; Ord. of 12/6/10; Ord. of 6/28/21)