(A) The governing board may amend the text of this chapter or the Official Zoning Map upon compliance with the provisions of this section.
(B) Amendment petition. A petition for amendment to the text of this chapter or to the Official Zoning Map may be proposed by the governing board, the Planning Board, the Zoning Board of Adjustment, the Zoning Enforcement Officer, or other interested person or agency. Forms and fees are available from the Zoning Enforcement Officer.
(C) Initial zoning. To exercise zoning powers a local government shall create or designate a planning board. The Planning Board shall prepare or shall review and comment upon a proposed zoning regulation, including the full text of such regulation and maps showing proposed district boundaries.
(D) Zoning amendments. Subsequent to initial adoption of a zoning regulation, all proposed amendments to the zoning regulation or zoning map shall be submitted to the Planning Board for review and comment. The Planning Board may hold public meetings hearings while preparing the regulation. Upon completion, the Planning Board shall make a written recommendation regarding adoption of the regulation to the governing board.
(E) Recommendation. Within a maximum of 60 days after the regular meeting at which a review of the application is scheduled, the Planning Board shall submit a recommendation to the governing board concerning the disposition of the application. If no written report is received from the Planning Board, the governing board may act on the amendment without the Planning Board report. The governing board is not bound by the recommendations, if any, of the Planning Board.
(F) Public hearing. Following receipt of a recommendation from the Planning Board, the governing board must hold a public hearing before formally acting on the proposed amendment. The governing board shall not hold its required hearing or take action until it has received a recommendation regarding the regulation from the Planning Board. Following its required hearing, the governing board may refer the regulation back to the Planning Board for any further recommendations that the board may wish to make prior to final action by the governing board in adopting, modifying, or rejecting the regulation.
(G) Review of other ordinances and actions. Any development regulation other than a zoning regulation that is proposed to be adopted may be referred to the Planning Board for review and comment.
(H) Plan consistency. When conducting a review of proposed zoning text or map amendments, the Planning Board 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 Planning Board shall provide a written recommendation to the governing board that addresses plan consistency and other matters as deemed appropriate, 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 governing board. If a zoning map amendment qualifies as a "large-scale zoning map amendment" under G.S. § 160D-602(b), the Planning 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 recommendation made.
(I) Governing board plan consistency. When adopting or rejecting any zoning text or map amendment, the governing board shall approve a brief statement describing whether its action is consistent or inconsistent with an adopted comprehensive plan. The requirement for a plan consistency statement may also be met by a clear indication in the minutes of the governing board that at the time of action on the amendment the governing board was aware of and considered the Planning Board's recommendations and any relevant portions of an adopted comprehensive plan. 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. The plan consistency statement is not subject to judicial review. If a zoning map amendment qualifies as a "large-scale zoning map amendment" 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.
(J) Additional reasonableness statement for rezonings. 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 governing board. 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 taken is in the public interest; and (v) any changed conditions warranting the amendment. If a zoning map amendment qualifies as a large-scale zoning map amendment under G.S. § 160D-602(b), the governing board statement on reasonableness may address the overall rezoning.
(K) Single statement permissible. The statement of reasonableness and the plan consistency statement required by this section may be approved as a single statement.
(Res. 2022-23, passed 8-1-2022)