A. Purpose and Intent. This section provides a uniform means for amending the text of this Ordinance whenever public necessity, changed conditions, convenience, general welfare, or appropriate land use practices justify or require doing so.
B. Applicability. The standards and requirements of this section shall apply to applications to revise the text of this Ordinance.
C. Text Amendment Procedure. The text amendment procedure is described in Figure 2.2.21, Text Amendment Procedure, as supplemented by Section 2.3, Application Processing, and the Procedures Manual.
D. Joint Public Hearing. Following provision of public notice for a public hearing in accordance with Section 2.3.6, Public Notice, the Planning Board and Board of Commissioners shall conduct a legislative joint public hearing on the UDO text amendment application.
E. Review by Planning Board.
1. The Planning Board, following the close of the joint public hearing, shall review the application and the information presented during the joint public hearing during a follow-up public meeting, and shall make a recommendation on an application in accordance with Section 2.2.21.G, UDO Text Amendment Review Standards.
2. In making its recommendation, the Planning Board shall prepare a written consistency statement including each of the following:
a. Whether the text amendment application is recommended for approval, denial, or remanded to Town staff; and
b. The degree to which the text amendment is or is not consistent with the Town's adopted policy guidance; and
c. The ways in which the text amendment is or is not consistent with the Town's adopted policy guidance; and
d. Whether approval of the text amendment also amends or does not amend the Town's adopted policy guidance; and
e. If the adopted policy guidance is amended as part of the application approval, a description of the change in conditions to meet the development needs of the Town that were taken into account as part of the approval; and
f. An explanation of why the recommendation is reasonable; and
g. An explanation of why the recommendation is in the public interest.
F. Review and Decision by Board of Commissioners.
1. The Board of Commissioners, after the conclusion of the joint public hearing conducted with the Planning Board, and receipt of a recommendation on the UDO text amendment by the Planning Board, shall decide the application during a follow-up public meeting in accordance with Section 2.2.21.G, UDO Text Amendment Review Standards.
2. Nothing shall require the BOC to wait for or consider the recommendation of the Planning Board on the text amendment application.
3. The decision shall be one of the following:
a. Adoption of the text amendment as proposed;
b. Adoption of a revised text amendment;
c. Denial of the text amendment; or
d. Remand of the text amendment application to the Planning Board for further consideration.
4. In making its decision, the Board of Commissioners shall adopt a written statement including each of the following:
a. Whether the text amendment application is approved, denied, or remanded; and
b. The degree to which the text amendment application is or is not consistent with the Town's adopted policy guidance; and
c. The ways in which the text amendment application is or is not consistent with the Town's adopted policy guidance; and
d. Whether approval of the text amendment application also amends or does not amend the Town's adopted policy guidance; and
e. If the adopted policy guidance is amended as part of the application approval, a description of the change in conditions to meet the development needs of the Town that were taken into account as part of the approval; and
f. An explanation of why the action taken by the Board of Commissioners is reasonable; and
g. An explanation of why the action taken by the Board of Commissioners is in the public interest.
G. UDO Text Amendment Review Standards. The advisability of amending the text of this Ordinance is a matter committed to the legislative discretion of the Board of Commissioners and is not controlled by any one factor. In determining whether to adopt or deny the proposed text amendment, the Board of Commissioners may, but is not required to, consider whether and the extent to which the proposed text amendment:
1. Enhances the public's health, safety, and welfare;
2. Is consistent with the Town's adopted policy guidance;
3. Is not in conflict with any provision of this Ordinance or the Town Code of Ordinances;
4. Is required by changed conditions;
5. Addresses a demonstrated community need;
6. Addresses an unforeseen matter not present when the Ordinance was adopted;
7. Is consistent with the purpose and intent of the zoning districts in this Ordinance, or would improve compatibility among uses and ensure efficient development within the Town;
8. Would result in a logical and orderly development pattern;
9. Addresses other factors determined to be relevant by the Board of Commissioners; and
10. Would not result in significantly adverse impacts on the natural environment, including water, air, noise, stormwater management, wildlife, vegetation, and the natural functioning of the environment.
H. Amendment. Amendment of the decision on a UDO text amendment may only be reviewed and considered in accordance with the procedures and standards established for its original approval.
I. Expiration. UDO text amendments shall not expire.
J. Appeal.
1. A decision by the BOC shall be subject to review by the Wake County Superior Court.
2. Petitions for review must be filed with the Clerk of Court within 30 days of the date the decision is filed in the office of the appropriate review authority and delivered by personal delivery, electronic mail, or first-class mail to the applicant, landowner, and to any person who has submitted a written request for a copy, prior to the date the decision becomes effective.
(Ord. 2020-36, passed 12-2-2019)