A. Purpose and Intent. This section provides a uniform means for reviewing and deciding proposed amendments to the Official Zoning Map whenever the public necessity, general welfare, the Town's adopted policy guidance, or appropriate land use practices justify or require doing so.
B. Applicability. This procedure sets out the requirements for amendments to the zoning district designation of land within the Town's planning jurisdiction as well as for land coming into the Town's planning jurisdiction via annexation in accordance with the standards in Sections 160D-602 through 160D-605 of the North Carolina General Statutes.
C. Procedures Distinguished.
1. This zoning map amendment procedure shall be used in the consideration of traditional map amendment.
2. Conditional rezoning (see Section 2.2.6, Conditional Rezoning) applications are applications that include conditions agreed to by the applicant and the Town that seek to either further limit development beyond that allowed within a specific base zoning district, or otherwise deviate from the minimum standards that would otherwise apply.
3. Applications filed as either a traditional zoning map amendment or conditional rezoning application may not be converted to the other form of map amendment application during the review process, and shall instead be withdrawn and resubmitted as a new application.
D. Zoning Map Amendment Procedure. The zoning map amendment procedure is described in Figure 2.2.25, Zoning Map Amendment Procedure, as supplemented by Section 2.3, Application Processing, and the Procedures Manual.
E. Application Submittal. Applications may be initiated by the Board of Commissioners, the Planning Board, the Planning Director, all landowner(s) or contract purchasers of the land in the proposed application.
F. 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 joint legislative public hearing on the zoning map amendment application.
G. 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 a the zoning map amendment application in accordance with Section 2.2.25.J, Zoning Map 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 zoning map amendment application is recommended for approval, denial, or remanded to Town staff; and
b. The degree to which the zoning map amendment is or is not consistent with the Town's adopted policy guidance; and
c. The ways in which the zoning map amendment is or is not consistent with the Town's adopted policy guidance; and
d. Whether approval of the zoning map 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.
H. Board of Commissioners Review and Decision.
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 zoning map amendment by the Planning Board, shall decide the application during a follow-up public meeting in accordance with Section 2.2.25.J, Zoning Map Amendment Review Standards.
2. The decision shall be one of the following:
a. Adoption of the zoning map amendment as proposed;
b. Adoption of the zoning map amendment to a zoning district designation of lesser intensity;
c. Denial of the zoning map amendment; or
d. Remand of the zoning map amendment application to the Planning Board for further consideration.
3. The Board of Commissioners shall not rely upon any representations made by the applicant that if the application is granted, the subject land will be used for limited types of uses permitted in the requested zoning district. Rather, the Board of Commissioners shall consider the full range of use types allowable in the proposed zoning district designation.
4. In making its decision, the Board of Commissioners shall adopt a written statement including each of the following:
a. Whether the zoning map amendment application is approved, denied, or remanded; and
b. The degree to which the zoning map amendment is or is not consistent with the Town's adopted policy guidance; and
c. The ways in which the zoning map amendment is or is not consistent with the Town's adopted policy guidance; and
d. Whether approval of the zoning map amendment 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.
I. Designation on Official Zoning Map. The Planning Director shall make changes to the Official Zoning Map promptly after approval of a zoning map amendment application by the Board of Commissioners.
J. Zoning Map Amendment Review Standards. The advisability of an amendment to the Official Zoning Map 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 a proposed zoning map amendment, the Board of Commissioners may weigh the relevance of and consider the following:
1. Whether the proposed zoning map amendment advances the public health, safety, or welfare;
2. Whether and the extent to which the proposed rezoning is appropriate for its proposed location, and is consistent with the purposes, goals, objectives, and policies of the Town's adopted policy guidance.
3. Whether an approval of the rezoning is reasonable and in the public interest.
4. Other factors as the Board of Commissioners may determine to be relevant.
K. Effect.
1. Lands subject to an approved map amendment shall be subject to all the applicable standards in this Ordinance, which shall be binding and shall run with the land.
2. Development located outside the Zebulon corporate limits shall comply with all Town policies related annexation and the extension of utilities.
L. Amendment. Amendment of a decision on a zoning map amendment may only be reviewed and considered in accordance with the procedures and standards established for its original approval.
M. Appeal.
1. Any decision by the Board of Commissioners shall be subject to review by the Superior Court of Wake County.
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 ; Ord. 2021-65, passed 5-3-2021)