§ 58-270. Amendments to text and map.

(a)

Zoning regulations and restrictions and district boundaries may from time to time be amended, supplemented, changed, modified or repealed in the following manner:

(1)

The planning board or the town council or any person may institute an application for a change in the text or a change in the zoning map. However, only the owner of the property to be rezoned or his authorized agent may request that property be rezoned to a conditional zoning district.

(2)

A property owner (or his authorized agent) may request that his property be rezoned to a conditional zoning district established in subsection 58-5(3). Procedures for having property zoned to a conditional zoning district are found in section 58-271.

(b)

The application for a rezoning of a particular piece of property and change in the zoning map, other than for conditional zoning districts, shall be made in duplicate on a form provided by the zoning administrator. No application shall be considered complete or processed by the zoning administrator unless accompanied by a fee, in accordance with a fee schedule adopted by the town council. In addition, the town shall be reimbursed by the applicant for all costs associated with the town's engineering and/or consulting services with respect to review of amendments to text and map prior to amendments to text and map approval. All expenses incurred by the town for the processing of a rezoning application shall be paid prior to the issuance of a final notification of action taken.

(1)

Each noncontiguous parcel of land for which a rezoning is requested shall be considered as a separate application, and a fee as established by the town council shall accompany each application. There shall be no fee for applications initiated by any town governmental agency.

(2)

For the purpose of this subsection, land traversed and adjoining property shall be construed to mean and include property on the opposite side of any street, stream, railroad, road or highway from the property sought to be rezoned and in the event the owner of the property sought to be rezoned owns other property adjoining the property sought to be rezoned, the adjoining property shall also be construed to mean and include property adjoining the other property of the owner which adjoins the property sought to be rezoned.

(c)

The application for a change in the text shall be made in duplicate, on a form provided by the zoning administrator and the filing fee and the disposition of such fee in accordance with a fee schedule adopted by the town council. No application shall be considered complete or processed by the zoning administrator until such fee is paid. The application shall contain a reference to the specific section subsection, paragraph or item proposed to be changed, as well as the wording of the proposed change and the reasons therefor. In addition, the town shall be reimbursed by the applicant for all costs associated with the town's engineering and/or consulting services with respect to review of the amendments to text and map prior to amendments to text and map approval.

(d)

Once a completed application has been received by the zoning administrator, he shall present the application to the planning board at its next regularly scheduled meeting occurring at least 15 days after the application has been filed. The planning board shall have 30 days from the date of referral to review the application and to submit its recommendation to the town council. If a recommendation is not made during said time period, the application shall be forwarded to the town council without a recommendation. A planning board member shall not vote on any zoning map or text amendment where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member.

(e)

The planning board may make one of the following recommendations to the town council. If the application is for rezoning and change in the zoning map, the planning board may make one of the following recommendations:

(1)

Grant the rezoning as requested;

(2)

Grant the rezoning with a reduction of the area requested;

(3)

Grant the rezoning to a more restricted district or districts (for the purposes of this article, the zoning districts of this chapter are listed in the following order from most restrictive to least restrictive: R-CD, R-80, R-60, R-40, R-40(D), B-1, B-2); or

(4)

Recommend that the application be denied.

Upon making a recommendation, the planning board shall advise and comment on whether the proposed amendment 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 town council that addresses plan consistency and other matters as deemed appropriate by the planning board, 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.

(f)

If the application is to amend the text of this chapter, the planning board may make one of the following recommendations to the town council:

(1)

Adoption of the amendment as written;

(2)

Adoption of the amendment as revised by the planning board; or

(3)

Rejection of the amendment.

(g)

The zoning administrator shall transmit any decision of the planning board to the town council. Once action has been taken by the planning board or the time for action by the planning board has expired, the town council shall, no later than their next regularly scheduled meeting, consider calling for a public hearing or a requested conditional use permit, conditional zoning permit, zoning change, or other matter providing for public hearing under this chapter. Notification of the public hearing shall be made in the following manner:

(1)

A notice shall be published in the newspaper having general circulation in the area once a week for two successive weeks, the first notice to be published not less than ten days, nor more than 25 days prior to the date established for the hearing. In computing such time the date of publication is not to be included but the date of the hearing shall be included.

(2)

A notice shall be conspicuously placed in the town hall not less than ten days, nor more than 25 days before the date established for the public hearing. However, failure to post a notice as provided by this section shall not invalidate any action taken with regard to the application.

(3)

A notice shall be prominently posted on the subject property or on an adjacent public street or highway right-of-way. When an application concerns multiple parcels, a posting on each individual parcel is not required, but sufficient notices shall be posted to provide reasonable notice to interested persons.

(4)

A notice shall be sent by first class mail to all owners of parcels of land abutting the subject property. The owners shall be identified by county tax listings and the notice shall be sent to the last address listed for each owner on the county tax abstracts. The notice shall be deposited in the mail at least ten, but not more than 25, days before the date of the public hearing. In computing notice periods under this section, the date of mailing is not to be included, but the date of the hearing shall be included.

(5)

A notice shall be sent by first class mail to the owner of the subject property. The owner shall be identified by county tax listings and the notice shall be sent to the last address listed for the owner on the county tax abstracts. This notice shall be deposited in the mail at least ten, but not more than 25, days before the date of the public hearing. In computing notice periods under this section, the date of mailing is not to be included, but the date of the hearing shall be included.

(6)

The zoning administrator shall certify that the requirements of subsections (g)(1)—(g)(4) of this section have been met. The town shall charge the applicant a separate fee to cover costs incurred.

(h)

If any resident or property owner in the town submits a written statement regarding a proposed amendment, modification, or repeal to a zoning ordinance to the clerk to the board at least two business days prior to the proposed vote on such change, the clerk to the board shall deliver such written statement to the town council. If the proposed change is the subject of a quasi-judicial proceeding under G.S. § 160A-388, the clerk shall provide only the names and addresses of the individuals providing written comment, and the provision of such names and addresses to all members of the board shall not disqualify any member of the board from voting.

(i)

After the public hearing has been conducted and officially closed, the town council shall render a decision concerning the proposal not later than the next regularly scheduled town council meeting. The decision shall be made in any one of the methods provided in subsections (e) or (f) of this section. A town council member shall not vote on any zoning map or text amendment where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member.

(j)

Prior to adopting or rejecting any zoning amendment, the town council shall adopt a statement describing whether its action is consistent with an adopted comprehensive plan and explaining why the town council considers the action taken to be reasonable and in the public interest.

(k)

If the town council has denied an application for the change of any zoning district or change in zoning text, it shall not thereafter accept any application for the same property or any portion thereof or similar change in the zoning text until the expiration of one year from the date of such previous denial, except as permitted in section 58-85.

(Ord. No. 87-04-08, § 12.1, 4-8-1987; Ord. No. O-2006-01, 2-13-2006; Ord. No. O-2006-20, 11-13-2006; Ord. No. O-2011-13, 9-12-2011; Ord.No. O-2017-03, 1-9-2017)