The following action shall be taken by the applicant:

Sec. 701.1. Initiation of amendments. A petition for an amendment to either the Zoning Ordinance of the Town of Ahoskie or the Official Zoning Map of the Town of Ahoskie may be initiated by the town council, the planning board, any department or agency of the town, or the owner or authorized agent of the owner of any property within the planning and development jurisdiction of the town that desires an amendment to either the zoning ordinance or map which would affect property in which he has a vested property right recognized under the existing law.

Sec. 701.2. Application. An application for any change or amendment shall be filed with the town clerk no later than 30 days prior to the planning commission meeting at which the application is to be considered. The town clerk shall notify immediately the planning commission or the town manager of such rezoning application.

Each application shall be signed, be in duplicate, and shall include, among the information deemed relevant by the administrator:

A.

The name, address, and phone number of the applicant;

B.

A description of the land affected by the amendment if a change in zoning district is proposed;

C.

If the proposed change would require a change in the zoning map, a recordable survey of the property shall be submitted with the application and must be prepared by a registered land surveyor licensed registered to practice in North Carolina, and drawn at a scale of 100 feet to one inch or larger or otherwise agreed upon scale and must include:

1.

All property lines with dimensions;

2.

North arrow;

3.

Adjoining streets with names;

4.

The location of all existing structures;

5.

The current and proposed use of all land;

6.

Zoning classifications of all abutting zoning districts;

7.

The existing and proposed zoning of the property;

8.

One copy of the orthophotograph of property to be rezoned submitted with original application.

D.

A list of the names and addresses of all those to whom notice of the public hearing must be sent as provided in section 704.1 of this chapter.

E.

A statement regarding the changing conditions, if any, in the area specifically and/or in the town, generally, that make the proposed amendment reasonably necessary to the promotion of the public health, safety, and general welfare.

F.

A fee as set forth in the fee schedule and amended from time to time by the town council.

(Ord. of 6-8-2021(2); Ord. No. 2023-2024-49, 4-9-2024)

The following action shall be taken by the planning commission:

Sec. 702.1. Planning commission consideration. The planning commission may consider and make, by vote of a majority of its total membership, recommendations to the town council concerning each proposed zoning amendment at any meeting of the planning commission. The planning commission may hold separate legislative public hearings or may sit concurrently with the legislative public hearing held by the town council.

(Ord. of 6-8-2021(2))

Sec. 703.1. Town council considerations. The town council shall consider changes and amendments to this ordinance proposed by applicants at any meeting of the town council.

Sec. 703.2. Town council action. Before taking such lawful action as it may deem advisable, the town council shall consider the planning commission's recommendation of each proposed zoning amendment. If no recommendation is received from the planning commission within 60 days after submission of the application to the town clerk by the applicant, the proposed amendment shall be deemed to have been approved by the planning commission.

A legislative public hearing shall be held by the town council before the adoption of any proposed amendment to this chapter. A notice of such public hearing shall be given once a week for two successive calendar weeks in a newspaper of general circulation in the town, such notice to be published the first time not less than ten days nor more than 25 days prior to the date established for such public hearing. All ordinances amending this chapter shall be recorded in the office of the Town Clerk of Ahoskie before such ordinance shall become effective.

Sec. 704.1. Notice for zoning map amendments. Whenever there is a zoning classification action involving a parcel of land, the owner of that parcel of land as shown on the county tax listing, and the owners of all parcels of land abutting that parcel of land as shown on the county tax listing, shall be mailed a notice of the proposed classification by first class mail at the last address as listed for such owners on the county tax abstracts. The town clerk, after mailing such notices, shall certify to the town council the fact, and such certificates shall be deemed conclusive in the absence of fraud.

(Ord. of 6-8-2021(2))

Editor's note— An ordinance adopted June 8, 2021(2), deleted § 705, which was entitled "Protests."