Banner Elk City Zoning Code
AMENDMENTS
§ 152.315 AMENDMENTS.
This chapter, including zoning map, may be amended by the Town Council in accordance with the provisions of this subchapter.
(Ord. passed 3-14-2005; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 1200)
§ 152.316 INITIATION OF AMENDMENTS.
Proposed changes or amendments may be initiated by the Town Council, the Planning Board, the Board of Adjustment, the Preserve America Committee or one or more owners of property within the area proposed to be changed or affected.
(Ord. passed 3-14-2005; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 1201)
§ 152.317 APPLICATION.
Before any action on a proposed change or amendment, an application shall be submitted to the office of the Zoning Administrator at least ten days prior to the Planning Board’s meeting at which the application is to be considered. The application shall contain the name(s) and address (es) of the owner(s) of the property in question, the location of the property and a description and/or statement of the present and proposed zoning regulations or district as shown on the application forms supplied by the town. All applications requesting a change in the zoning map shall include a description of the property in question. The Preserve America Committee, the Planning Board and the Town Council will not consider an application for property denied within the preceding 12 months by the Town Council.
(Ord. passed 3-14-2005; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 1202)
§ 152.318 PLANNING BOARD ACTION.
Before taking any action on a proposed amendment to the ordinance, the Town Council shall consider the Planning Board’s recommendations on each proposed amendment. The Planning Board shall have 45 days after the first consideration of the application within which to submit its recommendations to Town Council. Failure of the Planning Board to submit recommendations within the 45-day period shall constitute a favorable recommendation.
(Ord. passed 3-14-2005; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 1203)
§ 152.319 PUBLIC HEARING.
Before enacting any amendment to this chapter, the Town Council shall hold a public hearing. A notice of such public hearing shall be published in a newspaper of general circulation in the county once a week for two successive weeks. The first publication shall not appear less than ten days prior to the date fixed for the public hearing. The notice shall include the time, place, and date of the hearing, and include a description of the property or the nature of the change or amendment to the ordinance and/or map.
(Ord. passed 3-14-2005; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 1204)
§ 152.320 PROTESTS.
(A) No protest against a change, amendment or revision of the ordinance, shall be valid or effective unless it be in the form of a written petition actually bearing the signatures of the owners of 20% or more of either the area of lots included in such proposed change, or those immediately adjacent thereto, either in the rear or either side thereof, extending 100 feet therefrom, or those directly opposite thereto extending 100 feet from the street frontage of such opposite lots.
(B) The protest petition shall be on the form prescribed and furnished by the town.
(C) The protest petition shall be received by the Town Clerk at least two normal work days (excluding Saturdays, Sundays and legal holidays) before the date established for a public hearing on the proposed change, amendment or revision. Upon certification by the Town Clerk to the Town Council of the validity of the protest petition, no change, amendment or revision shall become effective, except by a favorable vote of three-fourths of all members of the Town Council.
(Ord. passed 3-14-2005; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 1205)
§ 152.321 DECISION.
The Town Council shall make a decision on the proposed amendment within 60 days after the public hearing.
(Ord. passed 3-14-2005; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 1206)
§ 152.322 FEES FOR AMENDMENTS.
See § 19 of the town’s Fee Schedule for fees to amend the town’s zoning map and this chapter.
(Ord. passed 3-14-2005; Ord. passed 10-10-2016; Ord. passed 3-14-2019, § 1207)