This Zoning Ordinance, including the Zoning Map, may be amended by the Town Council in accordance with the provisions of this subchapter

(1989 Code, Title V, Ch. 51, Art. XIII, § 1300) (Ord. 2021-03, passed 6-8-2021)

   (A)   Proposed changes or amendments may be initiated by the Town Council, the Planning Board, the Board of Adjustment, or one or more owners of property within the area proposed to be changed or affected.

   (B)   Proposed Conditional Districts may only be initiated in response to a petition by the owners of all property to be included in the district.

(1989 Code, Title V, Ch. 51, Art. XIII, § 1301) (Ord. 2021-03, passed 6-8-2021)

   (A)   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 regulation or district. All applications requesting a change in the Zoning Map shall include a description of the property in question. The Planning Board and the Town Council will not consider an application for property denied within the preceding 12 months by the Town Council.

   (B)   In addition to the requirements of § 154.182(A) above, applications for Conditional Districts shall also require a site-specific development plan and supporting documentation that specifies the actual use or uses intended for the property and any rules, regulations, and conditions that, in addition to all predetermined ordinance requirements, will govern the development and use of the property.

(1989 Code, Title V, Ch. 51, Art. XIII, § 1302) (Ord. 2021-03, passed 6-8-2021)

   No action shall be taken until the proposal has been submitted to the Planning Board for review and recommendation. If no recommendation has been received from the Planning Board within 36 days after the first consideration of the application, the Town Council may proceed as though a favorable report had been received.

(1989 Code, Title V, Ch. 51, Art. XIII, § 1303) (Ord. 2021-03, passed 6-8-2021)

   Before enacting any amendment to this subchapter, the Town Council shall hold a public hearing. A notice of such public hearing shall be published in a newspaper of general circulation in Beech Mountain once a week for two successive weeks, the first publication shall not appear less than ten days or more than 25 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 subchapter and/or map.

(1989 Code, Title V, Ch. 51, Art. XIII, § 1304) (Ord. 2021-03, passed 6-8-2021)

   The Town Council shall make a decision on the proposed amendment within 60 days after the public hearing. Neither the Planning Board nor the Town Council shall consider specific development proposals on any property when considering an amendment involving the rezoning of such property. Under no circumstance shall the Town Council adopt such amendments, supplements or changes that would cause this subchapter to violate the Water Supply Watershed Protection rules as adopted by the NC Environmental Management Commission. All amendments to the Water Supply Watershed Protection regulations under the Zoning Ordinance must be filed within the NC Division of Water Quality, NC Department of Environmental Health and NC Division of Community Assistance. 1

(1989 Code, Title V, Ch. 51, Art. XIII, § 1305) (Ord. passed 12-14-2004; Ord. 2021-03, passed 6-8-2021)