The City Council may from time to time, on its own motion or on the recommendation of the Planning Board, amend, supplement, change, modify, or repeal the boundaries or regulations herein or subsequently established. In addition, the City Council may take such action on the petition of a private citizen in accordance with the following procedures.

The petition, including a precise description of the proposed change, shall be submitted to the Planning Director not later than three weeks prior to the meeting of the Planning Board at which the petition is to be heard. When the petition concerns a specific piece of property, the owner(s) or designee(s) must sign the petition. When considering a petition for the re-classification of property to any district neither the Planning Board nor the City Council shall evaluate the petition based on any specific proposal for the use or development of the affected property and the petitioner shall refrain from using any graphic materials or descriptions of the proposed use or development except for those which would apply to any use permitted in the requested district, provided, however, such information may be presented and considered when on an application for a Conditional District (CD).

1. A.
   Each noncontiguous parcel of land for which rezoning is requested shall be deemed as a separate application, and said application fee shall accompany each application. For the purpose of this paragraph, land located and adjacent on either side to the rear and all property directly across any street or public right-of-way from the subject property shall be deemed to be contiguous.
2. B.
   Each application for a rezoning of land shall be accompanied by a map, drawn to scale, with the following information either shown on the map or accompanying it:

   1. 1.
      The subject property plus such additional property as to show the location of the subject property with reference to the nearest street intersection, railroad, stream or other feature easily identifiable on the ground. In addition, all property lines which abut the property, and property owners' names and addresses of all contiguous properties shall be furnished.
   2. 2.
      A metes and bounds survey will now only be required with a rezoning application if a portion of a lot is being proposed for rezoning. If an entire lot is proposed for rezoning, no metes and bounds survey will be required.
   3. 3.
      The present and proposed zoning classification of the lot(s) in question.
   4. 4.
      The property identification number(s) of the lot(s) in question as issued by the Gaston County Tax Department.
3. C.
   An application for the rezoning of land to a Conditional District (CD) shall be submitted in accordance with Section 16.8 SCHEMATIC DESIGN PLAN REQUIREMENTS and shall follow the process outline in Section 15.5 Conditional Districts. 
4. D.
   An application for a conventional rezoning of land shall require at least one neighborhood meeting open to the public prior to planning board review.
5. E.
   An application for a change in the text of the Code shall be on an application form provided by the Planning Department. 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 therefore.

Once the petition is complete, the Planning Director shall refer the petition to the Planning Board for review and recommendation to the City Council. The Planning Board shall have a maximum of forty (40) days from the date of the first meeting to make such recommendation. If a recommendation is not made during said time period, the application shall be forwarded to the City Council without a recommendation from the Planning Board. The Planning Board, at its discretion, may receive public input at their meeting, but is not required to conduct a public hearing in accordance with Section 20.2.6 below.

The Planning Board recommendation shall be in written format, shall advise and comment on whether the proposed amendment is consistent with any comprehensive plan, and shall address any other matters as deemed appropriate by the Planning Board.

The Planning Board shall make the required findings and said action may be considered and approved in a single statement: (160D-605).

1. 1.)
   Adopt a consistency statement in one of the following formats:

   1. (1)
      A statement describing whether the zoning amendment is consistent or inconsistent with approved plans and explaining why the action taken is reasonable and in the public interest.
   2. (2)
      A statement describing whether the zoning map amendment is consistent or inconsistent with approved plans. If a map amendment is approved that is not consistent with the future land use map of an adopted plan, that plan map is deemed amended. When adopting or rejecting a petition, a statement of reasonableness is required that may consider:

      1. a.
         The size, physical conditions, and other attributes of the area proposed to be rezoned.
      2. b.
         The benefits and detriments to the landowners, the neighbors, and surrounding community.
      3. c.
         The relationship between the current actual and permissible development on the tract and adjoining areas and the development that would be permissible under the proposed amendment.
      4. d.
         Why the action taken is in the public interest.
2. 2.)
   Make a recommendation as outlined in section 20.2.5.

1. A.
   When a recommendation is made to the City Council by the Planning Board concerning a petition for rezoning, said recommendation shall be as follows:

   1. 1.
      Grant the rezoning as requested, or
   2. 2.
      Grant the rezoning with a reduction of the area requested, or
   3. 3.
      Grant the rezoning to a more restrictive general zoning district or districts, or
   4. 4.
      Grant the rezoning with a combination of 1 and 2 above, or
   5. 5.
      In the case of a Conditional District rezoning petition, grant the rezoning subject to approved conditions enumerated on the accompanying Schematic Design, or
   6. 6.
      Recommend that the application be denied.
2. B.
   If a recommendation is made to the City Council by the Planning Board concerning a petition to amend the text of this Code, it shall be as follows:

   1. 1.
      Adoption of the amendment as written, or
   2. 2.
      Adoption of the amendment as revised by the Planning Board, or
   3. 3.
      Rejection of the amendment.

In order for an amendment to the Land Development Code or Zoning Map to be made in accordance with this Section, a public hearing must first be held by the City Council. Notification of the public hearing shall be as follows:

1. A.
   A notice shall be published in a newspaper having general circulation in the town once a week, for two (2) successive weeks, the first notice to be published not less than ten (10) days nor more than twenty-five (25) days prior to the date established for the hearing.
2. B.
   A notice of a proposed Zoning Map amendment shall be provided in two forms:

   1. 1.
      A public hearing notice shall be sent by first class mail by the Planning Director to the affected property and to all contiguous property owners. Contiguous properties include properties separated from the subject property by street, railroad, or other transportation corridor. The notice shall be deposited in the mail at least 10 but not more than 25 days prior to the date of hearing. (160D-602)
   2. 2.
      A posted notice of hearing on the site proposed for the map amendment or on an adjacent public street or highway right-of-way. The notice shall be posted within the same time period specified for mailed notices of the hearing. (160D-602(c)).

The first class mail notice required under 20.2.6 part (B) of this section shall not be required when the zoning reclassification action directly affects more than 50 properties, owned by a total of at least 50 different property owners.

In any case where this section eliminates the notice required by subsection part 20.2.6 (B) of this section the City shall publish a notice once a week for four successive calendar weeks in a newspaper having general circulation in the area with a map showing the boundaries of the area affected by the proposed ordinance or amendment. The map shall not be less than one-half of a newspaper page in size. The notice shall only be effective for property owners who reside in the area of general circulation of the newspaper which publishes the notice. Property owners who reside outside of the City’s jurisdiction or outside of the newspaper circulation area, according to the address listed on the most recent property tax listing for the affected property, shall be notified by mail pursuant to this section. The person or persons mailing the notices shall certify to the City Council that fact, and the certificates shall be deemed conclusive in the absence of fraud. In addition to the published notice, the city shall post one or more prominent signs on or immediately adjacent to the subject property area reasonably calculated to give public notice of the proposed rezoning.

If any resident or property owner in the city 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 city council. If the proposed change is the subject of a quasi-judicial proceeding under G.S. 160D-705 or any other statute, 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.

Once the public hearing has been conducted the City Council shall render a decision on the petition. The decision of the City Council shall be in the form of any of the various options listed in Sections 20.2.5 (A) and (B). Alternatively, the City Council may send the application back to the Planning Board for further study and consideration. The petitioner shall have the right to withdraw his petition at any time prior to the final decision being rendered by the City Council. The City Council shall have the authority to call for additional public hearings on any amended petition brought before them.

Prior to adopting or rejecting any zoning amendment, the City Council shall also adopt a consistency statement in the format outlined in 20.2.4.