(a)   The Board of Aldermen is responsible for the adoption, amendment, or repeal of a regulation; adoption and amendments of a comprehensive plan; and amendments to the zoning map as a legislative process in accordance with the provisions of G.S. Ch. 160D, Article 6.

   (b)   Conflict of interest. Members of the Board of Aldermen shall not vote on any advisory or legislative decision regarding a development regulation adopted pursuant to this chapter where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member. An appointed Board member shall not vote on any zoning amendment if the landowner of the property subject to a rezoning petition or the applicant for a text amendment is a person with whom the member has a close familial, business, or other associational relationship.

   (c)   The Board of Aldermen shall keep minutes of Board proceedings.

(Ord. of 6/24/21)

   (a)   This chapter, including the official zoning map, may be amended from time to time at the request of the Board of Alderman, Planning Board, Board of Adjustment or any property owner or citizen. However, no amendment to zoning regulations or a zoning map that down-zones property shall be initiated nor is it enforceable without the written consent of all property owners whose property is the subject of the down-zoning amendment, unless the down-zoning amendment is initiated by the Town. For purposes of this section "down-zoning" means a zoning ordinance that affects an area of land in one of the following ways:

   (1)   By decreasing the development density of the land to be less dense than was allowed under its previous usage.

   (2)   By reducing the permitted uses of the land that are specified in a zoning ordinance or land development regulation to fewer uses than were allowed under its previous usage.

   (b)   All proposed amendments shall be submitted to the Town of Canton Planning Board for review and recommendation.

   (1)   When conducting a review of proposed zoning text or map amendments pursuant to this section, the planning board shall advise and comment on whether the proposed action 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 Board of Aldermen 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 considered in the action taken. If the amendment is adopted and the action was deemed inconsistent with the adopted plan, the zoning amendment shall have the effect of also amending any future land use map in the approved plan and no additional request or application for a plan amendment shall be required.

   (e)   When adopting or rejecting any petition for a zoning text or map amendment, a brief statement explaining the reasonableness of the proposed rezoning shall be approved by Board of Aldermen. The statement of reasonableness may consider, among other factors: (i) the size, physical conditions, and other attributes of any area proposed to be rezoned; (ii) the benefits and detriments to the actual and permissible development and the development permissible under the proposed amendment; (iii) why the action taken is in the public interest; and (iv) any changed conditions warranting the amendment. If a zoning map amendment qualifies as a "large-scale rezoning" under G.S. § 160-602(b), Board of Aldermen statement on reasonableness may address the overall rezoning.

   (f)   The Board of Aldermen must permit adoption of a legislative decision for development regulation on first reading by simple majority. Development regulations shall be adopted by ordinance. Any development regulation other than a zoning regulation that is proposed to be adopted pursuant to this chapter may be referred to the Planning Board for review and comment. Any other action proposed to be taken pursuant to this chapter may be referred to the Planning Board for review and comment.

(As Amended by Ord. of 6/24/21)

A fee of $15 shall be paid to the Town for each application for an amendment to cover the cost of advertising and other administrative expenses involved.

(As Amended by Ord. of 6/24/21)