This Ordinance, including the zoning map, may be amended from time to time; but no amendment shall become effective unless it shall have been proposed by or shall first have been submitted to the Planning Board for review and recommendation. The application for a zoning change shall be on an application form approved by the Town Board. The Planning Board shall have 45 days within which to submit its report. If the Planning Board fails to submit a report within the 45-day period, it shall be deemed to have approved the proposed amendment. A public hearing shall be held by the Board of Commissioners before adoption of any proposed amendment to this chapter. A notice of the public hearing shall be given once a week for two successive calendar weeks in a newspaper of general circulation in the Town. The notice is to be published or posted for the first time not less than ten days prior to the date established for the public hearing.

(2016 Code § 156.121)

In accordance with G.S. 160D-605(a), when adopting or rejecting any zoning text amendment, the Board of Commissioners shall approve a brief statement describing whether its action is consistent or inconsistent with an adopted comprehensive plan. The requirement for a plan consistency statement may also be met by a clear indication in the minutes of a Board of Commissioners meeting that at the time of action the Board was aware of and considered the Planning Board's recommendations and any relevant portions of an adopted comprehensive plan. If a zoning map 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. A plan amendment and a zoning amendment may be considered concurrently. The plan consistency statement is not subject to judicial review. If a zoning map amendment qualifies as a "large-scale rezoning" under G.S. 160D-602(b), the governing board statement describing plan consistency may address the overall rezoning and describe how the analysis and policies in the relevant adopted plans were considered in the action taken.

When adopting or rejecting any petition for a zoning map amendment, a statement analyzing the reasonableness of the proposed rezoning shall be approved by the Board of Commissioners. This statement of reasonableness may consider, among other factors (i) the size, physical conditions, and other attributes of the area proposed to be rezoned, (ii), the benefits and detriments to the landowners, the neighbors, and the surrounding community, (iii) 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, (iv) why the action taken is in the public interest, and (v) any changed conditions warranting the amendment. If a zoning map amendment qualifies as a "large-scale rezoning" under G.S. 160D-602(b), the Board of Commissioners' statement on reasonableness may address the overall rezoning.

(A)

In the case of any zoning amendment, notice will be provided by first class mail to the owners of any neighboring properties, including those abutting the subject property and any properties separated from the subject property by street, railroad or other transportation corridor. The notice must be deposited in the mail at least ten but not more than 25 days prior to the date of the public hearing.

(B)

When a zoning map amendment is proposed, the Town will prominently post a notice of the hearing on the site proposed for the 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. When multiple parcels are included within a proposed zoning amendment, a posting on each individual parcel is not required but the Town shall post sufficient notices to provide reasonable notice to interested persons.

(C)

If the zoning map amendment is being proposed in conjunction with an expansion of municipal extraterritorial planning and development regulation jurisdiction under G.S. 160D-202, a single hearing on the zoning map amendment and the boundary amendment may be held. In this instance, the initial notice of the zoning map amendment hearing may be combined with the boundary hearing notice and the combined hearing notice mailed at least 30 days prior to the hearing.

(D)

When a zoning map amendment is proposed, the Town may require communication by the person or persons proposing the map amendment to neighboring property owners and residents and may require the person proposing the zoning map amendment to report on any communication with neighboring property owners and residents. (160D-602)

In accordance with G.S. 160D-603, if any person who resides in or owns property in the Town submits a written statement regarding a proposed amendment, modification or repeal to a zoning regulation, including a text or map amendment that has been properly initiated as provided in G.S. 160D-601, to the clerk of the board at least two business days prior to the proposed vote on such change, the clerk shall deliver such written statement to the governing board.

(A)

In the case of a protest against an amendment, supplement, change, modification or repeal signed by the owners of 20 percent or more, either of the area of the lots included in the proposed change, or of those immediately adjacent thereto either in the rear thereof or on either side thereof, extending 100 feet from the street frontage of the opposite lots, an amendment shall not become effective except by favorable vote of three-fourths of all members of the Board of Commissioners.

(1997 Code, § 44-192; Am. Ord. 2005-11-15, passed 11-21-2005; 2016 Code § 156.121(b))

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 local government. For purposes of this section, "down-zoning" means a zoning ordinance that affects an area of land in one of the following ways:

(A)

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

(B)

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. (G.S. 160D-601(d))

In case any structure, building or manufactured home or business is placed, erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building or land is used in violation of this chapter, the UDO Administrator or any other appropriate authority, or any persons who would be damaged by the violation, in addition to other remedies, may institute injunctive mandamus or other appropriate action and proceeding to prevent the violation.

(1997 Code, § 44-193; 2016 Code § 156.122)

14.9.9.1. Purpose. The purpose of this chapter is to implement the provisions of G.S.160D-108.1(c) pursuant to which a statutory zoning vested right is established upon the approval of a site-specific vesting plan.

14.9.9.2. Establishment of a Zoning Vested Right.

(A)

A zoning vested right shall be deemed established upon the valid approval or conditional approval by the Board of Commissioners or Board of Adjustment, as applicable, of a site-specific development plan, following notice and public hearing.

(B)

The approving authority may approve a site-specific vesting plan upon the terms and conditions as may reasonably be necessary to protect the public health, safety and welfare.

(C)

Notwithstanding subsections (A) and (B) above, approval of a site-specific vesting with the condition that a variance be obtained shall not confer a zoning vested right unless the necessary variance is obtained.

(D)

A site-specific vesting plan shall be deemed approved upon the effective date of the approval authority's action relating thereto.

(E)

The establishment of a zoning vested right shall not preclude the application of overlay zoning that imposes additional requirements but does not affect the allowable type or intensity of use, or ordinances or regulations that are general in nature and are applicable to all property subject to land use regulation by the Town, including but not limited to building, fire, plumbing, electrical and mechanical codes. Otherwise, applicable new or amended regulations shall become effective with respect to property that is subject to a site-specific development plan upon the expiration or termination of the vested right in accordance with this chapter.

(F)

A zoning vested right is not a personal right but shall attach to and run with the applicable property. After approval of a site-specific vesting plan, all successors to the original landowner shall be entitled to exercise the right while applicable.

14.9.9.3. Procedures and Approval Authority.

(A)

Except as otherwise provided in this section, an application for site-specific vesting plan approval shall be processed in accordance with the procedures established by ordinance and shall be considered by the designated approval authority for the specific type of zoning or land use permit or approval for which application is made.

(B)

Notwithstanding the provisions in this section, if the authority to issue a particular zoning or land use permit or approval has been delegated by ordinance to a Board, committee or administrative official other than the Board of Commissioners, Board of Adjustment, or other Planning Agency designated to perform any or all of the duties of the Board of Adjustment, in order to obtain a zoning vested right, the applicant must request in writing at the time of application that the application be considered and acted on by the Board of Commissioners, following notice and a public hearing as provided in G.S. 160D-601(a).

(C)

In order for a zoning vested right to be established upon approval of a site-specific vesting plan, the applicant must indicate at the time of application, on a form to be provided by the Town, that a zoning vested right is being sought.

(D)

Each map, plat, site plan or other document evidencing a site-specific vesting plan shall contain the following notation: "Approval of this plan establishes a zoning vested right under G.S. 160D-108 and 160D-108.1. Unless terminated at an earlier date, the zoning vested right shall be valid until _______."

(E)

Following approval or conditional approval of a site-specific vesting plan, nothing in this chapter shall exempt a plan from subsequent reviews and approvals to ensure compliance with the terms and conditions of the original approval provided that the reviews and approval are not inconsistent with the original approval.

(F)

Nothing in this chapter shall prohibit the revocation of the original approval or other remedies for failure to comply with applicable terms and conditions of the approval or this chapter.

14.9.9.4. Duration.

(A)

A zoning right that has been vested as provided in this chapter shall remain vested for a period of two years unless specifically and unambiguously provided otherwise pursuant to subsection (B) below. This vesting shall not be extended by any amendments or modifications to a site-specific vesting plan unless expressly provided by the approval authority at the time the amendment or modification is approved.

(B)

Upon issuance of a building permit, the expiration provisions of G.S. 160D-108 and the revocation provisions of G.S. 160D-403 shall apply, except that a building permit shall not expire or be revoked because of the running of time while a zoning vested right under this section is outstanding.

(C)

Multi-Phased Development. A multi-phased development is vested for the entire development with the land development regulations then in place at the time a site plan approval is granted for the initial phase of the multi-phased development. A right which has been vested as provided for in this Ordinance remains vested for a period of seven years from the time a site plan approval is granted for the initial phase of the multi-phased development. (G.S. 160D-108(f))

14.9.9.5. Termination. A zoning right that has been vested as provided in this chapter shall terminate:

(A)

At the end of the applicable vesting period with respect to buildings and uses for which no valid building permit applications have been filed;

(B)

With the written consent of the affected landowner;

(C)

Upon findings by the Board of Commissioners, by ordinance after notice and a public hearing, that natural or manmade hazards on or in the immediate vicinity of the property, if uncorrected, would pose a serious threat to the public health, safety and welfare if the project were to proceed as contemplated in the site-specific development plan;

(D)

Upon payment to the affected landowner of compensation for all costs, expenses, and other losses incurred by the landowner, including but not limited to all fees paid in consideration of financing, and all architectural, planning, marketing, legal and other consultant's fees incurred after approval by the city, together with interest thereon at the legal rate until paid; compensation shall not include any diminution in the value of the property which is caused by the action;

(E)

Upon findings by the Board of Commissioners, by ordinance after notice and a hearing, that the landowner or his or her representative intentionally supplied inaccurate information or made material misrepresentation that made a difference in the approval by the approval authority of the site-specific development plan; or

(F)

Upon the enactment or promulgation of a state or federal law or regulation that precludes development as contemplated in the site-specific development plan, in which case the approval authority may modify the affected provisions, upon a finding that the change in state or federal law has a fundamental effect on the plan, by ordinance after notice and hearing.

14.9.9.6. Voluntary Annexation. A petition for annexation filed with the Town under G.S. 160-31 or 160A-58.1 shall contain a signed statement declaring whether or not any zoning vested right with respect to the properties subject to petition has been established under G.S. 160D-108(c). A statement that declares that no zoning vested right has been established under G.S. 160D-108(c), or the failure to sign a statement declaring whether or not a zoning vested right has been established, shall be binding on the landowner; and any zoning vested right shall be terminated.

14.9.9.7. Limitations. Nothing in this chapter is intended or shall be deemed to create any vested right other than those established pursuant to G.S. 160D-1007.

14.9.9.8. Penalty.

(A)

Any violation of any provision of this chapter shall subject the violator to a civil penalty in the sum specified in the fee schedule as approved and adopted by the Board of Commissioners and posted on the Town website. A citation for the civil penalty shall be issued by the Police Department or the UDO Administrator. Each citation for a civil penalty must be paid within 72 hours of issuance.

(B)

Every day that the violator continues in violation shall be a separate and distinct offense.

(C)

[Reserved.]

(1997 Code, §§ 44-5, 44-121, 44-223—44-229; Am. Ord. 00-12-10, passed 12-18-2000; Am. Ord. 2012-03-01, passed 3-19-2012; 2016 Code §§ 156.137, 156.138, 156.140—156.142, 156.999)