1301.1. The board of county commissioners on its own motion or by petition may amend, supplement, change or repeal the zoning district boundaries or regulations established by this ordinance. Any such amendment will be adopted only after public notice and public hearing as required by general law.

1301.2. In approving an amendment to change a zoning classification, the board of county commissioners may change the existing zoning classification of the area or any part of the area covered by the petition to the classification requested or to a higher classification or classifications as defined in section 1008. This action may occur without the withdrawal or modification of the petition.

(Res. of 6-21-21)

Petitions for an amendment to the zoning ordinance or for the rezoning of property must be filed in the office of the planning department by the property owner or his duly authorized agent. An official application form shall be obtained and returned to the planning department no later than four weeks prior to the date of the planning commission meeting for which the petition is slated. The filing fee shall be in accordance with the planning department fee schedule and must accompany the application form.

(Amd. of 2-18-08(4); Ord. of 10-19-09(7); Ord. of 10-17-11(8))

1303.1. Petition for rezoning of property or amendment to the ordinance may be withdrawn or suspended by the petitioner at any time up to and including 10 days prior to the hearing date. After that time, requests to withdraw or suspend a petition must be filed with the clerk to the board of county commissioners and, on the day of the hearing, the commissioners will decide if the withdrawal/suspension will be allowed. If the request for a suspension is granted, the petitioner shall incur all costs associated with the readvertisement of the public hearing. If a petition is withdrawn, any reapplication shall be treated as a new petition and all required fees shall be paid.

1303.2. The petitioner will not be allowed to amend or change the petition after the board of county commissioners authorizes a public hearing to hear the request.

1304.1. No amendment of the ordinance or rezoning of property may be adopted until after a public hearing has been held on the petition.

1304.2. The total amount of time allowed for the supporters or the opponents of a petition to provide verbal comments shall be determined at public hearing. At the hearing, the presiding officer of the hearing will decide whether to grant all or part of any request for additional time.

1304.3. In cases involving a controversial rezoning matter and a large number of persons wishing to speak at the public hearing in favor of or against a request, the planning department reserves the right to require those persons to sign up in advance of the public hearing in order to facilitate and organize the speakers. Persons who do not register to speak in advance shall be allowed that right at the public hearing. If such a requirement for pre-registration is necessary, the advertised public hearing notice shall clearly indicate this requirement.

(Ord. of 10-19-09(7); Ord. of 10-17-11(8))

No proposal to amend the zoning ordinance or rezone property will be approved unless it is first submitted to the planning commission for its recommendations pursuant to section 1302. The planning commission must take action on the amendment within 45 days after the petition has been referred to the planning commission. If the planning commission does not render a decision within that period, the petition will be considered the same as a favorable recommendation. If the planning commission tables the amendment for any length of time, that shall be considered to be taking action on the amendment.

(Amd. of 2-18-08(4))

A petition for amendment to the ordinance or for the rezoning of property that has been denied in whole or in part or has been approved to a higher classification (as defined in section 1008) than the one originally requested may not be resubmitted within six months of the date of action on the original request. However, the board of county commissioners may choose to allow a reapplication if, after a report from the planning commission, it determines that there have been substantial changes in conditions or circumstances which may relate to the request.

(Res. of 6-21-21)

For any request that is to go before the zoning board of adjustment, planning commission, or board of county commissioners that pertains to a particular property or properties, Staff shall complete the following requirements:

1307.1 A notice of the request will be placed in a local Carteret County newspaper once a week for two successive calendar weeks. The notice will appear for the first time no more than 25 days and no less than 10 days prior to the meeting or hearing date.

1307.2 In addition, notice shall be given by first class mail to the owners of surrounding properties, as well as any others whose property (or any portion thereof) lies within 200 feet or 2 properties, whichever distance is greater, of any portion of the subject property or properties. Such notification must be mailed at least 10 (ten) days in advance of the meeting/hearing date.

1307.3 A sign shall be posted on the subject property or properties at least ten (10) days prior to the meeting or hearing date.

(Ord. of 10-17-11(8); Res. of 2-20-23)