This chapter, including the zoning map, may be amended by the Town Council in accordance with the provisions of this subchapter.

(Ord., Art. XIII, § 1300, passed - -)

   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. All proposed amendments should be referred to the Planning Board for their review and recommendation to the Town Council.

(Ord., Art. XIII, § 1301, passed - -)

   (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. The application shall also include a statement regarding the consistency of the request with adopted town plans and surrounding areas.

   (B)   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 proceeding 12 months by the Town Council.

(Ord., Art. XIII, § 1302, passed - -)

   (A)   Before taking any action on a proposed amendment to the ordinance, the Town Council shall consider the Planning Board's recommendations on each proposed amendment. The Planning Board shall have 30 days after the first consideration of the application within which to submit its recommendations to the Town Council.

   (B)   The Planning Board shall include in their recommendation a statement of consistency. Failure of the Planning Board to submit recommendations within the 30 day period shall constitute a favorable recommendation.

(Ord., Art. XIII, § 1303, passed - -)

   Before enacting any amendment to this chapter, the Town Council shall hold a pubic hearing. Notice of public hearing shall be given as required by G.S. § 160A-384, as follows.

   (A)   Notice shall be sent by first class mail to all adjacent property owners describing the proposed development plan at least ten days prior to the public hearing.

   (B)   A notice of the public hearing shall be published in a newspaper of general circulation in the town 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 ordinance and/or map.

   (C)   Adequate notice shall be posted prominently on the subject property on at least each public street that it fronts upon continuously for at least ten days prior to the public hearing.

(Ord., Art. XIII, § 1304, passed - -)

   The Town Council shall make a decision on the proposed amendment within 60 days after the public hearing.

(Ord., Art. XIII, § 1305, passed - -)

   If any resident or property owner in the town submits a written statement regarding a proposed amendment, modification, or repeal to the zoning ordinance to the clerk of the Council at least two business days prior to the proposed vote on such change, the clerk to the Council shall deliver such written statement to the Town Council. If the proposed change is the subject of a quasi-judicial proceeding under G.S.§ 160A-388, 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 Council shall not disqualify any member of the Council from voting.

(Ord., Art. XIII, § 1306, passed - -; Am. Ord. passed 3-16-2017)

   Costs associated with a rezoning request shall be born by the petitioner. Included in the costs, but not by way of limitation, are legal fees, advertising costs, and all expenses incurred in the notification of adjacent property owners.

(Ord., Art. XIII, § 1307, passed - -)

   (A)   Violations. Whenever, by the provisions of this chapter, the performance of any act is prohibited, or whenever any regulation, dimension or limitation is imposed on the use of any land, or on the erection or alterations or the use or change of use of a structure, or the uses within the structure, a failure to comply with the provisions of this chapter shall constitute a separate violation and a separate offence.

   (B)   Penalties. Any person violating any provisions of this chapter shall be guilty of a misdemeanor and upon conviction shall be punished for each offense by a fine not exceeding $50 or by imprisonment not to exceed 30 days. Each day the violation continues shall be deemed a separate offence.

   (C)   Remedies. If a building or structure is erected, constructed, reconstructed, altered, repaired, converted, moved or maintained, or any building, structure or land is used in violation of this chapter, the Zoning Administrator, in addition to other remedies, may institute any appropriate action or proceedings to prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, moving, maintenance or use, to restrain, correct or abate the violation, to prevent occupancy of the building, structure or land, or to prevent any illegal act, conduct or business or use in or about the premises.

(Ord., Art. XIV, passed - -)

   The following list of plant species includes shade trees, ornamental trees and shrubs which are acceptable for landscaping in this area of the state. A few species are labeled as "discouraged" due to marginal hardiness in this zone, to disease susceptibility, or to overuse.

 

 

 

(Ord., Addendum, passed - -)