The Dobson Town Board may, on its own motion, upon recommendation of the Planning Board, or upon petition by an interested person, amend, supplement, change, modify or repeal the regulations or district boundaries established by this Ordinance. A petition by an interested person shall be submitted to the Town Board through, and reviewed by, the Planning Board, which shall consider its merit and make a recommendation to the Town Board. In no case shall final action by the Town Board be taken on amending, changing, supplementing, modifying or repealing the regulations or district boundaries hereby established until the Town Board has held a public hearing.

(A)

Initiation of Amendments.

(1)

Proposed changes or amendments to the Town of Dobson Zoning Map and/or the text of this Ordinance, may be initiated by the Town Board, owner(s) or designated agent(s).

(2)

The text or map of this Ordinance shall not be amended, supplanted, changed, modified or repealed until after a public hearing has been held by the Town Board at which all parties in interest and citizens shall have the opportunity to be heard. A notice of such public hearing shall be given once a week for two (2) successive weeks in a newspaper of general circulation in the Town, said notice shall be published for the first time not less than ten (10) days and not more than 25 days prior to the date fixed for such public hearing. In computing such period, the day of publication is not to be included but the day of the hearing shall be included. In addition, before changing the zoning map, notice shall be mailed first class mail to adjoining property owners and those properties separated by a street, railroad or other transportation corridor at least 10 days before the hearing date. Notice shall also be provided by posting the subject property at least 10 days before the hearing date.

The requirements of this part are subject to additional requirements found in Articles 8 and 10. Where the provisions of this part and Articles 8 and 10 conflicts, the more stringent requirements shall apply.

(B)

Petition. A petition for any change or amendment shall contain a metes and bounds description of the property or portion of the property identified on the petition, a statement of the present and proposed zoning regulation or district boundary, and the names and addresses of the owner or owners of the property involved. Such petition shall be filed no later than 21 days prior to the Planning Board meeting at which the petition is to be considered. There must be a separate petition prepared for each parcel of land that has different ownership.

The petitioner shall schedule a meeting with the Zoning Administrator prior to submittal of the petition. This meeting will allow the petitioner and the Zoning Administrator to familiarize themselves with the proposal, Land Use Plan development principles, and any applicable regulations.

In addition to this Article, petitions for any map amendment to a conditional zoning district shall also be subject to the requirements found in Article 8 of this Ordinance.

There will be no third-party down zonings, unless initiated by the Town.

(C)

Fees. A nonrefundable fee, according to the adopted fee schedule available at Town Hall, shall be paid to the Town of Dobson for each application for an amendment, to cover costs of advertising and other administrative expenses involved.

(D)

Repetition for Amendment. With the exception of requests originating with the Planning Board, Board of Adjustment, or Zoning Administrator, a petition for any rezoning of the same property or any petition for the same amendment to the Unified Development Ordinance text shall be permitted only once within any one year period. The Town Board, by eighty percent (80%) affirmative vote of its total membership, may waive this restriction if it finds an emergency exists.

(E)

Permit Choice. If an application made in accordance with the Town of Dobson Ordinance is submitted for a Zoning Compliance or other development approval and the development regulation changes between the time the application was submitted and a decision is made, the petitioner may choose which version of the development regulation will apply to the application.

Every proposed amendment (text and map), supplement, change, modification or repeal of this Ordinance shall be referred to the Planning Board for its recommendation and report. The Planning Board shall hold a public meeting, at which the Town Board may sit concurrently with the Planning Board if the Town Board so desires.

In addition to the requirements of this Article, proposed map amendments to a conditional zoning district or requirements for special zoning districts shall be adhered to by the Planning Board as found in Article 8 and 11.

The Planning Board shall advise and comment on whether the proposed amendment is consistent with any officially adopted comprehensive plan, land use plan, small area plan, community plan, community development plan, corridor plan, thoroughfare or transportation plan, and capital improvements plan. The Planning Board shall provide a written recommendation to the Town Board that addresses plan consistency and other matters as deemed appropriate by the Planning Board.

The following policy guidelines shall be followed by the Planning Board concerning zoning amendments and no proposed zoning amendment will receive favorable recommendation unless:

(1)

The proposal will place all property similarly situated in the area in the same category, or in appropriate complementary categories.

(2)

There is convincing demonstration that all uses permitted under the proposed district classification would be in the general public interest and not merely in the interest of an individual or small group.

(3)

There is convincing demonstration that all uses permitted under the proposed district classification would be appropriate in the area included in the proposed change. (When a new district designation is assigned, any use permitted in the district is allowable, so long as it meets district requirements, and not merely uses which applicants state that they intend to make of the property involved.)

(4)

There is convincing demonstration that the character of the neighborhood will not be materially or adversely affected by any use permitted in the proposed change.

(5)

The proposed change is in accord with the Land Use Plan and sound planning principles.

The Planning Board shall render its decision on any properly filed application within 30 days after the introduction of such application and shall transmit its recommendation and report, including the reasons for its determinations, to the Town Board.

Before adopting, amending, or repealing any ordinance authorized by this Article, the Town Board shall hold a public hearing on it. In accordance with NCGS 160D-601, notice of public hearing shall be published in a newspaper of general circulation in the Town of Dobson at least once each week for two successive weeks prior to the hearing. The first notice shall appear in the newspaper at least ten days but not more than 25 days prior to the hearing.

Before taking such lawful action as it may deem advisable, the Town Board shall consider the Planning Board's recommendations on each proposed zoning amendment. The Town Board is not bound by the recommendations, if any, of the Planning Board.

A report from the Planning Board that a proposed amendment is inconsistent with an officially adopted plan shall not preclude consideration or approval of the proposed amendment by the Town Board.

In addition to the requirements of this Article, proposed map amendments to a conditional zoning district or requirements for special zoning districts shall be adhered to by the Town Board as found in Article 8 and Article 10.

The applicant, the Planning Board, and the Zoning Administrator shall be given written copies of the Town Board's decision and the reasons therefore.

(1)

If the Town of Dobson utilizes a future land use map and a zoning map amendment is adopted that is not consistent with the future land use map, the Town would need to notate on the future land use map the change following the Zoning Map amendment.

Article for the purpose of amending the regulations or district boundaries established by this Ordinance may be withdrawn at any time, but fees are nonrefundable.