The city council may amend, supplement, or change the text of this chapter or the zoning map in accordance with the procedures established by this article.

(Code 1974, § 25-10)

Proposed changes or amendments to this chapter may be initiated by the city council, planning board, board of adjustment, or by any one (1) or more interested parties.

(Code 1974, § 25-11)

An application for any change or amendment of the text of this chapter shall contain a statement of the present regulation, the proposed amendment, and the name and address of the party requesting the change. An application for any change or amendment of a district boundary shall contain a legal description of the property to be affected by the change and the name and address of the party requesting the change. No application for a change or amendment of a district boundary shall be accepted, unless the area to be changed comprises greater than three (3) acres of land or, if smaller, adjoins and is contiguous to two (2) zoning districts after its zoning classification is changed.

(Code 1974, § 25-12)

For each application for any change or amendment, a fee shall be paid to the city to cover the costs of advertising and administrative expenses. The city council, planning board, and board of adjustment shall be exempt from this fee.

(Code 1974, § 25-13)

Applications or petitions for changes or amendments to this chapter shall be filed with the planning department at a predetermined schedule set by the planning board at their first meeting of each calendar year.

(Code 1974, § 25-14; Ord. No. 02008-03, 2-7-08)

(a)

In the event that an application to amend or change the text of this chapter or any district boundary is denied by the city council, a period of twelve (12) months must elapse before another application for the same or essentially similar change in zoning of the same property or any part thereof shall be accepted. The twelve-month period shall run from the date of filing of the previous application for the change in regulations or in the classification of the land by the planning board.

(b)

Further, no new application for any change in the zoning regulations applicable to the same property or any part thereof shall be accepted or processed by the planning board within six (6) months from the date of the filing of the last application. This section applies with equal force to any application for conditional use permits pursuant to article IX.

(c)

The city council, by three-fourths (¾) affirmative vote of its total membership, may waive this restriction if it finds good cause.

(Ord. No. 1994-002, 4-7-94)

Editor's note— Ordinance No. 1994-002, adopted April 7, 1994, amended the Code by adding a new § 22-32. In order to keep similar subject matter together, such new provisions were added as § 22-25.1 at the discretion of the editor.

(a)

Notice of hearing before the planning board on any application or petition to change or amend this chapter shall be published one time, at least seven (7) days prior to the planning board meeting at which such proposed change or amendment will be heard. The notice shall appear in a newspaper of general circulation in the city.

(b)

If the application or petition is for a change in a zoning district boundary, the property proposed to be changed shall be posted for a period of at least seven (7) days prior to the hearing date, in addition to the newspaper notice.

(Code 1974, § 25-15; Ord. No. 02008-03, 2-7-08)

Editor's note— Ord. No. 02008-03, adopted February 7, 2008, changed the title of section 22-26 from "Planning board public hearing—Notice and advertisement" to "Planning board initial hearing—Notice and advertisement."

(a)

The planning board shall hold an initial hearing on all properly filed proposed changes or amendments to this chapter. Procedures governing planning board hearings shall be established by the planning board, but these procedures shall ensure equal opportunities for all proponents or opponents to be heard.

(b)

Within forty-five (45) days of the closing of the hearing, the planning board shall make recommendations to the city council to approve, approve with changes, or deny the requested change or amendment.

(c)

Planning board recommendations shall be in the form of written resolutions, specifying the reasons for the board's recommendation, and may include any pertinent data collected at the hearing or during their deliberations.

(Code 1974, § 25-16; Ord. No. 02008-03, 2-7-08)

After receipt of the planning board's recommendations as specified in section 22-27, or anytime after forty-five (45) days of the initial hearing, a notice of public hearing before the city council shall be given in accordance with G.S. 160A-384.

(Code 1974, § 25-17; Ord. No. 02008-03, 2-7-08)

(a)

The city council shall hold a public hearing on all properly filed proposed changes or amendments to this chapter anytime after receipt of the planning board's recommendations, but in no case more than sixty-five (65) days after the completion of the planning board's initial hearing.

(b)

The city council may request any public official to introduce the application or petition, which may include a brief description of the merits of the proposal in relation to city community goals or needs. The council shall provide equal opportunities for all proponents or opponents to be heard.

(Code 1974, § 25-18; Ord. No. 02008-03, 2-7-08)

Within forty-five (45) days of the close of the public hearing, the city council shall take action, to include approving the request, approving the request with changes, denying the request or referring the request back to the planning board for further consideration, on the proposal. A majority of those council members present may make the final decision.

(Code 1974, § 25-19; Ord. No. 02008-03, 2-7-08; Ord. No. O2010-01, 1-14-10; Ord. No. O2017-10, 4-11-17)

If any resident or property owner in the city submits a written statement regarding a proposed amendment, modification, or repeal to a zoning ordinance to the clerk to the board at least two (2) business days prior to the proposed vote on such change, the clerk to the board shall deliver such written statement to the city council. If the proposed change is the subject of a quasi-judicial proceeding under G.S. 160A-388, the clerk shall provide only the name and addresses of the individuals providing written comment, and the provision of such names and addresses to all members of the board shall not disqualify any member of the board from voting.

(Ord. No. O2017-10, 4-11-17)

Editor's note— Ord. No. O2017-10, adopted Apr. 11, 2017 amended § 22-31 in its entirety to read as herein set out. Former § 22-31 pertained to protest petitions and derived from (Code 1974, § 25-20; Ord. No. 02008-03, adopted Feb. 7, 2008; and Ord. No. 02010-01, adopted Jan. 14, 2010).