The board of commissioners may change the text regulations and zoning district lines according to the procedures set forth in this article.

(Code 1977, § 9-4121)

The following actions shall be taken by the applicant:

(1)

Initiation of amendments. Proposed changes or amendments may be initiated by the board of commissioners, planning board, board of adjustment, or by the owners, or their agent, of property within the area proposed to be changed.

(2)

Application. Application for any change or amendment shall be filed with the administrative official at least 25 days prior to the planning board meeting at which the application is to be considered. The application shall contain a description of the proposed amendment, a legal description if not a text amendment, and the names and addresses of property owners, per the Harnett County property records, directly affected by the proposed change.

(3)

Fee. The board of commissioners shall set a fee payable to the town to cover the necessary administrative costs and advertising of each application for a change or amendment. The set fee shall be posted in the town clerk's office.

(4)

Notice of public hearing letters. When a change in the zoning classification of a piece of property is requested, the applicant shall provide to the administrative official a list of names and addresses, as obtained from the county tax listings and tax abstracts of all adjacent property owners, and all owners of property within the area under consideration for rezoning. The zoning administrator shall then mail notices of the public hearing to each person on the list and shall certify that fact to the board of commissioners. The notice must be placed in the mail at least ten days but not more than 25 days prior to the date of the hearing. Such certification shall be deemed conclusive in the absence of fraud.

(Code 1977, § 9-4121.1; Ord. No. 2015-2016:003 , § 6, 7-2-2015; Res. No. 2021-2022-001 , 7-1-2021)

(a)

The planning board shall consider and make recommendations to the board of commissioners concerning each proposed zoning text and map amendment. 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)

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.

(2)

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 they intend to make of the property involved.)

(3)

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

(4)

The proposed change is in accord with the land development plan and sound planning principles.

(b)

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

(Code 1977, § 9-4121.2; Res. No. 2021-2022-001 , 7-1-2021)

(a)

Notice and public hearing. No amendment shall be adopted by the board of commissioners until after public notice and hearing. Notice of a public hearing shall be given once a week for two successive calendar weeks in a newspaper of general circulation in the town, said notice to be published the first time not less than ten days nor more than 25 days prior to the date fixed for said hearing. In addition to the newspaper notice, notice shall also be made by posting the property concerned with a poster indicating the proposed change and date of hearing when the application is for a change to a district boundary. Refer to G.S. 160A-84 for expanded public notice options.

(b)

Board of commissioner's action. Before taking such lawful action, as it may deem advisable, the town board shall consider the planning board's recommendation on each proposed zoning amendment. If no recommendation is received from the planning board within 30 days after public hearing by the town board, the proposed amendment shall be deemed to have been approved by the planning board.

(c)

Plan consistency. When adopting or rejecting any zoning text or map amendment, the governing board shall approve a brief statement describing whether its action is consistent or inconsistent with an adopted comprehensive/land use 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 the comprehensive/land use plan.

(Code 1977, § 9-4121.3; Res. No. 2021-2022-001 , 7-1-2021)