The purpose of this Chapter is to set forth procedures for amending the text of these regulations and the zoning classification of land as shown on the Zoning Map. The purpose is not to relieve particular hardships, nor to confer special privileges or rights on any person, but only to make adjustments necessary in light of changed conditions or changes in public policy. Procedures for making amendments to the Unified Development Ordinance text or Zoning Map are also set forth.

(Ord. of 6-20-16(2))

(A)

Any amendment may be initiated by the Town Board of Commissioners or Planning Board by any owner of a legal or equitable interest in the property affected by the amendment, or by a local government agency of the Town, or by any other person living or owning property within the zoning jurisdiction of the Town of Forest City in accordance with the procedures set forth herein. No request for a map amendment that causes reduction in district intensity may be submitted by a third party. Such requests may only be initiated by the Town or the property owner.

(B)

For Conditional Zoning district map amendments (rezonings), only an owner of a legal or equitable interest in the property may initiate the amendment.

(Ord. of 6-20-16(2); Ord. No. FCUDO-2021-03, att., 6-21-21)

14.3.1 Applications for All Amendments.

(A)

An application form and fee shall be submitted by the applicant to the Administrator. The application shall include a description of the proposed change. The application form and fee shall be waived for any amendment request submitted by a Town official or agency acting on behalf of the Town of Forest City. Completed applications shall be forwarded by the Administrator to the Planning Board at their next regularly scheduled meeting provided that the application is submitted a minimum of 30 days prior to the meeting.

(B)

The Administrator, before scheduling any application for amendment for consideration by the Planning Board, shall ensure that it contains all the required information as specified in this Ordinance and on the application form. Applications which are not complete, or otherwise do not comply with the provisions of this Ordinance shall not be scheduled by the Administrator, but shall be returned to the applicant with a notation of the deficiencies in the application.

(C)

The Town Board of Commissioners shall set a fee payable to the Town of Forest City, North Carolina, 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.

14.3.2 Text Amendments.

(A)

For text amendments, the application shall contain a reference to the specific section, subsection, paragraph or item proposed to be changed, as well as the wording of the proposed change, and the reasons therefore.

(B)

Applications shall contain a statement regarding the consistency of the request with adopted Town plans.

14.3.3 Map Amendments (Rezonings).

(A)

For all map amendments (rezonings), applications shall contain a statement regarding the consistency of the request with adopted Town plans and the surrounding area.

(B)

For Conditional Zoning district map amendments (rezonings), the application shall be accompanied by a description of the use or uses proposed and any conditions being proposed by the applicant. The applicant shall also provide a statement of reasonableness regarding the request on the application. In addition to the application, the applicant shall submit a site-specific plan drawn to meet the requirements of Chapter 12, as applicable.

(Ord. of 6-20-16(2))

14.4.1 Planning Board Action.

(A)

The Planning Board shall consider and make recommendations to the Board of Commissioners concerning each proposed Text Amendment.

(B)

The Planning Board shall have 30 days from the initial referral of the request by the Administrator to either recommend approval or denial of the amendment by simple majority vote. If no recommendation is received from the Planning Board within 30 days after initial referral, the proposed amendment may be considered by the Town Board without such recommendation. The Planning Board shall include with its recommendation a written statement regarding the consistency of the request with adopted Town plans and policies.

14.4.2 Notice of Hearing.

Notice of public hearing shall be given as required by NCGS 160D-601 once a week for two (2) consecutive weeks in a newspaper having general circulation in the area. The notice shall be published the first time not less than ten (10) days nor more than twenty-five (25) days before the public hearing date.

14.4.3 Town Board of Commissioners Action.

(A)

Before taking action, the Town Board shall consider the Planning Board's recommendation on each proposed Text Amendment.

(B)

The Town Board of Commissioners shall conduct a legislative public hearing. Notice of public hearing shall be given as required by NCGS 160A-364 once a week for two (2) consecutive weeks in a newspaper having general circulation in the area. The notice shall be published the first time not less than ten (10) days nor more than twenty-five (25) days before the public hearing date.

(C)

In accordance with NCGS 160D-605, When adopting or rejecting any text amendment, the Town Board shall approve a brief statement describing whether its action is consistent or inconsistent with an adopted Comprehensive Plan. The requirement for a plan consistency statement may also be met by a clear indication in the minutes of the Town Board that at the time of action on the amendment the Town Board was aware of and considered the Planning Board's recommendations and any relevant portions of an adopted Comprehensive Plan.

(D)

In accordance with NCGS 160D-601 (c), development regulations shall be adopted by Ordinance.

(C)

Pursuant to NCGS 160D-604, the Planning Board shall include with its recommendation a written statement regarding the consistency of the request with the adopted Comprehensive Plan and any other officially adopted plan that is applicable and any other matters as deemed appropriate by the Planning Board. If a zoning map amendment qualifies as a "large-scale rezoning" under G.S. 160D-602(b), the planning board statement describing plan consistency may address the overall rezoning and describe how the analysis and policies in the relevant adopted plans were considered in the recommendation made.

(Ord. of 6-20-16(2); Ord. No. FCUDO-2021-03, att., 6-21-21)

14.5.1 General Provisions.

(A)

When considering a standard rezoning request neither the Planning Board nor the Town Board of Commissioners shall evaluate the petition based on any specific proposal for the use or development of the affected property and the petitioner shall refrain from using any graphic materials or descriptions of the proposed use or development except for those which would apply to any use permitted in the requested district, provided, however, such information may be presented and considered when on an application for a map amendment for a Conditional Zoning District as outlined in Section 14.6.

(B)

Upon approval of the map amendment, the Administrator shall oversee the updating of the Zoning Map to reflect the approved changes.

14.5.2 Planning Board Action.

(A)

The Planning Board shall consider and make recommendations to the Board of Commissioners concerning each proposed zoning map amendment.

(B)

The Planning Board shall have thirty (30) days from the initial referral of the request by the Administrator to either recommend approval or denial of the amendment by simple majority vote. If no written recommendation is received from the Planning Board within thirty (30) days after initial referral, the proposed amendment may be considered by the Town Board without such recommendation.

(C)

Pursuant to NCGS 160D-604, the Planning Board shall include with its recommendation a written statement regarding the consistency of the request with the adopted Comprehensive Plan and any other officially adopted plan that is applicable and any other matters as deemed appropriate by the Planning Board. If a zoning map amendment qualifies as a "large-scale rezoning" under NCGS 160D-602(b), the planning board statement describing plan consistency may address the overall rezoning and describe how the analysis and policies in the relevant adopted plans were considered in the recommendation made.

14.5.3 Notice of Hearing.

Notice of the public hearing shall be given in accordance with NCGS 160D-602, as follows:

(A)

A notice shall be published in a newspaper having general circulation in the Town once a week for two (2) consecutive weeks provided that the first notice is published not less than ten (10) days nor more than twenty-five (25) days prior to the date established for the public hearing. The expanded published notice option for rezonings (map amendments) noted in Subsection (2) below shall consist of a notice not less than one-half (1/2) of the newspaper page in size.

(B)

A notice of the public hearing shall also be sent by first class mail by the Administrator or designee to the affected property and to all adjacent property owners, including properties separated by a street, railroad, or other transportation corridor. The mail notice shall not be required if a Rezoning (map amendment) directly affects more than fifty (50) properties owned by a total of at least fifty (50) different property owners. Instead the Town may elect to use expanded published notice as noted above in Subsection (1). However, property owners whose addresses are not within the general circulation area of the newspaper shall still receive a notice of public hearing by first class mail.

(C)

The Town shall conspicuously post a notice of public hearing at the site proposed for rezoning at least ten (10) days prior to the public hearing. When multiple parcels are included within a proposed map amendment, a posting on each individual parcel is not required, but the Town shall post sufficient notices to provide reasonable notice to interested persons. The notice shall be removed only after the public hearing has been held.

(D)

For map amendments initiated by a third party, property owner(s) who are not signatories of the application for zoning map amendment must be notified through personal delivery or registered, certified, or delivery receipt mail. Such notice shall state the existing zoning classification and the classification requested by the third party and the date, time and location of the public hearing. The notice shall be written by the Administrator, yet the burden for making this actual notice is on the third party requesting the rezoning, the proof of which shall be provided to the Administrator prior to the public hearing. This requirement shall not apply if a map amendment is initiated by the Town.

14.5.4 Town Board of Commissioners Action.

(A)

In accordance with NCGS 160D-604, before taking action, the Town Board shall consider the Planning Board's recommendation on each proposed zoning map amendment. The Town Board is not bound by the recommendation of the Planning Board. A comment by the Planning Board that the proposed amendment is inconsistent with the Comprehensive Plan shall not preclude consideration or approval of the proposed amendment by the Town Board.

(B)

The Town Board of Commissioners shall conduct a legislative public hearing.

(C)

In accordance with NCGS 160D-605, when adopting or rejecting any zoning map amendment, the Town Board shall approve a brief statement describing whether its action is consistent or inconsistent with an adopted Comprehensive Plan. The requirement for a plan consistency statement may also be met by a clear indication in the minutes of the Town Board that at the time of action on the amendment the Town Board was aware of and considered the Planning Board's recommendations and any relevant portions of an adopted Comprehensive 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 any future land-use map in the approved plan, and no additional request or application for a plan amendment shall be required. A plan amendment and a zoning amendment may be considered concurrently. The plan consistency statement is not subject to judicial review. If a zoning map amendment qualifies as a "large-scale rezoning" under NCGS 160D-602(b), the governing board statement describing plan consistency may address the overall rezoning and describe how the analysis and policies in the relevant adopted plans were considered in the action taken.

(D)

When adopting or rejecting any petition for a zoning map amendment, a statement analyzing the reasonableness of the proposed rezoning shall be approved by the governing board. This statement of reasonableness may consider, among other factors, (i) the size, physical conditions, and other attributes of the area proposed to be rezoned, (ii) the benefits and detriments to the landowners, the neighbors, and the surrounding community, (iii) the relationship between the current actual and permissible development on the tract and adjoining areas and the development that would be permissible under the proposed amendment; (iv) why the action taken is in the public interest; and (v) any changed conditions warranting the amendment. If a zoning map amendment qualifies as a "large-scale rezoning" under G.S. 160D-602(b), the governing board statement on reasonableness may address the overall rezoning. The statement of reasonableness and the plan consistency statement required by this section may be approved as a single statement.

(Ord. of 6-20-16(2); Ord. No. FCUDO-2021-03, att., 6-21-21)

14.6.1 General Provisions.

(A)

The Conditional Zoning (CZ) approval process is established to address those situations when a particular use may be acceptable but the general zoning district(s) that would allow that use would not be acceptable. Rezoning of property to any CZ district is a voluntary procedure on the part of the property owner and is intended for firm development proposals. It is not intended or suited for securing early zoning for a tentative proposal that may be undertaken at some unknown time in the future. Such zones may be approved or changed only by the Town Board of Commissioners in accordance with the regulations contained herein.

(B)

The applicant initiating a CZ Rezoning shall provide at a minimum the drawings and information required for a Site Plan or Subdivision as outlined in Chapter 12.

(C)

When considering a petition for a rezoning to a CZ District, the Planning Board and the Town Board of Commissioners shall evaluate the petition based on specific proposal for the use or development of the affected property and the petitioner shall provide materials and descriptions of the proposed use and development.

(D)

Any use permitted under this process must also, as a minimum, conform to the development regulations for the corresponding zoning district that is requested.

(E)

Any request to materially change the conditions specified within a CZ District once it has been rezoned shall be subject to the entire approval process again.

14.6.2 Notice of Hearing.

Notice of hearing shall be given in the same manner as prescribed for standard rezonings set forth in Section 14.5.3.

14.6.3 Action by Boards.

(A)

The actions required by the Planning Board and Town Board as outlined in Section 14.5.3 and 14.5.4 shall also apply to Conditional Zoning districts.

(B)

In approving a CZ Rezoning, the Town Board of Commissioners may impose such additional conditions upon approval as it may deem necessary in order that the purpose and intent of this Ordinance are served, public welfare secured and substantial justice is done. The applicant shall provide written consent to conditions to ensure enforceability.

14.6.4 Effect of Approval and Minor Modifications.

Approval of the plan is subject to the NCGS 160D-108 and Section 1.7 of this Ordinance. Minor modifications to the approval may be considered subject to Section 11.5.

(Ord. of 6-20-16(2); Ord. No. FCUDO-2021-03, att., 6-21-21)

(A)

If the Town Board of Commissioners has denied an application for the rezoning of a piece of property or has approved a rezoning to a general zoning district which is more restrictive than that which was originally requested, the Planning Board shall not review any applications for the same changes affecting the same property or any portion thereof until the expiration of one (1) year from the date of such previous denial except as provided below.

(B)

The Administrator may allow re-submission of such petition within said one (1) year period if he determines that, since the date of action on the prior petition:

(1)

There has been a significant change in the zoning district classification of an adjacent piece of property; or

(2)

The Town Board of Commissioners has adopted a plan that changes public policy regarding how the property affected by the amendment should be developed; or

(3)

Construction or expansion of a street, water line, sewer line, or other such facilities has occurred to serve the property and can comfortably accommodate the intensity of development allowed under the proposed classification; or

(4)

There has been some other extraordinary change in conditions or circumstances, outside the control of the petitioner, which justifies waiver of the one-year restriction on a new petition; this, however, shall not include a change in the ownership of the subject property.

(Ord. of 6-20-16(2); Amend. of 11-18-19(1))

Editor's note— Amend. of 11-18-19(1) repealed the former § 14.7, which pertained to protest petition and was derived from Ord. of 6-20-16(2), and renumbered the former § 14.8 as the new § 14.7.

Editor's note— See editor's note at § 14.7.