Prior to adopting, amending, or repealing any development ordinance or regulation pursuant to this UDO, the village council will conduct a legislative hearing to consider the matter. Notice of the hearing shall be given once a week for two successive weeks in a newspaper having general circulation in the area. The notice shall be published the first time not less than ten days nor more than 25 days before the date of the hearing. In computing such period, the day of publication is not included but the day of the hearing shall be included. Any development regulation adopted per this UDO shall be adopted by ordinance. [G.S. 160D-601]

(Ord. No. 2021-07, § 2, 7-13-2021)

(a)

Prior to making an amendment to the zoning map of the village, the village council will conduct a hearing per section 21-5-1 and provide notice as follows. The owners of affected parcels of land and the owners of all parcels of land abutting that parcel of land shall be mailed a notice of the hearing on a proposed zoning map amendment by first-class mail at the last addresses listed for such owners on the county tax abstracts. For the purpose of this section, properties are "abutting" even if separated by a street, railroad, or other transportation corridor. This notice must be deposited in the mail at least ten but not more than 25 days prior to the date of the hearing. If the zoning map amendment is being proposed in conjunction with an expansion of municipal extraterritorial planning and development regulation jurisdiction under G.S. 160D-202, a single hearing on the zoning map amendment and the boundary amendment may be held. In this instance, the initial notice of the zoning map amendment hearing may be combined with the boundary hearing notice and the combined hearing notice mailed at least 30 days prior to the hearing.

(b)

Optional notice for large-scale zoning map amendments. The first-class mail notice required under this section shall not be required if the zoning map amendment proposes to change the zoning designation of more than 50 properties, owned by at least 50 different property owners, and the local government elects to use the expanded published notice provided for in this subsection. In this instance, the village may elect to make the mailed notice provided for in this section or, as an alternative, elect to publish notice of the hearing as required by G.S. 160D-601, provided that each advertisement shall not be less than one-half of a newspaper page in size. The advertisement shall only be effective for property owners who reside in the area of general circulation of the newspaper that publishes the notice. Property owners who reside outside of the newspaper circulation area, according to the address listed on the most recent property tax listing for the affected property, shall be notified according to the provisions of subsection (a) of this section.

(Ord. No. 2021-07, § 2, 7-13-2021)

When a zoning map amendment is proposed, the village shall prominently post a notice of the hearing on the site proposed for the amendment or on an adjacent public street or highway right-of-way. The notice shall be posted within the same time period specified for mailed notices of the hearing. When multiple parcels are included within a proposed zoning map amendment, a posting on each individual parcel is not required but the local government shall post sufficient notices to provide reasonable notice to interested persons.

(Ord. No. 2021-07, § 2, 7-13-2021)

Written statements from residents or property owners concerning the adoption, amendment, or repeal of a zoning regulation (including a text or map amendment) that are submitted to the village clerk at least two business days before the proposed vote on such change, will be submitted to the village council. If the proposed change to the regulation is the subject of a quasi-judicial hearing proceeding under article III, section 21-3-6 of this UDO, the clerk shall provide only the names and addresses of the individuals providing written comments to all members of the board of adjustment, and the provision of such names and addresses shall not disqualify any member from voting. [G.S. 160D-603]

(Ord. No. 2021-07, § 2, 7-13-2021)

No amendment to the zoning regulations or the zoning map that down-zones property may be initiated or enforced without the written consent of all property owners whose property is the subject of the down-zoning amendment, unless the down-zoning is initiated by the village. Down-zoning means a zoning ordinance or regulation that affects an area of land in one of the following ways: (1) by decreasing the development density allowed under its previous usage, or (2) reducing the permitted uses of the land that are specified in the zoning ordinance or land development regulation to fewer uses than under its previous usage. [G.S. 160D-601(d)]

(Ord. No. 2021-07, § 2, 7-13-2021)

The planning and zoning board created by article II, section 21-2-1 of this UDO shall prepare or review and comment upon all proposed amendments and changes to zoning regulations, including the full text and maps showing proposed district boundaries. The board may conduct public meetings and legislative hearings in the course of preparing or reviewing zoning regulations or amendments. The board shall make a written recommendation regarding the adoption of the regulation or amendment to the village council. The council shall not conduct its required hearing or take action until it has received a recommendation from the board. However, if no written comment has been received from the board within 30 days of referral of an amendment to the current regulation, the village council may act on the amendment without the board's recommendation. The recommendations of the planning and zoning board, if any, are advisory and not binding on the village council.

(Ord. No. 2021-07, § 2, 7-13-2021)

Other development regulations and amendments thereto, contained within this UDO, shall be referred to the planning and zoning board for review and written comment prior to action by the village council. However, if no written comment has been received from the board within 30 days of referral of the regulation or an amendment to a regulation, the village council may act without the board's recommendation. The recommendations of the planning and zoning board, if any, are advisory and not binding on the village council.

(Ord. No. 2021-07, § 2, 7-13-2021)

The planning and zoning board will provide a written comment on whether a proposed amendment (including text or map amendments) to a zoning regulation is consistent with the village comprehensive long range plan and the village land-use plan. A comment from the board that the proposed amendment is inconsistent with an applicable plan(s) does not preclude consideration or approval of the amendment by the village council. [G.S. 160D-604]

(Ord. No. 2021-07, § 2, 7-13-2021)

When adopting or rejecting any zoning text or map amendment, the village council shall approve a brief statement describing whether its action is consistent or inconsistent with the village comprehensive long range plan and village land-use plan. The requirement for a plan consistency statement may also be met by a clear indication in the minutes of a village council meeting that at the time of action on the amendment the council was aware of and considered the planning and zoning board's recommendations and relevant portions of the long range and land-use plans. 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 G.S. 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.

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 village council. 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 council 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. [G.S. 160D-605]

(Ord. No. 2021-07, § 2, 7-13-2021)