Franklin City Zoning Code
AMENDMENTS
§ 152.160 INITIATION OF AMENDMENTS.
This Unified Development chapter, including the zoning map, may be amended only by the Town Council. Changes or amendments may be initiated by the Town Council, the Planning Board, the Board of Adjustment, town staff, or by one or more private citizens.
(Ord. passed 10-1-07; Am. Ord. passed - - )
§ 152.161 APPLICATION.
An application for any amendment shall contain a description and/or statement of the present and proposed zoning regulation or district boundary to be applied, the names and addresses of the owner or owners of the lot in question, the use of each adjacent property and such other information as may be requested by the Land Use Administrator. If an application is denied, no application for any change in the zoning regulations applicable to the same property or any part thereof shall be filed until the expiration of one year from the date of final determination by the Town Council. Provided, however, the one-year waiting period shall not be applicable to the rezoning of all or any part of property previously considered by the Town Council where the new application requests assignment of a different zoning district classification.
(Ord. passed 10-1-07; Am. Ord. passed 2-3-14; Am. Ord. passed - - )
§ 152.162 FEE.
A fee shall be paid to the Town of Franklin for each application for an amendment to cover the cost of advertising and other administrative expenses. The fee shall be determined by a resolution of the Town Council and may be amended at any time in like manner.
(Ord. passed 10-1-07; Am. Ord. passed - - )
§ 152.163 PROCESSING OF APPLICATION.
An application for amendment shall be processed in accordance with the provisions of this section.
(A) Action by the Planning Board. The Planning Board shall consider and make recommendations to the Town Council concerning each proposed zoning map amendment/rezoning, and/or amendment to the text of this chapter, in conformity with this section.
(1) Plan consistency statement. The Planning Board shall by majority vote make a recommendation to the Town Council whether it should adopt or reject any zoning map amendment/rezoning and/or text amendment. The recommendation shall be made in reference to the town's comprehensive land use plan, and shall specify whether and in what way the proposed amendment is either a) consistent with the comprehensive plan, b) inconsistent with the comprehensive plan and should be rejected, or c) inconsistent with the comprehensive plan but nevertheless be adopted, thereby amending the future land use map contained within the comprehensive plan accordingly. The proposal will place all property similarly situated in the area in the same category, or in appropriate complementary categories.
(2) Reasonableness statements for map amendments/rezonings. If the matter under consideration is a zoning map amendment/rezoning, the Planning Board shall also specify whether the zoning map amendment/rezoning is reasonable. The Planning Board may, but is not required, to propose a statement of reasonableness concerning a text amendment. This statement may consider, among other factors:
a. The size, physical conditions, and other attributes of the area proposed to be rezoned;
b. The benefits and detriments to the landowners, neighbors, and surrounding community;
c. The relationship between current and actual permissible development on the tract and adjoining areas and the development that would be permissible under the proposed amendment;
d. Why the zoning map amendment/rezoning is in the public interest; and
e. Any changed conditions warranting the amendment.
(3) Large-scale rezonings. If a zoning map amendment meets the statutory definition of a “large-scale rezoning,” when a) the plan consistency statement may address the overall rezoning and describe how the analysis and policies in the comprehensive plan were considered; and b) the reasonableness statement may address the overall rezoning.
(B) Notice of public hearing. No amendment shall be adopted by the Town Council until after a public notice and hearing. Notice of the date, time and place of the public hearing shall be published in a newspaper of general circulation once a week for two successive weeks, with the first notice to be published not less than ten nor more than 25 days prior to the date of the hearing.
(1) When a zoning map amendment is proposed, the owner of that parcel of land as shown on the county tax listing, and the owners of all parcels of land abutting that parcel of land as shown on the county tax listing, shall be mailed a notice of a public hearing on the proposed amendment by first class mail at the last addresses listed for such owners on the county tax abstracts. This notice must be deposited in the mail not less than ten nor more than 25 days prior to the date of the public hearing. The person or persons mailing such notices shall certify to the Town Council that fact, and such certificate shall be deemed conclusive in the absence of fraud.
(2) When a proposed zoning map amendment directly affects more than 50 properties, owned by a total of at least 50 different property owners, the town may elect to use the expanded published notice provided for in this section rather than the notice stipulated in division (B)(1), above. In this circumstance, the town may provide notice of the hearing by means of an advertisement not less than one-half newspaper page in size published in a newspaper of general circulation once a week for two successive weeks, with the first notice to be published not less than ten nor more than 25 days prior to the date of the hearing.
(3) When a zoning map amendment is proposed, the town shall prominently post a notice of the public hearing on the site proposed for rezoning or on an adjacent public street or highway right-of-way. The notice shall be a minimum of 18 inches by 24 inches in size. When multiple parcels are included within a proposed zoning 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.
(C) Nature of proceedings. It is the intent of this ordinance that applicants for rezoning to any district other than a special use district or a planned development district shall be prohibited from offering any testimony or evidence concerning the specific manner in which they intend to use or develop the property.
(D) Citizen comments. If any resident or property owner in the town submits a written statement regarding a proposed amendment, modification, or repeal to a zoning ordinance to the Town Clerk at least two business days prior to the proposed vote on such change, the Town Clerk shall deliver such written statement to the Town Council. If the proposed change is the subject of a quasi-judicial proceeding under G.S. § 160-338, the Town Clerk shall provide only the names and addresses of the individuals providing written comment, and the provision of such names and addresses to all members of the Town Council shall not disqualify any member of the Council from voting.
(E) Statements of consistency, reasonableness; voting. The Town Council shall adopt a statement of consistency of each amendment considered pursuat to this section; it shall also adopt a statement of reasonableness for each zoning map amendment/rezoning. In adopting such statement(s) as required by law, the Town Council may adopt by reference the statement(s) proposed by the Planning Board, may modify such proposed statement(s), or may specify entirely separate grounds for such statement(s). Pursuant to G.S. § 160A-75, as amended, a failure to vote by any member of the Town Council physically present in the Council Room, or who has withdrawn without being excused by a majority vote of the remaining Council members present, shall not be recorded as an affirmative vote.
(Ord. passed 10-1-07; Am. Ord. 10-5-15; Am. Ord. passed - - ; Am. Ord. 2024-003, passed 6-3-24)
§ 152.164 PROPERTY OWNER CONSENT UNDER CERTAIN CIRCUMSTANCES.
Amendments, modifications, supplements, repeal or other changes in zoning regulations and restrictions and zone boundaries shall not be applicable or enforceable without the consent of the owner with regard to lots for which building permits have been issued pursuant to G.S. § 160A-417 prior to the enactment of this chapter making the change or changes so long as the permits remain valid and unexpired pursuant to G.S. § 160A-418 and unrevoked pursuant to G.S. § 160A-422.
(Ord. passed 10-1-07)