A petition for an amendment to either the Zoning Ordinance of the city or the official zoning map of the city may be initiated by the City Council, the Planning and Zoning Commission, any department or agency of the city, or the owner or authorized agent of the owner of any property within the zoning jurisdiction of the city that desires an amendment to either the Zoning Ordinance or map which would affect property in which he or she has a vested property right recognized under existing law. In accordance with G.S.160D-601, no amendments to the zoning ordinance or the official zoning map that downzone property shall be initiated nor shall they be enforceable without the written consent of all property owners whose property is the subject of the down-zoning amendment unless the down-zoning amendment is initiated by the city.

(Ord. No. 2337, § 1, passed 6-13-1991; Ord. No. 21-032, § 1, passed 6-21-2021)

   A fee shall be paid to the city for each proposed amendment, supplement, change, modification, or repeal to this chapter or the official zoning map and the fee shall be set out in the Manual of Fees for the city.

(Ord. No. 2337, § 1, passed 6-13-1991)

   The procedures governing amendments to this chapter shall be in accordance with state law, the Land Development Administrative Manual and the Rules of Procedure of the Planning and Zoning Commission.

   (A)   In accordance with G.S. 160D-109(a), no member of the City Council shall vote on a legislative decision regarding any zoning map (rezoning) or text amendment where the outcome of the matter being considered is likely to have a direct, substantial, and readily identifiable impact on the member or if the landowner of the property subject to a rezoning petition or the applicant for a text amendment is a person with whom the member has a close familial, business, or other associational relationship.

   (B)   In accordance with G.S. 160D-109(b), no member of the Planning and Zoning Commission shall vote on a recommendation regarding any zoning map (rezoning) or text amendment where the outcome of the matter being considered is likely to have a direct, substantial, and readily identifiable impact on the member or if the landowner of the property subject to a rezoning petition or the applicant for a text amendment is a person with whom the member has a close familial, business, or other associational relationship.

(Ord. No. 2337, § 1, passed 6-13-1991; Ord. No. 21-032, § 1, passed 6-21-2021)

   In deciding whether to approve an amendment to the official zoning map of the city, the Planning and Zoning Commission and the City Council shall consider the following factors:

   (A)   Conformance of the proposed map amendment with the City Land Use Plan Map and the text of the Comprehensive Plan;

   (B)   Compatibility of the proposed map amendment with surrounding zoning patterns;

   (C)   Compatibility of the proposed map amendment and the range of uses permitted in the requested zoning classification with existing and future adjacent and area land uses;

   (D)   Impact of the proposed map amendment on area streets and thoroughfares; and

   (E)   Other factors which advance the public health, safety and welfare and the specific purposes stated in section 9-4-2. (Ord. No. 97-82, § 1, passed 8-14-1997)

   Unless initiated by the Planning and Zoning Commission, the City Council shall submit all proposed amendments to this chapter to the Planning and Zoning Commission for review and recommendation. The Planning and Zoning Commission shall have 65 days within which to submit its report. If the Planning and Zoning Commission fails to submit a report within the above period, it shall be deemed to have approved the proposed amendment.

(Ord. No. 2337, § 1, passed 6-13-1991)

   (A)   When a petition has been initiated for an amendment to the Future Land Use Plan Map, a petition for an amendment to the official zoning map of the city affecting the same property, or any portion thereof, shall not be initiated in accordance with section 9-4-331 and shall not be considered by the Planning and Zoning Commission until City Council approves or denies the amendment to the Future Land Use Plan Map.

   (B)   Except as further provided, when the City Council has denied any petition for amendment of the Future Land Use Plan Map, a petition for an amendment to the Future Land Use Plan Map affecting the same property, or any portion thereof, shall not be accepted by the Planning and Zoning Commission until the expiration of six months from the date of the previous denial. This section shall not prohibit the Planning and Zoning Commission or the City Council from initiating an amendment to the Future Land Use Plan Map, affecting the same property or any portion thereof, at any time following denial of any petition for amendment of the Future Land Use Plan Map.

(Ord. No. 10-96, § 1, passed 11-8-2010)

   Except as provided under section 9-4-334 and section 9-4-334.1 the City Council shall consider changes and amendments to this chapter at any meeting during the year in accordance with applicable law.

(Ord. No. 2337, § 1, passed 6-13-1991; Ord. No. 07-122, § 2, passed 9-13-2007)

   (A)   Petition for zoning amendment may be withdrawn not less than ten working days prior to the Planning and Zoning Commission meeting date. A petition that is withdrawn twice within any 12-month period shall not be considered by the Planning and Zoning Commission until the expiration of 12 months from the date of the last withdrawal.

   (B)   All requests for withdrawal must be filed in writing with the Director of Planning and Development Services.

   (C)   Reconsideration of withdrawn petitions shall be in accordance with original submission requirements.

(Ord. No. 2337, § 1, passed 6-13-1991; Ord. No. 06-75, § 1, passed 8-10-2006; Ord. 19-045, § 1, passed 9-12-2019)

   (A)   Petition for zoning amendment may be withdrawn from City Council legislative hearing provided that the request is made at least 72 hours prior to the hearing date. If the hearing is continued to a later date, the date of the original scheduled hearing shall control.

   (B)   All requests for withdrawal must be filed in writing with the City Manager.

   (C)   Petitions withdrawn in accordance with this section shall not be reconsidered by the Planning and Zoning Commission until the expiration of six months following the date of withdrawal.

   (D)   Reconsideration of withdrawn petitions shall be in accordance with original submission requirements.

   (E)   Original requests referred back to the Planning and Zoning Commission for reconsideration shall not require a filing fee provided all other submission requirements are met.

(Ord. No. 2337, § 1, passed 6-13-1991; Ord. No. 21-032, § 1, passed 6-21-2021)

   When the City Council has denied any petition for zoning amendment, a petition for the same amendment affecting the same property, or any portion thereof, shall not be accepted by the Planning and Zoning Commission until the expiration of six months from the date of the previous denial.

(Ord. No. 2337, § 1, passed 6-13-1991)

   Appeals from the decisions of City Council shall be made in accordance with applicable law.

(1971 Code, § 9-4-340) (Ord. No. 2337, § 1, passed 6-13-1991)