(a)

Amendments to the text of this chapter, including the zoning map, shall be made in accordance with the provisions of this article and state law.

(b)

Whenever a request to amend this chapter is initiated by the board of commissioners, the planning board, the board of adjustment, or the county administration, the county attorney in consultation with the administrator shall draft an appropriate ordinance and present that ordinance to the board of commissioners so that a date for a public hearing may be set and for referral to the planning board for review and comment.

(c)

Any other person may also petition the board of commissioners to amend this chapter. An application for a proposed amendment shall be filed with the administrator and shall include, among the information deemed relevant by the administrator, a description of the proposed map change or a summary of the specific objective of any proposed change in the text of this chapter. The administrator shall present such application to the board of commissioners so that a date for a public hearing may be set and for referral to the planning board for review and comment.

(d)

The board of commissioners will not consider any application for an amendment to this chapter that it denied within the preceding twelve (12) months.

(Amd. of 4-1-08, § 42)

(a)

All proposed amendments to this chapter shall be submitted to the planning board for review and comment.

(b)

The planning board shall endeavor to review the proposed amendment in such a timely fashion that any recommendations it may have can be presented to the board of commissioners at the public hearing on the amendment. However, if the planning board is not prepared to make recommendations at the public hearing, it may request the board of commissioners to delay final action on the amendment until such time as the planning board can present its recommendations.

(c)

The planning board shall advise and comment on whether a proposed amendment is consistent with any adopted comprehensive plan and any other officially adopted plan that is applicable. The planning board shall provide a written recommendation to the board of commissioners that addresses plan consistency and other matters as deemed appropriate by the planning board, but a comment by the planning board that a proposed amendment is inconsistent with the comprehensive plan or other plans shall not preclude consideration or approval of the proposed amendment by the board of commissioners. The board of commissioners is not bound by the recommendations, if any, of the planning board.

(d)

A statement analyzing the reasonableness of a proposed zoning map amendment (rezoning) shall be prepared by the applicant for a rezoning to a conditional district or other small-scale rezoning.

(e)

A planning board member shall not vote on recommendations regarding any amendment where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member.

(Amd. of 4-1-08, § 43)

(a)

No ordinance that amends any of the provisions of this chapter may be adopted until a public hearing has been held on such ordinance.

(b)

The administrator shall publish, mail and post notices of the public hearing in accordance with G.S. Chapter 160D, Article 6.

(c)

Prior to taking action on any amendment to this chapter, the board of commissioners shall adopt a statement describing whether its action is consistent with an adopted comprehensive plan and explaining why the board of commissioners considers the action taken to be reasonable and in the public interest. That statement is not subject to judicial review.

(d)

A member of the board of commissioners shall not vote on any amendment where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member.

(Ord. of 1-4-94, § 17.1; Amd. of 4-1-08, § 44; Ord. of 6-1-21(1))

(a)

Initiation. The reclassification of property to a conditional use district may be initiated only by the property owner(s), or an agent authorized by affidavit to act on the owner's behalf.

(b)

Petition. A request for conditional use district rezoning shall include an official petition consisting of the following:

(1)

A completed application form and fee.

(2)

A site plan showing all natural, man-made, political and recorded features of the property deemed by the zoning administrator to be necessary to indicate the location, type, scale, size, height, and general extent of the proposed development and its physical, financial, and use impacts upon any on-site or adjacent natural and historic resources, public infrastructure and facilities, and/or existing or approved development as may be regulated or protected by this article. Such plan shall be at a scale sufficient to meet the intent of this section.

(3)

A written description or notation on the map explaining the proposed use of all land and structures, including the number of residential units or the total square footage of any nonresidential development.

(4)

Any other information deemed necessary by the zoning administrator, planning board or board of commissioners.

(c)

Conditions. Prior to the action on the proposed map amendment (which may also include a period after the public hearing) any staff person, planning board member, or county commissioner may meet with the petitioner to discuss the proposed plan and suggest features to be included in the rezoning proposal. The specifics of the plan may be negotiated to address community issues or concerns and to insure that the spirit and intent of this ordinance are preserved. During the public hearing, the board of commissioners may suggest additional features to be included or reflected in the proposal prior to taking action on the request.

(d)

Workshops. In addition to any meeting that may occur informally between any group and the petitioner and the public hearing that is required as part of any rezoning request, the planning board or board of commissioners may require the petitioner to hold one or more formal workshops with neighbors and other stakeholders. The petitioner shall be responsible for providing adequate public notice, arranging for meeting space, documenting attendance, and creating a written summary of the comments received at the workshop. Proof of meeting notice, attendance logs, and the comments summary including the petitioners response to each shall be forwarded to staff for inclusion in the board agenda packet. Adequate public notice for any workshop shall include a written notice and a sign posted on the property in a manner that is visible to the public providing the day, time and location of the meeting, both of which must occur not less than ten (10) nor more than twenty-one (21) calendar days prior to the workshop. Meeting space should be reasonably near the affected property and should be accessible to everyone.

(e)

Development not started within three (3) years. The property owner shall commence construction in accordance with the approved site plan within three (3) years after the zoning amendment is approved. If the planning board determines that construction has not commenced within such time period, it may, recommend to the board of commissioners that the property be zoned to an appropriate general use district.

(Amd. of 6-6-06(2))