Holden Beach City Zoning Code
AMENDMENTS
§ 157.130 AMENDING THE CHAPTER.
The Board of Commissioners may amend the text regulations and zoning map according to the following procedures. The following action shall be taken by the applicant:
(A) Initiation of amendments. Proposed amendments may be initiated by the Town Commissioners, Planning Board, Board of Adjustment, or by one or more interested parties.
(B) Application. An application for any amendment shall contain a description of the proposed zoning regulation or district boundary to be applied. Such application shall be filed with the Building Inspector not later than ten working days prior to the Planning Board meeting at which the application is to be considered.
(C) Fees. A fee of $250 shall be paid to the town for each application for an amendment to cover the costs of advertising and other administrative expense involved.
(‘85 Code, § 15-9.1) (Ord. 33, passed 10-5-81; Am. Ord. 4-84, passed 2-6-84; Am. Ord. 20-11, passed 9-3-20; Am. Ord. 21-10, passed 6-15-21)
§ 157.131 ACTION BY THE PLANNING BOARD.
(A) The Planning Board shall consider and make recommendations to the Town Commissioners
concerning each proposed zoning amendment. The Planning Board shall hold evidentiary hearing prior to any denial or approval.
(B) The Planning Board shall adopt a brief statement describing whether the action taken is consistent or inconsistent with approved comprehensive land use plan.
(‘85 Code, § 15-9.2) (Ord. 33, passed 10-5-81; Am. Ord. 21-10, passed 6-15-21)
Statutory reference:
For similar provision under state law, see G.S. § 160D-605(a)
§ 157.132 ACTION BY THE TOWN COMMISSIONERS.
(A) Notice and legislative hearing. No amendment shall be adopted by the Town Commissioners until after public notice and hearing. Notice of legislative hearing shall be published once a week for two successive calendar weeks in the local newspaper. The notice shall be published the first time not less than ten days prior nor more than 25 days before the date fixed for the hearing. Public notice may also be posted on the property concerned indicating the proposed change and date of legislative hearing.
(B) Before taking such lawful action as it may deem advisable, the Town Commissioners shall consider the Planning Board’s recommendation and consistency statement on each proposed zoning amendment.
(1) Petitions for amendments that receive a favorable recommendation of the Planning Board, or petitions on which the Planning Board fails to make its recommendations within 30 days after the Planning Board’s legislative hearing, shall be scheduled for legislative hearing before the Town Commissioners. Such legislative hearing shall be duly advertised.
(2) Petitions for amendments that receive an unfavorable or adverse recommendation of the Planning Board may be appealed within ten days of the date of such adverse decision, to the Town Commissioners by filing with the Clerk of the Board a notice, in writing, stating therein the action of the Planning Board and the amendment requested. Before taking action on any proposed amendment, the Town Commissioners shall hold a legislative hearing. Legislative hearings on proposed zoning amendments will be held at such times as the Town Commissioners shall decide.
(‘85 Code, § 15-9.3) (Ord. 33, passed 10-5-81; Am. Ord. 4-84, passed 2-6-84; Am. Ord. 16-85, passed 11-4-85; Am. Ord. 92-12, passed 9-23-92; Am. Ord. 21-10, passed 6-15-21)
§ 157.133 RESUBMISSION OF A DENIAL PETITION.
No resubmission of a denied petition may be submitted within six months following its denial.
('85 Code, § 15-9.4) (Ord. 33, passed 10-5-81)