A petition for an amendment to the text of this Ordinance may be initiated by the Board of Commissioners (BOC), the Town's Planning Board, any department or agency of the Town, the owner of any property within the Town's jurisdiction, or by any resident within the Town's jurisdiction. A petition for an amendment to the Indian Beach Zoning Map may be initiated by the BOC, the Town's Planning Board, any department or agency of the Town, or the owner of the subject property. Such petitions shall be filed with the Town in the form prescribed by the Town Manager and shall include any supporting documents as necessary. A person who has no ownership interest in the subject property shall have no jurisdiction to petition for a Zoning Map change for such property, but shall have the right to request either the planning board or the BOC to initiate such a change.

A fee, as set forth in the Town's official fee schedule or as established by resolution of the BOC and filed in the Office of the Town Clerk, shall be paid to the Town by any applicant requesting a text amendment to this Ordinance, and by any property owner requesting an amendment to the Indian Beach Zoning Map pertaining to his property, to cover the cost of advertising and other administrative expenses incurred by the Town. There shall be no fee charged for an amendment change initiated by the BOC, the Town's Planning Board, or by any department or agency of the Town. The payment of the fee shall not entitle the applicant to a public hearing on the application or a vote by either the Planning Board or Town Board and the applicant assumes the risk that such public hearing and/or votes will not be held. Until the BOC adopts fee schedule that includes a fee for a zoning amendment.

Editor's note— [Sec. 9.2 was amended by Ord. of 9-11-2019 .]

Any application for an amendment to this Ordinance shall be filed with the Town Manager. The Town Manager will promptly deliver the application to the members of the planning board. Applications from the BOC or departments or agencies of the Town shall be in writing, signed by an official of the Town, and shall generally outline the request.

Each application submitted by a property owner or other individual shall be signed by the applicant and shall contain at least the following information:

1)

The applicants full name, address, and telephone number;

2)

A description of the property to be rezoned (if applicable);

3)

Applicant's interest in the property subject to rezoning (if applicable);

4)

The type of rezoning or amendment requested;

5)

A typed list of all the owners of the property, and all adjacent property owners, as determined by the real property tax maps of the Carteret County Tax Office, within one hundred feet (100') of the boundary lines of all properties requesting to be rezoned;

6)

If the proposed change would require a change in the zoning map, an accurate diagram of the property proposed for rezoning showing:

a)

All adjoining property lines with dimensions;

b)

A North arrow and a scale;

c)

All adjoining streets with rights of way and paving widths;

d)

The location of all structures on the subject property;

e)

The use of the property; and

f)

The zoning classification of all abutting properties.

7)

A statement as to whether or not the proposed zoning amendment is consistent with the Town of Indian Beach Core Land Use Plan; and,

8)

A statement as to how the proposed zoning amendment will promote the public health, safety, or general welfare of the community.

Unless initiated by the planning board, all proposed amendments to this Ordinance, including those initiated by the BOC and any of its departments or agencies, shall be submitted to the planning board for review and recommendation. The application will be considered at the first planning board meeting occurring at least fifteen working days after the application is filed in complete form with the Town Manager. The planning board shall have thirty-one days from its initial meeting to consider the application to submit a recommendation to the BOC. If the planning board fails to submit a recommendation within this time period, it shall be assumed the planning board is recommending approval of the application.

(a)

A public hearing shall be held by the BOC before the adoption of any proposed amendment to this Ordinance or Zoning Map. Notice of the public hearing shall be published once a week for two successive calendar weeks in a newspaper having general circulation in Town. The notice shall be published the first time not less than ten days or not more than twenty-five days before the date of the hearing. In computing such period, the day of publication is not to be included but the day of hearing shall be included.

(c)

Whenever the BOC will conduct a public hearing on a zoning map amendment, the owner of the parcel of land subject to a rezoning application as shown on the county tax listings, and the owners of all parcels of land as shown on the county tax listings abutting or adjacent to the parcel of land within one hundred feet (100') of the rear, either side, or those directly opposite thereto extending one hundred feet (100') from the street frontage of the opposite lots shall be mailed by the Town Clerk a notice of the public hearing on the proposed amendment by first class mail at the last address listed for such owners on the county tax abstracts. This notice must be deposited in the mail at least ten days but not more than twenty-five days prior to the date of the public hearing. The person or persons mailing such notice shall certify to the BOC the proper notice has been provided and such certificate shall be deemed conclusive in the absence of fraud.

(d)

If the zoning map amendment directly affects more than fifty properties owned by a total of at least fifty different property owners, in lieu of the first class mail notice required under subsection (c) of this section, the Town may issue a notice pursuant to N.C.G.S. 160A-364.

(e)

Within ten working days after an application for rezoning of a specific parcel of land is filed with the Town's Planning and Inspections Department, the Town shall cause a sign at least eighteen inches by twenty-four inches (18"x24") in dimension to be located on or adjacent to the property subject to the rezoning application. The sign should be sufficiently conspicuous in terms of location and content to provide reasonably adequate notice to potentially interested persons of the matter which will appear on the board's agenda at the specified date and time. The sign shall include the following message:

NOTICE

This property is subject to a zoning hearing.

Contact Town Hall for more information at 252-247-3344.

Such sign may include additional information deemed relevant by the Town Manager. If more than one contiguous lot or parcels of land are proposed for rezoning, the Town may nonetheless post only one sign.

Any petition for an amendment to this Ordinance may be withdrawn prior to the public hearing by the person initiating such request, upon written notice to the Town Manager.

If the applicant withdraws his application following the recommendation of the planning board, the Town shall not accept any other application for the same change of zoning affecting the same property or any portion thereof, until the expiration of six months from the date of such withdrawal. Also, when the BOC denies any application for the change of any zoning district, the Town shall not accept any other application for the same change of zoning affecting the same property or any portion thereof, until the expiration of six months from the date of such previous denial.

A cause of action as to the validity of any ordinance, or amendment thereto, adopted under this Ordinance or other applicable law, shall accrue upon adoption of the ordinance, or amendment thereto, within the time prescribed for such action in the North Carolina General Statutes.