Except as provided in this chapter, no building or structure shall be erected, reconstructed or structurally altered, nor shall any building or land be used which does not comply with all the zone regulations established by this chapter for the zone in which the building or land is located.

(Ord. 91-08, passed 11-18-91; Am. Ord. 01-02, passed 2-28-01; Am. Ord. 18-4, passed 6-14-21)

   The minimum yards and other open spaces including the intensity of use provisions contained in this chapter for each and every building erected or structurally altered after November 30, 1953 shall not be encroached upon or considered as yard or open space requirement or intensity of use requirement for any other building.

(Ord. 91-08, passed 11-18-91; Am. Ord. 01-02, passed 2-28-01; Am. Ord. 18-4, passed 6-14-21)

   Existing structures not in condominium ownership under the Unit Ownership Act of the State of North Carolina may be converted to unit ownership, provided the owner or developer shall comply with all applicable state codes, including but not limited to fire codes and building codes.

(Ord. 91-08, passed 11-18-91; Am. Ord. 01-02, passed 2-28-01; Am. Ord. 18-4, passed 6-14-21)

   (A)   The Board of Commissioners, from time to time, on its own motion or upon petition, after public notice and hearing provided by law may amend, supplement, change, modify or repeal the boundaries or regulations in this chapter or subsequently established after submitting the same to the Town Planning Board for its recommendation.

      (1)   Before adopting, amending or repealing any ordinance or development regulations, the governing board shall hold a legislative hearing in accordance with § 153.363 of this chapter.

      (2)   Before adopting or amending a zoning map change, the governing board shall hold a legislative hearing in accordance with § 153.363 of this chapter.

      (3)   When adopting or rejecting any zoning text or map amendment, the governing board shall also approve a brief statement describing whether its action is consistent or inconsistent with an adopted comprehensive plan and reasonableness of the amendment (G.S. § 160D-605).

   (B)   The Planning Board shall review and comment on all amendments to any zoning ordinance or redevelopment regulations prior to the governing board consideration. The Planning Board may hold legislative hearings as it deems necessary. The Planning Board shall review each proposed amendment to consistency with any comprehensive plan that has been adopted and any other official adopted plan that is applicable. A written recommendation to the governing board that addresses plan consistency as well as a recommendation on the proposed amendment. A recommendation by the planning board that a proposed amendment is inconsistent with the comprehensive plan shall not preclude consideration or approval of the proposed amendment by the Board of Commissioners.

   (C)   A petition for the reclassification of property or amendments to the text of these regulations or Zoning Map that has been denied in whole or in part, or approved to a classification other than the one originally requested, shall not be resubmitted within two years of the date of the Board of Commissioners’ action on the original petition, except as permitted in this subsection. However, nothing in this division can be deemed to preclude seeking a lower classification in the hierarchy of zoning districts.

   (D)   The Board of Commissioners may allow resubmission of the petition within the two- year time frame if it determines that, since the date of action on the prior petition, one or more of the following guidelines have been met:

      (1)   There has been a similar or more intensive change in the zoning district classification of an adjacent property;

      (2)   The Board of Commissioners has adopted a public policy plan, including area plan, district plan or transportation plan that changes public policy regarding how the property affected by the amendment should be developed;

      (3)   Construction or expansion of a road, waterline, sewer line or other infrastructure has occurred to serve the property and which infrastructure can accommodate the intensity of development allowed under the proposed classification; or

      (4)   There has been some other substantial change in conditions or circumstances which justifies waiver of the two-year restriction on a new petition; this shall not include a change in the ownership of the subject property or, in the case of a petition for reclassification to a conditional use or parallel conditional use district, a change in the scale or features of the development proposed in the prior petition.

   (E)   The Board of Commissioners shall receive a report from the Planning Board containing its recommendations on resubmission of the petition.

   (F)   Any petition allowed by the Board of Commissioners under division (C) of this section must be reviewed and approved in accordance with the procedures and standards required under this chapter for the review of proposed amendments.

(Ord. 91-08, passed 11-18-91; Am. Ord. 92-05, passed 5-1-92; Am. Ord. 01-02, passed 2-28-01; Am. Ord. 18-4, passed 6-14-21)

   (A)   A fee as set from time to time by the Board, plus associated procedural costs, shall be paid to the town for each application for amendment to the Zoning Map or text. Legal advertisement shall be the responsibility of the planning staff, including notification by the planning staff to adjoining property owners which is paid for by the applicant and evidenced at the required public hearing.

   (B)   A copy of the zoning amendment application is included in Appendix D, following this chapter.

(Am. Ord. 01-02, passed 2-28-01; Am. Ord. 18-4, passed 6-14-21)