Lincolnton City Zoning Code

As used in this article, the term Amendment shall mean both a change to the official zoning map and a change to the text of this chapter unless otherwise indicated.

(Ord. of 12-2003, § 23-1(b))

The mayor and city council may from time to time, amend these regulations set forth in this chapter or the boundaries of the zoning districts established on the zoning map subject to the conditions provided in this article.

(Ord. of 12-2003, § 23-1)

1. Generally. The exercise of the zoning power by the city, including the city's authority to amend this chapter, shall constitute an effort to balance the interest of the community in promoting the public health, safety, morality and general welfare against the right of property owners to the unrestricted use of their property.
2. Compatibility of uses; preservation of value. Further, it is the policy and intent of the city to exercise the zoning power for purposes of assuring the compatibility of use of adjacent and nearby properties and the preservation of the economic value of adjacent and nearby properties while enabling a reasonable use of all property.
3. Conformity to comprehensive plan. It is further the policy of the city to exercise its zoning power in conformity with the policy and intent of the city comprehensive plan insofar as that plan is current in its application to the specific property that is the subject of the proposed amendment.

(Ord. of 12-2003, § 23-3)

1. The factors set forth in this section shall be considered by the zoning board when reviewing and making its written recommendation and by the city council when making a decision whether to approve or deny the requested amendment. These factors are determined to be relevant in balancing the interest in promoting the public health, safety, morality and general welfare against the right to the unrestricted use of the property.
2. The relevant factors to be considered by the zoning board and the city council under this section are:
   1. Whether the proposed amendment would allow a use that is generally suitable for the site compared to other possible uses and the uses and zoning of adjacent and nearby properties;
   2. Whether the proposed amendment would adversely affect the economic value or the uses of adjacent and nearby properties;
   3. Whether the property to be affected by the proposed amendment can be used as currently zoned;
   4. Whether the proposed amendment, if adopted, would result in a use which would or could cause an excessive or burdensome use of existing streets, schools, sewers, water resources, police and fire protection or other utilities; and
   5. Whether there are other conditions or transitional patterns affecting the use and development of the property sought to be rezoned, if applicable, which give ground for either approval or disapproval of the proposed amendment.

(Ord. of 12-2003, § 23-3)

No amendment shall become effective unless it shall have been initiated by the city council, the zoning, board, the property owners, an individual who has the owners' power of attorney authorizing him to act, or a request signed by 60 percent of the property owners who hold not less than 60 percent of the affected land.

(Ord. of 12-2003, § 23-1(a))

Applications proposing amendments to the text of this chapter or to the city zoning map shall be submitted in writing to the city building official on a form providing by the city, together with a fee in the amount established by the city council.

(Ord. of 12-2003, § 23-2(a))

1. No application will be accepted from any person regarding any property that is in violation of this chapter.
2. If at the time of application the property that is the subject of an amendment or any other action of the mayor and city council is found to be in violation of this chapter, the building official will not accept or process any application from that applicant until the applicant voluntarily removes or changes the cause of the violation or ceases to be in violation. The applicant must then notify the building official that he is no longer in violation and obtain a release from the building official as to the violation. Once released, the mayor and city council will then accept the application for amendment of this chapter.

(Ord. of 12-2003, § 23-2(b))

1. All proposed amendments shall be submitted to the building official, who shall then refer the proposals for amendment to the zoning board. It will study the proposed amendment and determine if it meets the standards provided in this chapter.
2. The zoning board shall submit its findings and recommendations to the mayor and city council within 30 days from the date it received the petition.
3. If the zoning board fails to submit a report within a 30-day period, it shall be deemed to have approved the requested change.

(Ord. of 12-2003, § 23-2(c))

1. At least 15 but not more than 45 days prior to the scheduled public hearing, the building official shall file a notice of public hearing which shall be published in the newspaper of general circulation in the city setting forth the time, place, and purpose of the hearing. Such notice shall indicate the nature of the change proposed, identify the property affected. The cost of such newspaper notice shall be paid by the applicant for zoning amendment.
2. When a proposed amendment affects the district classification of particular parcels of property, the building official shall place conspicuously on the property that is the subject of the amendment, not less than 15 days prior to the public hearing, a sign not less than nine feet square, with not less than three-inch black letters upon a white background. The notice to be included in the sign shall be in the form prescribed from time to time by the city council.

(Ord. of 12-2003, § 23-5)

1. Required. Before taking action on a proposed amendment, the mayor and city council shall hold a public hearing thereon.
2. Time and place. A public hearing shall be conducted at the time and place specified by the mayor and city council and as set forth in the public notice thereof.
3. Purpose. The purpose of such hearing shall be to present to the public the proposed zoning amendment, and to receive comments thereon from the public. The mayor and city council shall consider the proceedings and comments of such hearing on the proposed zoning amendment in making a final decision on whether to approve or deny the amendment application.

(Ord. of 12-2003, § 23-4)

1. The hearing shall be convened by the mayor at the time and place scheduled.
2. The mayor shall open any hearing with an explanation of the purpose of the hearing and a description of the general rules for the conduct of the hearing. The mayor or his delegate may describe the authority and role of the city council in any zoning decision.
3. The mayor shall review the procedures for holding the public hearing which shall be as follows:
   1. No person may speak until recognized by the mayor. Upon rising to speak, the person recognized must first state his name and address.
   2. The person speaking will be allowed two minutes to express opinions and make points on each separate element of the proposed zoning revisions which he wishes to address; provided, however, that no person shall speak longer than an aggregate of ten minutes.
   3. The mayor or his delegate shall allow the person initiating the proposed zoning amendment or his designee to present a description of the proposed zoning amendment and the reasons for initiating the proposed zoning amendment.
   4. The mayor or his delegate shall give persons opposed to the proposed amendment the opportunity to address the city council.
   5. Any remark amounting to attack on the character or personal integrity of another individual, or comment not factually supportable, or comment in the form of an emotional outburst, shall be non-germane to the purpose of any hearing and may be ruled out of order.
   6. Additional persons will be recognized in accordance with the procedure set forth above for the purpose of addressing additional issues and making additional points, but no speaker shall be allowed to address points which have already been thoroughly discussed.
   7. Upon conclusion of the presentation of persons opposing the proposed zoning amendment, the mayor or his delegate shall afford the person initiating the petition an allotted time to address the mayor and city council in rebuttal of any issues raised by persons addressing the city council in opposition to the proposed zoning amendment.
4. When proponents and opponents of the proposed zoning amendment have been heard in accordance with the foregoing procedures, the mayor or his delegate shall declare the public hearing closed.
5. No further public hearing on the proposed zoning amendment shall be required prior to the final determination of the city council.

(Ord. of 12-2003, § 23-6)

The zoning board's role in any zoning decision shall be advisory only. Any zoning decision shall be made by the mayor and city council, which shall either approve or disapprove the proposed zoning amendment. When the public hearing is conducted by the city council at a regular council meeting, action may be taken approving or rejecting the proposal at that meeting, or the council may table the question for consideration at its next regular meeting or a called meeting to be held no later than the next regular meeting.

(Ord. of 12-2003, § 23-7)

For a period of 12 months from the date of approval, the zoning board may submit information to the mayor and city council concerning property that has been rezoned and for which no site plan or preliminary plat or building permit has been obtained. The mayor and city council may then review such information, and if considered appropriate, initiate reversionary zoning procedures. Such reversionary procedures shall proceed in accordance with the amendment provisions of this article.

(Ord. of 12-2003, § 23-8)

If the city council shall take official action defeating a proposed zoning amendment that seeks to rezone property, the same property may not be considered again for rezoning until the expiration of 12 months from the date of the official action of the city council.

(Ord. of 12-2003, § 23-10)

Appeals from the decision of the mayor and city council regarding the adoption or disapproval of a zoning amendment shall be made in the manner provided in this chapter regarding judicial review and as provided by state law.

(Ord. of 12-2003, § 23-9)