Littleton City Zoning Code
AMENDMENTS
§ 153.035 INITIATION OF AMENDMENTS.
This chapter, including the official zoning map, may be amended only by the Board of Commissioners, according to the procedures of this subchapter. Proposed amendments may be initiated by the Board of Commissioners, Planning Board, or Board of Adjustment of the town. Proposed amendments to the text of this chapter may also be initiated by any resident or property owner within the jurisdiction covered by this chapter, and any property owner within the jurisdiction covered by this chapter may initiate a request for a change in the zoning classification of his or her property.
(Ord. 21- , passed - -2021)
§ 153.036 APPLICATION.
(A) Except for amendments initiated by the Board of Commissioners, Planning Board or Board of Adjustment, no proposed amendment shall be considered by the Board of Commissioners nor a public hearing held until an application containing the following information is submitted by the applicant: a statement of the present zoning regulations or district boundary; the name and signature of the applicant; and if an amendment to the zoning map is proposed, the tax parcel number of the lot proposed to be rezoned; the names and addresses of the owners of the lot in question; and the use of each adjacent property.
(B) The applicant shall provide any additional information related to the proposed amendment requested in writing by the Zoning Administrator, Planning Board, or Board of Commissioners. The Zoning Administrator shall transmit the original application to the Board of Commissioners and a copy to the Planning Board. The original application shall be filed in the office of the Zoning Administrator after consideration by the Board of Commissioners. A fee of $50 shall be paid to the town for each application not initiated by an agency of the town.
(Ord. 21- , passed - -2021)
§ 153.037 PROCEDURE FOR AMENDMENTS.
(A) No amendment shall be adopted by the Board of Commissioners until it has received a written recommendation from the Planning Board and the Board of Commissioners has held a public hearing on the amendment. The Planning Board shall consider whether the proposed action is consistent with the current comprehensive land use plan when making a comment or recommendation on plan consistency. If no written recommendation or report is provided by the Planning Board within 30 days of referral of the amendment to that board, the Board of Commissioners may proceed in its consideration of the amendment without the Planning Board recommendation or report.
(B) An amendment to this chapter may be adopted by the Board of Commissioners only by ordinance and only after the notice and public hearing requirements contained in G.S. § 160D-601 have been satisfied. A simple majority of voting Board members present at the meeting upon which the amendment is presented is required to adopt any amendment to this chapter as provided by G.S. § 160A-75. When adopting or rejecting any zoning text or map amendment, the Board of Commissioners shall approve a brief statement describing whether its action is consistent or inconsistent with the current comprehensive land use plan. The requirement for a plan consistency statement may also be met by a clear indication in the minutes of the Board of Commissioners that at the time of action on the amendment the Board was aware of and considered the Planning Board’s recommendations and any relevant portions of the comprehensive land use plan. A plan amendment and a zoning amendment may be considered concurrently. The plan consistency statement is not subject to judicial review.
(C) (1) In addition to division (B) above, a zoning map amendment may be adopted by the Board of Commissioners only after notice has been provided to affected property owners as provided by G.S. § 160D-602. If a zoning map amendment is adopted and the action was deemed inconsistent with the current comprehensive land use plan, the zoning amendment shall have the effect of also amending any future land use map in the comprehensive plan, and no additional request or application for a plan amendment shall be required. When this occurs, the Zoning Administrator shall note on the current comprehensive land use plan map any zoning map amendment that is approved that is not consistent with the comprehensive land use plan map.
(2) In addition to the consistency statement required in division (B) above, the Board of Commissioners shall also adopt a statement analyzing the reasonableness of any proposed map amendment as provided by G.S. § 160D-605(b). The statement of reasonableness and the plan consistency statement required by this section may be approved as a single statement.
(D) An amendment to zoning regulations or a zoning map that down-zones property shall be as provided by G.S. § 160D-601(d).
(Ord. 21- , passed - -2021)
§ 153.038 COMPREHENSIVE LAND USE PLAN.
The Board of Commissioners shall reasonably maintain a comprehensive land use plan that sets forth goals, policies and programs intended to guide the present and future physical, social and economic development of the town’s planning jurisdiction. Comprehensive land use plans are governed by G.S. § 160D-501.
(Ord. 21- , passed - -2021)
§ 153.039 PROTEST PETITIONS.
In cases of a protest against any proposed amendments, signed by the owners of 20% or more either of the area of the lots included in the proposed change, or of those adjacent thereto either in the rear thereof or on either side thereof, extending 100 feet therefrom or of those directly opposite thereof extending 100 feet from the street frontage of the opposite lots, the amendment shall not become effective except by favorable vote of three-fourths of all members of the Board of Commissioners.
(Ord. 21- , passed - -2021)
§ 153.040 EXTRATERRITORIAL JURISDICTION.
The Zoning Administrator shall follow the notification requirements contained in G.S. § 160D-202(d) in the event of a proposed modification to the boundary of the extraterritorial jurisdiction.
(Ord. 21- , passed - -2021)