Amendments to the text of this chapter or to the zoning map may be made in accordance with the provisions of this chapter.

(Ord. No. 813, § 1, 6-3-85; Ord. No. 868, 3-3-86; Ord. No. 2021.06.02 , 6-9-21)

(a)

Whenever a request to amend this chapter is initiated by the city council, the planning board, the board of adjustment, or the city administration, the city attorney in consultation with the planning staff shall draft an appropriate ordinance and present that ordinance to the planning board for review and recommendation to the council.

(b)

Any other person may also petition the council to amend this chapter. The petition shall be filed with the administrator and shall include, among the information deemed relevant by the administrator:

(1)

The name, address, and phone number of the applicant;

(2)

A description of the land affected by the amendment if a change in zoning district classification is proposed;

(3)

Stamped envelopes containing the names and addresses of all those to whom notice of the public hearing must be sent as provided in section 35-323;

(4)

A description of the proposed map change or a summary of the specific objective of any proposed change in the text of this chapter.

(c)

Upon receipt of a petition as provided in subsection (b), the administrator shall set a joint public hearing to be held before the city council/planning board at the council's next available meeting. After closing the public hearing, council shall refer the matter to the planning board for review and recommendation.

(d)

Upon receipt of a recommendation from the planning board as provided in subsection (c), the council may summarily approve or deny the petition, or may allow further comments by the petitioner or general public prior to voting.

(Ord. No. 813, § 1, 6-3-85; Ord. No. 1669, 6-8-98; Ord. No. 2021.06.02 , 6-9-21)

(a)

The planning board shall endeavor to review the proposed amendment in an expeditious manner and shall vote on its recommendation within 65 days of the amendment's being first considered by the board. If the board fails to make a recommendation within the above period, it shall be deemed to have approved the proposed amendment.

(b)

The council need not await the recommendations of the planning board before taking action on a proposed amendment, nor is the council bound by any recommendations of the planning board that are before it at the time it takes action on a proposed amendment.

(Ord. No. 813, § 1, 6-3-85; Ord. No. 2021.06.02 , 6-9-21)

(a)

No ordinance that amends any of the provisions of this chapter may be adopted until a public hearing has been held on such ordinance.

(b)

The administrator shall publish a notice of the public hearing on any ordinance that amends the provisions of this chapter once a week for two successive weeks in a newspaper having general circulation in the Lumberton area. The notice shall be published for the first time not less than ten days nor more than 25 days before the date fixed for the hearing. This period is to be computed in accordance with G.S. § 1-594, which provides that the date of publication is not counted but the date of the hearing is.

(c)

With respect to an amendment that addresses the zoning district classification of a parcel of land, the administrator shall mail written notice of the public hearing by first class mail at the last address listed on the county tax abstract to the owners as shown on the county tax listing of all properties whose zoning classification is changed by the proposed amendment as well as the owners as shown on the county tax listing of all properties any portion of which is within 150 feet of the property rezoned by the amendment. The administrator shall certify to the city council that the notice was mailed and such certificate shall be deemed conclusive in the absence of fraud.

(d)

The planning staff shall also post notices of the public hearing in the vicinity of the property rezoned by the proposed amendment and take any other action deemed by the planning staff to be useful or appropriate to give notice of the public hearing on any proposed amendment.

(e)

The notice required or authorized by this section shall;

(1)

State the date, time and place of the public hearing;

(2)

Summarize the nature and character of the proposed change;

(3)

If the proposed amendment involves a change in zoning district classification, reasonably identify the property whose classification would be affected by the amendment;

(4)

State that the full text of the amendment can be obtained from the city clerk; and

(5)

State the substantial changes in the proposed amendment may be made following the public hearing.

(f)

The planning staff shall make every reasonable effort to comply with the notice provisions set forth in this section. However, it is the council's intention that no failure to comply with any of the notice provisions (except those set forth in subsections (b) and (c)) shall render any amendment invalid.

(Ord. No. 813, § 1, 6-3-85; Ord. No. 850, 11-18-85; Ord. No. 2021.06.02 , 6-9-21)

(a)

At the conclusion of the public hearing on a proposed amendment, the council may proceed to vote on the proposed ordinance, refer it to a committee for further study, or take any other action consistent with its usual rules of procedure.

(b)

The council is not required to take final action on a proposed amendment within any specific period of time, but it should proceed as expeditiously as practicable on petitions for amendments since inordinate delays can result in the petitioner incurring unnecessary costs.

(c)

Voting on amendments to this chapter shall proceed in the same manner as other ordinances, subject to section 35-325.

(Ord. No. 813, § 1, 6-3-85; Ord. No. 2021.06.02 , 6-9-21)

In deciding whether to adopt a proposed amendment to this chapter, the central issue before the council is whether the proposed amendment advances the public health, safety or welfare. All other issues are irrelevant, and all other information related to other issues at the public hearing may be declared irrelevant by the mayor and excluded. In particular, when considering proposed minor map amendments:

(1)

The council shall not consider any representations made by the petitioner that, if the change is granted, the rezoned property will be used for only one of the possible range of uses permitted in the requested classification. Rather, the council shall consider whether the entire range of permitted uses in the requested classification is more appropriate than the range of uses in the existing classification.

(2)

The council shall not regard as controlling any advantages or disadvantages to the individual requesting the change but shall consider the impact of the proposed change on the public at large.

(Ord. No. 813, § 1, 6-3-85; Ord. No. 2021.06.02 , 6-9-21)

(a)

If a petition opposing a change in the zoning classification of any property is filed in accordance with the provisions of this section, then the proposed amendment may be adopted only by a favorable vote of three-fourths of the council membership.

(b)

To trigger the three-fourths-vote requirement, the petition must:

(1)

Be signed by the owners of 20 percent or more either of:

a.

The lots included in a proposed change; or

b.

The lots within 100 feet of either side or the rear of the tract to be rezoned; or

c.

The lots directly opposite the tract to be rezoned and extending 100 feet from the street frontage of such opposite lots.

(2)

Be in the form of a written petition actually bearing the signatures of the requisite number of property owners and stating that the signers do protest the proposed change or amendment.

(3)

Be received by the city clerk in sufficient time to allow the city at least two normal working days before the date established for a public hearing on the proposed amendment to determine the sufficiency and accuracy of the petition.

(Ord. No. 813, § 1, 6-3-85; Ord. No. 2021.06.02 , 6-9-21)