(a)

Amendments to the text of this ordinance, any other development regulation authorized by G.S. ch. 160D, or to the zoning map shall be made in accordance with the provisions of this article.

(b)

As provided in G.S. 160D-108, land development regulations or amendments thereto shall not, without the written consent of the property owner, be applicable or enforceable when a vested right has been established prior to the enactment or amendment of the land development regulation making the change so long as the vested right applies.

(c)

The administrator shall not accept an application for an amendment on the same property more than once in a 12-month period without special approval by the town commissioners. The 12-month period shall commence on the date an amendment request is denied by the town commissioners. If an amendment request has been denied by the Planning and Zoning Board and withdrawn by the applicant prior to final action by the town commissioners, the 12-month period shall be deemed to have commenced on the date of denial by the Planning and Zoning Board. The dimensional increase or decrease of an area sought to be changed by an amendment request shall not negate this rule. Where an amendment has been applied for by a community group, charitable or governmental organization, the town commissioners or the Planning and Zoning Board and was denied or withdrawn prior to final action, applications by an individual property owner will be accepted within the 12-month period without town commissioners approval. Special approval of the town commissioners may be granted following a recommendation from the Planning and Zoning Board, for any of the following grounds:

(1)

Materially changed conditions;

(2)

Clerical error was the basis for the previous zoning district designation;

(3)

Newly discovered evidence of adverse impact of the current zoning district designation which by due diligence could not have been discovered in time for the earlier hearing; or

(4)

Substantially changed amendment request.

(Ord. of 9-14-2005, § 25.1; Ord. No. ZTA-21-02, Art. III(Pt. 60), 6-16-2021)

(a)

Whenever a request to amend this ordinance, any other development regulation authorized by G.S. ch. 160D, a comprehensive or land-use plan or the zoning map is initiated by the town commissioners, the Planning and Zoning Board, the Board of Adjustment, or the town administration, the zoning administrator in possible consultation with the town attorney shall draft an appropriate ordinance amendment. The Board of Commissioners shall set a date for a public hearing.

(b)

Any other person may also petition the town commissioners to amend this ordinance, any other development regulation authorized by G.S. ch. 160D, a comprehensive or land-use plan or the zoning map (see fee schedule). 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 legal description and a scaled map of the land affected by the amendment if a change in zoning district classification is proposed; and

(3)

A description of the proposed map change or a summary of the specific objective of any proposed change in the text of this ordinance, comprehensive or land-use plan, or other development regulation authorized by G.S. ch. 160D.

(c)

Petitions must be received at least 30 days prior to the next regularly scheduled Planning and Zoning Board meeting.

(d)

No amendment to zoning regulations or a zoning map that down-zones property shall be initiated nor is it enforceable without the written consent of all property owners whose property is the subject of the down-zoning amendment, unless the down-zoning amendment is initiated by the town. For purposes of this section, "down-zoning" means a zoning ordinance that affects an area of land in one of the following ways:

(1)

By decreasing the development density of the land to be less dense than was allowed under its previous usage.

(2)

By reducing the permitted uses of the land that are specified in a zoning ordinance or land development regulation to fewer uses than were allowed under its previous usage.

(Ord. of 9-14-2005, § 25.2; Ord. No. ZTA-21-02, Art. III(Pt. 61), 6-16-2021)

All proposed amendments to this ordinance, any other development regulation authorized by G.S. ch. 160D, a comprehensive or land-use plan or the zoning map shall be referred to the Planning and Zoning Board for review and comment. At any time on any matter the Planning and Zoning Board may call a public hearing on any matter. When conducting a review of proposed zoning text or map amendments, the Planning and Zoning Board shall advise and comment on whether the proposed action is consistent with any comprehensive plan that has been adopted and any other officially adopted plan that is applicable. The Planning and Zoning Board shall provide a written recommendation to the town commissioners that addresses plan consistency and other matters as deemed appropriate by the Planning and Zoning Board, but a comment by the Planning and Zoning Board that a proposed amendment is inconsistent with the comprehensive plan shall not preclude consideration or approval of the proposed amendment by the town commissioners. If a zoning map amendment qualifies as a "large-scale rezoning" under G.S. 160D-602(b), the Planning and Zoning Board statement describing plan consistency may address the overall rezoning and describe how the analysis and policies in the relevant adopted plans were considered in the recommendation made.

(Ord. of 9-14-2005, § 25.3; Ord. No. ZTA-21-02, Art. III(Pt. 62), 6-16-2021)

(a)

No ordinance that amends any of the provisions of this ordinance, any other development regulation authorized by G.S. ch. 160D, a comprehensive or land-use plan or the zoning map 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 ordinance, any other development regulation authorized by G.S. ch. 160D, a comprehensive or land-use plan or the zoning map once a week for two successive calendar weeks in a newspaper having general circulation in the area. The notice shall be published for the first time not less than ten days or more than 25 days before the date fixed for the hearing. In computing this period the date of publication shall not be counted but the date of the hearing shall be counted.

(c)

With respect to zoning map amendments, the administrator shall mail the owners of affected parcels of land and the owners of all parcels of land abutting that parcel of land a notice of the hearing on a proposed zoning map amendment by first-class mail at the last addresses listed for such owners on the county tax abstracts. For the purpose of this section, properties are "abutting" even if separated by a street, railroad, or other transportation corridor. This notice must be deposited in the mail at least ten but not more than 25 days prior to the date of the hearing. The town shall also prominently post a notice of the hearing on the site proposed for the amendment or on an adjacent public street or highway right-of-way. The notice shall be posted within the same time period specified for mailed notices of the hearing. When multiple parcels are included within a proposed zoning map amendment, a posting on each individual parcel is not required but the local government shall post sufficient notices to provide reasonable notice to interested persons. For large-scale zoning map amendments, the town may follow the optional mailing notice procedures under G.S. 160D-602(b).

(d)

The public notice to the newspaper and property owners required 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)

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

(4)

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

(e)

The person or persons mailing and posting notices shall certify to the town commissioners that fact.

(Ord. of 9-14-2005, § 25.4; Ord. No. ZTA-21-02, Art. III(Pt. 63), 6-16-2021)

(a)

After receiving a recommendation from the Planning and Zoning Board on a proposed amendment to this ordinance, any other development regulation authorized by G.S. ch. 160D, a comprehensive or land-use plan or the zoning map, the town commissioners may proceed to vote on the proposed ordinance amendment, refer it to a committee for further study, or take any other action consistent with its usual rules of procedure.

(b)

If no written report is received from the Planning and Zoning Board within 30 days of referral of the amendment to that board, the governing board may act on the amendment without the planning board report. The town commissioners are not bound by any recommendations of the Planning and Zoning Board that are before it at the time it takes action on a proposed amendment.

(c)

The town commissioners are required to take final action on an amendment within a reasonable time. This provision need not apply to an amendment initiated by the town itself.

(d)

Voting on amendments to this ordinance shall proceed in accordance with G.S. 160A-75 and G.S. 160D-601.

(e)

When adopting or rejecting any zoning text or map amendment, the town commissioners shall approve a brief statement describing whether its action is consistent or inconsistent with an adopted comprehensive plan. The requirement for a plan consistency statement may also be met by a clear indication in the minutes of the town commissioners that at the time of action on the amendment the town commissioners were aware of and considered the Planning and Zoning Board's recommendations and any relevant portions of an adopted comprehensive plan. If a zoning map amendment is adopted and the action was deemed inconsistent with the adopted plan, the zoning amendment shall have the effect of also amending any future land-use map in the approved plan, and no additional request or application for a plan amendment shall be required. If a plan is deemed amended by virtue of adoption of a zoning amendment that is inconsistent with the plan, that amendment shall be noted in the plan. However, if the plan is a CAMA land-use plan that requires review and approval subject to G.S. 113A-110, the plan amendment shall not be effective until that review and approval is completed. A plan amendment and a zoning amendment may be considered concurrently. The plan consistency statement is not subject to judicial review. If a zoning map amendment qualifies as a "large-scale rezoning" under G.S. 160D-602(b), the town commissioners' statement describing plan consistency may address the overall rezoning and describe how the analysis and policies in the relevant adopted plans were considered in the action taken.

(f)

When adopting or rejecting any petition for a zoning map amendment, a statement analyzing the reasonableness of the proposed rezoning shall be approved by the town commissioners. This statement of reasonableness may consider, among other factors:

(i)

The size, physical conditions, and other attributes of the area proposed to be rezoned.

(ii)

The benefits and detriments to the landowners, the neighbors, and the surrounding community.

(iii)

The relationship between the current actual and permissible development on the tract and adjoining areas and the development that would be permissible under the proposed amendment;

(iv)

Why the action taken is in the public interest; and

(v)

Any changed conditions warranting the amendment.

If a zoning map amendment qualifies as a "large-scale rezoning" under G.S. l60D-602(b), the governing board statement on reasonableness may address the overall rezoning.

(Ord. of 9-14-2005, § 25.5; Ord. No. ZTA-21-02, Art. III(Pt. 64), 6-16-2021)

Vested rights may be established, claimed, enforced, amended and may expire via the procedures established by G.S. 160D-108, 160D-108.1, and G.S. 160D-1111. If a land development regulation is amended between the time a development permit application was submitted and a development permit decision is made or if a land development regulation is amended after a development permit decision has been challenged and found to be wrongfully denied or illegal. G.S. 143-755 applies and the applicant may exercise the permitting choices provided for therein.

(Ord. of 9-14-2005, 25.8; Ord. No. ZTA-21-02, Art. III(Pt. 67), 6-16-2021)

Editor's note— Ord. No. ZTA-21-02, Art. III(Pt. 67), adopted June 16, 2021, amended, renumbered and retitled former § 25-8, "Vested rights," as § 25-6, to read as herein set out. Parts 65 and 66 of said ordinance repealed former §§ 25-6 and 25-7 which pertained to ultimate issue before town commissioners on amendments, and protests to zoning district changes, and derived from an ordinance adopted Sept. 14, 2005, § 25.7.