A petition for a zoning amendment may be initiated by the City Council, the Planning Board, any department or agency of the City, or the owner of any property within the zoning jurisdiction of Morehead City, North Carolina.

(Ord. No. 2025-O-04, 1-14-2025)

A fee to be set by the City Council shall be paid to the City for each application for an amendment to this Ordinance to cover the costs of advertising and other administrative expenses involved.

(Ord. No. 2025-O-04, 1-14-2025)

Any application for an amendment to this Ordinance shall be filed with the Administrator of this Ordinance at least twenty-eight (28) calendar days prior to the date on which it is to be introduced to the Planning Board. Subject to the length of the agenda and complexity of the application, late submittals may be placed on the meeting agenda with the approval of the Land Use Administrator. The Administrator of this Ordinance shall be responsible for presenting the application to the Planning Board. Each application shall be signed and shall contain at least the following information:

24-3.1 The applicant's name in full, applicant's address, and description of the property to be rezoned;

24-3.2 Applicant's interest in the property and type of rezoning or amendment requested;

24-3.3 If the proposed change would require a change in the Zoning Map, an accurate diagram of the property proposed for rezoning showing:

(A)

All adjoining property lines with dimensions and north arrow;

(B)

Adjoining streets with rights-of-way and paving widths;

(C)

The location of all structures;

(D)

The use of all land;

(E)

Zoning classification of all abutting zoning districts.

(A)

Zoning Amendments. All proposed amendments to this Ordinance or Zoning Map shall be submitted to the Planning Board for review and comment. If no written report is received from the Planning Board within 45 days of referral of the amendment to that board, the City Council may act on the amendment without the Planning Board report. The City Council is not bound by the recommendations, if any, of the Planning Board.

(B)

Plan Consistency. When conducting a review of proposed zoning text or map amendments pursuant to this section, the Planning Board shall advise and comment on whether the proposed action is consistent with the Morehead City Land Use Plan that has been adopted and any other officially adopted plan that is applicable. The Planning Board shall provide a written recommendation to the City Council that addresses plan consistency and other matters as deemed appropriate by the Planning Board, but a comment by the Planning Board that a proposed amendment is inconsistent with the Morehead City Land Use Plan shall not preclude consideration or approval of the proposed amendment by the City Council. If a Zoning Map amendment qualifies as a "large-scale rezoning" under Section 24-7(B), the Planning 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.

(C)

Separate Board Required. Notwithstanding the authority to assign duties of the Planning Board to the City Council as provided by Chapter 160D, the review and comment required by this section shall not be assigned to the City Council and must be performed by a separate board.

Before adopting, amending, or repealing any provision of this Ordinance, the City Council shall hold a legislative hearing. A notice of the hearing shall be given once a week for two successive calendar weeks in a newspaper having general circulation in the area. The notice shall be published the first time not less than 10 days nor more than 25 days before the date scheduled for the hearing. In computing such period, the day of publication is not to be included but the day of the hearing shall be included.

No amendment to this Ordinance or the Zoning Map of Morehead City 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 City. For purposes of this prohibition, "down-zoning" means a zoning ordinance that affects an area of land in one of the following ways: (a) by decreasing the development density of the land to be less dense than was allowed under its previous usage, or (b) 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. No. 2025-O-04, 1-14-2025)

(A)

When adopting or rejecting any zoning text or map amendment, the City Council shall approve a brief statement describing whether its action is consistent or inconsistent with the Morehead City Land Use Plan. The requirement for a plan consistency statement may also be met by a clear indication in the minutes of the City Council that at the time of action on the amendment the City Council was aware of and considered the Planning 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. 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 Section 24-7(B), the City Council 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.

(B)

Additional Reasonableness Statement for Rezonings. 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 City Council. 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 Section 24-7(B), the City Council statement on reasonableness may address the overall rezoning.

(C)

Single Statement Permissible. The statement of reasonableness and the plan consistency statement required by this section may be approved as a single statement.

In addition to the published notice requirements of Section 24-5 herein, the following shall apply to Zoning Map amendments:

(A)

Finding; Purpose; Authorization. The owners of affected parcels of land and the owners of all parcels of land abutting that parcel of land shall be mailed 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 10 but not more than 25 days prior to the date of the hearing.

(B)

Optional Notice for Large-Scale Zoning Map Amendments. The first-class mail notice required under Subsection (A) of this section shall not be required if the Zoning Map amendment proposes to change the zoning designation of more than 50 properties, owned by at least 50 different property owners, and the City elects to use the expanded published notice provided for in this Subsection. In this instance, the City may elect to make the mailed notice provided for in Subsection 24-7(A) of this section or, as an alternative, elect to publish notice of the hearing as required by G.S. 160D-601, provided that each advertisement shall not be less than one-half of a newspaper page in size. The advertisement shall only be effective for property owners who reside in the area of general circulation of the newspaper that publishes the notice. Property owners who reside outside of the newspaper circulation area, according to the address listed on the most recent property tax listing for the affected property, shall be notified according to the provisions of Subsection 24-7(A) of this section.

(C)

Posted Notice. When a Zoning Map amendment is proposed, the City shall 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 City shall post sufficient notices to provide reasonable notice to interested persons.

(Ord. No. 2025-O-04, 1-14-2025)

If any resident or property owner in the City submits a written statement regarding a proposed amendment, modification, or repeal to a zoning regulation, including a text or map amendment, to the clerk to the City Council at least two business days prior to the proposed vote on such change, the clerk to the Board shall deliver such written statement to the City Council. If the proposed change is the subject of a quasi-judicial proceeding under G.S. 160D-705 or any other statute, the clerk shall provide only the names and addresses of the individuals providing written comment, and the provision of such names and addresses to all members of the City Council shall not disqualify any member of the City Council from voting.

(Ord. No. 2025-O-04, 1-14-2025)

Any petition for an amendment to this Ordinance may be withdrawn up to two (2) weeks prior to the legislative hearing by the person initiating such a request, upon written notice to the City Manager.

If the applicant withdraws his application following the recommendation of the Planning Board, the City shall not thereafter accept any other application for the same change of zoning affecting the same property, or any portion thereof, until the expiration of six (6) months from the date of such previous withdrawal; or when the City Council shall have denied any application for the change of any zoning district, the City shall not thereafter accept any other application for the same change of zoning affecting the same property, or any portion thereof, until the expiration of six (6) months from the date of such previous denial.

(Ord. No. 2025-O-04, 1-14-2025)