(A)    This zoning chapter, including the zoning map, may be amended by the Board Of Commissioners in accordance with the provisions of this subchapter.

   (B)   Proposed changes or amendments may be initiated by the Board of Commissioners, the Board of Adjustment, Planning Board, or one or more interested individuals. All proposed amendments shall be referred to the Planning Board for its review and recommendation to the Town Board of Commissioners.

   (C)   A statement analyzing the reasonableness of any proposed rezoning shall be approved by the Board of Commissioners. This statement of reasonableness may consider, among other factors: the size, physical conditions, and other attributes of the area proposed to be rezoned; the benefits and detriments to the landowners, the neighbors, and the surrounding community; 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; why the action taken is in the public interest; and any changed conditions warranting the amendment. If a zoning map amendment qualifies as a large-scale rezoning under G.S. §160D-602(b), the Board of Commissioners' statement on reasonableness may address the overall rezoning.

   (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 local government. For purposes of this section, "down-zoning" means a zoning ordinance that affects an area of land in one of the following ways: by decreasing the development density of the land to be less dense than was allowed under its previous usage; or, 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.

   (E)   If applicable, the future land use map is deemed amended when an inconsistent rezoning is approved.

(Ord. passed 4-1993; Am. Ord. passed 9-4-2007; Am. Ord. passed 6-7-2021)

   (A)    Before any action on a proposed change or amendment, an application for an amendment shall be submitted to the office of the Zoning Administrator at least ten days prior to the Planning Board's meeting at which the application is to be considered. The application shall contain the name and address of the owner of the property in question, the location of the property, and a description and/or statement of the present and proposed zoning regulation or district as shown on the application forms supplied by the town.

   (B)   In no instance shall action be initiated for a zoning amendment affecting the same parcel of property, or any part thereof, more often than once every 12 months. Any communication purporting to be an application for a change shall be regarded as mere notice to seek relief until sit is made in the form required.

(Ord. passed 4-1993; Am. Ord. passed 6-7-2021)

(Ord. passed 4-1993; Am. Ord. passed 9-4-2007; Am. Ord. passed 6-7-2021)

    Before enacting any amendment to this chapter, the Board of Commissioners shall hold a public hearing. Notice of public hearings in a newspaper of general circulation in Cherokee County, by on-site posting and/or by mail shall be in accordance with G.S. §160D-601 and §160D-602 as provided below.

(Ord. passed 4-1993; Am. Ord. passed 9-4-2007; Am. Ord. passed 6-7-2021)

   (A)    In the case of a qualified protest petition against any change in or amendment to a zoning map, a qualified protest shall be:

      (1)   Signed by the owners or 20% or more of the area included in the proposed change; or

      (2)   Five percent of a 100-foot wide buffer existing along the entire boundary of each discrete or separate area proposed to be rezoned.

   (B)   Such amendment shall not become effective except by a favorable vote of three-fourths of all members of the Board of Commissioners. Seats that are vacant and members who are recused from voting are not considered in calculation of the three-fourths majority. A petitioner may withdraw the protest at any time up to the vote on rezoning.

(Ord. passed 4-1993; Am. Ord. passed 9-4-2007; Am. Ord. passed 6-7-2021)

(Ord. passed 4-1993; Am. Ord. passed 9-4-2007; Am. Ord. passed 6-7-2021)

(Ord. passed 4-1993; Am. Ord. passed 6-7-2021)

   (A)   The Board of Commissioners shall appoint five members to serve on the Zoning Board of Adjustment for overlapping terms of three years. Initially, two members shall be appointed for one year terms, two members shall be appointed for two year terms and one member shall be appointed for a three-year term.

   (B)   The Board of Commissioners shall appoint three alternate members to serve on the Zoning Board of Adjustment in the absence of any regular member. Alternate members shall be appointed for one year terms. While attending in the capacity of a regular member, the alternate shall have and exercise all powers and duties of the absent regular member.

   (C)   The Board of Commissioners shall by appointment fill any vacancy in the membership of the Zoning Board of Adjustment. The appointee shall serve the balance of the unexpired term of the member who the appointee is replacing.

   (D)   Members of the Zoning Board of Adjustment shall serve without pay, but shall be reimbursed for any expenses incurred in pursuit or the Board's activities subject to approval by the Board of Commissioners.

   (A)   Members of the Board may be removed by the Board of Commissioners for cause, including violation of the rules stated below.

   (B)   Faithful attendance at meetings of the Board and conscientious performance of the duties required of members shall be considered a prerequisite of continuing membership on the Board.

   (C)   As stated in Section 1702.07, a member of the Board or any other body exercising quasi-judicial functions pursuant to G.S. §160D-109 shall not participate in or vote on any quasi-judicial matter in a manner that would violate affected persons' constitutional rights to an impartial decision maker. Impermissible conflicts include, but are not limited to, a member having a fixed opinion prior to hearing the matter that is not susceptible to change, undisclosed ex parte communications, a close familial, business or other associational relationship with an affected person, or a financial interest in the outcome of the matter. In addition, a member shall not participate in any zoning map or text amendment recommendation in which the member has a personal or financial interest. A Board member shall have a "financial interest" in a case when a decision will cause the Board member or related spouse to experience a direct financial benefit or loss, or will cause a business, in which the Board member or related spouse owns any interest, to experience a direct financial benefit or loss. A Board member shall have a "personal interest" in a case when it involves the immediate family, i.e. parent, spouse or child, of the Board member. Board members with a potential conflict of interest shall notify the Chair at least 48 hours prior to the hearing of any case. The Chair shall notify an alternate member that he or she needs to attend the meeting. Whenever possible, the member with the conflict shall attend the meeting to state the conflict, upon which time the alternate member shall be seated for that case. The member with the conflict shall then withdraw from the meeting while the case is being heard. Except at the election of officers, at no time shall more than five members participate officially in any meeting or hearing, including asking questions of witnesses or engaging in deliberation of the case. Only parties to a case or another member of the Board can raise an objection to a member's participation in that case. If an objection is raised to a member's participation and that member does not recuse himself or herself, the remaining members shall by majority vote rule on the objection.

   (D)   No Board member shall vote on any matters deciding an appeal or application unless the member has attended the public hearing on that appeal or application.

   (E)   No Board member shall discuss any case with any party thereto prior to the public hearing on that case; provided, however, that members may receive and/or seek factual information pertaining to the case from the Zoning Administrator, prior to the hearing.

   (F)   Members of the Board shall not express individual opinions on the proper judgment of any case with any party thereto prior to the determination of that case.

   (A)   Regular meetings of the Board shall be held in the Town Hall; provided, however, that meetings may be held at other convenient places in the town or county if directed by the Chairman in advance of the meeting.

   (B)   Emergency or special meetings of the Board may be called at any time by the Chair. At least 48 hours notice of the time and place of such meetings shall be given by the secretary or the Chairman, in writing or orally, to each member of the Board.

   (C)   A quorum shall consist of four members of the Board and shall be necessary for the transaction of any business. The Board shall not pass upon any questions relating to an appeal from a decision, order, requirement or determination of the Zoning Administrator or an application for a variance when there are fewer than four members present.

   (D)   Proxy voting shall not be permitted.

   (E)   All meetings shall be open to the public and the order of business at regular meetings shall be as follows:

      (1)   Roll Call;

      (2)   Reading of Minutes of Previous Meetings;

      (3)   Hearing Cases;

      (4)   Reports of Committees;

      (5)   Unfinished Business; and

      (6)   New Business.

      (1)   Every member desiring to speak shall address the Chair and, upon recognition by the Mayor, shall confine himself or herself to the question under debate, avoiding all personalities and indecorous language.

      (2)   A member, once recognized, shall not be interrupted when speaking, unless it be to call him or her to order or as herein otherwise provided. If a member, while speaking, be called to order, he or she shall cease speaking until the question of order be determined and, if in order, he or she shall be permitted to proceed.

   (B)   Hearings.

         (a)   The administrator or staff to the Board shall transmit to the Board all applications, reports, and written materials relevant to the matter being considered. Such administrative materials must be presented at the hearing and made part of the hearing record.

         (b)   Administrative materials may be distributed to Board members in a meeting packet in advance of the evidentiary hearing. If this is done, then the same materials must be distributed to applicant and landowner at the same time.

         (a)   The Chair or the person so directed to do so by the Chairman, shall give a preliminary statement of the case.

         (b)   Witnesses shall be sworn in.

         (c)   The applicant shall present the arguments in support of the case or application. Witnesses in favor of the applicant's request may be called and factual evidence submitted.

         (d)   Applicants and proponents may be questioned by the Board.

         (e)   Persons opposed to granting the application shall present their argument. Witnesses may be called and factual evidence submitted in opposition.

         (f)   Opponents may be questioned by the Board.

         (g)   Both sides shall be permitted to present rebuttals to opposing testimony.

         (h)   The Board may at its discretion view the premises and obtain additional facts of the matter before arriving at a determination of the case.

         (i)   Discussion of the case among Board members, leading to "findings of fact" and conclusions, with reference to ordinance.

         (j)   Motion.

   These rules may, within the limits allowed by law, be amended at any time by an affirmative vote of not less than four-fifths (4/5) of the Board, provided that such amendment is presented in writing at a meeting of the Board, preceding the meeting at which the vote is taken.

(Ord. passed 6-2-2014; Am. Ord. passed 6-7-2021)