The town council may amend, supplement, or change this article and zoning district lines according to the procedures of this division.

(Code 2002, § 18-241; Ord. of 1-5-1993, art. X)

The following actions shall be taken by the applicant:

(1)

Initiation of amendments. Proposed changes may be initiated by the town council, planning board, board of adjustment, zoning administrator, by one or more owners or lessees of property within the area proposed to be changed or affected, or by any resident of the town.

(2)

Application. An application for any change shall clearly and fully describe the change requested. Such application shall be filed not later than three weeks prior to the meeting of the planning board at which the application is to be considered.

(3)

Fee. A fee set from time to time, and a schedule of such fees as established, shall be paid to the town for each application for a change to cover the costs of advertising and other administrative expenses.

(Code 2002, § 18-242; Ord. of 1-5-1993, art. X, § 1)

The following actions shall be taken by the planning board:

(1)

Planning board consideration. The planning board shall make written recommendation addressing plan consistency to the town council at its next regular meeting concerning each proposed zoning amendment.

(2)

Time limits of reconsideration. No new petition for the same change in zoning of the same property or any part of such property shall be accepted within six months from the date of the filing of the last petition. However, the planning board shall reserve the right to waive the requirement, providing that the planning board determines that unusual circumstances or unnecessary hardships warrant a waiver.

(3)

Planning board member participation. Planning board members who stand to directly financially benefit from a decision made by the board are prohibited from voting on such matters as they pertain to zoning amendments.

(Code 2002, § 18-243; Ord. of 1-5-1993, art. X, § 2; Ord. No. 2006-01, § A), 8-8-2006)

The following actions shall be taken by the town council:

(1)

Town council consideration. The town council shall consider changes to this article at the next regularly scheduled meeting of the town council following public notice.

(2)

Notice of public hearing.

a.

No amendment shall be adopted by the town council until after public notice and hearing.

b.

Notice of public hearing shall be published in a newspaper of general circulation in the town at least once each week for two successive weeks prior to the hearing. Notice must also be made by sending notices by first class mail to the owners of all parcels of land abutting that parcel considered for rezoning as shown on the county tax listing.

c.

Subsection (2)b of this section does not apply in the case of a total rezoning of all property within the corporate boundaries of the town unless the rezoning involves zoning of parcels of land to less intense use or "down zoning," in which case notification to owners of those parcels shall be made in accordance with this section.

(3)

Town council action. Before taking such lawful action as it may deem advisable, the town council shall consider the planning board's recommendations on each proposed zoning amendment. This recommendation will contain all reasons considered in the deliberations of the planning board. The town council may, before rejecting a recommendation of the planning board regarding a request for amendment to this article, discuss the recommendation at a joint meeting with the planning board. Such joint meetings between the town council and the planning board will be held at the beginning of the first regular meeting of the planning board following the meeting of the town council at which the recommendation was first considered.

(4)

Town councilmember participation. Town councilmembers who stand to directly financially benefit from a decision made by the board are prohibited from voting on such matters as they pertain to zoning amendments.

(Code 2002, § 18-244; Ord. of 1-5-1993, art. X, § 3; Ord. No. 2006-01, § B), 8-8-2006)

(a)

Site-specific development plans unaffected by amendments. Amendments made to this article or map do not affect site-specific development plans that have been vested under the vesting procedures described in this section.

(b)

Establishment of a zoning vested right.

(1)

A zoning vested right shall be deemed established upon the valid approval, or conditional approval, by the town council or board of adjustment, as applicable, of a site-specific development plan, following notice and public hearing.

(2)

The approving authority may approve a site-specific development plan upon such terms and conditions as may reasonably be necessary to protect the public health, safety and welfare.

(3)

Notwithstanding subsections (a) and (b) of this section, approval of a site-specific development plan with the condition that a variance be obtained shall not confer a zoning vested right unless and until the necessary variance is obtained.

(4)

A site-specific development plan shall be deemed approved upon the effective date of the approval authority's action or related ordinance.

(5)

A zoning vested right is not a personal right but shall attach to and run with the specific development plan, and all successors to the original landowner shall be entitled to exercise such right while applicable.

(c)

Approval procedures.

(1)

In order for a zoning vested right to be established upon approval of a site-specific development plan, the applicant must indicate at the time of application, on a form to be provided by the town, that a zoning vested right is being sought.

(2)

Each map, plan, site plan or other document evidencing a site-specific development plan shall contain the following notation: "Approval of this plan establishes a zoning vested right under G.S. 160D-108.1. Unless terminated at an earlier date, the zoning vested right shall be valid until (date)."

(3)

Following approval or conditional approval of a site-specific development plan, nothing in this section shall exempt such a plan from subsequent reviews and approvals to ensure compliance with the terms and conditions of the original approval, provided that such reviews and approvals are not inconsistent with the original approval.

(4)

Nothing in this section shall prohibit the revocation of the original approval or other remedies for failure to comply with applicable terms and conditions of the approval or this article.

(d)

Duration.

(1)

A zoning right that has been vested as provided in this section shall remain vested for a period of two years. This vesting shall not be extended by any amendments or modifications to a site-specific development plan unless expressly provided by the approval authority at the time the amendment or modification is approved.

(2)

Upon issuance of a building permit, the expiration provisions of G.S. 160D-403 and the revocation provisions of G.S. 160D-403 shall apply, except that a building permit shall not expire or be revoked because of the running of time while a zoning vested right under this section is outstanding.

(e)

Termination. A zoning right that has been vested as provided in this section shall terminate as follows:

(1)

At the end of the applicable vesting period with respect to buildings and uses for which no valid building permit applications have been filed;

(2)

With the written consent of the affected landowner;

(3)

Upon findings by the town council, by ordinance after notice and public hearing, that natural or manmade hazards on or in the immediate vicinity of the property, if uncorrected, would pose a serious threat to the public health, safety and welfare if the project were to proceed as contemplated in the site-specific development plan;

(4)

Upon payment to the affected landowner of compensation for all costs, expenses and other losses incurred by the landowner, including, but not limited to, all fees paid in consideration of financing, and all architectural, planning, marketing, legal and other consultant's fees incurred after approval by the town, together with interest at the legal rate until paid; compensation shall not include any diminution in the value of the property which is caused by such action;

(5)

Upon findings by the town council, by ordinance after notice and a hearing, that the landowner or his representative intentionally supplied inaccurate information or made material misrepresentations which made a difference in the approval by the approval authority of the site-specific development plan; or

(6)

Upon the enactment or promulgation of a state or federal law or regulation that precludes development as contemplated in the site-specific development plan, in which case the approval authority may modify the affected provisions, upon a finding that the change in state or federal law has a fundamental effect on the plan, by ordinance after notice and a hearing.

(Code 2002, § 18-245; Ord. of 1-5-1993, art. X, § 4)

The zoning administrator shall keep a record of all text amendments to provisions of this article which involve regulations, standards, or procedures regarding the public water supply watershed as defined in section 18-112(m). Copies of all such amendments shall, upon adoption, be provided to the supervisor of the classification and standards group, water quality section, state division of environmental management. Under no circumstances shall an amendment be adopted which would cause this article to violate the public water supply watershed rules as adopted by the state environmental commission.

(Code 2002, § 18-246; Ord. of 1-5-1993, art. X, § 5)

(a)

There are circumstances in which a general zoning district designation allowing a use by right would not be appropriate for a particular property even though the use itself could, if properly planned, be appropriate for the property. The review process established in this section provides for the accommodation of such uses by a reclassification of property into a special use district, subject to specific conditions which ensure compatibility of the use with the use and enjoyment of neighboring properties.

(b)

The special use district approval process is established to address those situations when a particular use may be acceptable but the general zoning district which would allow that use would not be acceptable. It allows the town council to approve a proposal for a specific use with reasonable conditions to ensure the compatibility of the use with surrounding properties. Any use permitted under this process must also conform to the development regulations for the corresponding general zoning district. This is a voluntary procedure which is intended for firm development proposals. It is not intended or suited for securing early zoning for tentative proposals which may not be undertaken for some time. Uses which may be proposed and considered for a special use district shall be restricted to those uses permitted in the underlying general zoning district either by right or by special use permit. If the proposed use is one allowed by special use permit, it shall be reviewed and approved by the town council. Approval of a petition for special use district zoning shall result in the zoning classification's being changed to the requested special use district designation and the issuance of a special use permit.

(c)

No special use district shall be established until after the person proposing the district has submitted a petition for the reclassification of property and the town council has approved such petition in accordance with the procedures delineated in sections 18-245 through 18-247. Every petition for the reclassification of property to a special use district shall be accompanied by a site plan containing the requisite information specified and by an application for a special use permit. In the course of evaluating the proposed use, the town council may request additional information deemed appropriate to provide a complete analysis of the proposal.

(d)

The town council may approve the reclassification of property to a special use district only upon determining that the proposed use will meet all standards and requirements in this article that are applicable to the proposed use. In approving a petition for the reclassification of property to a special use district, the planning board may recommend, and the town council may attach, reasonable and appropriate conditions to approval of the petition. Any such conditions should relate to the relationship of the proposed use to surrounding property, proposed support facilities such as parking areas, driveways, pedestrian and vehicular circulation systems, screening and buffer area, the timing of development, road and right-of-way improvements, water and sewer improvements, stormwater drainage, the provision of open space, and other matters that the town council may find appropriate or that the petitioner may propose. Such conditions to approval of the petition may include dedication of any rights-of-way or easements for roads, water, sewer or other public utilities necessary to serve the proposed development. Such conditions shall not include architectural review or controls. The petitioner shall have a reasonable opportunity to consider and respond to any such conditions prior to final action by the town council.

(e)

If a petition is approved under this section, the district that is established, the approved petition, the approved special use permit, and all conditions which may have been attached to the approval are binding on the property as an amendment to this article and to the zoning map. All subsequent development and use of the property shall be in accordance with the standards for the approved special use district, the approved petition and all conditions attached to the approval. Only those uses and structures indicated in the approved petition and site plan shall be allowed on the subject property. Any development in the district shall comply with all provisions of and conditions to the approved petition and site plan. Any uses and structures on the subject property shall also comply with all standards and requirements for development in the underlying general zoning district.

(f)

Following the approval of the petition for a special use district, the subject property shall be identified on the zoning map by the appropriate district designation. A special use district shall be identified by the same designation as the underlying general zoning district followed by the letters "SU." An accompanying special use permit shall be issued to the applicant upon approval of the petition.

(g)

Except as provided in subsection (h) of this section, changes to the approved petition or to the conditions attached to the approval shall be treated the same as amendments to this article or to the zoning map and shall be processed in accordance with the procedures in this division.

(h)

Minor changes in the detail of the site plan which will not alter the basic relationship of the proposed development to surrounding properties or the standards and requirements of this article or to any conditions attached to the approval may be approved by the zoning administrator without going through the amendment process or a public hearing. The zoning administrator, at his discretion, may forward any application for changes in detail to the town council for its consideration as an amendment to this article or the zoning map. The applicant may appeal the decision of the zoning administrator to the board of adjustment for review and decision as to whether an amendment to the approved district shall be required.

(i)

It is intended that property shall be reclassified to a special use district only in light of firm plans to develop the property. Therefore, from the date of approval of the petition, the zoning administrator shall periodically examine the progress made toward developing the property in accordance with the approved petition and any conditions attached to the approval. If the zoning administrator determines that construction has not commenced or is not in accordance with the approved petition, site plan, special use permit and conditions, the zoning administrator shall either initiate a reclassification of the property in accordance with the procedures established in this division or shall forward a report to the town council recommending that the property be reclassified to the original zoning district or to another district.

(j)

After a certificate of occupancy has been issued for the development approved as a special use district, the zoning administrator shall periodically inspect the use and maintenance of the subject property to ensure continued compliance with this article, the approved petition and site plan, and any conditions attached by the town council to approval of the plan.

(Code 2002, § 18-247; Ord. of 1-5-1993, art. X, § 6; Ord. of 8-13-1996)