(a)

Amendments to the text of this land use ordinance, specifically including zoning map amendments, shall be made in accordance with the provisions of this article.

(b)

The term "zoning map amendment" shall refer to an amendment that addresses a zoning regulation, or the boundaries of a zoning district.

(Ord. No. 22-051, § 39, 12-13-22)

(a)

Whenever a request to amend this ordinance is initiated by the board of aldermen, the planning staff shall review the request and forward it to the planning and zoning board for its review and recommendations. Such recommendations, along with a draft of an appropriate ordinance prepared by the city attorney in consultation with the planning staff, shall then be forwarded to the board of aldermen and considered by that board in a public hearing on a date established in accordance with the board of aldermen's submission consideration schedule.

(b)

Whenever a request to amend this ordinance is initiated by a city department head, board, or commission, other than the board of aldermen, the planning staff shall review the request and forward it to the board of aldermen for their review and consideration in accordance with the procedures outlined in subsection (a) of this section.

(c)

A petition for a zoning map amendment may be initiated by the board of aldermen, the planning and zoning board, a city department head, or the owner or authorized agent of the subject property. The petition shall be filed with the zoning administrator and shall include, among the information deemed relevant by the development services department:

(1)

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

(2)

The name, address, and phone number of the property owner, if different from applicant, along with written confirmation of owner consent to the rezoning request;

(3)

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

(4)

A description of the proposed map change or a summary of the specific objective of any proposed change in the text of this ordinance; and

(5)

A concise statement of the reasons why the petitioner believes the proposed amendment would be in the public interest.

The applicant shall pay the filing fee as established from time to time by the board of aldermen and set forth and maintained in the city schedule of fees and charges to the zoning administrator or his designee at the time the application is submitted to city staff.

(d)

Upon receipt of a petition as provided in subsection (c), the zoning administrator or his designee shall ensure that the application is complete and shall proceed with the notification of the property owners within 100 feet and the scheduling of the zoning amendment request with the planning and zoning board. In cases involving planning and zoning board review, the completed application must be received by the zoning administrator no less than 14 days prior to the scheduled meeting of the planning and zoning board.

(Ord. No. 22-051, § 39, 12-13-22)

(a)

Amendments. All proposed amendments to this ordinance shall be submitted to the planning and zoning board for review and comment. If no written report is received from the planning and zoning board within 45 days of referral of the amendment to that board, the board of aldermen may act on the amendment without the planning and zoning board report. The board of aldermen is not bound by the recommendations, if any, of the planning and zoning board.

(b)

Plan consistency. When conducting a review of proposed zoning text or map amendments pursuant to this section, the planning and zoning board shall advise and comment on whether the proposed action is consistent with the city's land use 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 board of aldermen 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 city's land use plan shall not preclude consideration or approval of the proposed amendment by the board of aldermen. If a zoning amendment qualifies as a "large-scale rezoning" under section 15-400(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.

(c)

Separate board required. Notwithstanding the authority to assign duties of the planning and zoning board to the board of aldermen as provided by G.S. ch. 160D, the review and comment required by this section shall not be assigned to the board of aldermen and must be performed by a separate board.

(Ord. No. 22-051, § 39, 12-13-22)

Before adopting, amending, or repealing any provision of this ordinance, the board of aldermen 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.

(Ord. No. 22-051, § 39, 12-13-22)

In addition to the published notice requirements of section 15-399, the following shall apply to zoning amendments:

(a)

Mailed notice. 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 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 amendments. The first-class mail notice required under subsection (a) of this section shall not be required if the zoning 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 (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 (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 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. 22-051, § 39, 12-13-22)

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 city clerk at least two business days prior to the proposed vote on such change, the city clerk shall deliver such written statement to the board of aldermen. If the proposed change is the subject of a quasi-judicial proceeding under G.S. 160D-705 or any other statute, the city 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 board of aldermen shall not disqualify any member of the board of aldermen from voting.

(Ord. No. 22-051, § 39, 12-13-22)

State Law reference— G.S. 160D-603.

(a)

At the conclusion of the public hearing on a proposed amendment, the board of aldermen 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 board of aldermen 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)

In deciding whether to adopt a proposed amendment to this ordinance, the central issue before the board of aldermen is whether the proposed amendment advances the public health, safety or welfare. All other issues are irrelevant, and all 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 board of aldermen 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 board of aldermen 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 board of aldermen 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. 22-051, § 39, 12-13-22)

(a)

Plan consistency. When adopting or rejecting any zoning text or map amendment, the board of aldermen shall approve a brief statement describing whether its action is consistent or inconsistent with the city's land use plan. The requirement for a plan consistency statement may also be met by a clear indication in the minutes of the board of aldermen that at the time of action on the amendment the board of aldermen was aware of and considered the planning board's recommendations and any relevant portions of the city's land use plan. If a zoning map amendment is adopted and the action was deemed inconsistent with the adopted plan, the zoning amendment has the effect of also amending any future land use map in the approved plan, and no additional request or application for a plan amendment is 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 G.S. 160D-602(b), the board of aldermen 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 board of aldermen. 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. 160D-602(b), the board of aldermen 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.

(Ord. No. 22-051, § 39, 12-13-22)