Applications to change, supplement or amend this ordinance may be initiated by:

(1)

Textual amendment:

a.

The city council;

b.

The board of planning and adjustment;

c.

Anyone who owns property or resides in the area of jurisdiction of this ordinance or the agent of such person.

(2)

Map amendment:

a.

The city council;

b.

The board of planning and adjustment;

c.

Initiated by the owner or authorized agent of the owner of the rezoning.

(Ord. No. 06-2021-ORD12, § 1(Exh. 1), 6-21-21)

All applications for amendments to this ordinance shall be in writing, signed and filed with the planning department.

Proposed text amendments shall be routed first to the public safety committee of the city council for review and comment as set forth below, and proposed map amendments shall be routed first to the board of planning and adjustment.

Before scheduling any amendment for review of a proposed text amendment by the city council committee or before scheduling a review of a map amendment by the board of planning and adjustment, the planning department shall ensure that the application contains all of the required information as specified in this ordinance and on the application form. Applications which are not complete, or otherwise do not comply with the provisions of this ordinance, shall not be scheduled by the planning department, but shall be returned to the applicant with a notation of the deficiencies in the application.

Completed applications shall be received a minimum of 25 days prior to review by the board of adjustment or the public safety committee of the city council in the case of a text amendment.

All applications for map amendments shall contain, as a minimum, a description of the proposed change, and, if it would require a change of the zoning maps and not a text amendment, the following:

(a)

A map drawn to a scale of not less than 400 feet to the inch and not more than 20 feet to the inch showing that land covered by the proposed amendment.

(b)

A metes and bounds description of the area proposed to be changed.

(c)

The names and addresses of all the property owners included in the change as shown on the latest tax list.

(d)

The names and addresses of all adjoining property owners, including across any street, as shown on the latest tax list.

Any application requesting a change to a conditional zoning district shall be accompanied by an application showing the use or uses proposed and any conditions being proposed by the applicant.

Such fees that are established by the city council shall be paid to the city at the time any application for amendment is submitted.

After the public safety committee of the city council has reviewed a proposed text amendment, the application and the comments of the committee, if any, shall be returned to the planning department. The applicant shall be permitted to amend or withdraw said application at the sole discretion of the applicant, and to receive a full refund of the filing fee should the application be withdrawn. Should the applicant determine to pursue the amendment without any recommended changes, the applicant shall be permitted to do so. Unless the proposed amendment is withdrawn, the application shall next be considered by the board of planning and adjustment, and then in turn by the city council.

In no case shall a text amendment be considered at the same time as the application of that proposed text amendment to a particular parcel to a particular property in a rezoning application.

(Ord. No. 11-2018-ORD20, Exh. A, 11-19-18; Ord. No. 06-2021-ORD12, § 1(Exh. 1), 6-21-21)

The planning director shall present any properly completed application for amendment to the board of planning and adjustment at its next regularly scheduled meeting occurring at least 25 days after filing of such application with the planning department. The board of planning and adjustment shall hold a public hearing on the proposed amendment in accordance with its rules of procedure. The planning director shall cause public notice to be made during the time period running from 25 days prior to hearing pursuant of G.S. 160D-602(c). A request for a change in a development regulation related to G.S. ch. 160D under the jurisdiction of the City of Thomasville requires a notice of the proposed request be provided to the general public if a text amendment and, to the owner of the parcel, owners of all parcels adjoining, contiguous or separated from the subject property by street, railroad, or other transportation corridor as shown on the county tax maps for parcel specific development regulation amendments.

The board of planning and adjustment shall either recommend in favor of an amendment or in opposition to an amendment by simple majority vote of those present and voting. The board may also propose conditions to their recommendation. A tie vote on a proposal shall be considered to be in opposition to such amendment. If the board of planning and adjustment should fail to act on any proposed amendment within 45 days after it is presented to the board such failure to act shall be considered to be a favorable recommendation for the purposes of this procedure.

Any proposed amendment which fails to receive a favorable recommendation from the board of planning and adjustment shall be considered to be denied unless a person who has the authority to initiate that type of proposal in accordance with section 1 of this article appeals such denial within ten days of such board action. Such appeal shall be in writing requesting the city council to hold a public hearing on the matter and shall be filed with the planning department.

(Ord. No. 06-2021-ORD12, § 1(Exh. 1), 6-21-21)

The planning director shall present any proposed amendments that have received favorable recommendations and any proposed amendments as have been appealed to the city council at its next regular scheduled meeting at which it hears zoning amendment proposals. The planning director shall transmit to the city council such information from the action of the board of planning and adjustment as in his opinion constitutes the board's record on the proposed amendments.

The city council shall take such lawful action on such proposals as it may deem advisable provided that no zoning amendment shall be adopted until after a public hearing shall have been held and public notice given as required by law.

(Ord. No. 06-2021-ORD12, § 1(Exh. 1), 6-21-21)

In granting a special use permit, the city council shall make the following affirmative findings:

(a)

The use requested is among those listed as an eligible special use in the district in which the subject property is located or is to be located;

(b)

That the special use will not materially endanger the public health or safety if located where proposed and developed according to the plan as proposed;

(c)

That the special use meets all required conditions and specifications;

(d)

That the special use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity; and

(e)

That the location and character of the special use if developed according to the plan as proposed will be in harmony with the area in which it is to be located and in general conformity with the plan of development of Thomasville and its environs.

In granting a special use permit, the city council may impose such additional restrictions and requirements upon such permit as it may deem necessary in order that the purpose and intent of this ordinance are served, public welfare secured and substantial justice done. If all requirements and conditions are accepted by the applicant, the city council shall authorize the issuance of the special use permit; otherwise the permit shall be denied.

Any special use permit so authorized shall be perpetually binding upon the property included in such permit unless subsequently changed or amended by the city council, as provided for in this article.

Final plans for any development to be made pursuant to any special use permit shall be submitted to the board of planning and adjustment for review in the same manner as other development plans are now required to be approved by the board. In approving such final plans, the board of planning and adjustment may modify the requirements or conditions of such special use permit where in the opinion of the board such modification will result in equal or better performance and provided that the objective and purpose of the requirements and conditions of the special use permit are maintained. Any changes or modifications will need to be agreed to in writing by the permit applicant.

In granting modifications the board of planning and adjustment may require such conditions as will secure the objectives of the requirements or conditions modified. Any violation of a term or condition of a special use permit shall be treated the same as a violation of this ordinance and shall be subject to the same remedies and penalties as any such violation.

The city council may change or amend any special use permit, after a public hearing upon recommendation by the board of planning and adjustment and subject to the same consideration as provided for in this article for the original issuance of a special use permit.

No proposal to amend or change any special use permit shall be considered within 12 months of the date of the original authorization of such permit or within 12 months of hearing of any previous proposal to amend or change any such permit.

(Ord. No. 06-2021-ORD12, § 1(Exh. 1), 6-21-21)

No application for the same zoning district applicable to the same property or any part thereof shall be filed until the expiration of six months from:

(a)

The date of final determination by the city council; or

(b)

The date of denial if not appealed within ten days of nonfavorable action by the board of planning and adjustment; or

(c)

The date of the public hearing or scheduled public hearing before the board of planning and adjustment if such application is withdrawn later than 19 days prior to such public hearing. Applications withdrawn in writing prior to that time may be resubmitted without waiting six months. Fees submitted for withdrawn cases shall not be refundable.

No amendment to zoning regulations or a zoning map that down-zones property shall be initiated by a third party, 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:

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. No. 06-2021-ORD12, § 1(Exh. 1), 6-21-21)