A petition for an amendment to either this chapter of the city code or the Official Zoning Map of the city may be initiated by the City Council, the Planning Board, any department of the city, or the owner or authorized agent of the owner of any property within the zoning jurisdiction of the city that desires an amendment to either this chapter or Official Zoning Map which would affect property in which he has a vested property right recognized under existing law. No amendment to the zoning regulations or the zoning map, that down zones property, shall be initiated without the written consent of the landowner(s) unless the amendment is initiated by the City of Washington.

(Code 1993, § 27-218; Ord. No. 21-3, § 1(Att.), 6-14-2021)

A fee shall be paid to the city for each proposed amendment, supplement, change, modification, or repeal to this chapter or the Official Zoning Map. Such fee shall be established from time to time by ordinance and shall be used to partially defray the public expense in keeping records relating to the petition, advertising a public hearing on the proposal, and performing other services in processing the petition.

(Code 1993, § 27-219)

(a)

Submittal of the petition. All petitions for a change to the Official Zoning Map shall be on forms provided by the Department of Planning and Development and shall include a legal description and acreage of the property sought to be rezoned and such other and further information as may be required by the city to process the petition. Such petition must be received by the Department of Planning and Development no later than the 15th day of the month prior to the month the applicant wishes to have the request heard by the Planning Board. All petitions for a change to the text of this chapter shall be submitted on forms provided by the Department of Planning and Development and shall include any further information that may be required to process the petition.

(1)

Subsequent to the initial adoption of this chapter, all proposed amendments to this chapter 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 thirty (30) days of referral of the amendment to that Board, the City Council may proceed in its consideration of the amendment without the Planning Board report. The City Council is not bound by the recommendations, if any, of the Planning Board.

(2)

Members of the Planning Board providing advice to the City Council shall not vote on any decision regarding a development regulation where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member. An appointed board member shall not vote on any zoning amendment if the landowner of the property subject to a rezoning petition or the applicant for a text amendment is a person with whom the member has a close familial, business, or other associational relationship.

(b)

Submittal to Planning Board for recommendation.

(1)

Every proposed amendment, supplement, change, modification, or repeal to this chapter or the Official Zoning Map shall be referred to the Planning Board for its recommendation and report. The Planning Board shall hold a public hearing and hear evidence from parties in interest and citizens regarding the petition. The Planning Board shall keep accurate minutes of its proceedings and the actions taken in its meetings.

(2)

The Planning Board shall advise and comment on whether the proposed amendment is consistent with any comprehensive 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 comprehensive plan shall not preclude consideration or approval of the proposed amendment by the City Council.

(c)

Public hearing. No part of this chapter or of the Official Zoning Map shall be amended, supplemented, changed, modified, or repealed until a public hearing has been held by the City Council, at which time parties in interest and citizens shall have an opportunity to be heard. Such public hearing shall automatically be set and held at a regularly scheduled meeting of the City Council subsequent to the Planning Board meeting in which the petition to rezone or otherwise amend this chapter is to be received and considered by the Planning Board. After hearing the evidence, the City Council may vote upon the request immediately following such a public hearing or may delay action by continuing the public hearing as it deems necessary. In the event the Planning Board tables or continues a petition for further study, the City Council may delay its public hearing until after a recommendation and report on the petition have been received from the Planning Board, subject to the provisions of subsection (b) of this section. The applicant, or his agent, must appear at the public hearing in order to have the request considered.

(d)

Public notice. Whenever there is a request for an amendment to the Official Zoning Map, the owner of that parcel of land and the owners of all parcels of land abutting and contiguous to that parcel of land as shown on the county tax records shall be mailed a notice of the request, pursuant to G.S. 160D-601, except as provided otherwise in the North Carolina General Statutes. For the purpose of this section, properties are "abutting" even if separated by a street, railroad, or other transportation corridors.

(1)

Notice shall be by first-class mail to the last addresses listed on the county tax abstracts for such owners.

(2)

The person mailing such notices for zoning map amendments shall certify to the City Council that proper notice has been given. Such certification shall be deemed conclusive in the absence of fraud.

(3)

Notice in the case of comprehensive rezoning of all property within the city shall be mailed where required by G.S. 160D-601.

(4)

Notice of such proposed action shall also be published once a week for two (2) successive calendar weeks between ten (10) to twenty-five (25) days prior to the date scheduled for the hearing in a newspaper of general circulation in accordance with G.S. 160D-601.

(5)

The first-class mail notice required under this section shall not be required if the zoning map amendment directly affects more than fifty (50) properties, owned by a total of at least fifty (50) different property owners, and the city elects to use the expanded published notice provided for in this subsection. In this instance, a city may elect to either make the mailed notice provided for in this section or may as an alternative elect to publish notice of the hearing as required by G.S. 160D-601, but provided each advertisement shall not be less than one-half (½) of a newspaper page in size. The advertisement shall only be effective for property owners who reside in the area of the general circulation of the newspaper which 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.

(6)

Notice for text or zoning map amendments.

a.

Whenever there is a request for an action involving a text amendment to this chapter a notice of such proposed action shall be published in a newspaper of general circulation in accordance with G.S. 160D-601.

1.

A notice of the hearing shall be given once a week for two (2) successive calendar weeks in a newspaper having general circulation in the area. The notice shall be published the first time not less than ten (10) days nor more than twenty-five (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.

b.

When a zoning map amendment is proposed, the city shall prominently post a notice of the public hearing on the site proposed for rezoning or on an adjacent public street or highway right-of-way. 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.

(e)

Governing Board conflict of interest. A City Council member shall not vote on any legislative decision regarding a development regulation where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member. A City Council member shall not vote on any zoning amendment if the landowner of the property subject to a rezoning petition or the applicant for a text amendment is a person with whom the member has a close familial, business, or other associational relationship.

(f)

Conditional zoning. Such districts may include, but shall not be limited to, general use districts, in which a variety of uses are permissible in accordance with general standards; overlay districts, in which additional requirements are imposed on certain properties within one (1) or more underlying general use districts; and conditional districts, in which uses are permitted only upon the issuance of a conditional district, in which site plans and individualized development conditions are imposed.

(g)

Conditions in CD. Property may be placed in a conditional district only in response to a petition by the owners of all the property to be included. Specific conditions applicable to these districts may be proposed by the petitioner or the city or its agencies, but only those conditions mutually approved by the city and the petitioner in writing may be incorporated into the zoning regulations or permit requirements. Conditions and site-specific standards imposed in a conditional district shall be limited to those that address the conformance of the development and use of the site to city ordinances and an officially adopted comprehensive or other plan and those that address the impacts reasonably expected to be generated by the development or use of the site.

(h)

City Council statement. Prior to adopting or rejecting any zoning amendment, the City Council shall adopt a statement describing whether its action is consistent with an adopted comprehensive plan and explaining why the Council considers the action taken to be reasonable and in the public interest in accordance with G.S. 160D-605. If the Future Land Use Map by virtue of adoption of a zoning amendment is inconsistent with the plan, that amendment shall be noted in the plan. However, if the plan is one that requires review and approval subject to G.S. 113A-110, the plan amendment shall not be effective until that review and approval is completed. Furthermore, if the Future Land Use Map is a CAMA plan, then the amendment shall not be effective until it goes through the CAMA plan-amendment process.

(Code 1993, § 27-220; Ord. No. 97-2, 3-10-1997; Ord. No. 06-02, §§ 1—6, 2-13-2006; Ord. No. 21-3, § 1(Att.), 6-14-2021)

State Law reference— Voting, G.S. 160A-75; division into districts and petition required for certain property placement, G.S. 160D-703; notice of public hearing for map amendment, G.S. 160D-601.

(a)

A petition for zoning map or text amendment may be withdrawn not less than ten (10) working days prior to the Planning Board meeting date. A petition that is withdrawn twice within any twelve-month period shall not be considered by the Planning Board until the expiration of twelve (12) months from the date of the last withdrawal.

(b)

All requests for withdrawal must be filed in writing with the Department of Planning and Development.

(c)

Reconsideration of withdrawn petitions shall be in accordance with original submission requirements.

(Code 1993, § 27-221)

(a)

A petition for a zoning map or text amendment may be withdrawn from the City Council public hearing provided that such request is made at least seventy-two (72) hours prior to the public hearing date. If the public hearing is continued to a later date, the date of the original scheduled hearing shall control.

(b)

All requests for withdrawal must be filed in writing with the City Manager.

(c)

Petitions withdrawn in accordance with this section shall not be reconsidered by the Planning Board until the expiration of six (6) months following the date of withdrawal.

(d)

Reconsideration of withdrawn petitions shall be in accordance with original submission requirements.

(Code 1993, § 27-222; Ord. No. 21-3, § 1(Att.), 6-14-2021)

When the City Council has denied any petition for zoning map or text amendment, a petition for the same amendment affecting the same property, or any portion thereof, shall not be accepted by the Planning Board, unless substantial changes are made to the petition, until the expiration of six (6) months from the date of such previous denial.

(Code 1993, § 27-223)

All ordinances amending this chapter shall be recorded in the office of the Beaufort County Register of Deeds before such ordinance shall become effective.

(Code 1993, § 27-224)

Appeals from the decisions of City Council shall be made in accordance with applicable law.

(Code 1993, § 27-225)