(A)   Amendments to any development regulation authorized under G.S. Chapter 160D, the text of this chapter, or to the zoning map, including rezoning as a conditional district, may be made in accordance with the provisions of this subchapter and G.S. 160D, Article 6. A development regulation adopted in accordance with this section shall be adopted by ordinance.

      (1)   Conditional zoning is a legislative process.

      (2)   Property may be placed in a conditional district only in response to a petition or application by all the owners of the property to be included.

      (3)   Specific conditions may be proposed by the city, its agencies or the applicant, but only those conditions approved by the city and consented to by the petitioner in writing, may be incorporated into the zoning regulations.

      (4)   The city may not require, enforce, or incorporate into the zoning regulations any condition or requirement not authorized by otherwise applicable law, unless consented to by the petitioner in writing.

(2009 Code, § 155.285) (Ord. passed 10-27-1992; Ord. 2021-Z-19, passed 6-22-2021)

   (A)   A request to amend the text of this chapter including the official zoning map may be initiated by the City Council, Planning Board, Board of Adjustment or any property owner or citizen.

   (B)   No amendment to zoning regulations or a zoning map that down-zones property shall be initiated nor shall it be 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 city. 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.

   (C)   Amendments, modifications, supplements, repeals or other changes in zoning regulations and restrictions and zone boundaries shall not be applicable or enforceable without consent of the owner with regard to lots for which building permits have been issued.

(Ord. 2021-Z-19, passed 6-22-2021)

   Before adopting, amending, or repealing any zoning map, ordinance or development regulation authorized by this chapter, the governing board shall hold a legislative hearing. Notice of the hearing shall be made in the following manner:

   (A)   Mailed notice for zoning map amendments. Notice shall be given to the landowner (if not the applicant), and any other person who makes a written request for the notice, as well as the owners of all parcels of land abutting that parcel of land as shown on the Columbus County tax listings. For the purpose of this section, properties are "abutting" even if separated by a street, railroad, or other transportation corridor. The person or persons mailing the notices shall certify to the City Council that fact, and the certificate shall be deemed conclusive in the absence of fraud. All the notices shall be mailed at least ten calendar days, but not more than 25 calendar days prior to the date of the hearing.

   (D)   When the city initially zones property, owners of that property shall be notified in writing of the change.

(2009 Code, § 155.286) (Ord. passed 10-27-1992; Ord. passed 1-24-2006; Ord. 2014-2-25-25, passed 2-25-2014; Ord. 2021-Z-19, passed 6-22-2021)

   (A)   All proposed amendments to the zoning regulation 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 30 days of referral of the amendment to that board, the governing board may act on the amendment without the Planning Board report. The governing board is not bound by the recommendations, if any, of the Planning Board.

   (B)   Planning Board statement shall be in accordance with the requirements of § 155.226.

   (C)   Notwithstanding the authority to assign duties of the Planning Board to the governing board as provided by G.S. Ch. 160D, the review and comment required by this section shall not be assigned to the governing board and must be performed by a separate board.

(Ord. 2021-Z-19, passed 6-22-2021)

   (A)   When adopting or rejecting any zoning text or map amendment, City Council shall approve a brief statement describing whether its action is consistent or inconsistent with an adopted comprehensive plan. The requirement for a plan consistency statement may also be met by a clear indication in the minutes of the City Council that at the time of action on the amendment City Council was aware of and considered the Planning Board's recommendations and any relevant portions of an adopted comprehensive plan. If the amendment is adopted and the action was deemed inconsistent with the adopted plan, the zoning amendment shall have the effect of also amending any future land use map in the approved plan and no additional request or application for a plan amendment shall be 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 City Council 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)   When adopting or rejecting any petition for a zoning text or map amendment, a brief statement explaining the reasonableness of the proposed rezoning shall be approved by City Council. The statement of reasonableness may consider, among other factors:

      (1)   The size, physical conditions, and other attributes of any area proposed to be rezoned;

      (2)   The benefits and detriments to the actual and permissible development and the development permissible under the proposed amendment;

      (3)   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;

      (4)   Why the action taken is in the public interest; and

      (5)   Any changed conditions warranting the amendment. If a zoning map amendment qualifies as a "large-scale rezoning" under G.S. § 160D-602(b), City Council statement on reasonableness may address the overall rezoning.

(Ord. 2021-Z-19, passed 6-22-2021)

   (A)   Accurate minutes shall also be kept of all the proceedings, but a transcript need not be made.

   (B)   Whenever practicable, all documentary evidence presented at a hearing as well as all other types of physical evidence shall be made a part of the record of the proceedings and shall be kept by the city for at least two years.

(2009 Code, § 155.289) (Ord. passed 10-27-1992; Ord. 2021-Z-19, passed 6-22-2021)

   (A)   In addition to a statement of the Board’s or City Council’s ultimate disposition of the case and by any other information deemed appropriate (§ 155.309), the written decision shall state the City Council’s findings and conclusions, as well as supporting reasons or facts, whenever this chapter requires the same as prerequisite to taking action.

   (B)   Within 14 days after a decision is made, a copy of the decision shall be provided to the property owner, or applicant if different from the owner, via written notice by personal delivery, electronic mail, or first-class delivery. A copy of the decision shall also be filed with the Planning Director or his or her designee, where it shall be available for public inspection during regular office hours. The city may issue development approvals in print or electronic form. Any development approval issued exclusively in electronic form shall be protected from further editing once issued. Unless provided otherwise by law, all rights, privileges, benefits, burdens, and obligations created by development approvals made pursuant to this chapter attach to and run with the land.

   (C)   Amendments in land development regulations shall not be applicable or enforceable without the written consent of the owner with regard to conditional zoning approval to ensure enforceability.

   (D)   City Council must permit adoption of a legislative decision for development regulation on first reading by simple majority.

(2009 Code, § 155.290) (Ord. 2021-Z-19, passed 6-22-2021)