This chapter, including the official zoning map of the town, may be amended from time to time by the town council as herein specified, but no amendment shall become effective unless it shall have been proposed by or shall first have been submitted to the planning commission for review or recommendation. The planning commission shall have 30 days within which to submit its report. If the planning commission fails to submit a report within the 30-day period, it shall be deemed to have recommended approval of the proposed amendment.

(Ord. No. 2008-02, § 1201, 6-2-2008)

When the public necessity, convenience, general welfare, or good zoning practice justifies such action, and after the required review and report by the planning commission, the town council may undertake the necessary steps to amend the zoning chapter.

(Ord. No. 2008-02, § 1202, 6-2-2008)

Requests to amend the zoning chapter shall be processed in ordinance format with the following requirements:

(1)

Initiation of amendments. A proposed amendment to the zoning chapter may be initiated by the town council, the planning commission or by application filed with the zoning administrator by the owner of the property proposed to be changed; provided, however, that action shall not be initiated for a zoning amendment affecting the same parcel or parcels of property, or any part thereof, and requesting the same change in district classification by a property owner more often than once every 12 months.

(2)

Application procedure.

a.

Application forms for amendment requests shall be obtained from the zoning administrator. Completed forms, together with an application fee in accordance with a fee schedule established by the town council to cover administrative costs, plus any additional information the applicant believes to be pertinent, will be filed with the zoning administrator. Any communication purporting to be an application for an amendment shall be regarded as mere notice until it is made in the form required.

b.

Application for amendments must be submitted, in proper form, at least 25 days prior to a planning commission meeting in order to be heard at that meeting.

c.

Application fees shall be forwarded by the zoning administrator to the town clerk who shall supervise the application of same to the costs of advertising and other administrative expenses.

(Ord. No. 2008-02, § 1203, 6-2-2008)

(a)

All papers and other data submitted by the applicant on behalf of the amendment request shall be transmitted to the planning commission.

(b)

The planning commission, at its regular meeting shall review the application, take comment from any interested party and prepare a report, including its recommendation, for transmittal to the town council.

(c)

All meetings of the planning commission shall be open to the public. At a meeting, any party may appear in person, or by agent, or by attorney.

(d)

No member of the planning commission shall participate in a matter in which they have any pecuniary or special interest.

(e)

Following action by the planning commission, all papers and data pertinent to the application shall be transmitted along with the planning commission recommendation to the town council for final action.

(Ord. No. 2008-02, § 1204, 6-2-2008)

Before amending this chapter or the zoning map, the town council shall hold a public hearing on the proposed amendment. Said public hearing must be advertised at least 15 days prior to the date of the hearing with said advertisement giving notice of the time and place of the public hearing in a newspaper of general circulation in the Town of Williamston.

In cases involving rezoning, conspicuous notice shall be posted on or adjacent to the property affected, with at least one such notice being visible from each public thoroughfare that abuts the property.

Any interested party may appear and present oral or written comments at the public hearing in person, by agent, or by attorney.

(Ord. No. 2016-09, 6-13-2016)

Editor's note— Ord. No. 2016-09, adopted June 13, 2016, amended § 90-437 in its entirety to read as herein set out. Former § 90-437, pertained to public hearing by the town council, and derived from Ord. No. 2008-02, adopted June 2, 2008.

Following final action by the town council, any necessary changes shall be made in the zoning map. A written record of the type and date of such change shall be maintained by the town clerk. Until such change is made, no action by the town council on map amendments to the zoning chapter shall be considered official, unless the town clerk fails to make the change within seven days after formal action by the town council. In the latter event, action by the town council shall be considered official seven days after the date of action even if the town clerk has failed to make the appropriate changes.

(Ord. No. 2008-02, § 1206, 6-2-2008)