§ 21-362. Map amendments (rezoning).

(a)

Generally. The board of county commissioners may amend the terms of this chapter in accordance with this section. If the review or approval of any state or federal agency is needed, appropriate measures shall be taken to ensure that such agency has an opportunity to provide comments on the proposed amendment prior to action by the board of county commissioners.

(b)

Purpose and intent. It is the purpose of this section to set forth the procedures whereby the board of commissioners may change the zoning district classification of land after consideration of such factors as changing conditions in the area where the property is located or changes in county plans or policies.

(c)

Rezoning criteria. When deciding whether to adopt a proposed rezoning, the primary issue before the planning board and board of commissioners is whether the proposed change advances the public health, safety, or welfare as well as the intent and spirit of the ordinance. Information related to other issues which do not directly affect the public health, safety, or welfare may be declared irrelevant by the chairman and excluded from presentation at the public hearing. In particular, when considering proposed map amendments:

(1)

Proposed uses. The planning board and board of commissioners shall not consider any representations made by the petitioner that, if the change is granted, the rezoned property will be used for only one (1) of the possible range of uses allowed in the requested zoning district classification. Rather, the boards shall consider whether the entire range of permitted uses in the requested zoning district is more appropriate than the range of uses allowed in the existing district.

(2)

Impact of zoning map change. The boards shall not regard as controlling any advantages or disadvantages to the individual requesting the change, but shall consider the impact of the proposed zoning change on the public at large.

(d)

Initiation. The rezoning of property may be initiated by the board of commissioners, the planning board, or by petition of the legal property owner(s) or designated representative.

(e)

Filing of petition. Except when initiated by the board of commissioners or the planning board, each petition to rezone a separate, noncontiguous property shall be submitted to the administrator on an approved application form and shall be accompanied by any nonrefundable, applicable fees as established by the board of commissioners.

(f)

Deadline for submittal of application. The completed application package shall be submitted to the planning department at least fifteen (15) working days prior to the next regular meeting of the planning board if to be scheduled for consideration at that time.

(g)

Withdrawal of petition. Any petitioner shall have the right to withdraw the rezoning petition, in writing, at any time prior to a final decision by the board of commissioners.

(h)

Content of application package. Each rezoning petition shall be accompanied by:

(1)

Two (2) copies of a map, to scale, which clearly illustrates the subject property to be rezoned; or

(2)

A written metes and bounds legal description for the property(ies) proposed for rezoning;

(3)

Any other pertinent information as may be required by this article;

(4)

Requests for conditional zoning districts shall be accompanied by a site plan as specified in section 21-52.

(i)

Staff review. The administrator shall review the rezoning application package, ensure its completeness, and prepare a written staff recommendation concerning the proposed rezoning request. The administrator may consult with other appropriate agencies, including, but not limited to, the NCDOT, the county board of education, and the environmental health division of the county health department, when evaluating rezoning requests. The staff report shall, at a minimum address the following:

(1)

Relationship and conformity with any adopted plans and policies;

(2)

Consistency with this article and the requested zoning district's purpose and intent;

(3)

Compatibility of all uses within the proposed zoning district classification with other property and conditions in the vicinity; and

(4)

Potential impact on facilities such as roads, utilities, and schools.

(j)

Planning board action. The planning board shall provide a recommendation to the board of commissioners on each rezoning request. 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 board of commissioners 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 board of commissioners. Rezoning requests for conditional zoning districts or other small-scale rezonings shall also include a statement of reasonableness analyzing the request as a recommendation for adoption by the board of commissioners. Failure of the planning board to transmit its recommendation within thirty (30) days after first consideration of a rezoning or a referral by the board of county commissioners may allow the board of commissioners to proceed in its consideration of the rezoning without the planning board recommendation. The planning board shall make one (1) of the recommendations as provided in this subsection:

(1)

Grant the rezoning as requested;

(2)

Grant the rezoning with modifications, including a recommendation to rezone to a more restrictive district than requested; or

(3)

Deny the rezoning request.

(k)

Board of commissioners action. The board of commissioners shall consider any rezoning petition and the planning board recommendation at an advertised public hearing. After the public hearing is closed, the board of commissioners shall take one (1) of the following actions:

(1)

Grant the rezoning as requested or modified;

(2)

Continue the request;

(3)

Refer the application, with modifications, back to the planning board for further study and consideration; or

(4)

Deny the rezoning request.

Prior to adopting or rejecting any zoning amendment, the board of commissioners shall adopt a statement describing whether its action is consistent with an adopted comprehensive plan and explaining why the board considers the action taken to be reasonable and in the public interest. That statement is not subject to judicial review. Rezoning requests for conditional zoning districts or other small-scale rezonings shall also include adoption of a statement of reasonableness analyzing the request.

(l)

Notification of decision. Within five (5) working days of any action by the board of commissioners on a rezoning request, notice of such action shall be sent by first class mail to the rezoning petitioner and any other persons who have indicated to the zoning administrator, in writing, that they would like the decision mailed to them. Additionally, within fifteen (15) days after the effective date of a zoning change to commercial or industrial zones within six hundred sixty (660) feet of the rights-of-way of an interstate or primary highway, written notice by registered mail shall be sent to the Raleigh offices of the NCDOT in accordance with G.S. 136-136 and 136-153.

(m)

Petition resubmitted. If a rezoning request is denied by the board of commissioners, the zoning administrator may not accept a new rezoning petition within the one (1) year period unless the administrator determines that:

(1)

There has been a significant change in the zoning district classification of an adjacent property;

(2)

A new or updated land use plan which changes public policy regarding the property is adopted by the county;

(3)

Public facilities such as roads, water lines, sewer lines, or other infrastructure are constructed or expanded to serve the property and enable the proposed development to be accommodated; or

(4)

There has been some other significant change, other than a change in ownership of the property, which might justify waiving the one-year restriction on submitting a new petition.

(n)

Recording of zoning change. All rezoning map amendments shall be recorded on official zoning maps which are a part of this chapter and are maintained for public inspection in the office of the county planning department.

(Ord. of 1-19-98, § XV; Ord. of 4-20-98; Amend. of 2-20-06(1); Amend. of 11-2-09; Amend. of 9-6-16)