A.
Authorization. The Mayor and Council may from time to time, after
public notice and hearing as hereinafter prescribed, amend, supplement,
change or repeal this chapter, including the text and the Zoning Map.
Any amendment, supplement, change or repeal may be initiated by the
Planning Commission, the Mayor and Council or by a petition to the
Mayor and Council. Such amendment, supplement, change or repeal shall
be specifically found by the Mayor and Council to be in accordance
with the spirit and intent of the Comprehensive Plan before such amendatory
ordinance shall be adopted by the Mayor and Council.
B.
Initiation.
(1)
Amendment initiated by the Planning Commission. When an amendment,
supplement, change or repeal is initiated by the Planning Commission,
the proposal shall be presented to the Mayor and Council, which shall
then proceed in the same manner as with a petition to them which has
already been reviewed by the Planning Commission.
(2)
Amendment initiated by the Mayor and Council. When an amendment, supplement, change or repeal is initiated by the Mayor and Council, it shall submit the proposal to the Planning Commission for review and recommendations in accordance with the provisions of Subsection C of this section.
(3)
Amendment initiated by petition. A petition for an amendment, supplement, change or repeal by a property owner shall be in the form as prescribed by the Planning Commission and shall be filed with the Mayor and Council and shall be signed by at least one record owner of the property in question. The fee established by the Mayor and Council shall be paid upon the filing of such petition, together with the costs of advertising and any other costs incurred. The Mayor and Council shall submit the proposal to the Planning Commission for review and recommendations in accordance with the provisions of Subsection C of this section.
C.
Procedure before Planning Commission.
(1)
After receipt of a proposal or petition from the Mayor and Council,
the Planning Commission shall make such investigations as it deems
appropriate and necessary and may require the submission of pertinent
information by any persons concerned and may hold such formal or informal
public hearings as are appropriate in the Planning Commission's judgment.
(2)
If a public hearing is held by the Planning Commission, notice
shall be given at least 14 days prior to the hearing by publishing
the time, place and nature of the hearing in a newspaper having general
circulation in the Town once each week for two successive weeks. In
addition, the Commission shall cause the date, time, place and nature
of the hearing to be posted conspicuously on the property in accordance
with the rules of the Commission. The published and posted notices
shall contain reference to the place or places within the Town where
the plans, ordinances or amendments may be examined.
(3)
The Planning Commission shall formulate its recommendation on
said amendment and shall submit its recommendation and pertinent supporting
information to the Mayor and Council within 60 days after the presentation
of the proposal or petition to the Planning Commission, unless an
extension of time is granted by the Mayor and Council.
(4)
If the Planning Commission shall fail to file such a report
within the time and in the manner specified, it shall be conclusively
presumed that the Planning Commission has approved the proposed amendment,
supplement, change or repeal.
D.
Action by the Mayor and Council.
(1)
Public hearing. Following the Planning Commission's consideration,
the Mayor and Council shall hold at least one public hearing. The
Mayor and Council shall publish notice of the time and place of the
public hearing, together with a summary of the proposed zoning regulation
or boundary, in at least one newspaper of general circulation in Snow
Hill once each week for two successive weeks with the first notice
of the hearing appearing at least 14 days before the hearing. At the
time and place specified, the Mayor and Council shall conduct a hearing
on said petition to amend, supplement, change or repeal the zoning
chapter or Zoning Map, at which time all interested parties and citizens
shall have an opportunity to be heard. Thereafter, within a period
of 60 days, the Mayor and Council shall either reject the proposed
change or adopt the ordinance implementing the proposed change. The
Mayor and Council may adjourn said hearing, at their discretion, to
a time and place certain.
(2)
Legislation. All amendments to the zoning chapter shall be considered
as legislative acts and shall be processed in accordance with all
rules pertaining to such acts.
E.
Map amendments.
(1)
Where the purpose and effect of the proposed amendment is to
change the zoning classification of a particular parcel(s) of property,
the Mayor and Council shall make findings of fact in each specific
case including, but not limited to, the following matters:
(2)
The Mayor and Council may grant the reclassification based upon
a specific determination and factually supported finding that there
has been a substantial change in the character of the area where the
property is located, or that there is a mistake in the existing zoning
classification.
(3)
The zoning regulation or boundary amendment may not become effective
until 10 days after the hearing or hearings.
(4)
The change or mistake standard does not apply to regional or
comprehensive rezoning map amendments or to floating zone amendments.
(5)
The fact that an application for reclassification complies with
all the specific requirements and purposes set forth in this chapter
shall not be deemed to create a presumption that the proposed reclassification
and resulting development would, in fact, be compatible with surrounding
land uses and is not, in itself, sufficient to require the granting
of the application.
(6)
Application requirements. Every application for a map amendment
shall be accompanied by a plat, drawn to scale, showing the existing
and proposed district and property boundaries and such other information
as the Code Enforcement Officer may need in order to locate and plot
the amendment on the official Zoning Maps.
F.
Time limitation for reconsideration. Whenever a petition requesting
an amendment, supplement or change has been denied by the Mayor and
Council, such petition or one substantially similar shall not be reconsidered
sooner than one year after the previous denial.
G.
Authentication of official Zoning Map. Whenever there has been an
amendment in the Zoning Map adopted in accordance with the above,
it shall be immediately noted upon the Official Map and shall be duly
certified by the Town Clerk and shall thereafter be refiled as part
of the permanent records of the Town.
A.
Generally. Unless otherwise expressly provided by law, all notices
to the general public required for the terms of this title shall be
made as follows:
(1)
By the posting of a reasonably sized sign upon the property
which is the subject of the proceedings as follows:
(a)
The sign shall be of sufficient size to reasonably advise the
public of the fact of the public hearing and shall be posted not less
than 15 days prior to the public hearing.
(b)
The sign shall be posted (to the extent possible) within a reasonable
distance of a public road serving or near the property so as (to the
extent possible) to be reasonably visible to the public.
(2)
Posting requirements shall be subject to the following modifications
and provisions:
(a)
Except in the case of the fifteen-day requirement, reasonable,
good-faith compliance with the above requirements, as determined by
the hearing agency, shall be sufficient.
(b)
Where the property lines are difficult to ascertain, posting
on an adjacent property may be found to be sufficient.
(c)
Evidence of the posting shall be provided at the public hearing,
but no evidence that the sign remained standing during the period
of posting shall be required.
(d)
When a posted sign is destroyed or removed, the property shall
be reposted upon written request, but the date of posting shall be
the date of original posting.
(e)
The hearing agency shall have the authority to determine whether
or not a good-faith effort to comply with the posting requirements
is sufficient to satisfy the intent of such requirements so as to
reasonably advise the public of the pending proceeding.
B.
Any applicant and/or owner of the property subject to the proceedings
shall be deemed to have consented to the entry by the public upon
the property for the purpose of viewing any sign.
C.
Posting shall not be required for proposed sectional or comprehensive
map amendment procedures or for proposed amendments to the text of
this title.
