42-345. Ordinance Amendments

  1. Purpose. The regulations, restrictions and boundaries set forth in this Chapter may from time to time be amended, supplemented, changed or repealed by the Board of Commissioners. Prior to final action by the Commissioners under this Chapter, the Planning Board shall review the amendment and offer any comments or recommendations as appropriate. All actions to amend, supplement, change or repeal this Chapter shall follow the appropriate process as outlined below.
  2. Text Amendments.
    1. Initiation. The Commissioners, Planning Board, Zoning Board of Adjustment (ZBA), Water Quality Board and Flood Damage Prevention Board may initiate amendments to the text of this Chapter through adopted motion and submittal to the Planning Director. The County Manager, Zoning Administrator, Planning Director, or an affected owner of property in Henderson County may initiate an amendment to the text of this Chapter.
    2. Application. Each applicant shall submit a copy of the proposed amendment which explains the purpose for the amendment to the Planning Director.
    3. Staff Review. Planning Staff shall: (1) process and review the amendment request, (2) present the application to the Technical Review Committee (TRC) for its comments and recommendations, (3) forward the application on to the appropriate departments and agencies for their review, and (4) prepare a recommendation on the proposed amendment.
    4. Formal Review. Prior to amending the text of this Chapter, the Commissioners shall consider the Planning Board’s recommendation which must be in writing and must address consistency with the Comprehensive Plan and any applicable adopted plan.
    5. Public Hearing. Prior to amending the text of this Chapter the Commissioners shall hold a public hearing on the amendment in accordance with NCGS §160D-601, as amended (See §42-370 (Legislative Process Standards)).

    6. Public Notification. Public notification of the Planning Board meeting shall comply with the provisions outlined in §42-370 (Legislative Process Standards) B(5) (Posted Notice), for posted notices. Mailed notification of the Planning Board meeting for zoning map amendments shall be sent to the owner of that parcel of land, and all parcels of land within four hundred (400) feet of any property line of the proposed development by first class mail to the address as show on the  as shown on the County tax listing.  Mailed notices must be deposited in the mail at least seven (7) days prior to the date of the meeting. Public notification of the Commissioners public hearing shall comply with the provisions of NCGS §160D-602, as amended,, and additional provisions outlined in Planning §42-370 (Legislative Process Standards)).Planning Staff shall be responsible for all necessary public notifications.

    7. Amendment Validity. The amendment is effective immediately following the decision of the Commissioners. The Commissioners shall issue a written statement on all text amendment decisions addressing reasonableness, consistency with the Comprehensive Plan, and public interests furthered.
  3. Map Amendments.
    1. Initiation. The Commissioners, Planning Board, ZBA, Water Quality Board and Flood Damage Prevention Board may initiate amendments to the Official Zoning Map through the adoption of a motion. The County Manager, Planning Director, Zoning Administrator and any County Department Director/Head may initiate an amendment to the zoning map. A property owner may initiate an amendment to the Official Zoning Map on property that he/she owns, but may not initiate a map amendment on another individual’s property without that property owner’s consent.
    2. Application.
      1. Pre-application Conference. Each applicant for an amendment shall meet with Planning Staff in a pre-application conference at least 15 days prior to the application submission deadline. The purposes of this conference are to provide information to the applicant regarding the review process and assist in the preparation of the application.
      2. Application. Each applicant for an amendment shall submit the application to the Planning Department on or before the first business day of the month. The application shall include: (1) the name(s) and address(es) of the owner(s) of the property in question; (2) the location of the property; (3) the PIN as shown on the County tax listing; (4) a description/statement of the present and proposed district; (5) a description of the property in question sufficient to unequivocally describe and identify said property (such description may take the form of a property survey, a legal description or a legible copy of a County cadastral or composite tax map clearly annotated with district lines which follow political boundaries, geographical features or property lines); and where an applicant chooses to appoint an agent to speak on their behalf, (6) an agent form. Planning Staff may modify applications as necessary. Incomplete applications must be resubmitted on or before the first business day of the month or will not be processed until the preceding month.
      3. Review Schedule. Applications for amendments shall have a 45 day processing period for review by Planning Staff before the first consideration by the Planning Board. Applications involving more than one (1) parcel not under common ownership by the applicant shall be forwarded to the Planning Board at its first regularly scheduled monthly meeting. (The Planning Board will review the application and determine if it should proceed or, due to the size of the area, number of parcels or number of property owners, if the scope of the application will require a Small Area Zoning Study. If the Planning Board agrees that the application calls for a Small Area Zoning Study, then the application will be tabled and the request is forwarded to the Commissioners for direction on how to proceed with the amendment application).
      4. Withdrawal of Application.  This includes applications for the same requested zoning district or for the same use or substantial similar use under a conditional zoning request.
        1. 1st Withdrawal. Each application for an amendment withdrawn by the applicant after the first newspaper notice appears shall not reapply for a map amendment within the following six (6) months.
        2. 2nd Withdrawal. Each application for an amendment withdrawn by the applicant after the first newspaper notice appears shall not reapply for a map amendment within the following eighteen (18) months.
      5. Application Resubmittal.
        1. Resubmittal of Any Application. The Planning Board and the Commissioners will not consider an application by a property owner or owner’s agent, that is for the same requested zoning district or for the same use under a conditional zoning request when, within the previous 12 months, the map amendment request was denied by the Commissioners.
        2. Resubmittal of Application After County Initiated Rezoning/Small Area Zoning Study. Applications for map amendments located in an area that is currently undergoing or (within the previous 12 months) has completed a County Initiated Rezoning/Small Area Zoning Study, shall not be considered by the Planning Board or the Commissioners unless the Planning Director initiates such application.
      6. Fees. Any review fee established by the Commissioners shall be submitted with the application.
    3. Staff Review. Planning Staff: (1) shall process and review the amendment request, (2) shall present the application to the TRC for its comments and recommendations, (3) may forward the application to the appropriate departments and agencies for their review, and (4) shall prepare a recommendation on the proposed amendment.
    4. Formal Review. Prior to amending the Official Zoning Map, the Commissioners shall consider the Planning Board’s recommendation which must be in writing and must address consistency with the Comprehensive Plan and any applicable adopted plan. The Planning Board shall have 45 days after the first consideration of an application for an amendment to submit its written recommendation to the Commissioners. Failure of the Planning Board to submit a written recommendation within the 45 day period shall constitute a favorable recommendation, except that, if by agreement of the Planning Board and the applicant that 45 days is insufficient due to the size of the area, the complexity of the request or similar circumstances, the Planning Board shall have 60 days to submit its written recommendations. Time limitations shall not be applied to applications for amendments initiated by the Commissioners.
    5. Public Hearing. Prior to amending the zoning map the Commissioners shall hold a public hearing on the amendment in accordance with NCGS §160D-601, as amended (See §42-370 (Legislative Process Standards)).
    6. Public Notification. Public notification of the Planning Board meeting shall comply with the provisions outlined in §42-370 (Legislative Process Standards) B(5) (Posted Notice), for posted notices.  Mailed notification of the Planning Board meeting for zoning map amendments shall be sent to the owner of that parcel of land, and all parcels of land within four hundred (400) feet of any property line of the proposed development by first class mail to the address as show on the  as shown on the County tax listing.  Mailed notices must be deposited in the mail at least seven (7) days prior to the date of the meeting.  Public notification of the Commissioners public hearing shall comply with the provisions of NCGS §160D-602, as amended, and additional provisions outlined in (§42-370 (Legislative Process Standards).  Planning Staff shall be responsible for all necessary public notifications.
    7. Amendment Validity. The amendment is effective immediately following the decision of the Commissioners. The Commissioners shall issue a written statement on all map amendment decisions (both adoptions and rejections) addressing reasonableness, consistency with the Comprehensive Plan, and public interests furthered.
  4. Water Supply Watershed Regulation Text and/or Map Amendments.
    1. Initiation. The Commissioners may initiate amendments to the text of this Chapter related to the watershed and amendments to the Watershed Map through adopted motion and submittal to the Planning Director.
    2. Application, Formal Review, Public Hearing and Public Notification. An amendment to the text of this Chapter related to the water supply watershed shall adhere to the review and approval process for Text Amendments (see §42-345 (Ordinance Amendments) subsection B (excluding (1) “Initiation”)). An amendment to the watershed map shall adhere to the review and approval process for Map Amendments (see §42-345 (Ordinance Amendments) subsection C (excluding (1) “Initiation”)). The Commissioners may incorporate the minimum requirements of the NCEMC into this Chapter without undertaking the official amendment processes; this may include identifying the boundaries of watershed districts proposed by the NCEMC on the Watershed Protection Map and may include text amendments necessary to conform to the minimum requirements of the NCEMC.
    3. Amendment Validity. The Commissioners may not adopt any amendment, supplement, change or modification that is less stringent than the minimum requirements imposed by the NCEMC without approval of said Commission. The amendment is effective immediately following the decision of the Commissioners. All amendments must be filed with the North Carolina Division of Environmental Management, North Carolina Division of Environmental Health and the North Carolina Division of Community Assistance.