§ 16-319. Action by the planning board.

(a)

Every proposed amendment, supplement, change, modification or repeal of this article shall be referred to the planning board for its recommendation and report. The following policy guidelines shall be followed by the planning board concerning zoning amendments and no proposed zoning amendment will receive favorable recommendation unless:

(1)

The proposal will place all property similarly situated in the area in the same category, or in appropriate complementary categories.

(2)

There is convincing demonstration that all uses permitted under the proposed district classification would be in the general public interest and not merely in the interest of an individual or small group.

(3)

There is convincing demonstration that all uses permitted under the proposed district classification would be appropriate in the area included in the proposed change. (When a new district designation is assigned, any use permitted in the district is allowable, so long as it meets district requirements, and not merely uses which applicants state they intend to make of the property involved.)

(4)

There is convincing demonstration that the character of the neighborhood will not be materially and adversely affected by any use permitted in the proposed change.

(5)

The proposed change is in accord with any land use plan and sound planning principles.

(b)

A petition to amend the district boundaries or regulations established by this article shall be considered by the planning board at its next regular monthly meeting or any called special meeting, provided it has been filed, complete in form and content, at least two weeks prior to such meeting. Otherwise, consideration may be deferred until the following monthly meeting.

(c)

The planning board shall render its decision on any properly filed petition within 65 days after the introduction of such petition at a regularly scheduled meeting and shall transmit its recommendation and report, including the reasons for its determinations, to the board of commissioners.

(d)

The planning board may make recommendations to the board of commissioners concerning zone map change petitions. Pursuant to G.S. 160A-383, the planning board shall advise and comment on whether the proposed amendment is consistent with the comprehensive plan or any other officially adopted plans that are applicable. The planning board shall provide a written recommendation to the board of commissioners that addresses plan consistency and other matters 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.

(Ord. No. 95-008, § 5.3, 12-13-1995)