§42-346.
Ordinance Amendments
A.
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amended, supplemented, changed or repealed by the Board of Commissioners.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. 
B.
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.
(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 §153A-323, as amended (See §42-370
(Legislative Process Standards)). 
(6)
Public Notification. Public notification of such hearing shall comply with the provisions of NCGS
§153A-323 and §153A-343, as amended (See §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.
C.
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.
a.
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.
b.
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. 
c.
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). 
d.
Withdrawal of Application. Each application for an amendment which is withdrawn by
the applicant after the first newspaper notice appears shall not be considered for a map
amendment within the following six (6) months.
e.
Application Resubmittal. 
A.
Resubmittal of Any Application. The Planning Board and the Commissioners
will not consider an application (by a property owner or owner’s agent) when,
within the previous 12 months, the map amendment request was denied by the
Commissioners. 
B.
Resubmittal of Application After Completion of a Small Area/Community Plan.
Applications for map amendments located in an area that is currently undergoing
or (within the previous 12 months) has completed a Small Area/Community
Plan, shall not be considered by the Planning Board or the Commissioners
unless the Planning Director initiates such application. 
f.
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. 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 §153A-323, 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. Public notification of the Commissioners public hearing shall comply with the provisions
of NCGS §153A-323 and §153A-343, as amended (See §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.
D.
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 §42-346 (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 §42-346 (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.
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