§ 13. Amendments.

This ordinance may from time to time be amended, supplemented, changed, modified, or repealed by the Carteret County Board of Commissioners according to the following procedure:

The board of county commissioners on its own motion or by petition may amend, supplement, change, or repeal the regulations established by this ordinance. Any such amendment will be adopted only after public notice and public hearing as required by general law.

A.

Petition for amendment. Petitions for an amendment to this ordinance must be filed in the office of the planning and development department by the property owner or his duly authorized agent. An official application form shall be obtained and returned to the planning department no later than four weeks prior to the date of the planning commission meeting for which the petition is slated. The filing fee shall be in accordance with the planning department fee schedule and must accompany the application form.

B.

Withdrawal/suspension of petitions. Petition for amendment to the ordinance may be withdrawn or suspended by the petitioner at any time up to and including 10 days prior to the hearing date. After that time, requests to withdraw or suspend a petition must be filed with the clerk to the board of county commissioners and, on the day of the hearing, the commissioners will decide if the withdrawal/suspension will be allowed.

1.

If the request for a suspension is granted, the petitioner shall incur all costs associated with the readvertisement of the public hearing. If a petition is withdrawn, any reapplication shall be treated as a new petition and all required fees shall be paid.

2.

The petitioner will not be allowed to amend or change the petition after the board of county commissioners authorizes a public hearing to hear the request.

C.

Public hearing. No amendment of the ordinance may be adopted until after a public hearing has been held on the petition.

1.

The total amount of time allowed for the supporters or the opponents of a petition to provide verbal comments shall be determined at public hearing. At the hearing, the presiding officer of the hearing will decide whether to grant all or part of any request for additional time.

2.

In cases involving a controversial matter and a large number of persons wishing to speak at the public hearing in favor of or against a request, the planning department reserves the right to require those persons to sign up in advance of the public hearing in order to facilitate and organize the speakers. Persons who do not register to speak in advance shall be allowed that right at the public hearing. If such a requirement for pre-registration is necessary, the advertised public hearing notice shall clearly indicate this requirement.

D.

Recommendation of the planning commission. No proposal to amend this ordinance will be approved unless it is first submitted to the planning commission for its recommendations. The planning commission must take action on the amendment within 45 days after the petition has been referred to the planning commission. If the planning commission does not render a decision within that period, the petition will be considered the same as a favorable recommendation. If the planning commission tables the amendment for any length of time, that shall be considered to be taking action on the amendment.

E.

Effect of denial by county commissioners. A petition for amendment to the ordinance that has been denied in whole or in part may not be resubmitted within 6 (six) months of the date of action on the original request. However, the board of county commissioners may choose to allow a reapplication if, after a report from the planning commission, it determines that there have been substantial changes in conditions or circumstances which may relate to the request.

(Ord. of 10-17-11(16))