§ 8-10. Protests to zoning district changes.

(A)

If a petition opposing a change in the zoning map is filed in accordance with the provisions of this section, then the proposed amendment may be adopted only by a favorable vote of three-fourths of the membership of the city council. For the purposes of this subsection, vacant positions on the council and members who are excused from voting shall not be considered "members of the council" for calculation of the requisite supermajority. In accordance with the provisions of G.S. 160A-385(a), provisions regarding protest shall not be applicable to any amendment which initially zones property added to the territorial coverage of the ordinance as a result of annexation or otherwise, or to an amendment to an adopted conditional use district if the amendment does not (i) change the types of uses that are permitted within the district, (ii) increase the approved density for residential development, or (iii) reduce the size of any buffers or screening approved for the conditional use district.

(B)

In order to be valid, a protest petition must:

(1)

To qualify as a protest under this section, the petition must be signed by the owners of either (i) 20 percent or more of the area included in the proposed change or (ii) five (5) percent of a 100-foot-wide buffer extending along the entire boundary of each discrete or separate area proposed to be rezoned. A street right-of-way shall not be considered in computing the 100-foot buffer area as long as that street right-of-way is 100 feet wide or less. When less than an entire parcel of land is subject to the proposed zoning map amendment, the 100-foot buffer shall be measured from the property line of that parcel. In the absence of evidence to the contrary, the city may rely on the county tax listing to determine the "owners" of potentially qualifying areas.

(2)

No protest against any change in or amendment to a zoning ordinance or zoning map shall be valid or effective for the purposes of G.S. 160A-385 unless it be in the form of a written petition actually bearing the signatures of the requisite number of property owners and stating that the signers do protest the proposed change or amendment, and unless it shall have been received by the city clerk in sufficient time to allow the city at least two normal work days, excluding Saturdays, Sundays and legal holidays, before the date established for a public hearing on the proposed change or amendment to determine the sufficiency and accuracy of the petition. The city council may by ordinance require that all protest petitions be on a form prescribed and furnished by the city, and such form may prescribe any reasonable information deemed necessary to permit the city to determine the sufficiency and accuracy of the petition. For purposes of this subsection, the date of the public hearing shall not be counted as a normal working day.

(Ord. No. 1-2006, § 16, 1-9-2006)