AN ORDINANCE AMENDING THE CHAPEL HILL LAND USE MANAGEMENT ORDINANCE TO CHANGE LANGUAGE PERTAINING TO PLANNING BOARD RECOMMENDATIONS FOR ZONING ATLAS AMENDMENTS AND LANGUAGE PERTAINING TO PROTEST PETITIONS FOR ZONING ATLAS AMENDMENTS (2006-02-13/O-4)

WHEREAS, the Council of the Town of Chapel Hill has considered the proposed text amendments to the Land Use Management Ordinance regarding modifications to language pertaining to Planning Board Recommendations for Zoning Atlas Amendments and language pertaining to Protest Petitions for Zoning Atlas Amendments and finds that the amendments are warranted in order to correct a manifest error in the chapter as a result of changes to Statutes;

NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:

Section 1.  Subsection 4.4.2(d)(2) of the Chapel Hill Land Use Management Ordinance is hereby revised to read as follows:

“The Planning Board shall prepare its recommendations within thirty‑five (305) days of the meeting at which the Town Manager's report is submitted to the Planning Board and shall forward its recommendations to the Town Council at the Town Council's next available public hearing scheduled for amendment applications or within such further time consented to in writing by the applicant or by Town Council resolution. If the Planning Board fails to complete its recommendation to the Town Council within this time limit, or extensions thereof, the Town Council may proceed in its consideration without the Planning Board’s recommendations. Planning Board's recommendation shall be for approval.”

Section 2.  Subsection 4.4.2(i) of the Chapel Hill Land Use Management Ordinance is hereby revised to read as follows:

“A petition protesting a proposed amendment shall be subject to the provisions of North Carolina General Statutes Sections  160A-385 and 386, as may be amended from time to time.  To qualify as a protest petition, Aany petition shall:

(1)        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 amendment; 

(2)        be received by the Town Clerk at least two (2) normal work days prior to the date established for the public hearing on the proposed amendment; and

(3)        be on a form prescribed and provided by the Town Manager and contain all the information requested on the form.”

Section 3. That all ordinances and portions of ordinances in conflict herewith are hereby repealed.

Section 4. That these amendments shall become effective upon adoption.

This the 13^th day of February 2006.