A petition for an amendment to this ordinance and to the official zoning map or a text amendment to the zoning ordinance may be initiated by the City of Conover, the planning board, the owner of any property within the zoning jurisdiction of the City of Conover, or any interested citizen who can show just cause for an amendment. Applications submitted by individual property owners or interested citizens shall comply with the following procedural requirements:

A.

Process.

1.

Application submission. The process for a zoning map or text amendment is initiated by the submittal of an application along with required fees (consult the schedule of fees) to the planning director. The application shall be received at least thirty (30) days prior to the date of which it is to be introduced to the planning board. The planning director shall be responsible for presenting the application to the planning board. The application provided by the planning department will be submitted by the applicant and contain:

a.

Signature of the property owner or affidavit of owner agency.

b.

The current zoning of the property and the requested zoning district.

c.

Property address and property identification number.

d.

Copy of the latest deed for the property.

e.

In the case of a partial rezoning or split zoning request, a survey of the property so that an accurate representation of the zoning district(s) can be made

2.

Planning board consideration. All proposed amendments to the zoning ordinance or zoning map shall be submitted to the planning board for review and comment. The planning board shall hold a public hearing to consider a proposed amendment. The planning board shall have thirty (30) days from the date of the public hearing to submit its written report to city council. While the planning board is encouraged to submit a written report to city council, it is not required to do so. If the planning board fails to submit a written report to city council within thirty (30) days of the public hearing, the city council may proceed in its consideration of the amendment without the planning board's written report. The city council is not bound by the recommendations, if any, of the planning board.

3.

City council consideration. Before adopting, amending, or repealing any proposed amendment to the zoning ordinance or zoning map, the city council shall hold a legislative hearing. The city council shall not hold its legislative hearing or take action until either (i) it has received written comment regarding the amendment from the planning board subject to the provisions in subsection 2 (Planning board consideration) above, or (ii) more than thirty (30) days has passed since the planning board's public hearing on the proposed amendment, whichever occurs first. Following its hearing, the city council may refer the proposed amendment back to the planning board for any further recommendation, adopt, modify and adopt, or reject the proposed amendment. Failure of the city council to take one (1) of the foregoing actions listed in this subsection within ninety (90) days of the planning board's public hearing on the proposed amendment shall be deemed a denial of the proposed amendment.

B.

Other provisions.

1.

Plan consistency. The planning board shall advise and comment on whether the proposed zoning map or text amendment is consistent with the Land Development Plan (LDP) or any other officially adopted plan that is applicable. The planning board shall provide a written recommendation to the city council that addresses plan consistency and other matters as deemed appropriate. A comment by the planning board that a proposed amendment is inconsistent with the LDP shall not preclude consideration or approval of the proposed amendment by the city council. If a zoning map amendment qualifies as a "large scale rezoning" under G.S. 160D-602(b), the planning board statement describing plan consistency may address the overall rezoning and describe how the analysis and policies in the relevant adopted plans were considered in the recommendation made.

2.

City council statement.

a.

When adopting or rejecting any proposed zoning map or text amendment, the city council shall also approve a statement describing whether its action is consistent or inconsistent with the LDP and other adopted plans that are applicable. The requirement for a plan consistency statement may also be met by a clear indication in the minutes of the city council that at the time of action on the amendment the city council was aware of and considered the planning board's recommendations and relevant portions of an adopted comprehensive plan. If a zoning map amendment is adopted and the action is deemed inconsistent with the LDP or other plan the zoning amendment shall have the effect of also amending any future land-use map in the approved plans, and no additional request or application for a plan amendment shall be required. A plan amendment and a zoning amendment may be considered concurrently.

b.

When adopting a zoning map amendment the city council shall provide a statement about why the action taken is reasonable and in the public interest. The statement of reasonableness may consider, among other factors,

•

the size of the physical conditions and other attributes of the area proposed to be rezoned,

•

the benefits and detriments to the landowners, the neighbors, and the surrounding community,

•

the relationship between the current actual and permissible development on the tract and adjoining areas and the development that would be permissible under the proposed amendment,

•

why the action taken is in the public interest,

•

any changed conditions warranting the amendment. If a zoning amendment qualifies as a "large -scale rezoning" under G.S. 160D-602(b), the governing board statement on reasonableness may address the overall rezoning.

3.

Notification requirements. Notification shall be provided as outlined below depending on the action being taken:

a.

Published notice for adopting, amending, or repealing development regulations. A notice of the hearing shall be given once a week for two (2) successive calendar weeks in a newspaper having general circulation in the area. The notice shall be published the first time not less than ten (10) days nor more than twenty-five (25) days before the date scheduled for the hearing. In computing such period, the day of publication is not to be included but the day of the hearing shall be included.

b.

Notice of hearings on proposed zoning map amendments for city council's legislative hearing and the planning board's hearing where noted.

1.

Mailed notice. The owners of affected parcels of land and the owners of all parcels of land abutting that parcel of land shall be mailed a notice of the hearing on a proposed zoning map amendment by first-class mail at the last addresses listed for such owners on the county tax abstracts. For the purpose of this section, properties are "abutting" even if separated by a street, railroad, or other transportation corridor. This notice must be deposited in the mail at least ten (10) but not more than twenty-five (25) days prior to the date of the hearing. Ahead of the planning board hearing concerning an application for a zoning map amendment, mailed notice will be provided to the owners of adjacent property.

2.

Posted notice. When a zoning map amendment is proposed, the local government shall prominently post a notice of the hearing on the site proposed for the amendment or on an adjacent public street or highway right-of-way. The notice shall be posted within the same time period specified for mailed notices of the hearing. When multiple parcels are included within a proposed zoning map amendment, a posting on each individual parcel is not required but the city shall post sufficient notices to provide reasonable notice to interested persons. Ahead of the planning board hearing concerning an application for a zoning map amendment, posted notice will be provided on the property that is the subject of the map amendment.

3.

Actual notice. Except for a government-initiated zoning map amendment, when an application is filed to request a zoning map amendment and that application is not made by the landowner or authorized agent, the applicant shall certify to the local government that the owner of the parcel of land as shown on the county tax listing has received actual notice of the proposed amendment and a copy of the notice of the hearing. Actual notice shall be provided in any manner permitted under G.S. 1A-1, Rule 4(j). If notice cannot with due diligence be achieved by personal delivery, certified mail, or by a designated delivery service authorized pursuant to 26 U.S.C. § 7502(f)(2), notice may be given by publication consistent with G.S. 1A-1, Rule 4(j1). The person or persons required to provide notice shall certify to the local government that actual notice has been provided, and such certificate shall be deemed conclusive in the absence of fraud.

4.

Optional notice for large-scale zoning map amendments. The first-class mail notice required under subsection (a) of this section shall not be required if the zoning map amendment proposes to change the zoning designation of more than fifty (50) properties, owned by at least fifty (50) different property owners, and the local government elects to use the expanded published notice provided for in this subsection. In this instance, a local government may elect to make the mailed notice provided for in subsection (a) of this section or, as an alternative, elect to publish notice of the hearing as required by G.S. 160D-601, provided that each advertisement shall not be less than one-half of a newspaper page in size. The advertisement shall only be effective for property owners who reside in the area of general circulation of the newspaper that publishes the notice. Property owners who reside outside of the newspaper circulation area, according to the address listed on the most recent property tax listing for the affected property, shall be notified according to the provisions of subsection (a) of this section.

5.

Notice for zoning map amendment and extraterritorial jurisdiction expansion. If the zoning map amendment is being proposed in conjunction with an expansion of municipal extraterritorial planning and development regulation jurisdiction under G.S. 160D-202, a single hearing on the zoning map amendment and the boundary amendment may be held. In this instance, the initial notice of the zoning map amendment hearing may be combined with the boundary hearing notice and the combined hearing notice mailed at least thirty (30) days prior to the hearing

4.

Miscellaneous.

a.

Adoption by ordinance. A development regulation adopted pursuant to this chapter shall be adopted by ordinance.

b.

Citizen comments. Subject to the limitations of this chapter, zoning regulations may from time to time be amended, supplemented, changed, modified, or repealed. If any resident or property owner in the local government submits a written statement regarding a proposed amendment, modification, or repeal to a zoning regulation, including a text or map amendment, to the city clerk at least two business days prior to the proposed vote by city council on such change, the city clerk shall deliver such written statement to the city council. If the proposed change is the subject of a quasi-judicial proceeding under G.S. 160D-705 or any other statute, the city clerk shall provide only the names and addresses of the individuals providing written comment, and the provision of such names and addresses to all members of the board of adjustment shall not disqualify any member of the board of adjustment from voting. (2019-111, s. 2.4.)

(Ord. No. 21-07, § 1, 6-04-07; Ord. No. 5-09, § 1, 2-2-09; Ord. No. 1-14, § 1, 1-6-14; Ord. No. 22-21, § 1, 4-5-21; Ord. No. 29-22, § 1, 6-6-22)

A.

Process.

1.

General. Conditional zoning is available to any of the general zoning classifications enumerated in this ordinance. Conditional zoning is a means by which the council, by designating a conditional district, may allow for the proper accommodation into the community of land uses which may be suitable only if such uses are designed in a particular manner in which site plans and individualized development conditions are agreed upon for the development. Property may be placed in a conditional district only in response to an application by the owner (or its authorized agent). The application shall describe all property to be considered for conditional zoning. Specific conditions applicable to the district may be proposed by the owner or the city but only those conditions mutually agreed to by the city and the owner shall be incorporated into the conditional zoning district. Conditions and site specific standards imposed in a conditional zoning district shall be limited to those that address the conformance of the development and use of the site to city ordinances, the Land Development Plan (LDP) and other officially adopted plan(s), and those that address the impacts reasonably expected to be generated by the development of the site.

2.

Application. An application for conditional zoning shall be submitted, reviewed, and acted upon in the same manner as a map amendment and other amendments to the zoning ordinance as provided in Article V, Section 50.1, "Changes and Amendments" except that the time for submittal shall be at least forty (40) days prior to the date of the planning board meeting. The application shall include information outlined in section 50.2C. and will be reviewed by city staff who will provide a comment letter concerning the submittal.

3.

Uses. No use shall be permitted except those enumerated in the ordinance adopting the conditional zoning.

4.

Conditions. All standards and requirements of the corresponding general use zoning district shall be met. The conditions imposed by the conditional district may be more or less restrictive than the standards of the corresponding general use zoning district.

B.

Modifications. Minor modifications to the approved conceptual plan may be reviewed and approved administratively. A minor modification is a change(s) to the plan that alters the placement of structures or driveways so that they are only moderately adjusted compared to the locations approved on the plans, adjustment to the height of structures that are less than ten (10) percent of the height of structures on approved plans, or expansions of the size of approved structures by five (5) percent or less. Minor modifications do not involve a change in permitted uses, changes in overall density or substantial changes to the configuration of the development that affect the operation or impacts of the development. Any other modification of the conditions and standards in a conditional zoning district shall be approved by the city council following this review process as an amendment to the conditional zoning ordinance. It will be at the sole discretion of the planning director whether the modification(s) proposed is of a minor nature or is substantial enough to require council review and approval.

C.

Submittal requirements for conditional zoning applications. The application for a conditional zoning request shall conform to the requirements as outlined in Section 50.1.A, and include a conceptual plan supplying information referenced on the development check list provided by the planning department, and a list of detailed conditions specific to the conditional zoning request.

(Ord. No. 39-19, § 1, 8-5-19; Ord. No. 22-21, § 1, 4-5-21)