(A)   Amendments to the text of the UDO or to the classifications of property appearing on the zoning map (i.e., to rezone property) may be made by the City Board of Commissioners in accordance with the provisions of this chapter.

   (B)   The purpose of text or zoning map amendments is not to relieve particular hardships, nor to confer special privileges or rights on any person, but only to make adjustments to ordinance text or to the zoning map that are necessary in light of changed conditions or changes in public policy, or that are necessary to advance the general welfare of the city.

   (C)   General rezoning requests shall be made in accordance with the provisions of §§ 160.02 through 160.10.

   (D)   Conditional zoning district requests shall be made in accordance with the provisions of § 160.12.

   (E)   Amendments to flood hazard zoning and flood hazard boundary maps shall be made in accordance with the provisions of § 160.14.

   (F)   As provided in G.S. § 160D-108(b), amendments, modifications, supplements, repeal or other changes in zoning regulations and restrictions and zone boundaries shall not be applicable or enforceable without consent of the owner with regard to buildings and uses for which either: a building permit has been issued pursuant to G.S. § 160D-1110 prior to the enactment of the ordinance making the change or changes as long as the permit remains valid and unexpired pursuant to G.S. § 160D-1111 and unrevoked pursuant to G.S. § 160D-1115; or a vested right has been established pursuant to G.S. §§ 160D-108 et seq. and the provisions of § 153.24 of this UDO and the vested right remains valid and unexpired.

   (G)   The review process for amendments to the text of the UDO or to the zoning map shall include all of the following:

      (1)   Planning and Inspections Department staff review and recommendation;

      (2)   Technical Review Committee review and recommendation;

      (3)   Planning Board review and recommendation in accordance with § 160.03; and

      (4)   Board of Commissioners review and action in accordance with § 160.04.

(Ord. passed 7-25-2011; Ord. 21-O-04, passed 6-28-2021)

   (A)   Applications. Any person, organization or one or more interested parties may petition the Board of Commissioners to amend the text of the UDO or zoning map. The petition shall be filed with the Zoning Administrator and shall include, among the other information deemed relevant by the Zoning Administrator:

      (1)   The name, address and phone number of the applicant (i.e., the party requesting the change);

      (2)   The type of amendment proposed UDO text amendment or zoning map Amendment; and

      (3)   For proposed text amendments, the following additional information is required:

         (a)   A statement of the present regulation and the proposed amendment to it;

         (b)   A summary of the specific objective of the proposed change;

         (c)   A disclosure from the applicant as to any properties, development plans or other holdings or interests that would be affected by the proposed text amendment; and

      (4)   For proposed rezonings (i.e., changes in zoning district boundaries or classifications), the following additional information is required:

         (a)   The name of all legal owner(s) of the parcel(s) to be affected by the proposed zone change, with the mailing address(es) of all owner(s).

            1.   When the owner is not an individual, then the rezoning application shall include a disclosure statement that indicates the type of entity involved, and the name and address of each person who holds 10% or more of the business entity.

            2.   When the owner is a publicly-owned business entity, then the rezoning application shall include a disclosure statement that indicates the name and address of each person who holds 25% or more of the business entity.

         (b)   A legal description of the property to be affected by the change, including the street addresses of all parcels to be affected by the change;

         (c)   A scaled map of the land affected by the amendment (i.e., the site);

         (d)   A description of the proposed map change, including:

            1.   The size (in acres) and location of current and proposed zoning districts on the site;

            2.   Existing land uses on the site as well as surrounding properties; and

            3.   Existing environmental resources on the site, including air, surface and ground water, noise, stormwater management, wildlife, endangered species and hazardous materials.

         (e)   A discussion of the reason and purpose for the proposed map change and the public benefits of the amendment;

         (f)   A detailed discussion of the potential impacts and effects of the proposed rezoning on:

            1.   Environmental resources listed in division (d) above;

            2.   Service providers, including public safety, education, recreation, transportation and utility facilities services; and

            3.   Surrounding properties.

         (g)   A statement as to whether or not the rezoning is in general conformity with the Comprehensive Land Use Plan (which is adopted as the city’s CAMA Land Use Plan) and other plans and policies officially adopted by the Board of Commissioners.

   (B)   Timing and fees. Petitions shall be submitted for review and recommendation at least 30 days prior to the next regularly scheduled meeting of the Planning Board. Petitions for amendments shall be submitted to the Zoning Administrator in accordance with a filing and fee schedule available at the Planning and Inspections Department. City initiated petitions shall be exempt from this fee.

   (C)   Application amendments. Once the application has been filed with the Planning and Inspections Department, no changes can be made to that application prior to the Board of Commissioners Public Hearing.

   (D)   Conditional Zoning Districts (CD) distinguished.

      (1)   Applications for the rezoning of property to a conditional zoning district are governed by the procedures set forth both in this section and also in § 160.12.

      (2)   An application for rezoning to a general use district shall not be converted into an application for rezoning to a conditional zoning district at any point in the application review process, nor shall an application for rezoning to a conditional zoning district be converted into an application for rezoning to a general use district. If such a conversion is desired, the applicant must submit a new application for rezoning to the other type of district in accordance with the requirements of this chapter.

(Ord. passed 7-25-2011; Ord. 21-O-04, passed 6-28-2021)

   (A)   Upon receipt of a petition for an amendment, the Zoning Administrator shall forward the request to the Technical Review Committee for its review.

   (B)   The Technical Review Committee (TRC) shall review the proposed amendment and submit its recommendation in writing to the Planning Board. The TRC is not required to make a recommendation on a proposed amendment within any specific period of time, but it should proceed as expeditiously as practical on petitions for amendments since inordinate delays can result in the petitioner incurring unnecessary costs.

   (C)   The Planning Board shall review the proposed amendment and the recommendation from the TRC and submit its own comments and recommendations in writing to the Board of Commissioners including a written recommendation addressing plan consistency and other matters as deemed appropriate. An ordinance that amends any of the provisions of the UDO may not be adopted until it has been referred to the Planning Board for its recommendation.

      (1)   If a zoning map amendment qualifies as a “large-scale rezoning,” the consistency statement may address the overall rezoning and describe how the analysis and policies in the Land Use Plan and other relevant adopted plans were considered in the recommendation made.

   (D)   The Planning Board is not required to make its recommendations on a proposed amendment within any specific period of time, but it should proceed as expeditiously as practical on petitions for amendments since inordinate delays can result in the petitioner incurring unnecessary costs. However, if no written report is received from the Planning Board within 30 days of referral of the amendment to that Board, the Board of Commissioners may act on the amendment without the Planning Board report.

   (E)   The Planning Board, at its discretion, may call for a legislative hearing or other public meeting on any proposed amendment to the UDO. The hearing shall be noticed consistent with § 160.05.

   (F)   In accordance with the requirements of G.S. § 160D-109(b), members of the Planning Board shall not vote on recommendations regarding any zoning map or text amendment where the outcome of the matter being considered is reasonably likely to have a direct, substantial and readily identifiable financial impact on the member or if the landowner of the property subject to the matter is a person with whom the member has a close familial, business or other associational relationship.

(Ord. passed 7-25-2011; Ord. 21-O-04, passed 6-28-2021)

   (A)   Upon receipt of a recommendation from the Planning Board, the Board of Commissioners shall set a date for a legislative hearing on the proposed amendment. The public notice required for the legislative hearing shall be in accordance with § 160.05.

   (B)   At the conclusion of a legislative hearing on the proposed amendment, the Board of Commissioners may proceed to vote on the proposed amendment, refer it to a committee for further study, or take any other action consistent with its usual rules of procedure.

   (C)   The Board of Commissioners is not bound by any recommendations of the Planning Board, Technical Review Committee or Planning Staff that are before it at the time it takes action on a proposed amendment.

   (D)   When adopting or rejecting any zoning amendment, the Board of Commissioners shall, in accordance with the provisions of G.S. § 160D-605, adopt a statement describing whether its action is consistent with an adopted comprehensive plan and any other officially adopted plan that is applicable and explaining why the Board considers the action taken to be reasonable and in the public interest.

      (1)   Per G.S. § 160D-605(a), this requirement may also be met by a clear indication in the minutes of the Board meeting that at the time of action on the amendment, the governing board was aware of and considered the Planning Board’s recommendations and any relevant portions of the Land Use Plan.

   (E)   When adopting or rejecting any petition for a zoning map amendment, the Board of Commissioners shall also approve a statement analyzing the reasonableness of the proposed rezoning, in accordance with the provisions of G.S. § 160D-605(b). The statement of reasonableness and the plan consistency statement may be approved as a single statement.

   (F)   Any comments from the Planning Board that the proposed amendment is inconsistent with the comprehensive plan shall not preclude consideration or approval of the proposed amendment by the Board of Commissioners. In addition, this consistency statement is not subject to judicial review.

   (G)   If the proposed map amendment is adopted and the action was deemed inconsistent with the City’s future land use plan, the amendment shall have the effect of also amending the future land use map in the plan. No additional request or application for a plan amendment shall be required. If the proposed zoning amendment is denied by the Board of Commissioners based on its inconsistency with the Land Use Plan, the applicant may request an amendment to the Land Use Plan. It should be noted that because the City’s Land Use Plan is its CAMA Land Use Plan, all proposed amendments to it must be approved by the Coastal Resources Commission (as required under the Coastal Area Management Act).

      (1)   If the Land Use Plan is deemed amended by virtue of adoption of a zoning amendment that is inconsistent with the Land Use Plan, the amendment shall be noted in the plan. However, since the City’s Land Use Plan is its CAMA Land Use Plan, the amendment shall not be effective until reviewed and approved by the Coastal Resources Commission (as required under the Coastal Area Management Act and G.S. § 160D-501(c)).

   (H)   The Board of Commissioners is not required to take final action on a proposed amendment within any specific period of time, but it should proceed as expeditiously as practical on petitions for amendments since inordinate delays can result in the petitioner incurring unnecessary costs.

   (I)   As required by G.S. § 160A-75, a development ordinance on which an legislative hearing must be held pursuant to G.S. § 160D-601 before adoption of the ordinance may be adopted on the day it is introduced by a simple majority.

(Ord. passed 7-25-2011; Ord. 21-O-04, passed 6-28-2021)

   (A)   An ordinance that amends any of the provisions of the UDO may not be adopted until a legislative hearing has been held on the ordinance.

   (B)   The Zoning Administrator shall publish a notice of the legislative hearing on any ordinance that amends the provisions of the UDO once a week for two successive weeks in a newspaper having general circulation in the city. The notice shall be published for the first time not less than ten days or more than 25 days before the date fixed for the public hearing. In computing this period, the date of publication shall not be counted but the date of the hearing shall be.

   (C)   With respect to map amendments, the Zoning Administrator shall provide first class mail notice of the legislative hearing to the record owners for tax purposes of all properties whose zoning classification is changed by the proposed amendment as well as the owners of all properties abutting the property rezoned by the amendment. For purposes of this section, properties are "abutting" even if separated by a street, railroad or other transportation corridor. The first class mail notice shall be deposited in the mail at least ten but not more than 25 days prior to the date of the hearing. The Zoning Administrator shall also post notices of the hearing on the property proposed to be rezoned in accordance with division (F) below and take any other action deemed by the Zoning Administrator to be useful or appropriate to give notice of the public hearing.

   (D)   The notice required in division (C) above shall not be required if the zoning map amendment qualifies as a "large-scale rezoning". In this instance, the city may elect, in lieu of the mail notice specified in division (C) above, to publish a notice of the hearing once a week for two consecutive weeks, published for the first time not less than ten days nor more than 25 days before the date fixed for the hearing. In computing this period, the date of publication shall not be counted but the date of the public hearing shall be. Each of the advertisements 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 which 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 division (C) above. The person or persons mailing the notices to abutting property owners, as defined in G.S. § 160D-602, shall certify to the Board of Commissioners that fact, and the certificate shall be deemed conclusive in the absence of fraud.

   (E)   The notice required or authorized by this section shall:

      (1)   State the date, time and place of the public hearing;

      (2)   Summarize the nature and character of the proposed change;

      (3)   If the proposed amendment involves a change in zoning district classification, reasonably identify the property whose classification would be affected by the amendment;

      (4)   State that the full text of the amendment and maps of the area proposed to be rezoned can be obtained from the Zoning Administrator; and

      (5)   State that substantial changes in the proposed amendment may be made following the public hearing.

   (F)   When a zoning map amendment is proposed, the city shall prominently post a notice of the public hearing on the site proposed for rezoning or on an adjacent public street or highway right-of-way 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.

   (G)   Where an application for a zoning map amendment is not made by the owner of the parcel of land to which the amendment would apply (except for city-initiated rezoning), the applicant must certify to the Board of Commissioners 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 public hearing. The person or persons required to provide notice shall certify to the Board of Commissioners that proper notice has been provided in fact and the certificate shall be deemed conclusive in the absence of fraud. Actual notice of the proposed amendment and a copy of the notice of public hearing required shall be by any manner permitted under this section.

      (1)   No amendment to zoning regulations or a zoning map that down-zones property shall be initiated without the written consent of all property owners whose property is the subject of the down-zoning amendment, unless the amendment is initiated by the City.

   (H)   For any property located within five miles of MCAS Cherry Point, written notice of the proposed changes shall be given to the base commander not less than ten (10) days nor more than 25 days in advance of any public hearing. Notice shall be provided by certified mail, return receipt requested. If the base commander provides comments or analysis regarding the compatibility of the proposed development regulation or amendment with military operations at the base, the Board of Commissioners shall take the comments and analysis into consideration before making a final determination.

(Ord. passed 7-25-2011; Ord. 21-O-04, passed 6-28-2021)

   (A)   Ultimate issue on amendments. In deciding whether to adopt a proposed amendment to the UDO, the central issue before the Board of Commissioners is whether the proposed amendment advances the public health, safety or welfare. All other issues are irrelevant, and all information related to other issues at the public hearing may be declared irrelevant by the Mayor and excluded. When considering proposed map amendments:

      (1)   Except for Conditional Zoning District requests submitted in accordance with § 160.12, the Board of Commissioners shall not consider any representations made by the petitioner that, if the change is granted, the property will be used for only one of the possible range of uses permitted in the requested classification. Rather, the Board of Commissioners shall consider whether the entire range of permitted uses in the requested classification is more appropriate than the range of uses in the existing classification.

      (2)   The Board of Commissioners shall not regard as controlling any advantages or disadvantages to the individual requesting the change, but shall consider the impact of the proposed change on the public at large.

   (B)   Approval criteria for text amendments. In reviewing applications to amend the text of the UDO, the Board of Commissioners should consider the following criteria:

      (1)   Whether the proposed amendment corrects an ambiguity or error or meets the challenge of some changing condition, trend or fact;

      (2)   Whether the proposed amendment is consistent with the city’s CAMA Comprehensive Land Use Plan and the stated purposes of the UDO;

      (3)   Whether the proposed amendment will protect the health, safety, morals or general welfare of the public; and

      (4)   Whether the proposed amendment will result in significant adverse impacts on the natural environment, including air, water, noise, stormwater management, wildlife and vegetation.

   (C)   Approval criteria for map amendments. In reviewing proposed rezonings, the Board of Commissioners should consider the following criteria:

      (1)   Whether the proposed rezoning corrects an error or meets the challenge of some changing condition, trend or fact;

      (2)   Whether the proposed rezoning is consistent with the city’s CAMA Comprehensive Land Use Plan and the purposes set forth in the UDO;

      (3)   Whether the city and other service providers will be able to provide sufficient public safety, educational, recreational, transportation and utility facilities and services to the subject property, while maintaining sufficient levels of service to existing development;

      (4)   Whether the proposed rezoning is unlikely to have significant adverse impacts on the natural environment, including air, water, noise, stormwater management, wildlife and vegetation;

      (5)   Whether the proposed rezoning will not have significant adverse impacts on other property in the vicinity of the subject tract; and

      (6)   Whether the proposed zoning classification is suitable for the subject property.

(Ord. passed 7-25-2011)

   If any resident or property owner in the City’s jurisdiction submits a written statement regarding a proposed amendment, modification, or repeal to a zoning regulation, including a text or map amendment that has been properly initiated to the City Clerk at least two (2) business days prior to the date of the legislative hearing, the City Clerk shall deliver such written statement to the Board of Commissioners.

(Ord. 21-O-04, passed 6-28-2021)

   The petitioner shall have the right to withdraw, in writing, an amendment petition at any time prior to a final decision by the Board of Commissioners. However, petitions that have been withdrawn shall be reconsidered only as a new petition and shall adhere to the submission and review requirements of §§ 160.01 through 160.05.

(Ord. passed 7-25-2011)

   (A)   In the event a proposed change in the zoning classification of a tract or parcel of land shall be denied by the Board of Commissioners or has been withdrawn by the applicant after notice has been given of the public hearing on the application, a request for the same or substantially the same zoning classification change may not be resubmitted for the same property or a portion of the property, either to the Board of Commissioners or to the Planning Board, until the expiration of 180 days following the date of the Board of Commissioners action denying the proposed change or applicant’s withdrawal of petition.

   (B)   The only exception to the waiting period defined in division (A) above is a resubmitted petition that sufficiently amends the proposal to address the comments and concerns expressed by the BOC in denying the initial submittal.

(Ord. passed 7-25-2011)

   (A)   Within five working days of any action by the Board of Commissioners on an amendment petition, notice of that action shall be sent by first-class mail to the petitioner and any other persons who have indicated to the Zoning Administrator, in writing, that they would like the decision mailed to them.

   (B)   Additionally, within 15 days after the effective date of a zoning change to commercial or industrial zones within 660 feet of the right-of-way of an interstate or primary highway, written notice by registered mail shall be sent to the Raleigh offices of the State Department of Transportation in accordance with G.S. §§ 136-136 and 136-153.

(Ord. passed 7-25-2011)

   (A)   City-initiated comprehensive rezonings shall follow the procedures and notification requirements in §§ 160.02 through 160.10.

(Ord. passed 7-25-2011; Ord. 21-O-04, passed 6-28-2021)

   (A)   Purpose.

      (1)   Conditional zoning districts are applicable if the regulations and restrictions of a general use zoning district are inadequate to ensure the compatibility of the proposed development with the immediately surrounding neighborhood in accordance with the principles of the City’s Comprehensive Land Use Plan and the UDO. In these circumstances, a general zoning district designation allowing a use by right would not be appropriate for a particular property even though the use itself could, if properly planned, be appropriate for the property consistent with the objectives of the UDO and adopted land development plan, comprehensive plan, transportation and corridor plans, small area plans and other land use and transportation policy documents.

      (2)   The rezoning process established in this section provides for the accommodation of the uses by a reclassification of property into a conditional zoning district, subject to additional conditions which ensure compatibility of the proposed use with the use and enjoyment of neighboring properties. A conditional zoning district bears the same designation as a general use zoning district but is a conditional zoning district subject to additional conditions in which limited uses are permitted and that are contained in the ordinance approving the conditional zoning district. A conditional zoning district allows a particular use or uses to be established only in accordance with specified standards and conditions tailored to each individual development project. The districts also can be used to implement environmental mitigation measures to avoid or minimize the impacts of the project, as determined through the analysis required in § 160.02(A). This is a voluntary rezoning procedure that is intended for firm development proposals. It is not intended or suited for securing early zoning for tentative proposals that may not be undertaken for some time.

      (3)   Conditional zoning districts parallel general use zoning districts. Only those land uses (including uses by right, special uses and those uses identified as CD in Table 155-8 Table of Permitted Uses) permitted in a general use zoning district to which a conditional zoning district corresponds shall be allowed. All requirements of any corresponding general use district and all other requirements of the UDO apply to a conditional zoning district except to the extent that the approved rules, regulations and conditions included in the petition for rezoning are more restrictive than the general use district requirements.

   (B)   Process required.

      (1)   A person petitioning for rezoning of a tract of land may elect to request a conditional zoning district for that tract. The conditional zoning district application must specify the actual use or uses, and all other development regulations authorized by state law, which are intended for the property specified in the petition. The intended use or uses and development regulations must be permitted in the corresponding general use district.

      (2)   The Board of Commissioners is to approve or disapprove the application on the basis of the specific use or uses and development regulations requested. Development in a conditional zoning district requires approval of a single application similar to a general use district rezoning application.

      (3)   Property may be placed in a conditional zoning district only in response to a petition signed by the owners of all the property to be included or by an agent authorized by all of the owners to file the application. A petition for conditional zoning shall include:

         (a)   A master site plan prepared in accordance with Appendix A;

         (b)   Written supporting documentation that specifies the actual use or uses proposed for the property;

         (c)   Proposed rules, regulations, and conditions that, in addition to all predetermined requirements of this UDO, will govern the development and use of the property; and

         (d)   A statement analyzing the reasonableness of the proposed rezoning.

      (4)   During its initial review of a conditional zoning petition, the Planning Board shall consider whether or not a community informational meeting, to be organized and conducted by the petitioner, would be beneficial to making project information available to those most likely to be impacted by the proposed zoning change. If the Planning Board concludes that a community informational meeting should be held, the petitioner shall conduct such meeting in accordance with the following provisions.

         (a)   The community informational meeting shall be held prior to the date of the next Planning Board meeting at which the petition will be reviewed.

         (b)   Written notice of such a meeting shall be given to the property owners and organizations entitled to notice as determined by policies established by the city.

         (c)   The petitioner shall file a written report of the community informational meeting with the Zoning Administrator. The petitioner’s report shall include, among other things, a listing of those persons and organizations contacted about the meeting and the manner and date of contact; the date; time and location of the meeting; a roster of the names, mailing addresses, and telephone numbers of the persons in attendance at the meeting; a summary of issues discussed at the meeting; and a description of any changes to the rezoning petition made by the petitioner as a result of the meeting.

         (d)   The purpose of the community informational meeting is to:

            1.   Provide specific information regarding the proposed development including but not limited to a description of the proposed use(s) of the property, the proposed density and intensity of land uses, the location and arrangement of the proposed land use(s) on the property, the proposed development schedule, and proposed regulations or conditions, in addition to those required by this Ordinance, that will govern the development and use of the property; and

            2.   To receive comments and input from citizens likely to be impacted by the proposed zoning change and subsequent development of the property.

         (e)   In the event the petitioner has not held at least one meeting pursuant to this section, the petitioner shall file a report with the Zoning Administrator documenting efforts that were made to arrange such a meeting and stating the reasons such a meeting was not held.

         (f)   The adequacy of a meeting held or report filed pursuant to this section shall be considered by the Board of Commissioners but shall not be subject to judicial review.

      (5)   Review and approval process. The review and approval process for conditional zoning district petitions involves a legislative hearing and legislative decision by the Board of Commissioners. The review of conditional zoning district petitions shall be undertaken in accordance with the provisions of §§ 160.02 through 160.10, as modified by this section.

         (a)   In the course of evaluating the proposed use, the Board of Commissioners may request additional information deemed appropriate to provide a complete analysis of the proposal.

         (b)   Conditional zoning district decisions are subject to judicial review using the same procedures and standard of review applicable to general use district zoning decisions.

         (c)   Conditional zoning district decisions shall be made in consideration of identified relevant adopted land use plans for the area, including, but not limited to, land development plans, comprehensive plans, strategic plans, district plans, small area plans, transportation and corridor plans and other land development policy documents.

         (d)   If the conditional zoning district application is approved, the Board of Commissioners shall authorize the requested use with reasonable conditions as mutually agreed to in writing by the applicant and Board of Commissioners and determined to be desirable in promoting public health, safety and general welfare.

      (6)   Conditions to approval. Specific conditions applicable to the conditional zoning districts may be proposed by the petitioner or the city or its agencies, but only those conditions mutually agreed to in writing by the city and the petitioner may be incorporated into the zoning regulations or permit requirements.

         (a)   The conditional district rezoning application shall specify the use or uses that are intended for the property, as well as any additional conditions on the use of the property that the applicant may propose be conditions of the rezoning. Conditions and site-specific standards imposed in a conditional zoning district shall be limited to:

            1.   Those that address conformance of the development and use of the site to ordinances and officially adopted plans and

            2.   Those that address the impacts reasonably expected to be generated by the development or use of the site.

         (b)   Any such conditions should relate to the relationship of the proposed use to surrounding property, proposed support facilities such as parking areas and driveways, pedestrian and vehicular circulation systems, screening and buffer areas, the timing of development, street and right-of-way improvements, water and sewer improvements, stormwater drainage, the provision of open space, the mitigation of environmental impacts, and other matters that the Board of Commissioners may find appropriate or the petitioner may propose.

         (c)   Such conditions to approval of the petition may include dedication to the city or state, as appropriate, of any rights-of-way or easements for streets, water, sewer or other public utilities necessary to serve the proposed development.

         (d)   No condition shall be less restrictive than the standards of the general use district or the standards of any overlay district that applies to the property.

         (e)   No condition shall be made part of the application, or shall be attached to approval of the conditional zoning district, which specifies the ownership status, race, religion or character of the occupants of housing units, the minimum value of improvements, or any illegal exclusionary device; or which states that the use of the property will not be subject to regulations or restrictions set forth in the UDO which would apply to the property in any event, such as the regulations for an overlay district which covers the property.

         (f)   If for any reason any condition for approval is found to be illegal or invalid or if the petitioner should fail to carry out any condition in the written and signed agreement, the approval of the site plan for the district shall be null and void and of no effect and proceedings shall be instituted by the city to rezone the property to its previous zoning classification or to another zoning district.

         (g)   The conditions shall be agreed upon, put in writing, and signed by both the petitioner and City upon final approval of the rezoning by the Board of Commissioners.

         (h)   After the city has delivered to the newspaper the notice of public hearing for the application, the applicant shall make no changes in the conditions that are less restrictive than those stated in the application, including, but not limited to, smaller setbacks; more dwelling or rooming units; greater height; more access points; new uses; and fewer improvements. However, more restrictive conditions or additional conditions may be added to the application if the conditions are received by the Planning and Inspections Department in writing and signed by all owners of the property at least ten working days before the date scheduled for final Board of Commissioners action on the application.

      (7)   Effect of approval. If a petition for conditional zoning is approved, the development and use of the property shall be governed by the predetermined ordinance requirements applicable to the district’s classification, the approved site plan or master plan for the district, and any additional approved rules, regulations and conditions, all of which shall constitute the zoning regulations for the approved district and are binding on the property as an amendment to this Ordinance and to the zoning map.

         (a)   If a petition is approved, only those uses and structures indicated in the approved petition and site plan shall be allowed on the subject property. A change of location of the structures may be authorized pursuant to division (B)(8) below provided that the change in building layout does not result in an increase in the number of structures.

         (b)   Following the approval of the petition for a conditional zoning district, the subject property shall be identified on the zoning map by the appropriate district designation. A conditional zoning district shall be identified by the same designation as the underlying general district followed by the letters “CD” (for example, “R-20 (CD)”).

         (c)   No permit shall be issued for any development activity within a conditional zoning district except in accordance with the approved petition and site plan for the district.

         (d)   Any violation of the approved site plan or any rules, regulations and conditions for the district shall be treated the same as any other violation of the UDO and shall be subject to the same remedies and penalties as any such violation.

      (8)   Alterations to approval. Except as provided in division (B)(8)(a) below, changes to an approved petition or to the conditions attached to the approved petition shall be considered a change to the conditional zoning district and shall be processed as a new conditional zoning application in accordance with the procedures set forth in this section.

         (a)   The Zoning Administrator shall have the delegated authority to approve administrative minor modifications to an approved site plan. The Zoning Administrator shall have no authority to amend the conditions of approval of a petition. Any decision by the Zoning Administrator must be in writing stating the grounds for approval or denial. Minor modifications shall be limited to changes that the Zoning Administrator determines would not:

            1.   Change the gross square footage of nonresidential development by more than 5%;

            2.   Change the lot coverage by more than 5%;

            3.   Change any use or density;

            4.   Adjust the landscaping requirements by more than 10%; or

            5.   Adjust the required parking more than 5%.

         (b)   The Zoning Administrator, however, shall always have the discretion to decline to exercise the delegated authority either because he or she is uncertain about approval of the change pursuant to the standard or because a rezoning petition for a legislative hearing and Board of Commissioners consideration is deemed appropriate under the circumstances. If the Zoning Administrator declines to exercise this authority, the applicant may file a rezoning petition for a legislative hearing and Board of Commissioners decision in accordance with the provisions delineated in §§ 160.02 through 160.10.

         (c)   Any request for an administrative modification shall be pursuant to a written letter, signed by the owners of all of the property affected by the proposed change, detailing the requested change. Upon request, the applicant shall provide any additional information as deemed necessary by the Zoning Administrator. Upon an approval of an administrative modification, the applicant shall file a sufficient number of copies of the revised site plan as deemed necessary by the Zoning Administrator.

         (d)   If the Zoning Administrator denies approval of the requested administrative modification, the applicant may file a rezoning petition for a legislative hearing and Board of Commissioners decision in accordance with the provisions delineated in §§ 160.02 through 160.10.

      (9)   Review of approved Conditional Zoning Districts. It is intended that property shall be reclassified to a conditional zoning district only in the event of firm plans to develop the property. Therefore, no sooner than two years after the date of approval of the petition, the Planning Board may examine the progress made toward developing the property in accordance with the approved petition and any conditions attached to the approval.

         (a)   If the Planning Board determines that substantial progress has not been made in accordance with the approved petition and conditions, the Planning Board shall forward to the Board of Commissioners a report which may recommend that the property be rezoned to its previous zoning classification or to another zoning district. If the Board of Commissioners concurs with the Planning Board’s recommendation, the Board of Commissioners may initiate the rezoning of the property in accordance with the procedures delineated in §§ 160.02 through 160.10.

         (b)   If the Planning Board determines that substantial progress has been made to develop the property, the Planning Board may recommend that an extension of time be granted. The Board of Commissioners, after reviewing the recommendation of the Planning Board, may approve an extension of time not to exceed an additional 12 months. Approval of such a time extension by the Board of Commissioners may be made without conducting a formal public hearing.

         (c)   If, after the expiration of the extended time period, the Planning Board determines that no substantial progress has been made and the Board of Commissioners concurs with that determination, the Board of Commissioners shall proceed to: conduct a legislative hearing on the matter to evaluate whether or not another extension of time is warranted; or initiate the rezoning of the property to its previous zoning classification or to another zoning classification using the procedures delineated in §§ 160.02 through 160.10.

         (d)   For purposes of this section, examples of substantial progress may include: the approval of construction plans for streets, utilities and other infrastructure; the initiation of land preparation activities such as clearing and grading; the initiation of the construction of the principal building(s); and the initiation of the construction of streets, utilities, other infrastructure or required site amenities.

(Ord. passed 7-25-2011; Ord. 21-O-04, passed 6-28-2021)

   (A)   Purpose. 

      (1)   Nontraditional residential lot developments as listed in § 155.02(D), are intended to permit and encourage, on application and approval of detailed development plans, establishment of new developments for specified purposes where tracts of land suitable in location, area and character are to be planned and developed as a whole and in a unified manner.

      (2)   The nontraditional residential lot development process established in this section provides for the accommodation of the uses by a reclassification of a property into a conditional zoning district, subject to regulations and conditions specified in the developer’s master plan. The approved master plan and associated preliminary and final site plans shall be the basis for control of land development within the conditional zoning district.

      (3)   Applications requesting a rezoning to a conditional zoning district (CD) classification shall be submitted in accordance with the general rezoning procedures set forth in §§ 160.02 through 160.10, as modified by the specific procedures set forth in this section.

      (4)   Rezoning to a CD is a voluntary rezoning procedure that is intended for firm development proposals. It is not intended or suited for securing early zoning for tentative proposals that may not be undertaken for some time.

      (5)   The Technical Review Committee, Planning Board and Board of Commissioners shall review the master land use plan, proposed CD change application and preliminary and final site plans for consistency with the City CAMA Comprehensive Land Use Plan, as well as compliance with this chapter and all other chapters of the UDO, including 154 through 158. The nontraditional lot development shall provide appropriate relationships between uses around the boundaries and uses within the development so as to ensure that no property will be adversely affected.

      (6)   A nontraditional residential lot development shall be approved as Conditional Zoning District designation , pursuant to nontraditional lot development regulations specified in § 154.03, the development standards and use regulations defined in Chapter 155, all applicable environmental regulations of Chapters 50 through 54 and 156, and all applicable general regulations set forth in Chapter 157.

      (7)   Where nontraditional residential lot developments are permitted, regulations adapted to the unified development (through an approved master plan) are intended to accomplish the purposes of zoning and subdivision regulations and other applicable regulations to the same degree as in cases in which those regulations are intended to control development on a lot-by-lot rather than unified basis.

      (8)   Approval for construction of any on-site or off-site improvements in a nontraditional lot development shall not be granted until a master plan and preliminary and final site plans for the development are approved in accordance with the procedures and requirements of this section.

   (B)   Process required.

      (1)   Conditional zoning district and master plan process.

         (a)   The applicant shall submit to the Zoning Administrator 11 copies of a conditional zoning district application, a proposed master land use plan containing all elements listed in division (B)(2) below, and all supplementary materials requested by the Zoning Administrator.

         (b)   All requirements and provisions of §§ 160.02 through 160.10 shall be followed, whereby the master land use plan shall be reviewed concurrently with and approved as part of the nontraditional lot development application.

         (c)   After the city has delivered to the newspaper the notice of public hearing for the application, the applicant shall make no changes to the conditions that are less restrictive than those stated in the application, including, but not limited to, smaller setbacks; more dwelling or rooming units; greater height; more access points; new uses; and fewer improvements. However, more restrictive conditions or additional conditions may be added to the application if the conditions are received by the Planning Department in writing and signed by all owners of the property at least ten working days before the date scheduled for final Board of Commissioners action on the application.

      (2)   Master plan contents.

         (a)   The master plan shall be mapped to one inch equals 100 feet scale or larger and show the proposed development and how it relates to its surroundings, including the following information:

            1.   The location of major building types;

            2.   Total acreage of the development as well as each legal parcel being combined to create the district, plus the acreage for each distinct development area planned within the district;

            3.   Major traffic, parking and pedestrian circulation plans within the development;

            4.   Major physical features including soils, topography, existing structures and uses, drainage, flora and fauna, and other physical information to help describe the suitability of the site for planned development;

            5.   Ownership arrangements for the development, both present and planned;

            6.   Planned open space, parks and active recreation areas to be preserved or developed either by the developer, through a homeowners association, by dedication to the city or county for their development or by reservation for the city or county as is required by the subdivision regulations;

            7.   Landscaping (buffer yard/ street yard);

            8.   Sketch plans for construction of water and sewage disposal systems to comply with city standards, and the appropriate state and county authorizing agency;

            9.   Sketch plans for access of firefighting equipment and refuse disposal such as compactors and waste disposal dumpsters;

            10.   Sketch plans for underground utilities and lighting; and

            11.   Sketch plans for adequate underground storm drainage systems.

         (b)   A Letter of Intent, which describes the following:

            1.   Anticipated time frame for starting and completing any and all phases of the development;

            2.   Number and types of buildings and uses anticipated in each;

            3.   Quantitative data, including acreages of all current and proposed parcels, and acreages of each proposed land use and type;

            4.   A description (legal) of the total site proposed for development including the names and addresses of adjacent property owners;

            5.   Planned organizational arrangements for providing for ownership, maintenance and preservation of common open space, and other property;

            6.   Anticipated gross and net residential densities (units per acre);

            7.   Anticipated architectural housing style and mixing of types;

            8.   Anticipated commercial elements; and

            9.   Any other anticipated nonresidential elements such as:

               a.   Approximate percentage of land to be covered by buildings and parking areas; and

               b.   Proposed uses, number, architectural style and types of all buildings.

      (3)   Preliminary site plan process.

         (a)   Submittal.

            1.   After the required master plan has been approved by the Board of Commissioners, the developer shall submit 11 copies of a preliminary site plan, containing all elements listed in division (B)(4) below, to the Zoning Administrator.

            2.   The Zoning Administrator shall forward the preliminary site plan to the TRC for its review.

         (b)   Technical Review Committee (TRC). The TRC shall review the preliminary site plan according to § 160.13(A)(5) as well as whether the plan is conforms to the adopted Master Plan associated with the conditional zoning district request, and submit its recommendation in writing to the Planning Board.

         (c)   Planning Board.

            1.   The developer or his or her agent shall come to the Planning Board meeting to assist the Board in reviewing the preliminary site plan.

            2.   Before recommending approval of a preliminary site plan, the Planning Board may make reasonable additional requirements in cooperation with the developer and concerning, but not limited to: elements of the plan that are not consistent with the master plan and conditional zoning district request, the limitations of uses, unit densities, planned landscaping, paving and location of access ways, taking into consideration the character of the surrounding area so as to provide proper transition of land uses that will fit into the city’s land development plan.

            3.   The Planning Board shall discuss with the developer changes deemed advisable, if any, and the kind and extent of improvements to be made by the developer. The Planning Board may require the developer to revise the plan before it is submitted to the Board of Commissioners.

            4.   After discussing the proposed site plan with the developer, evaluating the plan pursuant to G.S. § 160.13(A)(5), as well as the master plan for the property, and considering the recommendations and comments from the Technical Review Committee, the Planning Board will forward the preliminary site plan along with its own comments and recommendations to the Board of Commissioners which shall approve, approve conditionally, or disapprove the preliminary plan.

         (d)   Board of Commissioners.

            1.   The Board of Commissioners shall approve, approve conditionally, or disapprove the preliminary plan.

            2.   If the preliminary site plan is approved by the Board of Commissioners, approval shall be noted on two prints of the plan by the Board of Commissioners. One print of the plan shall be transmitted to the developer and the second approved print shall be retained by the Board of Commissioners.

            3.   In the case of conditional approval, the reasons for conditional approval and the conditions to be met shall be specified in writing. One copy of the reasons and conditions, along with one print of the plan, shall be retained by the Board of Commissioners and a print of the plan with the reasons for conditional approval shall be given to the developer and the Planning Board. The Board of Commissioners may require the developer to submit a revised preliminary site plan including the recommended changes before approving the plan.

            4.   Upon approval or conditional approval of the preliminary site plan by the Board of Commissioners, the developer may proceed with the installation or arrangement of the required improvements in accordance with the preliminary site plan as approved and the requirements of this chapter, and with the preparation of the final site plan.

            5.   When a preliminary site plan is disapproved, the Board of Commissioners shall specify the reasons for the action in writing. One copy of the reasons and one print shall be retained by the Board of Commissioners, and a print of the plan with the reasons for disapproval shall be given to the developer and the Planning Board.

         (e)   Timing. The Technical Review Committee, Planning Board and Board of Commissioners are not required to make their recommendations or decisions on a proposed preliminary site plan within any specific period of time, but it should proceed as expeditiously as practical since inordinate delays can result in the petitioner incurring unnecessary costs.

      (4)   Preliminary site plan contents.

         (a)   Phased development. When a nontraditional lot development is to be developed in stages, the preliminary site plan shall be submitted for the entire development. A final site plan (see division (B)(5)) may be submitted for each stage.

         (b)   The preliminary site plan shall be prepared in accordance with Appendix A.

         (c)   Supplementary materials that must accompany the preliminary site plan:

            1.   A copy of the restrictive or protective covenants applicable to the development;

            2.   The proposed plans for land clearance (unless waived by the Planning Board);

            3.   Public water supply system plans, including the layout and details of mains, approved by a registered engineer licensed to practice in the state;

            4.   Method of surveying roads, access map, and parking areas;

            5.   An architectural design sketch of how a typical building will look after completion, or a preliminary architectural design sketch of how the whole project will look after completion, or a photographic display of a similar completed development that the applicant has already been involved with, or equivalent information;

            6.   Copies of any declaration to be recorded pursuant to the North Carolina Condominium Act;

            7.   For all condominium projects or similar cooperative ownership projects - a copy of the condominium documentation;

            8.   For all townhouses or row houses in condominium projects - a copy of the proposed restrictive covenants, easements for the common walls and a copy of the proposed deed for sale of a unit; and

            9.   For all rental or leased units or buildings - a declaration by the developer or owner of the provisions for maintaining the development.

      (5)   Final site plan process.

         (a)   Submittal.

            1.   Upon the installation or suitable guarantee of the improvements shown in the approved preliminary site plan, as is provided in Chapter 158, the applicant shall submit a final site plan of the area.

            2.   The developer shall submit one original and 11 copies of the final site plan, constituting that portion of the approved preliminary site plan that he or she proposes to record and develop first.

            3.   The one original and 11 copies of the final site plan shall be submitted to the Zoning Administrator within 12 months after approval of the preliminary site plan, otherwise, the preliminary site plan approval shall become null and void unless an extension of time is applied for and granted by the Planning Board.

         (b)   Purpose.

            1.   The purpose of this final site plan is to review and check the improvements (installed or guaranteed) by comparing the approved preliminary site plan to the final site plan.

            2.   All improvements must be installed or guaranteed in accordance with Chapter 158 prior to approval of the final site plan.

         (c)   Technical Review Committee.

            1.   Technical Review Committee (TRC) shall check the final site plan against the approved preliminary site plan.

            2.   The TRC shall check the final site plan in the field or it may appoint an engineer to check the final site plan against the developer’s actual layout for correctness, charging the costs to the subdivider if the plat is found to be in error.

            3.   The TRC will submit the conclusions of its review in writing to the Planning and Inspections Director for final action.

         (d)   Planning and Inspections Director.

            1.   The final site plan, along with the conclusions of the Technical Review Committee, shall be reviewed by the Planning and Inspections Director.

            2.   If the final site plan is found to be in compliance with this chapter as well as other applicable chapters, including Chapter 158, the Planning and Inspections Director shall either approve or disapprove the plan.

            3.   If the final site plan is not in compliance with this chapter, or the Planning and Inspections Director does not approve the changes from the approved preliminary site plan, the developer shall be given an opportunity to submit a revised final site plan.

            4.   If a revised final site plan is not submitted within 60 days, the final site plan shall be void.

            5.   Approval of the final site plan by the Planning and Inspections Director is authorization for the developer to file the final site plan with the Register of Deeds of the county for recording.

            6.   Approval by the Planning and Inspections Director shall be noted on the appropriate certificate on five copies of the final site plan and the original.

               a.   No final site plan shall be approved until all required improvements are installed, or suitable arrangements have been made to ensure installation and the certificates required by this chapter to appear on the final site plan have been properly filled out and signed.

               b.   The developer shall file the approved final site plan with the Register of Deeds within 90 days after the approval of the Planning and Inspections Director or the approval shall be void.

               c.   If the Planning and Inspections Director should disapprove the final site plan, the reasons for the action shall be stated in writing. One copy of the reasons with the original drawing and remaining prints of the proposed planned development shall be transmitted to the developer.

      (6)   Final site plan contents.

         (a)   The final site plan shall be prepared by a registered surveyor and/or engineer in accordance with Appendix A.

         (b)   The final site plan shall show or be accompanied by the additional, supplementary materials and certifications in accordance with Appendix A.

   (C)   Building permits and certificates of compliance.

      (1)   Prior to a building permit being issued for the construction of any building or structure of a nontraditional lot development, there shall have been recorded in the office of the County Register of Deeds the final site plan of the property, or approved section thereof.

      (2)   Upon approval and filing of final site plans and reports with the Register of Deeds, building permits shall be issued in the same manner as for building permits generally, provided that any requirements concerning the order or location in which building permits are to be issued in the particular nontraditional lot project area shall be observed. The intent of the building permit is to enable the execution of the final site plan in the field. During this phase, all field work shall be in accordance with the approved plan. It shall be the responsibility of the developer to inform the various city and county inspection officials as to the progress of field work so that timely inspections may be made.

      (3)   The Planning and Inspections Director is authorized to issue a certificate of compliance after completion of each section of the project. The certificate of compliance shall be issued only after the administrator is satisfied that all work has been executed as outlined in that section of the approved final site plan and in accord with this chapter.

      (4)   Upon receipt of the certificate of compliance, the permittee is duly authorized to begin the sale, rental or leasing of the completed sections of the project in any way that is not contrary to the provisions of this chapter.

      (5)   If it is provided in the final site plan that it is desirable to occupy a portion or section of the project prior to the completion of all site improvements as provided in the city subdivision regulations, a bond acceptable to the Board of Commissioners in an amount sufficient to complete the improvements on all started sections shall be posted with the Board of Commissioners. These agreements shall be made in conformance with the same provisions as required in Chapter 158.

      (6)    Changes in approved final site plans may be permitted by the Planning Board on application by the original applicant or successors in interest, but only on a finding that the changes are in accord with all regulations in effect at the time the final site plan was approved, and in accord with the general interest and purpose of the City Land Use Plan in effect at the time, provided that the applicant may elect to proceed in accord with the regulations and land use plan currently in effect. Changes other than as indicated above shall be made only by a new conditional zoning district application for the development.

(Ord. passed 7-25-2011; Ord. 21-O-04, passed 6-28-2021)

   (A)   All requests for revisions of areas of special flood hazard boundaries and base flood elevations shall be reviewed and approved by the Federal Emergency Management Agency.

   (B)   The existing location of any area of special flood hazard as defined in Chapter 156 may be amended in cases where:

      (1)   A flood control project of the federal, state, city or municipal government has substantially altered the flood hazard;

      (2)   Flood data indicates that the boundaries of either of the areas as shown on the official flood boundary and floodway map are no longer correct; or

      (3)   A private individual, corporation, firm or municipal agency has submitted plans for a channel improvement or relocation requiring an amendment to the official flood hazard boundary map.

(Ord. passed 7-25-2011; Ord. 21-O-04, passed 6-28-2021)