The Jamestown Town Council may amend, supplement, modify, or repeal any provision of this ordinance or amend the zoning maps according to the procedures established by G.S. § 160D-601 through 160D-6605. Such amendments shall be evaluated for compliance with the Town's comprehensive plan and other applicable adopted plans and may require a comprehensive plan amendment to ensure compatibility between the plan and the amendment. Amendments and modifications shall be acted upon by the town council, after recommendation from the planning board.

Proposed changes or amendments to the text of this Code may be initiated by the Jamestown Town Council, the Jamestown Planning Board, the board of adjustment, the planning director, any owner of a legal or equitable interest in land located in the Town or its extraterritorial jurisdiction, or any resident of the Town or its extraterritorial jurisdiction. Proposed zoning map amendments may be initiated by the Jamestown Town Council, the Jamestown Planning Board, the board of adjustment, the planning department, or any owner of a legal or equitable interest in the property for which the map amendment is requested. Any map amendment which decreases development density ("down-zoning") or reduces the range of uses permitted may only be initiated by the Town or upon written application by all of the property owners to which such map amendment would apply. (G.S. § 160D-601).

5.3-1.

Initiation of application.

(A)

Pre-filing meeting. Before filing a petition for an amendment, an applicant shall meet with the planning department to discuss the proposed amendment or request and to become more familiar with the applicable requirements and approval procedures.

(B)

Neighborhood meeting. It is highly recommended that the applicant for a zoning map amendment (rezoning) meet with representatives of the nearby community for which the map amendment (rezoning) is proposed. This meeting, which should be held at the pre-application stage, will allow the applicant to explain the proposed map amendment (rezoning) and to be informed of the concerns of the neighborhood. Planning staff shall require the applicant to notify property owners within a 500-foot radius of such a meeting.

(C)

Filing.

1.

A petition requesting an amendment or a zoning study shall be filed with the planning department on a form provided by the staff.

2.

Applicable fees shall be payable as set forth by the Jamestown Town Council.

3.

Petitions must be submitted by 12:00 noon on the second Friday of the month in order for the petition to be heard at the meeting of the Jamestown Planning Board scheduled at least 30 days later. Complex requests may be required to be scheduled for a future meeting date to permit staff the requisite amount of time to complete reports and properly advertise the matter. In the event of such, planning staff will coordinate with the applicant.

(D)

Content of applications.

1.

Each application shall contain or be accompanied by all information required on the application form provided by the planning department.

2.

Every amendment proposing to change the district boundary lines shall be accompanied by a metes and bounds description, a survey of the area involved, or reference to existing lots, sufficient in the estimation of the planning director to plot or otherwise identify the amendment on the official zoning maps of the Town of Jamestown.

3.

Any person designated by the owner(s) of the property included in the petition to serve as agent for the owner shall submit such authorization in writing with the application.

5.3-2.

Reserved.

5.3-3.

Review by the Jamestown Planning Board.

(A)

General. Upon submission of a request for a land development ordinance amendment or a zoning map amendment, the request shall be scheduled for review by the Jamestown Planning Board. The Jamestown Planning Board shall hold a meeting to consider the requested amendment(s).

(B)

Public notice. The planning department shall cause notice of the planning board advisory hearing on the proposed amendment to be given in conformance with Section 5.3-4(B).

(C)

Review—General. The public hearing shall be conducted in accordance with the rules of procedure of the Jamestown Planning Board. The board shall make recommendations to the Jamestown Town Council regarding whether to approve or deny each proposed amendment. When considering an amendment, the planning board shall consider the consistency of the amendment with the Town's comprehensive plan and other plans adopted pursuant to G.S. § 160D-501 for the area affected by the proposed amendment.

(D)

Affirmative recommendation by the Jamestown Planning Board. Following an affirmative recommendation by the Jamestown Planning Board on the proposed amendments, the action shall be reported to the Jamestown Town Council for a legislative hearing and final action according to the process set forth is Section 5.3-4 of this ordinance. The legislative hearing will be scheduled as provided by town council's rules of procedure.

(E)

Negative recommendation by the Jamestown Planning Board. If the Jamestown Planning Board has made a negative recommendation on an amendment, the petitioner may request that the consideration of the request by the town council be postponed for up to 90 days. The purpose of the postponement is to provide the petitioner time to address issues identified by the planning board in their review of the request and/or to revise the request to address the issues that resulted in the negative recommendation. Following the negative recommendation of the planning board and the postponement, if requested by the petitioner, the application with the planning board's recommendation shall be forwarded to the town council for their consideration and action.

(F)

No action by the Jamestown Planning Board. If the Jamestown Planning Board has not taken any action on an item within 30 days of first considering it, the proposed amendment shall be forwarded to the town council for consideration. The planning board must make a recommendation to the town council within 120 days of first consideration or the matter shall automatically be forwarded to the town council for consideration. The proposed amendment shall be accompanied by a record of the Jamestown Planning Board's comments regarding the amendment and the reasons, if any, for their lack of action.

(G)

Continuance by the Jamestown Planning Board. In those cases where, upon hearing the request, the planning board feels that more information is needed, questions have arisen, or other circumstances occur in which additional time is needed to enable the board to make a decision, consideration of the request may be continued. The planning board may, by majority vote of members present, continue the consideration of the request until the next regularly scheduled planning board meeting or at a special called meeting. The board shall direct the appropriate person(s) to obtain the needed information, provide answers to questions, etc. During this time to enable the board to make a decision at the next scheduled meeting. The planning board should take action (affirmative or negative recommendation) on continued items at their next scheduled meeting. In the event of complex requests, several continuances may be required. In no case shall a matter of business exceed 120 days.

(H)

Content of recommendation and statement of consistency. Any recommendation made by the Jamestown Planning Board to the Jamestown Town Council pursuant to this section shall be in writing and shall include a statement describing whether the proposed amendment is consistent with any comprehensive plan that has been adopted by the Town and any other officially adopted plan that is applicable plan, and shall address any other matter deemed appropriate by the planning board. A comment by the planning board that a proposed amendment is inconsistent with the comprehensive plan shall not preclude consideration of approval of the proposed amendment by the governing board. (G.S. § 160D-604)

5.3-4.

Review by the Jamestown Town Council.

(A)

Review—General. Following receipt of a recommendation on a proposed amendment, or in the case of a negative recommendation, the receipt of the petitioner's request for a hearing, or in the case of no action by the Jamestown Planning Board as described in Section 5.3-3 above, the Jamestown Town Council shall hold a legislative hearing on the proposed amendment. The hearing will be scheduled and conducted as provided by the town council's rules of procedure.

(B)

Public notice. Prior to the legislative hearing on an amendment proposed to the text of this ordinance or to the Official Zoning Map, public notice shall be given in a manner consistent with the requirements of G.S. §§ 160D-601 and 160D-602 as applicable. All proposed amendments shall require publication of a notice of the hearing in a newspaper in general circulation in Jamestown. Such notice shall be published at least once per week for two successive calendar weeks, with the first publication being at least ten, but not more than 25, days prior to the date of the hearing. Where an amendment to the zoning map is proposed, additional notice shall be given by first class mail to all owners of property subject to the amendment and to the owners of all parcels abutting the parcel(s) subject to the amendment, and a notice of the hearing shall be prominently posted on a public street or highway right-of-way adjacent to the parcel(s) subject to the amendment. The mailed notices and notice by posting of the property shall be given at least ten, and not more than 25, days prior to the date of the hearing. Where multiple parcels of land are subject to a map amendment, each parcel is not required to be individually posted, but a sufficient number of postings shall be made to provide reasonable notice. If an optional neighborhood meeting was not held as set forth in Section 5.3-1(B), the mailed notice requirement shall be expanded to notify the owners of all parcels within 500 feet of the parcel(s) subject to the map amendment. For large scale zoning map amendments that meet the requirements of G.S. § 160D-602(b), the planning director may utilize the procedures authorized by statute to provide notice.

(C)

Action.

1.

Before acting on any proposed amendment, the Jamestown Town Council shall consider any recommendation made by the Jamestown Planning Board, the recommendation submitted by the planning director to the planning board, the comments made at the public hearing, and any other relevant additional information.

2.

When considering a proposed amendment, the Jamestown Town Council shall not evaluate the petition based on any specific proposal for the use or development of the property. The petitioner shall not use any graphic materials or descriptions of the proposed development except for those that would apply to all uses permitted by the requested classification.

3.

Upon reviewing all pertinent information, the Jamestown Town Council may:

a.

Adopt the proposed amendment;

b.

Reject the proposed amendment;

c.

Continue the consideration of the request to their next regularly scheduled meeting or other agreed upon time;

d.

Refer the proposed amendment back to the Jamestown Planning Board for further consideration or hearing with explicit instructions for the board to remedy a particular issue; or

e.

Modify the proposed amendment.

(D)

Statement of Consistency. Prior to adopting or rejecting any zoning amendment, the town council shall adopt a statement describing whether its action is consistent with the comprehensive plan and any other plan adopted pursuant to G.S. § 160D-501, and shall state why the action taken is considered to be reasonable and in the public interest. (G.S. § 160D-605)

5.3-5.

Reserved.

Editor's note— Repealed by NCGS HB 201, S.L. 2016-16.

5.3-6.

Waiting period for subsequent applications.

Waiting period general. When an application for a zoning amendment has been approved or denied by the Jamestown Town Council, no rezoning application covering the same property shall be accepted or considered within 12 months after the date of the approval or denial for the same zoning classification. A second rezoning request for all or part of the same property may be submitted for a different zoning classification, provided however that a maximum of two applications may be filed within any 12-month period.

Waiting period waiver. The waiting period required by this section may be waived by a three-fourths vote of Jamestown Town Council if it determines that there have been substantial changes in conditions or circumstances which may relate to the request. A request for a waiver of the waiting period shall be submitted to the planning director, who shall review and prepare a recommendation regarding action on the request. Said recommendation shall be considered by the town council in their review of the request for a waiver. If the request for the waiver is approved, the application shall go through the full review process as set forth above.

5.4-1.

Purpose. Conditional zoning is established to provide for flexibility in the development of property while ensuring that the development is compatible with neighboring uses. Conditional zoning affords a degree of certainty in land use decisions not possible when rezoning to a general use district. Additional standards and regulations may be attached to a proposed development to ensure compatibility with the surrounding uses and with applicable adopted plans in accordance with the requirements of this section.

5.4-2.

Conditional zoning districts. Conditional zoning is available for any of the general zoning classifications enumerated in this ordinance, except for those that require a site-specific development plan as part of the application (e.g., Traditional Neighborhood Development District, Campus Overlay District). The conditional zoning designation shall be indicated on all zoning maps and other official documents with the prefix, "(CZ)" (e.g., CZ-SFR; CZ-C. etc.).

5.4-3.

General requirements. The following provision shall apply in the administration of conditional zoning.

(A)

A conditional zoning application shall be considered only upon request of the owner of the affected property or a duly authorized representative of the property owner.

(B)

Prior to submittal of the application, it is strongly recommended that the applicant meet with representatives of the surrounding property owners and of the surrounding neighborhood(s) to discuss the proposed development and include a report of any such meetings in its application.

(C)

No uses shall be permitted except those enumerated in the ordinance adopting the conditional zoning, including any special uses that may be included as a permitted use in the application.

(D)

The conditions agreed upon pursuant to the conditional zoning approval shall be stated in the adopting ordinance and may limit the uses which are permitted on the property. By way of illustration and not limitation, conditions may specify location on the property of the proposed structure(s), the number of dwelling units, the location and extent of supporting facilities such as parking lots, driveways, and access streets, the location and extent of buffer areas and other special purpose areas, the timing of development, the height of structures, the location and extent of rights-of-way and other areas to be dedicated for public purposes, and other such matters as may be identified as appropriate for the proposed development.

(E)

Minor modifications to the approved conditional zoning ordinance may be approved by the technical review committee. The minor modifications authorized herein are intended to provide relief where conditions established by the conditional zoning ordinance create a hardship based upon a unique physical attribute of the property itself or some other factor unique to the property which was not known at the time of ordinance adoption and which has subsequently rendered the property difficult or impossible to use due to the condition(s) imposed by the zoning. The permit holder shall bear the burden of proof to secure the modification(s). Such modifications shall be limited to the following:

1.

A deviation of up to ten percent or 24 inches, whichever is greater, from the approved setback, provided that the conditions for approving a deviation from the required setback established by Article 14 (Flexible Development Standards) of this ordinance are met.

2.

A reduction of up to 25 percent in the number of parking spaces required for the use provided that the proposed development is located within one-half mile of the Main Street District and on-street parking is available.

3.

Other minor modifications (as determined by the planning director) may be considered by the technical review committee. If, in the planning director's opinion, the requested modification exceeds the definition of "minor", then the applicant must make a request of the town council:

4.

"Minor" modifications are defined as:

a.

Conditions which decreases the intensity of the land uses proposed on the site greater than ten percent (e.g., number of housing units or gross floor area).

b.

Increase proposed setbacks by ten percent or greater by locating the proposed buildings closer to internal property lines without increasing the setbacks of proposed buildings from public streets.

c.

Significantly increase the visually obscuring buffers along the perimeter of the site (no including toward streets) that includes preserved vegetation, added landscaping, walls and fences, or the use of topography;

d.

Decrease in the traffic impact due to a significant decrease or shift in the number, location, or configuration of access points to or additional road improvements for the development; or

e.

Provide a greater than ten percent increase in the amount of useable or passive open space, tree preservation, greenways or trails provided on the site.

5.

"Major" modifications must be approved by the town council as an amendment to the conditional zoning ordinance, and shall be referred to the planning board for their recommendation.

6.

The technical review committee reserves the right in every case to have the discretion to decline to exercise the power to approve or deny modifications as provided for herein and may require the applicant to seek an amendment to the conditional zoning ordinance through the normal zoning amendment procedures.

7.

Major modifications are deemed as such when:

a.

The condition decreases the number or extent of mixed-use features, including combinations of different land uses, integrate site design, strong pedestrian and vehicle connectivity, and strong orientation of buildings to streets (sidewalks);

b.

Decreases the use of compatible design features, including architectural styles and materials, signage and lighting, and site layout, among both internal development and with appropriate adjacent external development;

c.

Decreases pedestrian features, including added sidewalks, crosswalks, bus stops, pedestrian amenities, small block site layout or internal and external pedestrian connections; or

d.

Changes the use category permitted within any portion of the development.

(F)

Any violation of a provision of a conditional zoning ordinance shall be treated the same as any other violation of this ordinance and shall be subject to the same remedies and penalties as any other such violation.

(G)

If for any reason any provision of a conditional zoning ordinance is found to be illegal or invalid, or if the applicant should fail to accept any condition, the entire ordinance shall be null and void, and the property shall revert to its previous zoning classification without further action by the town council.

(H)

If no action has been taken to begin development of the property in accordance with the conditional zoning ordinance within 24 months of its approval by town council, or no vested right has been obtained, then the property shall revert to its previous zoning classification, or the planning director may initiate appropriate action to rezone the affected property to any other classification.

(I)

If the use or uses commenced pursuant to a conditional zoning ordinance adopted pursuant to this section are abandoned or discontinued or no vested right has been obtained then the property shall revert to its previous zoning classification, or the planning director may initiate appropriate action to rezone the affected property to any other classification.

(J)

No variances or special use permits may be issued for developments on property that is subject to a conditional zoning ordinance.

5.4-4.

Application Procedure. When applying for conditional zoning, the owner shall specify the nature of the proposed development and shall propose conditions to ensure compatibility with the surrounding uses and consistency with adopted plans. Applications for conditional zoning shall be processed, considered, and voted upon using the same procedures and subject to the same requirements as those established in this Code for zoning map and zoning text amendments, except as provided below:

(A)

The application should include site plans, landscape plans, building elevations, floor plans, and such other information required to provide the approving bodies with a complete and accurate description of the proposed development.

(B)

The planning board shall hold a public hearing on applications for conditional zoning. Notice of the public hearing shall be provided in accordance with the provisions of the requirements of this ordinance for map amendments. After holding the public hearing, the Jamestown Planning Board may recommend approval of the application, including recommending conditions for the zoning; recommend denial of the application; or continue the consideration of the application in order to receive further information regarding the application. In those cases where, upon hearing the application, the planning board feels that more information is needed, questions have arisen, or other circumstances occur in which additional time is needed to enable the board to make a decision, consideration of the application may be continued. The planning board may, by majority vote of members present, continue the consideration of the application until the next scheduled planning board meeting. The board shall direct the appropriate person(s) to obtain the needed information, provide answers to questions, etc. During this time to enable the board to make a decision at the next scheduled meeting.

(C)

Upon receipt of the recommendation and statement of consistency from the planning board, the town council shall hold a legislative hearing on the application for conditional zoning. Notice of the hearing shall be provided in accordance with the provisions for hearings for map amendments as set forth in Section 5.3-3 of this ordinance and the North Carolina General Statutes.

(D)

The town council's consideration of an application for conditional zoning is legislative in nature, and the council may consider any relevant information in its deliberations. Consideration shall be given to the comprehensive plan, small area plans, corridor plans, and other land use policy documents, and to surrounding land uses. The council may adopt or deny a conditional zoning ordinance or may continue its consideration of the application as necessary or appropriate. During the adoption of a conditional zoning ordinance, specific conditions may be proposed by the petitioner, town council, planning board, or town staff, but only those conditions mutually agreed to by the town council and the petitioner may be incorporated into the zoning regulations and permit requirements. 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 Town ordinances, an officially adopted comprehensive or other plan and those that address the impacts reasonably expected to be generated by the development or use of the site.

(E)

A statement of consistency and a statement analyzing the reasonableness of the proposed rezoning and whether such rezoning is in the public interest shall be adopted for each conditional zoning district in the same manner that such are adopted for a general zoning map amendment.

(F)

Upon adoption of a conditional zoning ordinance, the Official Zoning Map of the Town of Jamestown shall be amended to add the conditional zoning district. The planning director shall maintain a file for conditional zoning ordinances, and each conditional zoning ordinance shall be filed therein. Failure to comply with this provision shall not render the ordinance invalid.

(G)

The conditional zoning ordinance adopted as provided herein shall be perpetually binding upon the affected property unless subsequently changed or amended as provided for in this ordinance.

(H)

Specific conditions may be proposed by the petitioner or the local government or its agencies, but only those conditions approved by the local government and consented to by the petitioner in writing may be incorporated into the zoning regulations. Unless consented to by the petitioner in writing, in the exercise of the authority granted by this section, a local government may not require, enforce, or incorporate into the zoning regulations any condition or requirement not authorized by otherwise applicable law, including, without limitation, taxes, impact fees, building design elements within the scope of G.S. § 160D-702(b), driveway-related improvements in excess of those allowed in G.S. § 136-18(29) and G.S. § 160A-307, or other unauthorized limitations on the development or use of land. Conditions and site-specific standards imposed in a conditional district shall be limited to those that address the conformance of the development and use of the site to local government ordinances, plans adopted pursuant to G.S. § 160D-501, or the impacts reasonably expected to be generated by the development or use of the site. (G.S. § 160D-703(b)).

(I)

Conditional zoning ordinances are legislative in nature, and judicial review of conditional zoning ordinances shall be as provided by law for zoning ordinances.

5.5-1.

Purpose.

Development agreements may be used to define the rights and obligations of the town, developers, and property owners in large-scale, multi-phased projects where mitigation of impacts, quality of design, and integration with town resources are better secured through a document that enables all parties to work out details through deliberate discussions prior to review by the town council.

5.5-2.

Approval.

Development agreements shall be approved as provided in G.S. § 160D-1001 et. seq. A copy of the development agreement in final form shall be posted on the town's website for public inspection for the length of time required by statute. The posting of a development agreement in final form does not prevent the town from making changes in response to public input or council deliberation.

5.5-3.

Authority and limitations.

Consistent with the purposes of PUD zoning, development agreements that accompany a PUD zoning district application may be used to create alternative development and technical standards provided that the result is a development of greater or higher quality as described in LDO Section 8.4-5.1(B). Any development standard in the LDO may be supplanted by other requirements in a development agreement to achieve the intended purposes of the PUD zoning district if approved by the town council. Development agreements may not be used to alter the public review and approval processes established in the LDO or required by statute.

(Ord. No. 2023-01, Pt. 3, 1-17-2023)