(A)
Applicability. A Zoning Map Amendment changes the zoning district of a property on the Official Zoning Map from one district to another.
(B)
Submittal. Zoning Map Amendment Applications shall be submitted and reviewed per the standards established in Section 156.90.03, Common Review Procedures.
(C)
Required Planning and Zoning Board Review. All zoning amendments must be reviewed by the Planning and Zoning Board prior to City Council reviewing and taking action.
(D)
Specific Review Criteria. In determining whether to approve, approve with conditions, or deny a Zoning Map Amendment, the review bodies shall consider the applicable common decision criteria together with the following:
(1)
Whether:
(a)
The proposed rezoning is compatible with the surrounding area, or the adopted Comprehensive Plan;
(b)
There will be adverse effects on the capacity or safety of the portion of street network influenced by the Zoning Map Amendment;
(c)
Parking problems; or
(d)
Environmental impacts that the new use will generate such as excessive storm water runoff, water, air or noise pollution, excessive nighttime lighting, or other nuisances.
(2)
Any change of character in the area due to installation of public facilities, other Zoning Map Amendments
, new growth trends, deterioration, and development;
(a)
The zoning districts and existing land uses of the surrounding properties;
(b)
Whether the subject property is suitable for the uses to which it has been restricted under the existing zoning district;
(c)
Whether subject property has sufficient dimensions to accommodate reasonable development that complies with the requirements of this UDO, including parking and buffering requirements;
(d)
Whether the Zoning Map Amendment is compatible with the adjacent neighborhood, especially residential neighborhood stability and character;
(e)
The length of time the subject property has remained vacant as zoned.
(3)
Whether there is an adequate supply of land available in the subject area and the surrounding community to accommodate the zoning and community needs; and
(4)
Whether the existing zoning was in error at the time of adoption.
(E)
Notice Requirements. In addition to the standards established in Section 156.90.03.G, Public Notice, mailed notice shall be sent to all abutting properties even if separated by a street, railroad, or other transportation corridor. The posted notice shall also be placed during the time period running from twenty-five days prior to the hearing until ten days prior to the hearing according to G.S. 160D-602(c).
(F)
Timing of City Council Hearing. After the Planning and Zoning Board makes a recommendation, the City Council shall hold a hearing in no more than sixty days from the date of the Planning and Zoning Board meeting and decide to approve or deny the Zoning Map Amendment. Comments by the Planning and Zoning Board that a proposed amendment is inconsistent with the Comprehensive Plan shall not preclude the City Council from considering or approving any proposed amendment.
(G)
Statement of Consistency and Reasonableness.(1)
Statement of Consistency and Reasonableness. The Planning and Zoning Board must make a statement of consistency to any request to state if the action is in alignment with the Comprehensive Plan. In addition, prior to adopting or rejecting any Zoning Map Amendment, the City Council shall adopt a statement describing whether its action is consistent with the Comprehensive Plan and explaining why the Council considers the action taken to be reasonable and in the public interest. This statement may consider, among other factors:
(a)
The size, physical conditions, and other attributes of the area proposed to be rezoned;
(b)
The benefits and detriments to the landowners, the neighbors, and the surrounding community;
(c)
The relationship between the current actual and permissible development on the tract and adjoining areas and the development that would be permissible under the proposed amendment;
(d)
Why the action taken is in the public interest; and
(e)
Any changed conditions warranting the amendment.
(2)
Approved Map Amendment Not Consistent with Comprehensive Plan. If a zoning map amendment is adopted and the action was deemed inconsistent with the adopted plan, the zoning amendment shall have the effect of also amending any future land-use map in the approved plan, and no additional request or application for a plan amendment shall be required. A plan amendment and a zoning amendment may be considered concurrently. This must also be accompanied by a note on the applicable future land use map when a zoning map amendment is approved that is not consistent with the map. However, this does not amend the text of the plan.
(H)
Concurrent Processing of Variances and Special Use Permits. An applicant, at the time of filing an application for a Zoning Map Amendment, may elect to have any necessary Variances or Special Use Permits for the subject property be heard and acted upon in concurrence, provided City Council approves the Zoning Map Amendment prior to the Variance or Special Use Permit being granted for the property. In acting on a Variance or Special Use Permit, the City Council shall have the authority and operate under the requirements of the Board of Adjustment.
(I)
Limitations of Map Amendment. The approval of a Zoning Map Amendment does not authorize any development activity.
(J)
Scope of Approval. If the desired use is permitted by right, the applicant may file a Site Plan (if required by Section 156.100.02, Site Development Plan) and, if no site plan is required, an application for a Zoning Clearance and any other administrative permits required by this Chapter.
(K)
Extraterritorial Jurisdiction (ETJ). If the Zoning Map Amendment is being proposed in conjunction with an expansion of the City's ETJ under NCGS §160D-202, a single hearing on the Zoning Map Amendment and the ETJ boundary amendment may be held. In this instance, the initial notice of the Zoning Map Amendment hearing may be combined with the boundary hearing notice and the combined hearing notice mailed at least 30 days prior to the hearing.
(L)
Optional Notice for Large-Scale Zoning Map Amendments. The first-class mail notice required in Section 156.90.03.G, Public Notice, is not required if the Zoning Map Amendment proposes to change the zoning district of more than 50 properties, owned by at least 50 different property owners, and the City elects to use the expanded published notice provided for in this subsection. In this instance, the City may instead elect to publish notice of the hearing as required by NCGS §160D-601, provided that each advertisement shall not be less than one-half of a newspaper page in size. The advertisement is effective only for property owners who reside in the area of general circulation of the newspaper that publishes the notice. Property owners who reside outside of the newspaper circulation area, according to the address listed on the most recent property tax listing for the affected property, shall be notified according to the first-class mail requirements of provisions of Section 156.90.03.G, Public Notice.
(M)
Third-Party Downzonings. Third-party private entity downzoning requests are prohibited by this UDO.