Land use regulations, as contained in this chapter, including zoning district boundaries, may from time to time be amended, supplemented, changed, modified or repealed in the following manner.

   (A)   Initiation of application.

      (1)   Applications for a change in the chapter text or zoning map may be instituted by the Planning Board, City Council or any person except as provided in G.S. § 160D-601(d) and § 153.315(A) of this chapter.

         (a)   By decreasing the development density of the land to be less dense than was allowed under its previous usage;

         (b)   By reducing the permitted uses of the land that are specified in a zonin

   (B)   The application for a change in a zoning district shall be made on a form provided by the city.

      (1)   Each non-contiguous parcel of land for which a rezoning is requested shall be considered as a separate application, and a fee (in accordance with a fee schedule established by the City Council) shall accompany each application. There shall be no fee for applications instituted by the Administrator or any city official acting on behalf of the city.

      (2)   Each application shall be signed and contain the following information:

         (a)   Applicant’s full name, address and telephone number; the property owner’s full name, address and telephone number, if different from applicant;

         (b)   Applicant’s interest in the property; and

         (c)   If the proposed change would require a change in the zoning map, the current zoning of the property and the type of zoning requested. In addition, the application shall be accompanied by an accurate and scaled diagram showing:

            1.   All property lines with dimensions, distances of lot from the nearest street intersection and north arrow;

            2.   Adjoining street rights-of-way and paving widths;

            3.   Zoning classification of all contiguous lots;

            4.   The names and addresses of all abutting property owners as shown on the most current records of the County Tax Supervisor’s office; and

            5.   Except for conditional rezonings, neither the Planning Board nor the City Council shall evaluate a rezoning petition based on any specific proposal for the use or development of the property. The petitioner shall refrain from using any graphic materials or descriptions before either body except for those that would apply to any use permitted in the requested zoning district.

   (C)   The application for a change in the text shall be on a form provided by the city and shall be accompanied by a fee (in accordance with a fee schedule established by the City Council). The application shall contain a reference to the specific section, subsection, paragraph or item proposed for change, as well as the wording of the proposed change.

   (D)   (1)   The Planning Board shall consider no application unless it has been properly completed and submitted to the Administrator, or his or her designee, by the application deadline on the city’s website, to be reviewed at the meetings corresponding to the schedule.

      (2)   In no case shall the meeting at which the Planning Board initially reviewed the application occur greater than 60 days after the completed application was submitted to the Administrator. The Planning Board shall have 45 days from the date of referral to comment and submit its recommendation to the City Council. If a recommendation is not made during the 45-day period, the application shall be forwarded to the City Council without a recommendation. During the process of reviewing an amendment, the Planning Board must advise the governing board in writing whether the amendment is consistent with the adopted city’s land use plan. This can be done as part of the recommendation to the City Council in the staff report or by other means.

   (E)   If a petition for rezoning is proposed, the Planning Board shall consider the matter. If a recommendation is made to the City Council, it shall be as follows:

      (1)   Grant the rezoning as requested;

      (2)   Grant the rezoning with a reduction of the area requested;

      (3)   Grant the rezoning to more restricted general zoning district or classification(s) (but less restrictive than the existing zoning classification) as shown in division (G) below of this chapter;

      (4)   Grant the rezoning with a combination of divisions (E)(1), (E)(2) and (E)(3) above; or

      (5)   Denial of the application request.

   (F)   If a petition to amend the text of this chapter is proposed, the Planning Board shall consider the matter. If a recommendation is made to the City Council, it shall be as follows:

      (1)   Adoption of the amendment(s) as written;

      (2)   Adoption of the amendment as revised by the Planning Board; or

      (3)   Rejection of the amendment.

   (G)   The list of all general zoning districts in descending degrees of restrictiveness as follows:

 

   (H)   A public hearing shall be held by the Planning Board and by the City Council before adoption of any proposed amendment to this chapter. Notice of each public hearing shall be given as follows:

      (1)   A notice shall be published in a newspaper having general circulation in the city area once a week for 2 successive weeks, the first notice to be published not less than 10 days nor more than 25 days prior to the date established for the public hearing. In computing the time, the date of publication is not be included, but the date of the hearing shall be included.

      (2)   A notice shall be conspicuously placed by the city in the City Hall not less than 10 days nor more than 25 days before the date established for the public hearing.

      (3)   A conspicuous notice shall be posted by the city in at least 1 conspicuous place on the subject property or on the street right-of-way near the site at least 10 days but not more than 25 days prior to the public hearing. For map amendments that contain multiple parcels, sufficient notice must be posted around the site.

      (5)   The first class mail notice cited in division (H)(4) above may not be required if the proposed zoning action involves a zoning map amendment that directly affects more than 50 properties, owned by a total of at least 50 different property owners. In lieu of sending first class mail notice to all the affected and contiguous property owners, the city may elect to publish in a newspaper of local circulation a notice of the public hearing that includes one or maps showing the boundaries of the area affected by the proposed map amendment. The newspaper notice shall be not less than 1/2 of a newspaper page in size and shall be published once a week for at least 2 consecutive weeks. The notice shall satisfy the 2 advertisements published to satisfy the requirements of division (H)(1) above. Notwithstanding, affected and contiguous property owners who reside outside the circulation area of the newspaper shall be sent first class mail notice of the public hearing per division (H)(4) above.

   (I)   If any resident or property owner in the city submits a written statement regarding a proposed amendment, modification, or repeal to a zoning ordinance to the clerk to the City Council at least 2 business days prior to the proposed vote on such change, the Clerk shall deliver such written statement to the City Council.

   (J)   (1)   After the City Council public hearing has been conducted and officially closed, the City Council shall render a decision concerning the proposal not later than the next regularly scheduled City Council meeting. The decision of the City Council shall be limited to 1 of the various alternatives listed in divisions (E) and (F) of this chapter. A copy of the City Council’s decision shall be sent to the applicant by the Administrator by first class mail within 5 working days after the City Council’s decision.

      (2)   When adopting or rejecting any petition for a zoning map amendment, City Council shall approve a statement analyzing the reasonableness of the proposed rezoning. This statement of reasonableness 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.

      (3)   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 the future land use map in the approved land use plan, and no additional request or application for a plan amendment shall be required.

   (L)   (1)   If the City Council has denied an application for the change of any zoning district or change in zoning text, it shall not, thereafter, accept any application for the same or substantively similar change of zoning districts affecting the same property or any portion thereof or for a similar change in the zoning text until the expiration of 1 year from the date of the previous denial.

      (2)   When a petition for a change in classification zoning is withdrawn prior to it being considered by the City Council, no new petition for any change in zoning classification of the same property or any part thereof may be filed by the petitioner within a period of 90 days immediately following the withdrawal of the petition.

(Prior UDO, § 20.1) (Ord. ZTA-2-2016, passed 6-2-2016; Ord. O-16-17, passed 11-2-2017; Ord. passed - - ; Ord. O-5-2024, passed 6-6-2024; Ord. ZTA-1-2025, passed 4-3-2025) Penalty, see § 153.999

   The procedures in this section exist to supplement the procedures set forth in § 153.315 of this chapter, to clarify special requirements for conditional rezonings.

      (1)   In order for a property owner to secure privileges for developing property under the conditional district process, the property must first be rezoned by the City Council to a conditional district. Specific conditions may be proposed by the petitioner or the city, but only those conditions approved by the city and consented to by the petitioner in writing may be incorporated into the zoning regulations. 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, the land use plan or the impacts reasonably expected to be generated by the development or use of the site. Any use permitted under this process must also conform to the development regulations for the corresponding general zoning district.

      (2)   Thus, if a property were rezoned to an NB(CD), that use must:

         (a)   Be a use allowed in the NB District; and

         (b)   Meet all dimensional, screening and related requirements of the NB District.

      (3)   Rezoning of property to a conditional district is a voluntary procedure on the part of the property owner and 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. No conditional district shall be established until the owner(s) of the property(ies) in question (or his or her authorized agent) proposing the district has submitted an application for the rezoning of the property and the City Council has approved the application in accordance with the procedures stated herein.

      (1)   Submittal to the Administrator of an application for a conditional district rezoning shall be in accordance with the schedule set forth in § 153.315(D) of this chapter.

      (2)   The application for a conditional zoning amendment can only be initiated by the property owner/owners.

      (1)   3 copies and a digital version of a completed written application for a conditional district shall be filed with the Administrator. The application shall be submitted on official forms provided by the Administrator and shall be accompanied by the following items:

         (a)   A scaled boundary survey showing the total acreage, and present zoning classifications for the property(ies) for which the conditional district is sought, date and north arrow. On this survey shall be sketched the information required by this section;

         (b)   All existing easements, rights-of-way and required setbacks for the lot(s) for which the conditional district is sought;

         (c)   Proposed use, size, layout and setbacks of all proposed structures and proposed uses of land. For residential uses this shall include the number of units and an outline of the area where all principal and accessory structures will be located. For nonresidential uses, this shall include the approximate gross floor areas of all structures and an outline of the area where the structures will be located;

         (d)   Traffic, parking and circulation plans, showing the proposed locations and arrangement of parking spaces and access points to adjacent streets;

         (e)   Landscape plan showing proposed screening and landscaping, including location of walls, fences, berms and natural plantings as well as treatment of any existing natural features within the site;

         (f)   Delineation of areas within the regulatory floodplain as shown on the official flood hazard boundary maps;

         (g)   Proposed number, size, type and location of freestanding signs;

         (h)   Proposed phasing, if any, and approximate completion time of the project;

         (i)   The owner's names and addresses, tax parcel numbers and existing land use(s) of all adjoining properties;

         (j)   A sketch vicinity map with north arrow shall be included showing the relationship between the proposed use and surrounding area; and

         (k)   Other information as the Planning Board may request as provided for in division (F) below.

      (2)   No application shall be considered complete unless it contains or is accompanied by all items listed in this section of this chapter and a fee, in accordance with a fee schedule approved by the City Council for the submittal of conditional district applications.

      (3)   The Planning Board shall consider no application unless it has been properly completed and submitted to the Administrator, or his or her designee, by the application deadline on the city’s website, to be reviewed at the meetings corresponding to the schedule. In no case shall the meeting at which the Planning Board initially reviews the application occur greater than 60 days after the required number of copies of the completed application have been submitted by the applicant to the Administrator.

      (4)   If the conditional district application is for a property located within an HO-Historic Overlay District the Administrator shall, upon his or her receipt of the application, promptly notify the chairperson of the Historic District Commission and submit copies of the application to the Historic District Commission in order that the Historic District Commission may review and make a recommendation on the application in accordance with § 153.122(G) of this chapter.

      (5)   The Planning Board shall have a maximum of 45 days from the date at which it initially met to review the application to submit its recommendation to the City Council. If a recommendation is not made during the 45-day period, the application shall be forwarded to the City Council without a recommendation.

      (6)   (a)   When dealing with the conditional district process and with the rezoning of properties to a conditional district, it may be necessary to request information in addition to that listed in this division in order to evaluate a proposed use and its relationship to the surrounding area. Therefore, the Planning Board (and/or City Council) may request additional information of the applicant, as it deems necessary.

         (b)   A request for additional information shall stay any further consideration of the application by the Planning Board or City Council. This information may include (but not be limited to) the following:

            1.   Permanent and construction phase plans for the control of sedimentation and erosion control (for projects subject to State Sedimentation Pollution Control Act) and plans for the control of stormwater drainage and run-off;

            2.   Existing and proposed topography at 4-foot contour intervals or less;

            3.   The existing and proposed location of all water and sewer lines and fire hydrants intended to serve the proposed development;

            4.   Proposed number, type and location of signs; and

            5.   A traffic impact study of the proposed development prepared by a qualified transportation or traffic engineer or planner. The traffic impact study shall include the following information:

               a.   Existing traffic conditions within the study area boundary;

               b.   The distribution of existing and proposed trips through the street network;

               c.   Analyses of the capacities of intersections located within the study area boundary;

               d.   Recommendations for improvements designed to mitigate traffic impacts and to enhance pedestrian access to the development from the public right-of-way;

               e.   Other pertinent information, including but not limited to noise, and impacts on air quality and other natural resources; and

               f.   Traffic volumes generated by the existing and proposed development on the parcel, including the morning peak, afternoon or evening peak and average daily traffic levels.

      (1)   If a petition for a conditional district rezoning is approved under this subchapter, the conditional district that is established and all conditions which may have been attached to the approval are binding on the property as an amendment to these regulations and to the zoning map. All subsequent development and use of the property shall be in accordance with the standards for the approved conditional district and all conditions attached to the approval.

      (2)   Following the approval of the petition for a parallel conditional district, the subject property shall be identified on the zoning map by the appropriate district designation. A parallel conditional district shall be identified by the same designation as the corresponding general zoning district followed by the letters CD (for example, “NB(CD)”.

      (3)   Following the approval of the petition for a conditional district as identified in §§ 153.123 through 153.129, the subject property shall be identified on the zoning map by the appropriate district designation (PRD, PUD, TND, TID, MHP, or CC).

      (1)   Except as provided in(I) below, changes to the approved conditional district or to the conditions attached to the approval shall be treated the same as amendments to these regulations or to the zoning map and shall be processed in accordance with the procedures in this subchapter.

      (2)   Minor changes in the detail of the approved conditional district that are in accordance with division (J) below may be made with the approval of the Administrator. If multiple parcels of land are subject to a conditional district, the owners of individual parcels may apply for modification of the conditions so long as the modification would not result in other properties failing to meet the terms of the conditions. Any modifications approved shall only be applicable to those properties whose owners petition for the modification.

      (1)   Any conditional district so authorized shall be perpetually binding to the property unless subsequently changed or amended by the City Council.

      (2)   However, minor changes in the detail of the approved plan which:

         (a)   Will not alter the basic relationship of the proposed development to adjacent property;

         (b)   Will not alter the uses permitted or increase the density or intensity of development; and

         (c)   Will not decrease the off-street parking ratio or reduce the yards provided at the periphery of the site may be made with the approval of the Administrator.

      (3)   The changes shall not be deemed to materially change the conditional district.

      (4)   An increase in building size not to exceed 10% of the existing floor area on the site or 1,000 square feet of gross floor area on the entire site, whichever is less, and provided the expansion does not violate any of the standards of this chapter, shall be deemed a minor change as described in this chapter.

   (N)   Review of approval of conditional zoning district. It is intended that property be reclassified to a conditional district only in the event of firm plans to develop the property. Therefore, no sooner than five years after the date of approval of the petition, the Administrator will examine the progress made toward developing the property in accordance with the approved petition and any conditions attached to the approval. If the Administrator determines that progress has not been made in accordance with the approved petition and conditions, the Administrator shall forward to the City Council a report, which may recommend that the property be classified to another district.

(Prior UDO, § 20.2) (Ord. passed - - ; Ord. O-5-2024, passed 6-6-2024) Penalty, see § 153.999