Middleburg City Zoning Code

CHANGES AND

AMENDMENTS

§ 156.170 INITIATION OF AMENDMENTS.

The Board of County Commissioners may, on its own motion, upon recommendation of the Planning Board, Planning Staff, or upon petition by an interested person, amend, supplement, change, modify or repeal the regulations or zone boundaries established by this chapter. A petition by an interested person shall be submitted to the Board of County Commissioners through, and reviewed by, the Planning Board, which shall consider its merit and make a recommendation to the Board of County Commissioners. In no case shall final action by the Board of County Commissioners be taken on amending, changing, supplementing, modifying or repealing the regulations or zone boundaries hereby established until the Board of County Commissioners has held a public hearing.

(Ord. 39, passed 10-3-2011; Am. Ord. 5-3-2021)

§ 156.171 ACTION BY THE APPLICANT.

(A) Initiation of amendments. Proposed changes or amendments to the Vance County Zoning Map may be initiated by the Board of County Commissioners, Planning Board, county administration, Board of Adjustment, or by the owner(s), or his agent, of property within the area proposed to be changed. Any interested party may initiate proposed amendments to the text of the chapter.

(B) Application. An application for any change or amendment shall contain a description and/or statement of the present and proposed zoning regulation or zone boundary, and the names and addresses of the owner or owners of the property involved. Such application shall be filed not later than 3 weeks prior to the meeting at which the application is to be considered. There must be a separate application prepared for each parcel of land that has different ownership.

(C) Fees. A nonrefundable fee, according to the schedule posted in the Planning Department, shall be paid to Vance County for each application for an amendment, to cover costs of advertising and other administrative expenses involved.

(D) Public hearing notices for changes.

(1) Notification procedure for text amendments or changes. A public hearing shall be set and published no less than 10 days nor more than 25 business days before the date fixed for the public hearing by the Board of Commissioners in a newspaper of general circulation in Vance County.

(2) Notification procedure for rezonings and map amendments. In addition to the required newspaper notification of zoning changes and amendments above in division (D)(1) above, rezonings and map amendments require that adjacent property owners be notified by first class mail. The Planning and Zoning Department shall cause such mailing to occur. Notice to all adjacent property owners and newspaper advertisement shall take place no less than 10 days nor more than 25 business days prior to the public hearing. Additionally notice of the public hearing must be posted on the affected property at least 10 days prior to the hearing.

(E) Reapplication for amendment. An application for any rezoning of the same property or any application for the same amendment to this chapter's text shall be permitted only once within any 1 year period, unless the application made is for a different use.

(Ord. 39, passed 10-3-2011)

§ 156.172 ACTION BY THE PLANNING BOARD.

(A) Every proposed amendment, supplement, change, modification or repeal of this chapter shall be referred to the Planning Board for its recommendation and report. The Planning Board shall consider and make recommendations to the Board of Commissioners concerning each proposed zoning amendment. The Planning Board shall follow policy guidelines for all zoning amendments. A proposed zoning amendment will not receive favorable recommendation unless:

(1) The proposal will place all property similarly situated in the area in the same category, or in appropriate complementary categories.

(2) There is convincing demonstration that all uses permitted under the proposed zone classification would be in the general public interest and not merely in the interest of an individual or small group.

(3) There is convincing demonstration that all uses permitted under the proposed zone classification would be appropriate in the area included in the proposed change. (When a new zone designation is assigned, any use permitted in the zone is allowable, so long as it meets zone requirements, and not merely uses which applicants state that they intend to make of the property involved.)

(4) There is convincing demonstration that the character of the neighborhood will not be materially or adversely affected by any use permitted in the proposed change.

(5) The proposed change is in accord with the county Land Use Plan and sound planning principles.

(B) The Planning Board shall render its decision on any properly filed petition within 30 days after the introduction of such petition and shall transmit its recommendation and report, including the reasons for its determinations, to the Board of County Commissioners and the applicant.

(Ord. 39, passed 10-3-2011; Am. Ord. 5-3-2021)

§ 156.173 ACTION BY THE BOARD OF COUNTY COMMISSIONERS.

Before taking such lawful action, as it may deem advisable to approve or deny an applicant’s request, the Board of County Commissioners shall consider the Planning Board’s recommendations on each proposed zoning amendment. If no recommendation is received from the Planning Board within 30 days after the Planning Board receives the application, the proposed amendment shall be deemed to have been a positive recommendation by the Planning Board.

(Ord. 39, passed 10-3-2011; Am. Ord. 5-3-2021)

§ 156.174 WITHDRAWAL OF THE APPLICATION.

Any application submitted in accordance with the provisions of this subchapter for the purpose of amending the regulations or zone boundaries established by this chapter may be withdrawn at any time, but fees are nonrefundable.

(Ord. 39, passed 10-3-2011)

§ 156.175 CONDITIONAL ZONING.

(A) There are circumstances in which 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 this subchapter and adopted land development plan, comprehensive plan, corridor plans, small area plans, and other land use policy documents. The rezoning process established in this section provides for the accommodation of such uses by a reclassification of property into a conditional district, subject to additional conditions which ensure compatibility of the proposed use with the use and enjoyment of neighboring properties. A conditional district allows a particular use or uses to be established only in accordance with specified standards and conditions tailored to each individual development project. 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.

(B) The review and approval process for conditional district petitions involves a legislative hearing and legislative decision by the Board of County Commissioners. The review of conditional district petitions shall be undertaken in accordance with the provisions of this subchapter.

(C) Property may be placed in a conditional district only in response to a petition by the owners of all the property to be included. A petition for a conditional district shall include:

(1) A master site plan prepared in accordance with §§ 156.021 and 156.088 and as required by this section;

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

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

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

(D) Conditional districts, as established in § 156.034 parallel general use zoning districts. Only those land uses (including uses by right, special uses, and conditional 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 this section apply to a conditional 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.

(E) Review and approval process. The review and approval of a petition for a conditional district shall follow the same process as outlined in this subchapter for a general use rezoning.

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

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

(3) Conditional 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, corridor plans, and other land development policy documents.

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

(1) 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 county ordinances and 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.

(2) 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, storm water drainage, the provision of open space, and other matters that the Board of County Commissioners may find appropriate or the petitioner may propose. Such conditions to approval of the petition may include dedication to the county 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.

(3) The petitioner shall have a reasonable opportunity to consider and respond to any such conditions prior to final action by the Board of County Commissioners.

(4) If for any reason any condition for approval is found to be illegal or invalid or if the petitioner should fail to accept any condition following approval, 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 County to rezone the property to its previous zoning classification or to another zoning district.

(G) Effect of approval. If a petition for a conditional district 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 section and to the zoning map.

(1) 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 (I) below provided that such change in building layout does not result in an increase in the number of structures.

(2) Following the approval of the petition for a conditional district, the subject property shall be identified on the zoning map by the appropriate district designation. A conditional district shall be identified by the same designation as the underlying general district preceded by the letters 'CZ' (for example 'CZ-R10').

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

(4) 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 this section and shall be subject to the same remedies and penalties as any such violation.

(H) Alterations to approval. Except as provided in division (I) below, changes to an approved petition or to the conditions attached to the approved petition shall be treated the same as amendments to this section or to the zoning map and shall be processed in accordance with the procedures in this section.

(1) The Planning Director shall have the delegated authority to approve an administrative amendment to an approved site plan. The Planning Director shall have no authority to amend the conditions of approval of a petition. The standard for approving or denying such a requested change shall be that the change does not significantly alter the site plan and that the change does not have a significant impact upon abutting properties. Any decision by the Planning Director must be in writing stating the grounds for approval or denial.

(2) The Planning Director, however, shall always have the discretion to decline to exercise the delegated authority either because he is uncertain about approval of the change pursuant to the standard or because a rezoning petition for a public hearing and Board of County Commissioners consideration is deemed appropriate under the circumstances. If the Planning Director declines to exercise this authority, the applicant may file a rezoning petition for a public hearing and Board of County Commissioners decision in accordance with the provisions delineated in this subchapter.

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

(4) If the Planning Director denies approval of the requested administrative amendment, the applicant may file a rezoning petition for a public hearing and Board of County Commissioner decision in accordance with the provisions delineated in this subchapter.

(I) Review of approved conditional districts. It is intended that property shall be reclassified to a conditional district only in the event of firm plans to develop the property. Therefore, no sooner than one year (or two years if a vested right has been established in accordance with the provisions of § 156.008) 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. If the Planning Board determines that progress has not been made in accordance with the approved petition and conditions, the Planning Board shall forward to the Board of County Commissioners a report which may recommend that the property be rezoned to its previous zoning classification or to another zoning district.

(Ord. passed 1-9-2023)

§ 156.999 PENALTY.

(A) Violations of the provisions of this chapter or failure to comply with any of its requirements, including violations of any conditions and safeguards established in connection with grants of variances or special use permits, shall constitute a misdemeanor, punishable by the maximum fine and/or the maximum imprisonment as authorized by G.S § 14-4 or any amendments thereto.

(B) Any act constituting a violation of the provisions of this chapter or a failure to comply with any of its requirements, including violations of any conditions and safeguards established in connection with the grants of variances or conditional-use permits, shall also subject the offender to a civil penalty of $100 per day. If the offender fails to pay this penalty within 10 working days after being duly cited for a violation, the county, in a civil action in the nature of debt, may recover the penalty.