Mount Holly City Zoning Code
CHAPTER 14
AMENDMENT PROCEDURE
§ 14.1 AMENDMENT INITIATION.
Applications to change, supplement or amend this ordinance may be initiated by:
(A) Text amendment (development regulations):
(1) The City Council;
(2) The Planning Commission; and
(3) Anyone who owns property or resides in the area of jurisdiction of this ordinance or the agent of such person.
(B) Map amendment (Conventional District and Conditional District):
(1) The City Council;
(2) The Planning Commission;
(3) Anyone who owns property or resides in the area of jurisdiction of this ordinance or the agent of such a person; provided, however, map amendments involving conditional districts may only be initiated by the owner or authorized agent of the owner.
(Ord. passed 5-13-1996)
§ 14.2 SUBMITTAL AND FEES.
(A) General.
(1) All applications for amendments to this ordinance shall be in writing, signed and filed with the Planning Department. The Planning Department, shall, before scheduling any amendment application for consideration by the Planning Commission, ensure that it contains all the required information as specified in this ordinance and on the application form. Applications which are not complete, or otherwise do not comply with the provisions of this ordinance shall not be scheduled by the Planning Department, but shall be returned to the applicant with a notation of the deficiencies in the application.
(2) Completed applications shall be received a minimum of 30 days prior to the Planning Commission meeting at which the proposed amendment is to be considered for the setting of a public hearing. All applications for amendment shall contain, as a minimum, a description of the proposed change and if it would require a change of the zoning or land use maps, the following:
(a) A map drawn to a scale of not less than 400 feet to the inch and not more than 20 feet to the inch showing the land covered by the proposed amendment;
(b) A metes and bounds description of the area proposed to be changed;
(c) The names and addresses of all the property owners included in the change as shown on the latest tax list; and
(d) The names and addresses of all adjoining property owners, including across any street, as shown on the latest tax list.
(B) Legislative hearing notification requirements.
(1) Text amendment (development regulations). Before adopting, amending or repealing any ordinance or development regulation authorized by this chapter, the Planning Commission and City Council shall hold a legislative hearing. Any complete application shall be submitted to the Administrator at least 30 days prior to the first legislative hearing before the Planning Commission. This shall be sufficient time period for the staff to review the application and produce a staff report and to ensure that all applicable notification requirements can be met. The second legislative hearing shall take place before City Council after the Planning Commission has been given an opportunity to review and make a recommendation on the application. A notice of the hearing shall be given once a week for two successive calendar weeks in a newspaper having general circulation in the area. The notice shall be published the first time not less than ten days, nor more than 25 days, before the date scheduled for the hearing. In computing such period, the day of publication is not to be included but the day of the hearing shall be included.
(2) Map amendment (Conventional District and Conditional District). Before any property is rezoned, the Planning Commission and City Council must hold a legislative hearing. Any complete application shall be submitted to the Administrator at least 30 days prior to the first public hearing before the Planning Commission. This shall be sufficient time period for the staff to review the application and produce a staff report and to ensure that all applicable notification requirements can be met. The second public hearing shall take place before City Council after the Planning Commission has been given an opportunity to review and make a recommendation on the application. Notification of the public hearing shall be as follows.
(a) A notice shall be published in a newspaper having general circulation in the City of Mount Holly once a week, for two successive weeks; the first notice to be published not less than ten days or more than 25 days prior to the date established for the first public hearing.
(b) The Administrator shall post at least one notice on the site proposed for rezoning or an adjacent public street or highway right-of-way at least ten days prior to the governing board public hearing. Where multiple parcels are included within a proposed zoning map amendment, a posting on each individual parcel is not required, but the City of Mount Holly shall post sufficient notices to provide reasonable notice to interested persons. Such notice shall state the nature of the public hearing and its date, time and location at which it is to be held. The notice shall be removed only after final action has been taken on the matter. In lieu of any or all of this information to be contained on this posted notice, the notice may give a phone number where interested parties may call during normal business hours to get further information on the proposed map amendment requested.
(c) A notice of the public hearing shall be sent by first class mail by the Administrator to the applicant and to all adjacent property owners at least ten days prior to the first public hearing.
(d) Optional notice for large-scale Zoning Map amendments. The first-class mail notice required hereunder shall not be required if the zoning map amendment proposes to change the zoning designation of more than 50 properties, owned by at least 50 different property owners, and the local government elects to use the expanded published notice provided for in this division (B)(2). In this instance, a local government may elect to make the mailed notice provided for in division (B)(2)(c) above or, as an alternative, elect to publish notice of the hearing as required by G.S. § 160D-601; provided that, each advertisement 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 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 provisions of division (B)(2)(c) above.
(3) Information. Any legislative hearing notice published or mailed shall state the nature of the public hearing, the date, time and place at which the hearing is to occur, and who to call and/or see for more information.
(Ord. passed 5-13-1996)
§ 14.3 PLANNING COMMISSION ACTION.
(A) The Director of Planning shall present any properly completed application for amendment to the Planning Commission at its next regularly scheduled meeting occurring at least ten days after filing of such application with the Planning Department. At that meeting the Planning Commission shall set a public hearing on the application at a future date not more than 45 days after receipt of the application by the Commission. The Planning Commission shall hold a public hearing on the proposed amendment in accordance with its rules of procedure. The Planning Director shall cause public notice to be made as is required in accordance with the Commission’s rules.
(B) The Planning Commission shall either recommend in favor of an amendment or in opposition to an amendment by simple majority vote of those present and voting. The Commission may also propose conditions to their recommendation. A tie vote on a proposal shall be considered to be in opposition to such amendment. If the Planning Commission should fail to act on any proposal within 30 days after it is first presented to the Commission such failure to act shall be considered to be a favorable recommendation for the purposes of this procedure.
(C) When conducting a review of proposed zoning text or map amendments pursuant to this section, the Planning Commission shall advise and comment on whether the proposed action is consistent with any comprehensive plan that has been adopted and any other officially adopted plan that is applicable. The Planning Commission shall provide a written recommendation to the governing board that addresses plan consistency and other matters as deemed appropriate by the Planning Commission, but a comment by the Planning Commission that a proposed amendment is inconsistent with the comprehensive plan shall not preclude consideration or approval of the proposed amendment by the governing board. If a Zoning Map amendment qualifies as a “large-scale rezoning” under G.S. § 160D-602(b), the Planning Commission statement describing plan consistency may address the overall rezoning and describe how the analysis and policies in the relevant adopted plans were considered in the recommendation made.
(Ord. passed 5-13-1996)
§ 14.4 CITY COUNCIL ACTION.
(A) The Planning Director shall present any proposed amendments and the Commission’s recommendations to the City Council at its next regular scheduled meeting at which it considers setting public hearings for zoning amendment proposals. The Planning Director shall transmit to the City Council such information from the action of the Planning Commission as, in his or her opinion, constitutes the Board’s record on the proposed amendments.
(B) The City Council shall take such lawful action on such proposals as it may deem advisable provided that no zoning amendment shall be adopted until after a public hearing shall have been held and public notice given as required by law.
(C) When adopting or rejecting any zoning text or map amendment, the governing board shall approve a brief statement describing whether its action is consistent or inconsistent with an adopted comprehensive plan. The requirement for a plan consistency statement may also be met by a clear indication in the minutes of the governing board 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 an adopted 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. The plan consistency statement is not subject to judicial review. If a zoning map amendment qualifies as a “large-scale rezoning” under G.S. § 160D-602(b), the governing board statement describing plan consistency may address the overall rezoning and describe how the analysis and policies in the relevant adopted plans were considered in the action taken.
(D) (1) When adopting or rejecting any petition for a zoning map amendment, a statement analyzing the reasonableness of the proposed rezoning shall be approved by the governing board. 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.
(2) If a zoning map amendment qualifies as a “large-scale rezoning” under G.S. § 160D-602(b), the governing board statement on reasonableness may address the overall rezoning.
(E) The statement of reasonableness and the plan consistency statement required by this section may be approved as a single statement.
(Ord. passed 5-13-1996)
§ 14.5 CONDITIONAL ZONING DISTRICTS (CD).
(A) Application.
(1) Petitioning for a CD Zoning District is a voluntary procedure and can be initiated by all owners of the property to be included. Every application for the rezoning of property to a CD District shall be accompanied by a site plan, drawn to scale containing all of the information outlined in division (B) below. The Administrator shall schedule a meeting with the applicant, prior to any public involvement meeting (PIM) being advertised and/or held to review the rezoning application and site plan to make sure that it meets, at a minimum, all minimum requirements of this ordinance. The timeline will also follow the annexation policy adopted as part of the Comprehensive Land Use Plan.
(2) Furthermore, no application shall be considered complete unless it is accompanied by a fee, in accordance with a fee schedule approved by the governing board for the submittal of an application for rezoning to a CD District. Said fee shall be waived for any application submitted by any official or agency acting on behalf of the City of Mount Holly or the State of North Carolina.
(3) The Administrator may require the petitioner to submit more than one copy of the rezoning application in order to have enough copies available to circulate to other government agencies for review and comment. When dealing with the conditional zoning district process, it may be desirable to request additional information in order to evaluate a proposed use and its relationship to the surrounding area. Therefore, the Planning Commission and/or City Council may request additional information [in addition to that required above], as they deem necessary.
(B) Procedures.
(1) A pre-application meeting between the applicant and the Administrator shall be required in order to familiarize the applicant of the procedure for securing approval of a conditional zoning. The Administrator shall accept no conditional zoning application for review without such meeting having first occurred unless the Administrator determines that such meeting would not serve any meaningful purpose and waives the meeting requirement.
(2) Procedures for application submittal are as follows:
(a) A complete conditional zoning application that is signed by the applicant and which is accompanied by a submittal fee (in accordance with a fee scheduled approved by City Council) shall be filed with the Administrator; and
(b) The application shall be accompanied by a drawing or plan, drawn to scale, that includes or is accompanied by the following:
1. Name, address and phone number of the property owner (or his or her agent) and the property identification number of the property (Note: the property owner or his authorized agent are the only two parties who may initiate a request for a conditional zoning.);
2. A boundary survey and vicinity map, showing the property’s total acreage, general location in relation to adjoining streets, railroads and/or waterways, date and north arrow. The zoning classification of the property in question and contiguous properties shall also be shown (In lieu of the boundary and survey maps, one or more up-to-date tax maps depicting the area in question may be submitted. Any required drawing or depiction of the proposed development or use shall not appear on the tax maps, but rather shall appear on the drawing or plan.);
3. The name and addresses of all owners, tax parcel numbers and existing land use(s) of all contiguous properties;
4. Proposed use of all land and structures including the number of residential units proposed, if any, and total square footage of non-residential development;
5. Location of all proposed structures, their approximate area and exterior dimensions, height and proposed number of structures;
6. A description of all screening and landscaping required by the Zoning Ordinance and/or proposed by the applicant; the delineation of any wooded, landscaped or grassed areas existing prior to development and proposed to remain on the property once the development is completed;
7. All existing easements, reservations and rights-of-way;
8. Proposed phasing, if any, and approximate completion time for the project;
9. Delineation of areas within the regulatory floodplain as shown on the official Federal Emergency Management Agency (FEMA) flood hazard boundary maps for Gaston County;
10. Traffic, parking and circulation plans, showing the proposed location and arrangement of parking spaces and ingress and egress to adjacent streets;
11. A list, if any, of all additional development conditions or standards that differ from those that would normally apply to that use. Only conditions that exceed the Zoning and Subdivision Ordinance minimum standards can be considered and listed by the applicant;
12. The Administrator reserves the right to waive the depiction of some or all of the information contained in divisions (B)(2)(b)5. through (B)(2)(b)10. above when, in his or her opinion, such information is not a requirement of this ordinance for the particular conditional use being requested. Notwithstanding, if either the Planning Commission or City Council determines that additional information as set forth in divisions (B)(2)(b)5. through (B)(2)(b)10. above is needed to render a recommendation or decision on the application, they may require the applicant to submit such additional information; and
13. In lieu of showing all of the information in divisions (B)(2)(b)5. through (B)(2)(b)11. above, the applicant may submit a general development plan which shows on the proposed site, by land use type, the areas to be developed for buildings and parking and shall show all points of ingress and egress onto thoroughfares and collector streets.
(C) Public involvement meeting.
(1) Once the requisite number of complete applications has been submitted to the Administrator and the requisite fees have been paid, and prior to the public hearing on the rezoning request, a public involvement meeting (PIM) shall be scheduled and held. Such meetings shall occur prior to any recommendation by the Planning Board and approval by the City Council.
(2) The PIM is designed to provide a framework for creating a shared vision with community involvement directed by the applicant in accordance with the following requirements.
(a) The applicant shall provide an agenda, schedule, location and list of participants such as landscape architects, engineers and the like to answer questions from citizens and service providers for the PIM in cooperation with the Administrator.
(b) It is recommended that the PIM last two to four hours, depending on the nature of the proposed development and its location. A minimum of one hour should be scheduled during normal business hours to allow service providers and other public agencies (such as public works officials, NCDOT, NCDENR, QNRC and the like) to participate as needed and to allow for citizens to drop in at a convenient time throughout the period. It is recommended (but not mandated) that this portion of the PIM take place at the proposed development site. In addition, a second one-hour (minimum) meeting should be scheduled at a conveniently located meeting site agreed upon by the applicant and the Administrator. Notwithstanding the above, a PIM may last for different amounts of time, depending on the nature of the development, its location and the number of parties involved and/or attending the meeting.
(c) Notice of the PIM shall at a minimum, be given as follows.
1. A public notice shall be sent by the City of Mount Holly to a newspaper having general circulation in the City of Mount Holly not less than ten days or more than 25 days prior to the date of the PIM.
2. A notice shall be sent by first class mail by the City of Mount Holly to the applicant and to the owners of all properties that lie in Gaston County within 250 feet as measured from the exterior boundaries of the proposed development and which are located within an annexation agreement boundary that such city/town has with any other municipality. The applicant shall furnish the City of Mount Holly with mailing labels that depict the names and addresses of the owners of all properties within said 250-foot area. Such notice shall be sent not less than ten days prior to the date of the PIM. The notification shall contain information regarding the PIM time and location(s) as well as a general description of the proposal.
3. With respect to division (C)(2)(c) above, the applicant shall reimburse the City of Mount Holly for all postage and advertising expenses incurred for such notifications.
4. A PIM notification sign shall be posted by the City of Mount Holly in a conspicuous place at the property not less than ten days prior to the PIM. The sign shall indicate date, time and location(s) of the PIM. In lieu of any or all of this information to be contained on this posted notice, the notice may give a phone number where interested parties may call during normal business hours to get further information on the PIM.
(d) The Administrator will keep notes of comments received during the PIM. A summary of the comments made shall be included in any staff report prepared by the Administrator relative to the rezoning request. Following the PIM, the applicant shall have the opportunity to make changes to the application to take into account information and comments received. One or more revised copies of the application shall be submitted to the Administrator for review. No additional fee shall be required to be paid for making such changes provided the Administrator receives the revised application within 30 days following the PIM. If a revised application is not received during said 30-day period, the Administrator shall review the original application submitted.
(D) Administrator approval. The Administrator shall have up to 30 days following any revision of the application to make comments. If the Administrator forwards no comments to the applicant by the end of any such 30-day period, the application shall be submitted to the Planning Board for its review without any further comment.
(E) Plans and other information to accompany petition.
(1) Every application for the rezoning of property to a CD District shall be accompanied by a site plan, drawn to scale containing all of the information outlined in division (B) above.
(2) Furthermore, no application shall be considered complete unless it is accompanied by a fee, in accordance with a fee schedule approved by the governing board for the submittal of an application for rezoning to a CD District. Said fee shall be waived for any application submitted by any official or agency acting on behalf of the City of Mount Holly or the State of North Carolina.
(F) Public hearing notification requirements. Before any property is rezoned to a CD District, the Planning Commission and City Council must hold a legislative hearing after the public information meeting has been concluded. Notification of the legislative hearing shall follow § 14.2(B) of this chapter.
(G) Planning Commission review. The Planning Board shall have at least 30 days to make a recommendation on the proposed change, said 30 days being measured from the date of the date of initial referral of the amendment by staff to the Planning Commission. If a recommendation is not made during said time period, the application shall be forwarded to City Council without a recommendation. Any such Planning Commission recommendation shall be accompanied by statements that address:
(1) Whether the proposed amendment is consistent with any comprehensive plan that has been adopted by the governing board and any other officially adopted plan that is applicable;
(2) Other matters that the Planning Commission deems appropriate; and
(3) Why it considers the action taken to be reasonable and in the public interest.
(H) Action by city. Conditional Zoning District decisions are a legislative process subject to judicial review using the same procedures and standard of review as apply to general use district zoning decisions. Once the public hearing has been held, City Council shall take action on the petition. The public hearing, once opened, can be continued to a later date and action take at that time. City Council shall have the authority to:
(1) Approve the application as submitted;
(2) Deny approval of the application;
(3) Approve the application with modifications that are mutually agreed to by the applicant and the governing board. Such conditions shall be in compliance with division (F) above; and
(4) Submit the application to the Planning Commission for further study. The Planning Commission shall have up to 30 days from the date of such submission to make a report to the governing board. If no report is issued, the governing board can take final action on the petition. City Council reserves the right to schedule and advertise a new public hearing based on the Planning Commission’s report.
(I) Conditions to approval of petition. In approving a petition for the reclassification of a piece of property to a CD District, the Planning Commission may recommend, and City Council may require, that reasonable and appropriate conditions be attached to approval of the petition. Such conditions shall be limited to those that address the conformance of the development and use of the site to City of Mount Holly ordinances and plans adopted pursuant to G.S. § 160D-501, or other plan and those that address the impacts reasonably expected to be generated by the development or use of the site. The petitioner will have a reasonable opportunity to consider and respond to any additional requirements prior to approval or denial by the governing board. In no instance shall any of these conditions be less restrictive than any requirements that would otherwise pertain to that particular development if it were located in a general or parallel conditional zoning district. Such conditions may exceed any performance criteria or minimum requirements listed elsewhere in this ordinance that pertain to that development. Statements that analyze whether the rezoning is consistent with an adopted comprehensive plan and any other officially adopted plan and other matters that the City Council deems appropriate and why it considers the action taken to be reasonable and in the public interest shall be prepared and accompany each final decision relative to the CD rezoning request.
(J) Effect of approval; Zoning Map designation. If a petition for a CD District is approved, the development and use of the property shall be governed by the predetermined ordinance requirements applicable to the district’s zoning classification, the approved site 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 these regulations and to the Zoning Map and Future Land Use Map. Following the approval of the petition for a CD District, the subject property shall be identified on the Zoning Map by the appropriate district designation followed by the letters “CD” (i.e., CD-RSF.) The Future Land Use Map, as appropriate, shall also be updated if the approved request changes the adopted map. Notwithstanding, the Administrator may make minor changes to the approved site plan administratively without necessitating a need to rezone the property to a different conditional district classification.
(Ord. passed 5-13-1996)