Zoning & Rezoning
Rezoning begins with an Application Form (PDF) submitted to the Planning Department. The applicant provides the Town Staff all the information needed for review by the Planning and Zoning Board as stated on the application.
Fee and Petition
A fee of $500 for a regular rezoning, and $600 fee if a conditional rezoning is charged to cover the costs of advertisement and administration. After the rezoning petition is checked for completeness, a public meeting with the Planning Board is scheduled based on a pre-arranged schedule.
The Planning Board
The first review of rezoning petitions is held in a public hearing before the Planning Board. The Board considers impacts the rezoning of the property might have upon the long range plans of the Town. The Board's duty is to generate a recommendation that will be given to the Town Board. They can recommend that the Board either approves the rezoning petition or that the Board denies the rezoning petition. The date of public hearing is set based on a pre-set schedule.
The rezoning must be advertised prior to the public hearing. The Planning Department is responsible for placing a legal advertisement of the pending rezoning in a paper of local distribution. The first advertisement appears 10 days prior to the public hearing. Information about the requested rezoning is also posted on a sign placed on the property 10 days before the hearing. All adjacent property owners are also notified.
The Town Board
A second public hearing is held before the Town Board. The Board hears citizen input both for and against the rezoning, and discusses the rezoning petition among its members. The Town Board will take action on the request at the same meeting or the public meeting or will table the petition.
The North Carolina General Assembly adopted Session Law 2015-160, amending requirements for the process formerly known as Protest Petition. The name of this process has been changed and "super majority" voting requirements removed. The law now provides, 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 board at least two business days prior to the proposed vote on such change, the clerk to the board shall deliver such written statement to the city council.
If the proposed change is the subject of a quasi-judicial proceeding under G.S. 160A-388, the clerk shall provide only the names and addresses of the individuals providing written comment, and the provision of such names and addresses to all members of the board shall not disqualify any member of the board from voting.