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1/4/10
ORDINANCE NO. (2010) TC TC-2-10
AN ORDINANCE TO ESTABLISH A PROCESS FOR THE REVIEW ANDOFFICIAL ACCEPTANCE OF ZONING CONDITIONS OFFERED AS PART OFA CONDITIONAL USE REZONING PETITION, CLARIFICATIONS ON VALIDCONDITIONS AND REVISIONS TO NEIGHBORHOOD MEETINGREQUIREMENTS AND SUBMITTAL REQUIREMENTS FOR REZONINGSBE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RALEIGH,NORTH CAROLINA that:Section 1.
Amend Section 10-2165 by deleting subsection (b) in itsentirety and substituting in lieu thereof the following:(b) Conditional Use Zoning Petition.
(1) General requirements.
A conditional use zoning petition
shall
only be submitted from allthe
owners
of the
property
included in the petition. The petition mustspecify
the use or uses prohibited or
the use or uses allowed,including the maximum number of
dwelling
or
rooming units
, and allland development regulations which are requested forthe
property
submitted for rezoning. The requested use or uses mustbe permitted in the corresponding general use district except forconditional use overlay districts authorized by this chapter. All thoseregulations which apply to the corresponding general use zoningdistrict are the minimum requirements in the conditional use zoningdistrict except for conditional use overlay districts authorized by thischapter. In addition, conditions which represent greater restrictions ondevelopment and use of the
property
than would apply in thecorresponding general use zoning district, or which involve subdivision,
stormwater control,
flood protection, or other limitations on landwhich
may
be regulated by
City
and State law,
may
be specified in thepetition.
Zoning conditions associated with a
lot
line common tothe subject
property
and an adjacent
property(ies) shall
referencethe Deed Book / Page Number or recorded Book of Maps / PageNumber of the associated adjacent
property.
(2) Prohibited zoning conditions.
No condition
may
be made part of the petition which specifiesownership status, race, religion, or character of occupant, minimumvalue of improvements, or any other exclusionary device.
Nocondition
shall
be submitted that proposes to regulate the future
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sale or marketing of property, allowable building materials, right-of-way reimbursement values, prohibitions of cross-access orpublic street connections or extensions, limitations on the hoursof refuse collection or the submittal of a traffic impact analysis,nor
shall
any site plans, renderings or other images be submittedas part of the rezoning application with the exception of thoseassociated with a Planned Development Conditional Use OverlayDistrict Master Plan.
No condition
may
be made part of the petitionwhich duplicates an existing
City
Code requirement. For any conditionspecified on the petition which
may
affect potential compliance with therequirements of the
Comprehensive Plan
, applicable redevelopmentplans, or the Subdivision/Site Plan Standards Ordinance, or anyother
City
ordinance on the
property
requested for rezoning, propersubmittal of information and review
shall
be requested by the PlanningDepartment, including requirements under chapter 3 of this Part, priorto a
City
Council
decision on the rezoning.
(3) Neighborhood meeting.
At least six (6) weeks prior to the public hearing date,
Within six (6)months prior to the submittal of any conditional use zoningpetition,
the applicant
shall
conduct a meeting within the zoning jurisdiction with
with the adjacent/nearby property owners that maybe impacted by the proposed rezoning. At a minimum, meetingnotices shall be mailed to
(1) the
owners
of
property
included in theproposed change, (2) the
owners
of
property
adjacent to and withinone hundred (100) feet (not counting
street rights-of-way
) on all sidesof the parcel, or lot, or tract proposed to be rezoned. - the same
owners
of
property
required to be listed in the application of thepetitioner as set forth in the last paragraph of section 10-2165(c). Atleast ten (10) days prior to the meeting date with the
owners
of
property
, the applicant
shall
notify the
owners
of
property
about themeeting; notice
the neighborhood meeting notices
shall
be
sent
byfirst class mail or certified mail return receipt. If notification is to be byfirst class mail, the applicant
shall
deliver the sealed, addressed,stamped envelopes to the
Department of City
Planning Department
together with a roster of all addressees
prior to the aforementionedten-day period. If notification is to be by certified mail return receipt,copies of the return receipts
shall
be given to the
Department of City
Planning Department
at the time of submittal of the conditional usezoning petition. at least four (4) weeks prior to the public hearing date.The applicant
may
use the local Citizens Advisory Council meeting;provided, the meeting time and notices comply with the terms set forthherein.
A report of the meeting, made by the applicant,
shall
be givento the
Department of City
Planning Department and mailed by firstclass post to the
owners
of
property
within one hundred (100) feet on
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all sides of the proposed change (not counting
street rights-of-ways
)four (4) weeks prior to the public hearing date.
at the time ofsubmittal of the conditional use zoning petition
. The report
shall
include, among other things: a list of those
persons
and organizationscontacted about the meeting, and manner and date of contact, thedate, time, and location of the meeting, a roster of the
persons
inattendance at the meeting, a summary of issues discussed at themeeting, and a description of any changes to the rezoning petitionmade by the petitioner
following
such meeting.
The Department ofCity Planning is directed not to accept a conditional use zoningpetition if the applicant has failed to conduct the meeting, complywith the required meeting notification or submittal of the meetingreport as required above.(4) Changes to zoning conditions.
Upon delivery to the newspaper for publication of notice of aconditional use zoning district application,
During the review anddeliberation of a conditional use rezoning petition from the timeof submittal to the Monday preceding the five (5) week periodprior to the scheduled public hearing, specified conditions
may
be removed or changes to the specified conditions
may
be addedwhich are less restrictive. During the review and deliberation of aconditional use rezoning petition beginning from the date five (5)weeks prior to the scheduled public hearing
, no
changes
amendments to the conditions specified
may
be added to the petitionwhich are less restrictive, including but not limited to less setback,more
dwelling
or
rooming units
, greater height, more
access points
,new uses, and fewer improvements. However, more restrictiveconditions or additional conditions, such
as well
as a reduction in thesize of the request and a change to a higher zoning classification,
may
be added
in writing
to the signed petition byall
owners
of
property
covered by the original petition.
At least ten (10) calendar days prior to the submittal of anychange to the zoning conditions an unsigned draft copy of theproposed changed conditions
shall
be submitted to theDepartment of City Planning for review and comment. TheDepartment of City Planning is instructed not to accept anychanges to the zoning conditions other than those time periodsspecified below.a. One (1) set of changes to the zoning conditions between thefiling period deadline and five (5) weeks prior to the date of thescheduled public hearing.
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