Rezoning Process
Some frequently asked questions about zoning and rezoning...
What is my property zoned?
To verify the zoning of property and uses permitted, contact the Planning Department (516-2626, Fax 516-2684) or the Inspections Department (516-2495). You may check your zoning district using iMAPS on-line property mapping resource. If you intend to apply for permits or are considering a rezoning, please confirm this information with the Planning Department staff before you submit.
What uses are permitted in zoning districts?
The uses permitted on a property are determined by the zoning district. The "List of Permitted Uses by Zoning Districts" (available in the Planning Department, 4th floor) lists uses allowed by zoning district and the type of approval process applicable to each. For more specific information on a particular use, refer to the "Schedule of Permitted Uses in Zoning Districts" from the Zoning Code.
What do I need to consider when determining if a petition should be submitted?
If a zoning change is desired, contact Greg Hallam, Zoning Administrator in the Planning Department (516-2636). If a specific use is desired, the Zoning Administrator can help the applicant determine the most appropriate district for rezoning. If no specific use is envisioned, the Zoning Administrator will provide the applicant with information about uses allowed and applicable regulations of the different zoning categories. In either case, the applicant should consider:
The Comprehensive Plan and other City Council adopted plans. Staff in the Planning Department can explain the relationship between land use policies in adopted plans and zoning regulations, as well as describe the effects of proposed City facilities, such as streets, on the potential rezoning site. Resource documents (see Section IV) can be acquired in the Planning Department. The applicant may desire to pursue a change in the Comprehensive Plan prior to submitting a rezoning. The Planning staff can describe the procedure involved.
The zoning history and pattern in the vicinity.
The Zoning Administrator can point out recent or past rezonings, the zoning pattern in the vicinity and reasons for City Council or Planning Commission actions.
What is conditional use zoning? How is it different from general use zoning?
A rezoning case may be for either a general use district or a conditional use district. For a general use rezoning, City Council considers all the potential uses which would be allowed under the proposed rezoning district. City Council is not allowed to consider specific site plans or conditions as a basis for a decision. Anyone can file a request for a general use rezoning. Only the property owners can request a conditional use case. The owners voluntarily limit development on the site under conditional use zoning, such as the type of use or building sizes permitted. Conditions must be more restrictive than what would normally apply under the corresponding general use zoning district. The City Council considers each of these conditions in making a decision on the rezoning. Conditional use rezoning is a more complicated procedure than general use rezoning. A conditional use case should not be filed unless the applicant is prepared to discuss aspects of site development and use limitations on the property.
How can a petitioner get feedback from citizens prior to the public hearing?
Any rezoning applicant should attempt to discuss the proposal with adjacent property owners and with the appropriate Citizens Advisory Councils (CACs). The CACs are City-sponsored community groups which often evaluate rezoning requests and make recommendations at the public hearing. To determine the CACs affected by a proposal, and meeting schedules, contact the Community Services Department (996-6100).
How is a rezoning case decided? How long does it take?
Rezoning involves filing a formal petition with the Planning Department. No rezoning can occur without a public hearing and a recommendation from the Planning Commission to the City Council. Special joint hearings of the City Council and Planning Commission are held four times a year - in January, April, July and October - to review all rezoning requests. See filing deadlines
What is a Valid Statutory Protest Petition (VSPP)?
If a valid statutory protest petition (VSPP) is filed in opposition to a rezoning request, the City Council cannot approve the request unless it does so by a vote of three-fourths of all Council members. A simple majority can approve all other requests. To file a VSPP, the petition must:
Be signed by the owner(s) (including both husband and wife if there is joint ownership) of twenty percent (20%) or more of the area of the lots included in the rezoning request; or be signed by the owner(s) of property which represents five percent (5%) or more of a 100-foot-wide buffer extending along the entire boundary of the property to be rezoned. A street right-of-way shall not be considered in computing the 100-foot buffer area as long as that street right-of-way is 100 ft. wide or less; and, (Recent changes to State Law); and be delivered, by 5pm no less than two (2) full working days before the hearing date, not including the actual day of the hearing and not including any City observed holidays, Saturdays or Sundays; and be delivered to the office of the City Clerk, Room 207, Municipal Building, 222 West Hargett Street, before the deadline; and include a statement of opposition on each page of signatures at the top of the petition. The statement should be simply and clearly worded. You are encouraged to use the City's standard protest petition form. Click to download .doc (MS Word) or .pdf (Adobe). Those signing the petition should include their addresses. People delivering the original petition (not a copy) to the City Clerk should leave their name, address and telephone number through which they can be contacted.
What is the rezoning process?
1. Obtain applications in the Planning Department, 3rd floor, One Exchange Plaza(516-2626) or download now. The filing fee for a General Use rezoning is $514. For a Conditional Use rezoning, the filing fee is $1028. Make sure the application is completed and signed. Submit by the rezoning request deadline!
2. Once an application is filed, no permit will be issued, nor site plan reviewed unless it conforms to both the existing and proposed zoning, until the case is acted upon by City Council. Once the case is formally accepted and advertisement for public hearing has been prepared (usually about 6 weeks before the hearing), the case cannot be withdrawn, but must be acted upon by City Council.
3. Once an application is filed, the rezoning case must proceed to the next regularly scheduled public hearing or be withdrawn the Monday proceeding 5 weeks prior to the date of the public hearing. The rezoning case may not be "held" or "deferred" for a future public hearing date.
4. Citizen Notification and Participation prior to the Public Hearing Effective in March, 2002, the procedures were amended to require earlier notification, discussions and negotiations between the applicant and the surrounding neighbors. The following must be adhered to by a conditional use zoning applicant:
Conditional Use Requirements:
Minimum of 6 weeks prior to the scheduled public hearing date, the applicant must conduct a meeting with the adjacent property owners. “At least ten (10) days prior to the meeting date with the owners of property, the applicant shall notify the owners of property about the meeting; notice shall be by first class mail or certified mail return receipt.
A minimum of 4 weeks prior to the scheduled public hearing date, a report of the meeting shall be provided to the staff and neighbors from the applicant - regular mailing. This report shall include attendance at the meeting, summary of issues discussed and description of any changes resulting from the meeting.
Failure to hold this meeting within the allotted time period or failure to submit the required report of the meeting within the time period will cause the rezoning request to be withdrawn, the filing fee will be forfeited and the application process must be re-initiated. (Note: The two-year waiting period does not apply in this case as the rezoning request was not advertised for public hearing.)
5. A public hearing is held. At the hearing, the following sequence occurs for each case:
The Mayor will open each hearing with a general explanation of procedures.
The Planning Department staff will briefly describe the requests.
The Mayor will allow those people in favor of the request eight (8) minutes to explain their support.
The Mayor will allow those people opposing the request eight (8) minutes to explain their opposition.
Proponents may save some of their eight minutes for rebuttal.
6. The case is referred to the Planning Commission for a recommendation. The Planning Commission meets regularly twice monthly on the Tuesday of the week following the City Council meetings. The Commission meeting is open to the public, but individuals are not allowed to speak unless they are asked a question by a Commission Member.
Often, the petitioner for a conditional use rezoning case will add or modify conditions at this time to respond to concerns expressed at the hearing. The petitioner has 120 days from the time of hearing to modify conditions, and an additional 15 days to modify conditions and 45 days to allow the applicant to submit a revised PDD Master Plan upon receipt by City Council of the Planning Commission's recommendation.
7. The Planning Commission may recommend for:
Approval or denial of the original application.
Approval or denial of an application with amended conditions.
Approval of an alternate zoning district less intense than the district originally requested.
Further consideration by City Council of a conditional use application pending submittal of further conditions.
8. The case is referred to the City Council, with the Planning Commission recommendation.
The City Council may adopt the Planning Commission recommendation, adopt a modified version of the recommendation, or make a completely different decision. Difficult cases are often referred to a committee.
If the Planning Commission recommends further consideration of additional conditions for a conditional use zoning application, the case will be referred to a committee to receive these conditions.
If a "valid" protest petition has been filed with the City Clerk at least two working days before the hearing date (excluding Saturdays, Sundays and City observed holidays) three-fourths of the City Council must vote in favor of the petition in order to approve it (10-2165(h)).
If a case is denied, it cannot be refiled within two years from the original filing date, unless a waiver is granted by City Council (10-2165(d)(1)). There is now a $154 fee for requesting a waiver of the two-year waiting period. Obtain the application in the Planning Department, 3rd floor, One Exchange Plaza (516-2626) or download now.
For More Information Contact:
DeShele Sumpter
Planning Technician
Planning Department
One Exchange Plaza, Suite 304
Raleigh, NC 27602
919-516-2646
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