Rezoning - FAQ
Q. What is conditional use zoning?
A. Conditional use zoning allows the property owner to place zoning conditions on the property and if the rezoning is approved, it becomes legally binding. Some examples of zoning conditions are: prohibiting specific uses from locating on the property, limiting building height, providing increased setbacks, providing a planted buffer yards and/or privacy fence. The property owner may also restrict development on the site by other means such as increased setbacks or decreased height limits. The City Council considers each of these conditions in making a decision on the rezoning. The applicant is required to hold a meeting with adjacent property owners at least six (6) weeks before the scheduled public hearing date. The purpose of this meeting is to encourage discussion and to provide an opportunity for resolving neighborhood concerns and issues.
Q. How does someone file a statutory protest petition?
A. A statutory protest petition may be obtained at the office of the City Planning Department or downloaded from the City of Raleigh website at the link provided above. To file a valid protest petition, 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 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 he entire boundary of the property to be rezoned. A street right of way shall not be considered in computing the 100-foot-wide buffer area as long as that street reight of way is 100 feet wide or less - AND-
-
Be delivered no less than two (2) full business days before the public hearing date (5:00 p.m.), not including the actual day of the hearing and not including holidays, or weekends - AND -
-
Be delivered to the office of the City Clerk in room 207 of the Raleigh Municipal Building located at 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
- Those signing the petition should include their address
- Those delivering the petition to the City Clerk's office should leave their name, address and telephone number by which they may be contacted
Q. Does the staff make recommendations on rezoning requests?
A. The Department of City Planning does not make specific recommendations on rezoning requests. The Department of City Planning will compile a Staff Report which provides relevant factual information to help the Planning Commission and the City Council in their evaluation of the request. Within the Staff Report, the Department of City Planning completes a Comprehensive Plan Consistency analysis of the request to measure the rezoning proposal with the policies of the Comprehensive Plan and compatibility will surrounding properties.
Q. Can anyone file a petition to rezone property?
A. Yes. The Department of City Planning is instructed to accept all petitions for rezoning to a general use district classification regardless of whether the petitioner is the property owner. Only the property owner(s) may apply for rezoning to a conditional use district classification.
Q. How is a zoning case decided?
A. Special joint hearings of the City Council and the Planning Commission are held four times a year - in January, April, July, and October - to review all rezoning requests. The hearings allow both the City Council and the Planning Commission to receive comments from both proponents and opponents of each zoning case. After the zoning cases have been heard, they are referred to the Planning Commission for consideration at their next meeting. The Planning Commission meets regularly on Tuesdays during the weeks following the City Council meetings at 9:00 a.m. in the City Council Chambers. These meetings are open to the public. Members of the Planning Commission discuss each case in light of what is in the best interest of the entire city and then vote to recommend either approval, approval with modifications, or denial of the request. A decision may be delayed or referred to a committee if the Commission needs additional information or time to study the request. The City Council makes the final decision on all zoning cases.
Q. What is the CAC?
A. The Citizens Advisory Council (CAC) is a local group made up of community residents who advise the City Council on important neighborhood issues. To find out when and where your local CAC meets, contact the Community Services Department at (919) 996-6100.
Process Description >>
|
