Zoning Map Change

Sec. 3.5. Zoning Map Change

3.5.1. Description

A. Purpose

The purpose of a zoning map is to amend the zoning district boundaries of the Official Zoning Map.

B. Initiation

A zoning map change may be initiated by the governing body, the Planning Commission, the Board of Adjustment, the Planning Director or designee, a citizen or the property owner Any person having charge of any real property according to the records held by the Register of Deeds. or their agent, except as follows:

1. A petition for a zoning map change with a development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. may only be initiated by the property owner Any person having charge of any real property according to the records held by the Register of Deeds. or their agent.

2. A petition for a zoning map change that is considered a “down-zoning,” as defined per NCGS §160D-601(d), as applicable, shall only be initiated by the applicable governing body, unless written consent is provided by all owners Any person having charge of any real property according to the records held by the Register of Deeds. of property subject to the zoning request.

C. Development Plans

The development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. shall become a part of the zoning map change petition and shall be reviewed concurrently with the zoning map change petition. Subsequent site plans An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. or plats A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided. shall not deviate from the plan, unless otherwise allowed, or required under this Ordinance. Deviation may require a zoning map change, as established in paragraph 3.5.12, Deviations from Approved Development Plans. Unless a development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. also functions as a site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development., it is not a site specific vesting plan pursuant to Sec. 3.20, Vested Rights. The right to develop Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. pursuant to a development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance., whether approved under this Ordinance or any previous ordinance, accrues only for any portion of the plan for which a site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. or preliminary plat A map indicating the proposed layout of a development and related information that is submitted for preliminary review. is approved, and then only for the period of validity specified in this Ordinance, or where a vested right The right of property owner to develop in accordance with NCGS 160D-108 and the provisions of this Ordinance. is established pursuant to Sec. 3.20, Vested Rights.

D. Optional and Mandatory Development Plans

The development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. may be used by the petitioner in any zoning district; however, the development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. shall be required as follows:

1. Rezoning to the PDR, CC, MU, and IP districts;

2. Additions to the UC District after the initial zoning map change A zoning map change that establishes the City’s zoning authority over newly annexed territory, per NC General Statute 160D-202(g), or establishes the County’s zoning authority over newly relinquished territory, per NC General Statute 160D-202(h). establishing the District on each campus; and

3. As otherwise required in this Ordinance.

E. Traffic Impact Analysis

A traffic impact analysis may be required if the proposed zoning map change meets the threshold requirements established in Sec. 3.3, Traffic Impact Analysis.

3.5.2. Pre-Application Conference

Pursuant to paragraph 3.2.2, Pre-Application Conference, a pre-application conference is required prior to the submittal of a zoning map change application.

3.5.3. Neighborhood Meeting

An applicant petitioning for a zoning map change, including an initial zoning due to annexation, shall hold neighborhood meeting(s) as set forth in paragraph 3.2.3, Neighborhood Meeting.

3.5.4. Consistency with the Comprehensive Plan

A. Consistency with the Comprehensive Plan The overall development plan for the community which has been officially adopted to provide long-range development policies including all specified individual elements thereof among which are the plans for land intensities; land subdivision; circulation; and community facilities, utilities and services. shall be considered with all petitions for a zoning map change.

B. If a zoning map change request is approved, but determined inconsistent with the Place Type Map of the Comprehensive Plan The overall development plan for the community which has been officially adopted to provide long-range development policies including all specified individual elements thereof among which are the plans for land intensities; land subdivision; circulation; and community facilities, utilities and services., the Place Type Map shall be considered amended to the applicable land use designation. A recommendation on the land use designation shall be provided by the Planning Director or designee.

C. When a zoning map change request requires an amendment to a Tier boundary, an application for amending the Tier boundary shall be submitted concurrently with the zoning map change application. The public hearings for both applications may be heard at the same time; however, decisions shall be rendered with separate motions.

3.5.5. Application Requirements

A. An application for zoning map change shall be submitted in accordance with paragraph 3.2.4, Application Requirements.

B. Zoning map changes should correspond with the boundary lines of existing platted A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided. lots or tracts Contiguous land under one ownership or under multiple ownership either developed as a single unit or recorded as a single unit.. If the boundaries of a zoning map change request stop short of an exterior property line, that portion of the property outside the proposed zoning map change boundary shall be capable of being subdivided and developed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. in accordance with the existing zoning and other requirements of this Ordinance.

C. All zoning requirements shall be met within the boundaries of the area being proposed for change, unless the area being changed is utilizing a development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. and is an addition to an existing area zoned with a development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance.. If all of the requirements cannot be met on the site being changed, the zoning map change shall be expanded to include necessary property being used to meet zoning requirements. Projects utilizing a development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. may be expanded without meeting this criterion if, considering the original development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. area, the requirement can be met without violating The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. any committed elements Elements, Commitments.. Projects utilizing this provision shall provide graphics and/or a chart demonstrating how the requirements are met.

D. (County Only) If the boundaries of a zoning map change request in process are modified so as to 1) remove property from the request, and 2) have the effect of separating other adjoining properties from the boundaries of the modified request, that change shall be considered a substantial change In regards to wireless communication facilities, a modification that substantially changes the physical dimensions of an existing tower or base station if it meets any of the criteria detailed in the FCC Report and Order FCC14-153, or as amended. from the original request and shall result in the modified request being considered a new zoning map change request and requiring resubmittal with a new application and applicable fees.

3.5.6. Development Plan

A. Purpose

A development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. provides additional information with a zoning map change petition and establishes the level of development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. that will be allowed on the property. A development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. is also intended to identify proffered commitments Elements submitted as part of a development plan associated with a zoning map change, which are binding and establish the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. Formerly known as "committed elements." that are greater than Ordinance requirements.

B. Designation/Effect

When a proposed zoning map change includes a development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance., the letter “D” shall follow the proposed zoning district designation. If approved, the letter “D” shall remain as a part of the zoning designation of the property. The proffered elements submitted as part of the development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance., called "commitments Elements submitted as part of a development plan associated with a zoning map change, which are binding and establish the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. Formerly known as "committed elements."" must be enforced by staff. Approved commitments Elements submitted as part of a development plan associated with a zoning map change, which are binding and establish the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. Formerly known as "committed elements." are binding on the property and establish the level of permitted development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land.. "Commitments Elements submitted as part of a development plan associated with a zoning map change, which are binding and establish the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. Formerly known as "committed elements."" may also be referred to as "committed elements Elements, Commitments." throughout this Ordinance.

Commentary: The Planning Department will require a mechanism to ensure compliance with commitments Elements submitted as part of a development plan associated with a zoning map change, which are binding and establish the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. Formerly known as "committed elements.". Depending upon the nature of the commitment, a written compliance document may be required.

C. Authority of Planning Director

The Planning Director is authorized to:

1. Delegate authority under this section to a designee;

2. Determine whether modification of an unapproved development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. or deviation from an approved development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. is significant/substantial or minor, or more or less stringent, if not specified in this section;

3. Determine whether a conflict exists between commitments Elements submitted as part of a development plan associated with a zoning map change, which are binding and establish the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. Formerly known as "committed elements.". Any conflict between commitments Elements submitted as part of a development plan associated with a zoning map change, which are binding and establish the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. Formerly known as "committed elements.", including design commitments Elements submitted as part of a development plan associated with a zoning map change, which are binding and establish the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. Formerly known as "committed elements.", shall be resolved in favor of the most stringent;

4. Determine whether an element is a commitment if it is not specified as such in this section; and

5. Determine whether additional staff review time is necessary following addition of commitments Elements submitted as part of a development plan associated with a zoning map change, which are binding and establish the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. Formerly known as "committed elements." at hearings through proffers or illustrative graphic depictions.

6. When an element not listed needs to be determined to be allowed on a textual development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance., or requires a graphic development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance., the Planning Director shall have the authority to determine whether the commitment is allowed.

(2) Existing and proposed Zoning districts and overlays on the site;

(3) Existing and proposed Intensity/density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. for each zoning district or overlay (square feet if non-residential, units if residential);

(4) A chart or table including the minimum ordinance requirements and proposed amounts of the following:

(a) Building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. setbacks The minimum distance between a property line (or a different encumbrance, improvement, or feature as required within a specific regulation) and a building or structure.;

(b) Project boundary buffers;

(c) Maximum impervious area for the site and for each separately zoned portion of the site, indicated numerically for the overall site and each portion;

(d) Tree preservation and/or replacement; and

(e) Open space Areas of a development that allow for light, air, wildlife habitat, and for scenic and recreational use. Also included are areas designed to enhance the privacy or general appearance of a development. Private open space is open space that is owned by a corporation, individual, or house owners association. Public open space is open space owned by a governmental jurisdiction..

(5) Graphic development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. plans shall also include the following information depicted in graphic form:

(a) General location of external access points and connections to existing roads See “Street, Public” and “Street, Private.”;

(b) Dedications The transfer without payment of ownership or other interest in real property from a private entity to a public agency. or reservations The withholding by a private entity of specific real estate from development pending acquisition by a public agency. made for consistency with adopted plans, including transportation plans, or as otherwise required by this Ordinance or other law;

(c) Railroad corridors as required under Sec. 12.6, Railroad Corridors;

(d) Any proposed private streets pursuant to paragraph 12.2.2A.1, Private Streets and Roads.

(e) Areas committed for preservation, including but not limited to steep slopes; stream buffers A natural or vegetated area adjacent to a stream through which stormwater runoff flows in a diffuse manner so that the runoff does not become channelized and which provides for the infiltration of runoff and filtering of pollutants.; wetland An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly as hydrophytic vegetation, as defined by responsible State or Federal agencies. buffers; Inventory See "Durham Inventory" sites; sites on maps or lists maintained by the State Historic Preservation Office A room, group of rooms, or building whose primary use is the conduct of a business, professional service, or governmental activity of a non-retail nature; including administration, record keeping, clerical work, and similar functions. This definition is not meant to include manufacturing, processing, repair, or storage of materials or products. (SHPO), including but not limited to maps for sites listed in the National Register of Historic Places, the Study List for potential designation, determination of eligibility sites, and surveyed sites; sites identified in the Durham Architectural and Historic Inventory See "Durham Inventory" and applicable local historic preservation plans; and sites identified in the Durham County Archaeological Inventory See "Durham Inventory" and other identified archaeological sites, including cemeteries A place used or to be used and dedicated or designated for interment of human remains or pet animal remains. and burial grounds;

(f) Tree preservation areas and tree replacement areas.

F. Commitments Allowable Under Development Plans

1. Types of Commitments

Commitments Elements submitted as part of a development plan associated with a zoning map change, which are binding and establish the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. Formerly known as "committed elements." can consist of, but are not limited to, the following within either a graphic or textual development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance.:

a. Description of number, type, or range of uses and/or housing types;

b. General location of on- or off-site road See “Street, Public” and “Street, Private.” improvements, including pedestrian and bicycle improvements;

c. Depiction or description of the location and area of open space Areas of a development that allow for light, air, wildlife habitat, and for scenic and recreational use. Also included are areas designed to enhance the privacy or general appearance of a development. Private open space is open space that is owned by a corporation, individual, or house owners association. Public open space is open space owned by a governmental jurisdiction., recreation areas, trails and greenways, tree preservation areas, or buffers other than project boundary or stream buffers A natural or vegetated area adjacent to a stream through which stormwater runoff flows in a diffuse manner so that the runoff does not become channelized and which provides for the infiltration of runoff and filtering of pollutants.;

d. additional buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. width or opacity The surface area of a fence, wall or buffer that is impenetrable to light when viewed perpendicularly to the plane of the fence, wall or buffer.;

e. Specific landscaping features or vegetation types and opacity The surface area of a fence, wall or buffer that is impenetrable to light when viewed perpendicularly to the plane of the fence, wall or buffer.;

f. Building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. specifications such as number, location, maximum floor area Area of enclosed (i.e. roofed and walled) built space, excluding any unfinished area used exclusively for storage or mechanical elements., or maximum height;

g. Stormwater The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. control measures;

h. Sustainability measures, including solar and electric vehicle All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. commitments Elements submitted as part of a development plan associated with a zoning map change, which are binding and establish the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. Formerly known as "committed elements.";

i. Depiction or description of areas where mass grading The grading of four acres or more at one time to prepare one or more lot(s) for construction. The phasing or staged grading of a project resulting in less than four acres in any given phase or stage shall not exclude the project from this definition. will not occur (only if being described by acreage or volume);

j. Other building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. or site design elements, such as distinctive architectural features or specific materials; and

k. Affordable housing commitments Elements submitted as part of a development plan associated with a zoning map change, which are binding and establish the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. Formerly known as "committed elements.";

l. Public art A work of art in any medium that has been planned and executed with the specific intention of being sited or staged in the physical public domain, usually outdoors and publicly accessible. commitments Elements submitted as part of a development plan associated with a zoning map change, which are binding and establish the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. Formerly known as "committed elements.";

m. Financial proffers;

n. Transit improvements;

o. Erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. and sediment Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin. control measures.

G. Traffic Improvement(s)

A graphic or textual development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. shall include improvements or measures required to address any deficiencies identified by a Traffic Impact Analysis. If required, such measures shall be in text or graphic form, as appropriate. Such improvements shall be development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. requirements, unless otherwise modified as allowed per 3.5.12.

H. Procedure(s)

An application that does not include a development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. can changed to include a development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. at any time during the application review process. This allowance shall not supersede any authority granted to the Planning Director or designee, or Governing Bodies. In addition, the following procedures apply to textual and graphic development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. plans:

1. Text commitment(s) will be incorporated into the ordinance adopting the zoning designation.

2. A graphic or textual development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. shall include a signed Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. acknowledgement from each property owner Any person having charge of any real property according to the records held by the Register of Deeds.. A signature from an owner Any person having charge of any real property according to the records held by the Register of Deeds.’s representative cannot serve as a substitute for the owner Any person having charge of any real property according to the records held by the Register of Deeds.'s signature unless a document establishing legal authority to act as the owner Any person having charge of any real property according to the records held by the Register of Deeds.’s representative is provided.

4. Modifications that are made to a development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. after the Planning Commission recommendation, but before the governing body hearing, shall be referred to the Planning Commission for an additional hearing as required under paragraph 3.5.9B, Changed Application, (when determined by the Planning Director).

5. A graphic development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. shall be signed Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. and sealed by a Professional Engineer, Registered Architect, or Registered Landscape Architect. All graphic depictions shall be accurately scaled, and separate or additional sheets may be required by the Planning Department.

I. Statutory Development Agreements

A statutory development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. agreement, pursuant to Sec. 3.26, Statutory Development Agreements, proposed in association with the zoning map change application shall be a commitment of the development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance..

J. Phasing Plans

1. A phasing plan may be provided with any graphic development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. but shall be required in the Mixed-Use The purpose for which a building, structure, or area of land may be arranged or occupied or the activity conducted or proposed in a building, structure, or on an area of land. District. The phasing plan shall ensure that residential and non-residential components are constructed to satisfy the intent and requirements of the Ordinance.

2. The phasing plan shall be in graphic form as appropriate and included in the graphic development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance.. It shall identify the sequence and timing of the development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. phases and include utility improvements, land use categories, and areas in square feet or acres. Phasing plan elements shall become committed development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. requirements.

K. Uses and Minor/Major Special Use Permits

No minor or major special use permit is required for uses that otherwise need such a permit pursuant to paragraph 5.1.2, Use Table; Sec 5.3, Limited Use Standards; or for standards specified elsewhere within the Ordinance, if:

1. The use or standard is specified on the approved development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance.; and

2. The location, access, building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. height, and size, as applicable, for the proposed use or standard is specified on the development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance.

3.5.7. Deferral and Withdrawal of an Application for Zoning Map Change

A. Deferral Requests Approved by the Planning Director

1. Deferrals shall be granted by the Planning Director, or designee, under the following criteria:

a. The applicant or an opponent may each seek not more than one deferral for each zoning map change requested. No more than two deferrals (one each from the applicant and an opponent) shall be allowed per proposed zoning map change;

b. Each deferral request shall be for a maximum of one month. Any deferral request shall be made in writing, citing reasons for requesting the deferral; and

c. If the request for deferral is received by the Planning Director or designee and the reasons for the request are made in writing prior to notification being performed for the first Planning Commission or governing body meeting where the item would otherwise be considered.

2. Any other deferrals which do not meet the above criteria shall be treated as a continuance.

3. If the Planning Commission or governing body, as applicable, grants a deferral then new notification and associated fees shall be required.

4. The above procedures are not applicable to proposed zoning map changes that have been designated as “expedited” by a governing body.

B. Withdrawal Request by Applicant

1. The applicant petitioning for a zoning map change may withdraw the application provided that a written request stating the reason for the withdrawal is received by the Planning Director, or designee, at least ten days prior to the public hearing.

2. The request shall be accompanied by mailing labels imprinted with the names and addresses of the previously notified property owners Any person having charge of any real property according to the records held by the Register of Deeds. and a fee sufficient to cover the postage for renotification of surrounding property owners Any person having charge of any real property according to the records held by the Register of Deeds. if the withdrawal occurs after the Planning Commission hearing.

3. The applicant petitioning for a zoning map change with a development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. may withdraw the application at any time prior to the opening of the public hearing before the governing body by withdrawing consent to the development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. being imposed on the applicant’s property.

4. The governing body may vote to allow the applicant to withdraw an application for a zoning map change at any time.

C. Administrative Voiding of an Application

The Planning Director or designee may consider applications withdrawn and voided due to the failure of the applicant to submit required information within 90 days of a request for such information.

D. Resubmittal of Withdrawn Applications

Except in the case of an application where the applicant withdrew consent to a development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance., no application that was previously withdrawn or voided may be resubmitted until at least six months have elapsed since the date of withdrawal. In the case of applications withdrawn or voided as a result of the withdrawal of consent to a development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. after publication of a notice of a public hearing, no new application may be resubmitted until at least 12 months have elapsed since the date of withdrawal. The Planning Director or designee may waive this waiting period if the application has been substantially modified or if there has been a significant change in facts or circumstances since the application was withdrawn.

3.5.8. Action by the Planning Director

A. The Planning Director or designee shall prepare a staff report that reviews the zoning map change request in light of any applicable plans and the general requirements of this Ordinance.

The staff report shall consider the entire range of permitted uses in the requested classification regardless of any representations made that the use will be limited, unless a development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. is submitted that restricts the permitted range of uses to specific uses. The staff report shall include an evaluation of the consistency of the requested classification with adopted plans and the impact of the requested classification on public infrastructure, as well as any specific requirements of the requested classification.

B. The Planning Director or designee shall forward completed zoning map change requests and any related materials to the Planning Commission for a hearing and recommendation at the first regularly scheduled meeting following completion of the technical reviews by staff.

C. The Planning Director or designee shall forward completed zoning map change requests and any related materials, including the Planning Commission recommendation, to the governing body for a public hearing and decision prior to the first regularly scheduled meeting after the Planning Commission hearing.

3.5.9. Action by the Planning Commission

A. General Procedures

1. Before making any recommendation on a petition for zoning map change, the Planning Commission shall consider any recommendations from the Planning Director and shall conduct a public hearing where interested parties may be heard.

2. Notice and public hearing requirements shall be in accordance with paragraph 3.2.5, Notice and Public Hearings.

3. Except in the case of expedited hearings pursuant to paragraph 3.5.9C, Expedited Hearings, the Commission shall make its recommendation within three consecutive regular Commission cycles (approximately 90 days total) of its initial public hearing. The time period for a recommendation may be altered, as in the case of significant modifications, in which case three additional consecutive regular cycles shall be granted before the case shall go to the governing body.

4. When a recommendation is not made within the time periods established in this section, the governing body may process the request without a Commission recommendation.

5. A zoning map change proposed as a County case shall not require rehearing by the Planning Commission if the property subject to the proposed change is annexed into the City before the Board of Commissioners has acted on the case and the annexation is within 12 months of the original Planning Commission recommendation on the zoning map change, unless the applicant has made a significant modification to the application.

B. Changed Application

If the applicant makes a significant modification to an application for a zoning map change after the Commission has made its recommendation, the Planning Director shall refer the modified request back to the Commission for an additional public hearing. In such case, the Commission shall make a recommendation to the governing body within 90 days of the public hearing on the modified application. If a recommendation is not made within this time frame, the governing body may hear the application without a recommendation from the Planning Commission.

C. Expedited Hearing

1. If the governing body has set an expedited hearing concerning a request, in accordance with paragraph 3.5.11B, Expedited Hearing, a public hearing before the Planning Commission shall be held at the first available hearing date or prior to the hearing before the governing body.

2. The Commission shall make a recommendation at this hearing based on the Review Criteria in paragraph 3.5.10, Written Recommendation, Review Criteria, below. The Planning Commission shall not continue a request for which an expedited hearing has been set, nor shall any deferrals be granted for such a request.

3.5.10. Written Recommendation, Review Criteria

The Planning Commission shall provide a written recommendation regarding whether each proposed map change is consistent with the comprehensive plan and other applicable adopted plans. The recommendation shall be based on the reasons articulated by Commission members voting in the majority, and the recommendation shall be developed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. as determined in the Commission’s Rules of Procedure. In addition to plan consistency, Commissioners may also consider other matters deemed appropriate by the Commission, which may include but are not limited to:

A. Compatibility with the present zoning and conforming uses of nearby property and with the character of the neighborhood;

B. Suitability of the subject property for uses permitted by the current versus the proposed district;

C. Whether the proposed change tends to improve the balance of uses, or meets a specific demand in the City and County; and

D. The availability of adequate school, road See “Street, Public” and “Street, Private.”, parks, wastewater treatment, water supply and stormwater The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. drainage facilities for the proposed use.

3.5.11. Action by the Governing Body

A. General Procedures

1. Before taking action on a zoning map change request, the governing body shall consider any recommendations of the Planning Commission, Planning Director or designee, and of staff agencies A sales or service establishment dealing in services or intangible commodities, or commodities not on site, such as a broker's office, travel agency, temporary employee agency, etc., and shall conduct a public hearing where interested parties may be heard.

2. Notice and public hearing requirements shall be in accordance with paragraph 3.2.5, Notice and Public Hearings.

3. Continuances may be granted before action on the request.

4. Following the public hearing, the governing body may approve the request, deny the request, or send the request back to the Planning Commission for additional consideration.

5. In adopting or rejecting a zoning map change, the governing body shall adopt a statement describing whether its action is consistent with the Comprehensive Plan The overall development plan for the community which has been officially adopted to provide long-range development policies including all specified individual elements thereof among which are the plans for land intensities; land subdivision; circulation; and community facilities, utilities and services., and why the action is reasonable and in the public interest. The governing body may adopt the statement furnished by staff or agencies A sales or service establishment dealing in services or intangible commodities, or commodities not on site, such as a broker's office, travel agency, temporary employee agency, etc., including but not limited to the Planning Director or the Planning Commission, or it may formulate its own statement.

6. The map change request approved by the governing body may include changes from the request presented. Changes to a development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. may be made upon the proffer by the applicant of such changes.

7. Approval of a petition gives the applicant the ability to proceed with any additional required approvals.

B. Expedited Hearing

1. The governing body, in situations in which it determines certain standards have been met, may expedite the hearing process on a proposed zoning map change.

2. The governing body may consider a written request from a potential applicant, or from staff, requesting an expedited hearing process. The request shall identify and support the reasons for such expedited consideration.

3. In order to grant the request, the governing body shall find that at least one of the criteria below have been met:

a. Deadlines set by the local, State, or Federal government for receipt of applications for needed funding, designation, or other regulations concerning the property make expedited consideration necessary;

b. The prospective zoning map change request results from an emergency beyond the control of the applicant, such as response to a disaster;

c. The prospective zoning map change request addresses an urgent matter of public health or safety; or

d. There are special circumstances that will have a substantial negative impact on the development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. which could not have reasonably been anticipated and which make expedited consideration necessary.

4. In no event may the governing body hearing occur less than 30 days after the item was granted expedited status.

3.5.12. Deviations from Approved Development Plans

The following deviations from an approved development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. require a zoning map change or an amendment to the development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance., as indicated below.

A. Deviations that Require a Zoning Map Change

1. A decrease by more than 20% in total density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. of the residential development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land., except in a Design District zoning district;

2. A decrease by more than five percent in total density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. in residential projects located within a Design District zoning district, unless that decrease results from the application of UDO requirements relating to size or design.

3. In a nonresidential or mixed-use development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. on a site adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to a residential district Any zoning district with the "R" designation, (RR, RS-20, etc.), including the PDR District., a cumulative expansion by more than five percent of total building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. floor area Area of enclosed (i.e. roofed and walled) built space, excluding any unfinished area used exclusively for storage or mechanical elements. or 4,000 square feet, whichever is greater, or a cumulative decrease of more than 20% of total building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. floor area Area of enclosed (i.e. roofed and walled) built space, excluding any unfinished area used exclusively for storage or mechanical elements..

4. Changes to the proposed phasing of the project where phasing plans are required or commitments Elements submitted as part of a development plan associated with a zoning map change, which are binding and establish the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. Formerly known as "committed elements.".

5. Changes to the use category (for example, residential to office A room, group of rooms, or building whose primary use is the conduct of a business, professional service, or governmental activity of a non-retail nature; including administration, record keeping, clerical work, and similar functions. This definition is not meant to include manufacturing, processing, repair, or storage of materials or products., office A room, group of rooms, or building whose primary use is the conduct of a business, professional service, or governmental activity of a non-retail nature; including administration, record keeping, clerical work, and similar functions. This definition is not meant to include manufacturing, processing, repair, or storage of materials or products. to commercial, commercial to industrial, as described in Article 5, Use Regulations), if limitations on the number, range, or types of uses were proposed with the development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. and the governing body limited its consideration of uses to those uses;

6. A change to the number, location, and/or type (i.e. full versus limited movements) of access points along the same right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. or cardinal direction One of the four principal compass points: north, south, east, or west. of the development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. that does not provide equal or improved safety, circulation, and connectivity.

7. A change in the location of a building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. for sites adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to a property with a residential district Any zoning district with the "R" designation, (RR, RS-20, etc.), including the PDR District. or use .

8. An increase of more than three percent in impervious surface A surface composed of any material that impedes or prevents natural infiltration of water into the soil and qualifies as “built-upon area” as defined by NCGS 143-214.7, as amended. area.

9. A change to an environmental protection, including tree coverage, that exceeds current ordinance requirements.

10. Any graphic or text commitments Elements submitted as part of a development plan associated with a zoning map change, which are binding and establish the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. Formerly known as "committed elements." or committed elements Elements, Commitments. not identified as qualifying as an amendment, below.

11. Any other change to a development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. depiction, unless such depiction is clearly identified as "conceptual" or "illustrative", and not identified as qualifying as an amendment below.

B. Deviations that Require Amendments to Development Plans

The purpose of this paragraph is to allow for a limited range of changes (referred to as “amendments”) to an existing development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. that would not require a new zoning map change. If the proposed amendment would require a new or revised TIA, then it shall require a new zoning map change.

1. The process for amendments shall follow the same adoption process for a zoning map change, but does not change the zoning designation.

2. A petition to change a development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. must include the previously approved development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. documents in their entirety with elements proposed for change clearly delineated (graphically and in text format). Previously approved documentation will be supplemented or replaced in its entirety with the modified development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance..

3. The following qualify as amendments. Proposals utilizing more than two of the categories listed below shall require a zoning map change.

a. Changes to architectural or other building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. design or layout commitments Elements submitted as part of a development plan associated with a zoning map change, which are binding and establish the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. Formerly known as "committed elements.", guidelines, or depictions, including specific limits on height.

b. A change to the requirement on the plan using definitive terms such as, but not limited to, “shall”, “must”, or “will”.

c. Additional, or the removal of, depicted internal access points or connectivity between sections of the development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land..

d. An increase in allowed density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. through the use of a density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. bonus other than an affordable housing bonus.

e. A change in housing type(s) or proportion of housing type mix.

f. A change to identified building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. or parking envelopes.

C. Changes to Portions of Development Plans

If a zoning map change request seeks to rezone a portion of a site under an existing development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance., it shall be demonstrated that the remaining site under the existing development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. can meet all ordinance requirements including committed elements Elements, Commitments. of the development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance.. Otherwise, the entire site under the existing development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. shall require a zoning map change.

D. Changes Following Transfers to Residential Owners

Where a change is proposed to a development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. and a portion of the development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. has been transferred to residential owner Any person having charge of any real property according to the records held by the Register of Deeds.(s), owner Any person having charge of any real property according to the records held by the Register of Deeds. acknowledgment from those owner Any person having charge of any real property according to the records held by the Register of Deeds.(s) is not required if the proposed zoning map change or amendment requires no development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. improvements on those properties.

E. Changes Required by Ordinance or Other Law

Notwithstanding the other requirements of this section and except as stated below, a site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. or preliminary plat A map indicating the proposed layout of a development and related information that is submitted for preliminary review. shall deviate from an approved development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. to conform to the requirements of a new ordinance or other law adopted after development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. approval, and a zoning map change shall not be required. Exceptions are:

1. Where the development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. is vested pursuant to the vested rights The right of property owner to develop in accordance with NCGS 160D-108 and the provisions of this Ordinance. procedure; and

2. As authorized under paragraph 1.10.3A, Approved Site Plans, Plats, and Permits and Completed Applications.

3. Under such exceptions, the site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. or preliminary plat A map indicating the proposed layout of a development and related information that is submitted for preliminary review. shall conform to the approved development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance..

F. Changes Allowed by an Affordable Housing Bonus

Amendments to an existing development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance., or a new zoning map change approval, are not required in order to utilize and comply with the requirements of the affordable housing bonuses within this Ordinance, as applicable.

G. Development Plans that Required a TIA

1. Except for development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. projects that will utilize the affordable housing bonus of this Ordinance, a new zoning map change is required for any proposal that exceeds the peak hour trip generation of the TIA that was performed with the original zoning map change by more than three percent. If a TIA was not required for the development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance., but the proposed development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. requires it, then a zoning map change is required.

2. Committed Public Road Improvements.

a. Road See “Street, Public” and “Street, Private.” improvements that were committed as recommended by the TIA performed with the original zoning map change are exempted at the time of full build-out through a new TIA that demonstrates the intensity of the full build-out of the overall development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. no longer warrants the improvement.

b. The City Transportation Department, and NCDOT, as applicable, shall review the new TIA to verify the accuracy of the analysis, and that the previously recommended and committed improvements are no longer warranted. However, if the new TIA indicates that additional improvements are needed, then those new improvements shall be required of the development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land..

3.5.13. Protest Petition Sufficiency and Procedures (County only)

A. Protest Petition Defined

A petition in opposition to a zoning map change shall be considered a "valid protest petition" if the petition meets the requirements of applicable state law.

Commentary: Session Law SL2015-160 repealed the protest petition process for municipalities, effective upon zoning map change applications submitted after August 1, 2015. This law did not repeal Session Law SL2010-80, which allows protest petitions for zoning map change applications within Durham County’s jurisdiction.

B. Standards

1. The petition must meet the substantive requirements of Session Law 2010-80, and in particular must be signed Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. by the owners Any person having charge of any real property according to the records held by the Register of Deeds. of either:

a. 20% or more of the area included in the proposed change or

b. Five percent of the area of a 100-foot wide buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. extending along the entire boundary of each discrete or separate area proposed to be rezoned. In evaluating the sufficiency of a protest under this provision:

(1) A discrete or separate area shall be calculated for any noncontiguous part of an area proposed for zoning map change that is physically separated from other areas proposed for change by property (not including right of way) that is not part of the requested zoning map change;

(2) A street right of way shall not be considered in computing the 100 foot buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. area as long as the street right of way is 100 feet wide or less.

(3) When less than an entire parcel See “Lot of record.” of land is being rezoned, the 100 foot buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. shall be measured from the property line of the entire parcel See “Lot of record.”.

2. Property Ownership

Property ownership shall be determined based on available recorded property records. In the event of records that are incomplete or in conflict, County tax listings may be used to determine ownership.

3. Other Required Information

The petition shall contain all information required on the form supplied by the Planning Director or designee, or the Clerk to the Board of Commissioners.

C. Procedure

1. A form for a protest petition shall be available from the Planning Director or designee, or the Clerk to the Board of Commissioners.

2. Completed petitions shall be submitted to the Clerk to the Board of Commissioners at least four working days Days exclusive of Saturday, Sunday and (a) when used other than in reference to Sec. 3.8, Sedimentation and Erosion Control, and Sec. 12.10, Sedimentation and Erosion Control, legal holidays recognized by the City or County; or (b) when used in reference to Section 3.8 and 12.10, days during which weather conditions or soil conditions permit land-disturbing activity to be undertaken, as determined by the sedimentation and erosion control officer, or their designee, except where the context clearly indicates otherwise. prior to the day of the public hearing.

3. The Planning Director, or designee, in consultation with the County Attorney, shall determine if the petition meets the criteria for classification of "valid protest petition". The Clerk shall inform the governing body that a petition has been filed and indicate the determination by the Planning Director - or designee - whether the petition is valid or invalid. The Planning Director, or designee, shall notify the petitioner as to the validity of the protest petition.

4. Where a substantial modification to a zoning map change application that requires resubmission to the Planning Commission has been submitted, the Planning Director, or designee, shall notify the petitioner, in writing, that a new protest petition is required.

5. Petitions for zoning map change for which a protest petition has been determined to be valid shall require a ¾ vote of the governing body for approval rather than a simple majority. Vacant positions and members who have been excused from voting because of a conflict of interest shall not be considered in computing governing body membership.

D. Withdrawal

Persons Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. or entities who have signed Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. protest petitions may withdraw their signatures at any time prior to the vote on the proposed map change. Any withdrawal must meet standards established for such withdrawals by the Planning Department. Withdrawals submitted less than two working days Days exclusive of Saturday, Sunday and (a) when used other than in reference to Sec. 3.8, Sedimentation and Erosion Control, and Sec. 12.10, Sedimentation and Erosion Control, legal holidays recognized by the City or County; or (b) when used in reference to Section 3.8 and 12.10, days during which weather conditions or soil conditions permit land-disturbing activity to be undertaken, as determined by the sedimentation and erosion control officer, or their designee, except where the context clearly indicates otherwise. prior to the public hearing may result in a continuance of the hearing if the effect of the withdrawal on the validity of the protest cannot be determined prior to the public hearing.

E. Exemption

The foregoing provisions concerning protest petitions shall not be applicable to any zoning map change that establishes the County’s zoning designation on property that has been relinquished from the City’s jurisdiction, except as provided by general or local law.

3.5.14. Coordination with Site Plans

Approval of a zoning map change with a development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. shall enable the owner Any person having charge of any real property according to the records held by the Register of Deeds. or an authorized agent of the owner Any person having charge of any real property according to the records held by the Register of Deeds. to prepare a site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. in conformance with the zoning map change and development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. for the property. The site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. may be prepared for the entire property or phases of the development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. project in accordance with Sec. 3.7, Site Plan Review.

3.5.15. Subsequent Applications

A. When the governing body has denied a zoning map change, no new application may be filed for a similar zoning map change on the subject site until at least 12 months have elapsed since the date of the previous action. The Planning Director - or designee - may waive this requirement if the application has been significantly modified or there has been a significant change in the facts or circumstances since the previous request.

B. When the governing body has denied an annexation petition, the concurrent zoning map change shall be administratively withdrawn.

Sec. 3.5. Zoning Map Change

3.5.1. Description

A. Purpose

B. Initiation

C. Development Plans

D. Optional and Mandatory Development Plans

E. Traffic Impact Analysis

3.5.2. Pre-Application Conference

3.5.3. Neighborhood Meeting

3.5.4. Consistency with the Comprehensive Plan

3.5.5. Application Requirements

3.5.6. Development Plan

A. Purpose

B. Designation/Effect

C. Authority of Planning Director

D. Requirements

1. Contiguous Development

E. Types of Development Plans

1. Textual Development Plan

a. Required Elements of a Textual Development Plan

2. Graphic Development Plan

a. Required Elements of a Graphic Development Plan

F. Commitments Allowable Under Development Plans

1. Types of Commitments

G. Traffic Improvement(s)

H. Procedure(s)

I. Statutory Development Agreements

J. Phasing Plans

K. Uses and Minor/Major Special Use Permits

3.5.7. Deferral and Withdrawal of an Application for Zoning Map Change

A. Deferral Requests Approved by the Planning Director

B. Withdrawal Request by Applicant

C. Administrative Voiding of an Application

D. Resubmittal of Withdrawn Applications

3.5.8. Action by the Planning Director

3.5.9. Action by the Planning Commission

A. General Procedures

B. Changed Application

C. Expedited Hearing

3.5.10. Written Recommendation, Review Criteria

3.5.11. Action by the Governing Body

A. General Procedures

B. Expedited Hearing

3.5.12. Deviations from Approved Development Plans

A. Deviations that Require a Zoning Map Change

B. Deviations that Require Amendments to Development Plans

C. Changes to Portions of Development Plans

D. Changes Following Transfers to Residential Owners

E. Changes Required by Ordinance or Other Law

F. Changes Allowed by an Affordable Housing Bonus

G. Development Plans that Required a TIA

2. Committed Public Road Improvements.

3.5.13. Protest Petition Sufficiency and Procedures (County only)

A. Protest Petition Defined

B. Standards

2. Property Ownership

3. Other Required Information

C. Procedure

D. Withdrawal

E. Exemption

3.5.14. Coordination with Site Plans

3.5.15. Subsequent Applications