ARTICLE VII. TEXT AMENDMENTS AND MAP AMENDMENTS

Sec. 7-7-1. General.

The Asheville City Council may amend, supplement, modify, or repeal the regulations set forth in this chapter or amend the zoning maps. Such amendments shall be evaluated for compliance with the city's comprehensive plan and other applicable adopted plans, and may require a comprehensive plan amendment pursuant to section 7-4-2 of this chapter.

(Ord. No. 2369, § 1, 5-27-97; Ord. No. 3306, § 1(d), 11-22-05)

Sec. 7-7-2. Initiation of amendments.

Proposed changes or amendments to the text of this chapter may be initiated by the Asheville City Council, the Asheville Planning and Zoning Commission, the board of adjustment, the planning and development director, any owner of a legal or equitable interest in land located in the city or its extraterritorial jurisdiction, or any resident of the city or its extraterritorial jurisdiction. Proposed zoning map amendments may be initiated by the Asheville City Council, the Asheville Planning and Zoning Commission, the board of adjustment, the planning and development director, or any owner of a legal or equitable interest in the property for which the map amendment is requested. A zoning study of a defined area may be requested upon submittal to the planning and development department of a petition signed by 51 percent of the property owners in the defined area for which the zoning study is requested who own at least 51 percent of the property (acreage) in the defined area for which the zoning study is requested. The area for which the zoning study is requested must be defined by the petitioners requesting the zoning study and may be of any size and include any number of individual contiguous parcels, including a public street. The area defined by the petitioners will be used by city staff to determine if the required 51 percent of property owners owning at least 51 percent of the property have signed the petition requesting the zoning study. Upon confirmation that the petition for a zoning study is valid, it shall be forwarded to the Asheville City Council for a determination of whether the zoning study should be initiated for the defined area and any portion thereof. The city council may initiate the zoning study, elect not to initiate the zoning study, or reduce the size of the area to be included in the zoning study and initiate a zoning study of the reduced area.

(Ord. No. 2369, § 1, 5-27-97)

Sec. 7-7-3. Petition requirements.

(a)   Pre-filing meeting. Before filing a petition for an amendment or a request for a zoning study, an applicant shall meet with the planning and development director to discuss the proposed amendment or request and to become more familiar with the applicable requirements and approval procedures of the city.

(b)   Filing.

(1)   A petition requesting an amendment or a zoning study shall be filed with the planning and development department on a form provided by the director.

(2)   Applicable fees shall be payable as set forth in the City of Asheville's Fees and Charges Manual.

(3)   Petitions must be submitted by 12:00 noon on the last Friday of a month in order for the petition to be heard at the meeting of the planning and zoning commission scheduled at least 30 days later.

(c)   Content of applications.

(1)   Each application shall contain or be accompanied by all information required on the application form provided by the planning and development director.

(2)   Every amendment proposing to change the district boundary lines shall be accompanied by a metes and bounds description, a survey of the area involved, or reference to existing lots, sufficient in the estimation of the planning and development director to plot or otherwise identify the amendment on the official zoning maps of the City of Asheville.

(3)   Any person designated by the owner(s) of the property included in the petition to serve as agent for the owner shall submit such authorization in writing with the application.

(Ord. No. 2369, § 1, 5-27-97; Ord. No. 3296, § 1, 10-25-05)

Sec. 7-7-4. Review by the Asheville Planning and Zoning Commission.

(a)   Review—general. The Asheville Planning and Zoning Commission shall hold a public hearing to consider proposed amendments. Notice of the public hearing shall be provided in accordance with the provisions of section 7-5-20 of this chapter. The public hearing shall be conducted in accordance with the rules of procedure of the commission. The commission will make recommendations to the Asheville City Council regarding whether to approve or deny each proposed amendment. When considering an amendment, the Asheville Planning and Zoning Commission shall base its decision on considerations as set forth in subsection 7-7-5(b).

(b)   Affirmative recommendation by the Asheville Planning and Zoning Commission. Following an affirmative recommendation by the Asheville Planning and Zoning Commission on the proposed amendments, the action shall be reported to the Asheville City Council for a public hearing and final action according to the process set forth is subsection 7-7-5 of this chapter. The public hearing will be scheduled as provided by city council's rules of procedure.

(c)   Negative recommendation by the Asheville Planning and Zoning Commission. Following a negative recommendation by the Asheville Planning and Zoning Commission on the proposed amendments, the action shall be reported to the Asheville City Council for a public hearing and final action according to the process set forth in subsection 7-7-5. The public hearing will be scheduled as provided by city council's rules of procedure.

(d)   No action by the Asheville Planning and Zoning Commission. If the Asheville Planning and Zoning Commission has made neither a positive nor a negative recommendation on a proposed amendment within 30 days of referral of the amendment to the Commission, the Asheville City Council may act on the amendment without the Planning and Zoning Commissions report. The proposed amendment shall be accompanied by a record of the Asheville Planning and Zoning Commission's comments regarding the amendment and the reasons, if any, for their lack of action.

(e)   Content of recommendations. Any recommendation made by the planning and zoning commission to the city council pursuant to this section shall be in writing and shall include a statement describing whether the proposed amendment is consistent with the comprehensive plan and any other applicable plan, and shall address any other matter deemed appropriate by the commission.

(Ord. No. 2369, § 1, 5-27-97; Ord. No. 2428, § 9, 11-11-97; Ord. No. 2843, § 1(e), 8-28-01; Ord. No. 3306, § 1(e), 11- 22-05; Ord. No. 3374, § 1(r), 7-11-06; Ord. No. 4381, § 1(X), 6-8-21)

Sec. 7-7-5. Action by the Asheville City Council.

(a)   Review—general. Following receipt of a recommendation on a proposed amendment, the Asheville City Council shall hold a public hearing on the proposed amendment. The public hearing will be scheduled and conducted as provided by city council's rules of procedure. Notice of the hearing shall be provided in accordance with the provisions of section 7-5-20 of this chapter and the North Carolina General Statutes.

(b)   Action.

(1)   Before acting on any proposed amendment, the Asheville City Council shall consider any recommendation made by the Asheville Planning and Zoning Commission, the recommendation submitted by the Planning and Development Department to the Asheville Planning and Zoning Commission, the comments made at the public hearing, and any other relevant additional information.

(2)   With the exception of conditional zonings as described in section 7-7-8, when considering a proposed amendment, the Asheville City Council will not evaluate the petition based on any specific proposal for the use or development of the property. The petitioner shall not use any graphic materials or descriptions of the proposed development except for those which would apply to all uses permitted by the requested classification.

(3)   Upon reviewing all pertinent information, the Asheville City Council may:

a.   Adopt the proposed amendment;

b.   Reject the proposed amendment;

c.   Refer the proposed amendment back to the Asheville Planning and Zoning Commission for further consideration or hearing; or

d.   Modify the proposed amendment.

(4)   Considerations during decisions. Prior to adopting or rejecting any zoning amendment, the city council shall adopt a statement describing whether its action is consistent with the comprehensive plan and any other applicable plan, and shall state why the action taken is considered to be reasonable and in the public interest.

(Ord. No. 2369, § 1, 5-27-97; Ord. No. 2843, § 1(f), 8-28-01; Ord. No. 3306, § 1(f), 11-22-05; Ord. No. 3374, § 1(s), 7- 11-06; Ord. No. 4381, § 1(Y), (Z), 6-8-21)

Sec. 7-7-6 Reserved.

Editor's note(s)—Ord. No. 4381, § 1(A1), adopted June 8, 2021, repealed § 7-7-6, which pertained to protests and derived from Ord. No. 2369, § 1, adopted May 27, 1997; Ord. No. 3306, § 1(g), adopted Nov. 22, 2005; and Ord. No. 3572, § 1(h), Jan. 8, 2008.