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(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)
(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)
(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)
(a) Waiting period - general. When an application for a zoning amendment has been approved or denied by the Asheville City Council, no rezoning application covering the same property shall be accepted or considered within 12 months after the date of the approval or denial. This restriction shall apply regardless of whether or not the new application is for a zoning classification different from the original application.
(b) Waiting period - waiver. The waiting period required by this section may be waived by a three-fourths vote of Asheville City Council if it determines that there have been substantial changes in conditions or circumstances which may relate to the request.
(Ord. No. 2369, § 1, 5-27-97)
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