(A) Applicability.
(1) Amendments to the Official Zoning Map shall be made in accordance with the provisions of this section. The Board of Commissioners shall consider amendments to the Official Zoning Map, as may be required from time to time.
(2) Rezonings should correspond with the boundary lines of existing platted lots or parcels. Where the boundaries of a rezoning request stop short of an exterior property line, it must be possible to subdivide and develop that portion of the property outside the proposed rezoning boundary in accordance with the existing zoning and other requirements of this chapter.
(3) All zoning requirements shall be met within the boundaries of the area being rezoned. If all of the requirements cannot be met on the site being rezoned, prior to advertisement of the legislative hearing, the rezoning shall be expanded to include all property necessary to meet zoning requirements.
(4) No amendment to the Official Zoning Map of Greene County that down-zones property shall be initiated nor is it enforceable without the written consent of all property owners whose property is the subject of the down-zoning amendment, unless the down-zoning amendment is initiated by the county. For purposes of this prohibition, "down-zoning" means a zoning ordinance that affects an area of land in one of the following ways: (a) by decreasing the development density of the land to be less dense than was allowed under its previous usage, or (b) by reducing the permitted uses of the land that are specified in the Zoning Code to fewer uses than were allowed under its previous usage.
(B) Initiation of amendment. A request for a rezoning may be initiated by the Board of Commissioners, the Planning Board, or the Zoning Administrator. An owner of land within the jurisdiction of the county (or a duly authorized agent or representative) may petition the Board of Commissioners for a rezoning.
(C) Pre-application conference.
(1) Prior to submitting a formal application, a pre-application consultation may be conducted at the applicant's request. It is recommended that the applicant prepare a sketch plan or some depiction of the proposed development concept to a pre-application meeting with the Zoning Administrator to be sure the project will meet all requirements.
(2) Notwithstanding any provision contained in this chapter to the contrary, neither the staff's review of the plan submitted for review nor staff's comments to the applicant relating thereto shall be considered a denial, approval or decision concerning the application.
(D) Application submittal.
(1) All applications for a zoning map amendment (rezoning) shall be submitted in accordance with § 154.036, Common Review Procedures.
(2) Application shall include a description and statement of the present and proposed zoning regulation or district boundary, and the names and addresses of the owner or owners of the property involved.
(3) An application for a rezoning should be submitted to the Zoning Administrator no later than 30 days prior to the meeting at which it is to be considered.
(4) A separate application must be submitted for each parcel of land that has different ownership.
(E) Notice of hearing on proposed zoning map amendments.
(1) Mailed notice. The owners of affected parcels of land and the owners of all parcels of land abutting that parcel of land shall be mailed a notice of the hearing on a proposed zoning map amendment by first-class mail at the last addresses listed for such owners on the county tax abstracts. For the purpose of this section, properties are "abutting" even if separated by a street, railroad, or other transportation corridor. This notice must be deposited in the mail at least ten but not more than 25 days prior to the date of the hearing.
(2) Optional notice for large-scale zoning map amendments. The first-class mail notice required under division (E)(1) of this section shall not be required if the zoning map amendment proposes to change the zoning designation of more than 50 properties, owned by at least 50 different property owners, and the county elects to use the expanded published notice provided for in this division. In this instance, the county may elect to make the mailed notice provided for in division (E)(1) of this section or, as an alternative, elect to publish notice of the hearing as required by G.S. § 160D-601, provided that each advertisement shall not be less than one-half of a newspaper page in size. The advertisement shall only be effective for property owners who reside in the area of general circulation of the newspaper that publishes the notice. Property owners who reside outside of the newspaper circulation area, according to the address listed on the most recent property tax listing for the affected property, shall be notified according to the provisions of division (E)(1) of this section.
(3) Posted notice. When a zoning map amendment is proposed, the county shall prominently post a notice of the hearing on the site proposed for the amendment or on an adjacent public street or highway right-of-way. The notice shall be posted within the same time period specified for mailed notices of the hearing. When multiple parcels are included within a proposed zoning map amendment, a posting on each individual parcel is not required but the county shall post sufficient notices to provide reasonable notice to interested persons.
(F) Action by the Zoning Administrator.
(1) The Zoning Administrator shall prepare a staff report that reviews the rezoning request in accordance with any adopted plans and policies of the county and the general requirements of this chapter.
(2) Following completion of technical review by staff, the Zoning Administrator shall forward the completed request and any related materials to the Planning Board for a recommendation.
(G) Action by the Planning Board.
(1) Zoning amendments. All proposed amendments to the zoning map shall be submitted to the Planning Board for review and comment. If no written report is received from the Planning Board within 30 days of referral of the amendment to that Board, the Board of Commissioners may act on the amendment without the Planning Board report. The Board of Commissioners are not bound by the recommendations, if any, of the Planning Board.
(2) Plan consistency. When conducting a review of proposed map amendments pursuant to this section, the Planning Board shall advise and comment on whether the proposed action is consistent with the Greene County Comprehensive Plan and any other officially adopted plan that is applicable. The Planning Board shall provide a written recommendation to the Board of Commissioners that addresses plan consistency and other matters as deemed appropriate by the Planning Board, but a comment by the Planning Board that a proposed amendment is inconsistent with the Greene County Comprehensive Plan shall not preclude consideration or approval of the proposed amendment by the county. If a zoning map amendment qualifies as a "large-scale rezoning" under G.S. § 160D-602(b), the Planning Board statement describing plan consistency may address the overall rezoning and describe how the analysis and policies in the relevant adopted plans were considered in the recommendation made.
(3) Separate board required. Notwithstanding the authority to assign duties of the Planning Board to the Board of County Commissioners as provided by G.S. Ch. 160D, the review and comment required by this section shall not be assigned to the Board of County Commissioners and must be performed by a separate board.
(4) Following Planning Board review, the Zoning Administrator shall forward the completed request and any related materials, including the Planning Board recommendation (if applicable), to the Board of Commissioners for final action.
(H) Citizen comments. If any resident or property owner in the county submits a written statement regarding a proposed amendment, modification, or repeal to a zoning regulation, including a map amendment, to the clerk to the Board of Commissioners at least two business days prior to the proposed vote on such change, the clerk to the Board shall deliver such written statement to the Board of Commissioners. If the proposed change is the subject of a quasi-judicial proceeding under G.S. § 160D-705 or any other statute, the clerk shall provide only the names and addresses of the individuals providing written comment, and the provision of such names and addresses to all members of the Board shall not disqualify any member of the Board from voting.
(I) Action by the Board of Commissioners.
(1) Following the receipt of a recommendation from the Planning Board, the Board of Commissioners shall conduct a legislative hearing, in accordance with § 154.036(F), Quasi-Judicial and Legislative Hearings, to review and consider the application, the relevant supporting materials, the Zoning Administrator's report and recommendation (if given), the recommendation of the Planning Board, and the comments given during the hearing (if any), or pursuant to division (H) of this section. Following the close of the legislative hearing, the Board of Commissioners shall take one of the following actions:
(a) Approve the application for amendment to the Official Zoning Map as submitted;
(b) Approve the application for amendment to the Official Zoning Map with a reduction in the size of the area requested in the application;
(c) Deny the application for amendment to the Official Zoning Map; or
(d) Remand any application back to the Planning Board for further consideration.
(2) Board of Commissioners' statement.
(a) Plan consistency. When adopting or rejecting any zoning map amendment, the Board of County Commissioners shall approve a brief statement describing whether its action is consistent or inconsistent with the Greene County Comprehensive Plan. The requirement for a plan consistency statement may also be met by a clear indication in the minutes of the Board of County Commissioners that at the time of action on the amendment the Board of County Commissioners was aware of and considered the Planning Board's recommendations and any relevant portions of the Greene County Comprehensive Plan. If a zoning map amendment is adopted and the action was deemed inconsistent with the Plan, the zoning amendment shall have the effect of also amending any future land-use map in the approved plan, and no additional request or application for a plan amendment shall be required. A plan amendment and a zoning amendment may be considered concurrently. The plan consistency statement is not subject to judicial review. If a zoning map amendment qualifies as a "large-scale rezoning" under G.S. § 160D-602(b), the Board of County Commissioners statement describing plan consistency may address the overall rezoning and describe how the analysis and policies in the relevant adopted plans were considered in the action taken.
(b) Additional reasonableness statement for rezonings. When adopting or rejecting any petition for a zoning map amendment, a statement analyzing the reasonableness of the proposed rezoning shall be approved by the Board of Commissioners. This statement of reasonableness may consider, among other factors, (i) the size, physical conditions, and other attributes of the area proposed to be rezoned, (ii) the benefits and detriments to the landowners, the neighbors, and the surrounding community, (iii) the relationship between the current actual and permissible development on the tract and adjoining areas and the development that would be permissible under the proposed amendment; (iv) why the action taken is in the public interest; and (v) any changed conditions warranting the amendment. If a zoning map amendment qualifies as a "large-scale rezoning" under G.S. § 160D-602(b), the Board of County Commissioners statement on reasonableness may address the overall rezoning.
(c) Single statement permissible. The statement of reasonableness and the plan consistency statement required by this section may be approved as a single statement.
(J) Approval criteria. In evaluating any proposed map amendment, the Planning Board and the Board of Commissioners shall consider the following:
(1) Whether, and to the extent, which the proposed amendment is consistent with any comprehensive plan that has been adopted and any other officially adopted plan;
(2) Whether, and to the extent which, the proposed amendment addresses a demonstrated community need;
(3) Whether, and to the extent which, the proposed amendment is compatible with existing and proposed uses surrounding the land subject to the amendment;
(4) Whether, and to the extent which, the proposed amendment would result in a logical and orderly pattern of development;
(5) Whether, and to the extent which, the proposed amendment would encourage premature development in the area subject to the amendment;
(6) Whether, and to the extent which, the proposed amendment would result in adverse impacts to property values in the area surrounding the land subject to the amendment;
(7) Whether, and to the extent which, the proposed amendment would result in significantly adverse impacts on the natural environment.
(K) Modification of application. An applicant in a rezoning matter may reduce the geographic scope from that requested in the application by filing a statement of modification with the Zoning Administrator.
(L) Reapplication for zoning map amendment. If the application for a zoning map amendment is denied by the Board of Commissioners, applicants must wait one full year before applying for the rezoning of the same property. Exceptions to this limitation include requests originating from the Planning Board, Board of Adjustment or County Administration. The Board of Commissioners, by 80% affirmative vote of its total membership, may waive this restriction.
(Ord. passed 6-21-21)