A. Purpose. The purpose of a zoning map amendment (rezoning) is to review and decide upon a proposed amendment to the Official Zoning Map.
B. Applicability. This procedure sets out the requirements for amendments to the zoning district designation of land within the City’s jurisdiction as well as for land coming into the City’s jurisdiction via annexation in accordance with the standards in G.S. §§ 160D-701 through 160D-706. Zoning districts on the Official Zoning Map may be amended per the requirements of this Section. A zoning map amendment shall be reviewed by the TRC and the PB. A PB public meeting is required. CC has final decision-making authority. All applicable common application procedures defined in 3.4.1: Development Review Procedures, must be met. If the rezoning application submitted to Planning and Development does not conform to all applicable regulations, the applicant shall resubmit the plans to Planning and Development for redistribution and review. The following may submit an application for an amendment in each respective situation:
1. Planning Board or City Council. The PB or CC may request a rezoning other than to a conditional district.
2. Owner of Property. The owner of property, or one having financial or close interest in the property with the written consent of the owner, may institute an application for a change in the zoning classification of that particular property.
C. Rezoning Review Process. A rezoning shall occur through a public hearing process and shall be reviewed by the Planning and Development Department for consistency with the regulations of this UDO and any other relevant City ordinances and adopted plans as defined in Section 3.4.1: Development Review Procedures. A staff report by the Planning and Development Department shall be provided to the PB and CC in their public hearings. The procedure for a rezoning shall be used for both a general rezoning and conditional rezoning. A conditional rezoning includes conditions agreed to by the applicant and the City that shall limit development or seek modifications from the standards in this UDO. Applications for a conditional rezoning may not change to a general rezoning application. The application must clearly state which type of rezoning general or conditional) is being sought.
D. Conditional Zoning. This Section establishes the option of conditional zoning within the City of Monroe. Conditional zoning provides an alternative to general zoning within the City which allows flexibility in addressing standards to this UDO. As part of conditional zoning, unique site-specific conditions may be assigned to the property by City Council with agreement by the landowner). The following standards apply:
1. Conditional zoning is defined as a legislative zoning map amendment with site-specific conditions incorporated into the zoning map amendment.
2. A site plan may be approved as part of a conditional zoning. If it is incorporated as a condition in conditional zoning, it is part of that legislative decision.
3. Conditions and site-specific standards imposed in a conditional district shall be limited to those that address the conformance of the development and use of the site to local government ordinances, plans adopted pursuant to G.S. § 160D-501, or the impacts reasonably expected to be generated by the development or use of the site.
4. Amendments to a conditional rezoning application approval shall be considered as minor modifications or major modifications, in accordance with the following:
a. Minor Modifications.
i. Subsequent plans and permits for development within a conditional zoning district may include minor modifications to the conditions of approval, provided the development continues to meet the minimum requirements of the Unified Development Ordinance. Minor modifications are limited to changes that have no material effect on the character of the development or changes that address technical considerations that could not reasonably be anticipated at the time of the conditional rezoning application approval.
ii. The following minor modifications maybe approved by the Director of Planning and Development:
1. Changes to the location of entrances or driveways, the rearrangement of internal streets, drives or access restrictions;
2. Changes to the configuration of parking areas, including the number of parking spaces provided the changes are within 10% of approved parking spaces;
3. Changes to the configuration or location to open space or placement of required amenities, provided the amount of open space (whether active or passive) is unchanged;
4. Changes to the configuration of landscape yards, including the types of materials, provided minimum width and planting requirements are met;
5. Changes to the proposed building elevation or facade, including materials, provided that the change retains the same general architectural character and remains consistent with design parameters established in the approval; and
6. Changes to the arrangement or location of buildings provided there is no increase in the number of buildings, size or amount of impervious surface.
iii. In no instance shall a minor modification include any changes to the range of proposed uses or an increase in lot count.
b. Major Modifications Considered Amendments.
i. Changes that materially affect the basic configuration of the development, basic parameters of conditions of approval, or that exceed the scope of minor modifications are considered major modifications or amendments.
ii. Major Modifications include, but are not limited to:
1. Increase in building height;
2. Changes in proposed use types;
3. Increase in lot count or change in intensity;
4. Decrease in open space;
5. Substantial changes in the location of streets (particularly if streets are to be deleted or access points to the development moved so traffic flows both inside and outside the development are affected); and
iii. Major modifications shall be treated as an amendment that must be reviewed and considered in accordance with the procedures and standards established for the original approval of the conditional rezoning application.
5. If multiple parcels of land are subject to a conditional zoning, the owners of individual parcels may apply for modification of the conditions so long as the modification would not result in other properties failing to meet the terms of the conditions.
6. Any modifications approved shall only be applicable to those properties who owners petition for the modification.
7. Conditional rezoning requests shall meet all standards set forth in Section 4.6, Conditional Zoning, of this UDO.
E. TRC Review. The TRC shall review any rezoning request for conformance to the UDO and any other relevant City ordinances and adopted plans as defined in Section 3.4.1: Development Review Procedures.
F. Planning Board Public Meeting. The PB, following a public meeting, shall make a recommendation to the CC on the rezoning request and comment on its consistency with the UDO and any other relevant City ordinances and adopted plans as defined in Section 3.4.1: Development Review Procedures.
G. Changes to Application. The applicant may make changes, including changes recommended by the PB or CC, to the rezoning application at anytime prior to the CCs decision.
H. City Council Public Hearing.
1. The CC may attach conditions to the rezoning requirements in addition to those required in this UDO. The CC may modify and/or adjust any numerical requirement of this UDO within an amendment if the modification or adjustment meets the intent of the Forward Monroe Plan and provides a development of equal or great quality.
2. The CC shall adopt a consistency statement and a statement of reasonableness for rezoning per G.S. § 160D-605.
3. The CC, at the conclusion of a public hearing, shall decide under legislative discretion, one of the following:
a. Approve the application as submitted.
b. Deny approval of the application.
c. Approve the application with modifications agree to the by the applicant.
d. Table the application to a future public hearing with or without further advertising.
e. Submit the application to the Planning Board for further study. The Planning Board shall have thirty (30) days from the date of such submission to make a report the City Council. Once the Planning Board issues its report, or if no report is issued within that time, the City Council may take action on the application.
4. A note must appear on the land use character area map when a rezoning is approved that is not consistent with the map. The land use character area map is deemed amended when an inconsistent rezoning is approved per G.S. § 160D-605(a).
I. Effect. Any property subject to a rezoning shall have its zoning districts modified on the Official Zoning Map as soon as possible after approval of the rezoning by CC. Any property subject to a conditional rezoning shall be subject to all standards and conditions agreed upon and approved during the rezoning process. Approved rezoning requests shall not expire.