Planned Development Districts, City Code Covenants, and Rezoning Process (TC-19-20)
Planned Development Districts, City Code Covenants, and Rezoning Process (TC-19-20)
This text change brings the rezoning process into compliance with recent changes in state law; removes the requirement for recording city code covenants; allows City Council to adopt on a first reading by simple majority ordinances amending the Unified Development Ordinance (“UDO”), Official Zoning Map and conditional zoning conditions; and generally, clarifies language in UDO. Sec. 10.2.4. Read the full TC-19- 20 draft ordinance.
Text Change Overview
In 2019, with the adoption of NCGS Chapter 160D (“160D”), the General Assembly re- wrote the enabling legislation for local government regulation of land development. Primarily, TC-19-20 brings the City’s rezoning procedure into compliance with 160D.
Section 1: Repeals Sec 1.1.9 requiring developers to record a City Code Covenant for common elements and replaces it with the City Council's election to approve by simple majority the adoption, amendement, or repeal or any ordinance requiring a public hearing.
Section 2 and 3: Creates a Planned Development Conditional use (PD-CU) district to more accurately reflect current law.
Section 4: Revises the rezoning process (Sec. 10.2.4) to:
- incorporate zoning condition text changes (TCZ) into the map amendment (zoning amendment) process;
- bring the rezoning process into conformity with requirements of 160D;
- clarify application requirements;
- revise the opportunities to amend rezoning applications (including zoning conditions) to encourage applicants to better address community concerns before review by the Planning Commission and City Council;
- create a pre-disposition re-hearing opportunity; and,
- generally, clarify language throughout.
Section 5: Modified definition of Planning Director to include "or designee."
Section 6: Amends all references to "conditional use district" to "conditional district" consistent with 160D.