Text Amendment & Rezoning
Text amendments are changes to the Land Development Code language and affect all properties to which that language applies. Text amendments are not tied to a specific property.
Rezoning is necessary in order to allow landowners to develop or use their property in ways that do not conform to the current zoning regulations.
The following process is for both text amendments and map amendments:
- Applications shall be submitted a minimum of 30 days prior to the Planning Board meeting. Applications will be considered complete only if the following conditions are met:
- Applicable fees are paid according to the adopted fee schedule.
- Application is completed and signed.
- A pre-application meeting with town planning staff has been completed (rezoning only).
- Applicants must provide a list of all property owners adjoining the proposed map amendment (rezoning only).
- The proposed text to be amended is included as part of the application (text amendments only).
- The Planning Board shall consider the application for the text/map amendment and make a recommendation to approve or deny the amendment.
- The recommendation shall be forwarded to the Board of Commissioners. Prior to making a decision, a public hearing shall be held. Notices for the public hearing shall be sent per State Statute 160D at least 10 and no more than 25 days prior to the public hearing.
- Board of Commissioners Decision.
Conditional Rezoning
Conditional zoning districts are amendments to the town Zoning Map. They are reserved for situations where a particular use or mix of uses, when properly planned and sited, may be appropriate for a specific site, but where the general district has insufficient standards to mitigate the site-specific impacts on surrounding properties and infrastructure.
A Pre-Application meeting with town staff is required in order to allow staff to gather information about the project proposal and its merits and to inform the potential applicant of the requirements and processes. No application will be processed without completing a pre-application meeting and hosting a neighborhood meeting no more than 60 days prior to submittal.
- Applications will be considered complete only if the following conditions are met:
- Applicable fees are paid according to the adopted fee schedule.
- Neighborhood Meeting has been completed and meeting report provided.
- Application is completed and signed.
- Inclusion of a Site Plan and submittal documents described in the application packet at the link below.
Conditional Zoning Application & Checklist
- A neighborhood meeting is required. Such meeting shall occur after the pre-application meeting and no more than 60 days prior to the application submittal. The applicant shall hold a minimum of 1 neighborhood meeting but additional meetings may be required as determined by the Zoning Administrator. The neighborhood meeting is intended to provide an opportunity for community involvement from parties that may have interest in the conditional zoning request, such as adjoining property owners and nearby businesses.
Neighborhood Meeting Policy
- The Planning Board shall consider the application for the Conditional Rezoning map amendment and make a recommendation to approve or deny the amendment.
- The recommendation shall be forwarded to the Board of Commissioners. Prior to making a decision, a public hearing shall be held. Notices for the public hearing shall be sent per State Statute 160D at least 10 and no more than 25 days prior to the public hearing.
- Board of Commissioners Decision.
Preliminary Plan & Construction Plan Review
Uses that are by-right ("P" permitted in the Land Development Code Section 4.6 table of permitted uses), shall be submitted for Preliminary Plan/Construction Plan review and approval. Preliminary Plan review assesses initial developments for compliance with the Town's Land Development Code (LDC).
For major subdivisions, the following process shall be followed:
The first step of this process is a pre-submittal meeting by the applicant with the Zoning Administrator, which provides an opportunity to exchange information informally.
- Applicable fees are paid according to the adopted fee schedule.
- Application is completed and signed.
- The Planning Board shall consider the application and make a recommendation to approve or deny the amendment based solely on compliance with the Land Development Code.
- The recommendation shall be forwarded to the Board of Commissioners for a decision.
- Construction Documents shall be prepared
Minor Subdivisions may skip this process and proceed to final plat review below.
For commercial plan review, construction documents shall be submitted during this phase. This process is administrative only.
All outside agency approvals shall be provided and a transportation mitigation agreement shall be signed prior to staff approval.
During the plan review process, outside agency approvals may be required. It is the applicant's responsibility to secure these approvals and to provide documentation of all approvals to town planning staff. In these instances, please refer to the following:
Final Plat Review
After a preliminary plan is approved, a final plat shall be prepared and submitted to the Planning Department for review and approval. (A minor subdivision can skip the preliminary plan process and apply for final plat). As an initial step, a developer shall prepare the final plat and have it reviewed by the Zoning Administrator. The Final Plat for major subdivisions can only be considered for approval if:
1) the Preliminary Plat has been approved,
2) the Construction Document Plans have been approved,
3) the installation of required improvements has been completed in accordance with the approved construction document plan requirements of the LDC; and
4) complete a satisfactory inspection of the improvements that have been installed has been completed by town staff and other relevant agencies and organizations ; or
5) all applicable financial guarantees must be made in a form that is acceptable to the town (such as bonds or irrevocable letters of credit).
Following execution of the final plat, the plat can be recorded at the Union County Register of Deeds
