Rezoning begins with an application form submitted to the Planning Department. The applicant provides the Town Staff all the information needed for review by the Planning & Zoning Board as stated on the application.
What is Rezoning?
Rezoning is the process of changing the zoning classification on a particular piece of property.
Who Can Petition to Rezone A Property?
The property owner, interested parties (such as a buyer) with the owner's permission and signature, or the Town can rezone a specific piece of property.
Why is Property Zoned?
Zoning classifications define the kind of development and/or uses that are permitted on a property. Permitted uses for each zone are listed in the zoning ordinance. If the owner wants to be able to develop a non-permitted use on a property that parcel or portion of a parcel must be rezoned.
Do I need to Rezone?
Rezoning is necessary if you wish to develop or use the property for a use that is not permitted by the current zoning classification. As the rezoning process can be expensive and time consuming, it may be best to discuss it with the Town before filing a petition. Rezoning requests are more likely to be approved when the zoning classification requested is consistent with the land use plan for the area. If other options are not available and a particular zone is still desired, a petition to rezone should be completed and filed with the Town.
What are the Steps of the Rezoning Process?
- Determine the current zoning classification of the property, see the Official Zoning Map. (Available from the Planning Department or online.)
- Determine the uses allowed and standards required for the current zone, see the Zoning Ordinance of the Town of Fuquay-Varina.
- Decide if rezoning is required in order to allow the use on the property.
- Request a petition for rezoning from the Planning Department.
- Return the completed application, making sure that all requested information has been provided
Fees
A fee of $400.00 for a regular rezoning, and $500.00 fee if a conditional rezoning is charged to cover the costs of advertisement and administration. After the rezoning petition is checked for completeness, a public meeting with the Planning Board is scheduled based on a pre-arranged schedule.
What is Conditional Rezoning
A conditional rezoning is a rezoning with conditions attached to it that are specific to the particular property being rezoned. It gives the applicant the opportunity to attach conditions to the rezoning that may make the desired use more suitable to the property or surrounding area. Conditions may include such things as limiting the permitted uses or providing extra buffering or landscaping.
The Planning Board
The first review of rezoning petitions is held in a public hearing before the Planning Board. The Board considers impacts the rezoning of the property might have upon the long range plans of the Town. The Board's duty is to generate a recommendation that will be given to the Town Board. They can recommend that the Board either approves the rezoning petition or that the Board denies the rezoning petition. The date of public hearing is set based on a pre-set schedule.
Notification
The rezoning must be advertised prior to the public hearing. The Planning Department is responsible for placing a legal advertisement of the pending rezoning in a paper of local distribution. The first advertisement appears 10 days prior to the public hearing. Information about the requested rezoning is also posted on a sign placed on the property 10 days before the hearing. All adjacent property owners are also notified
The Public Hearing
A second public hearing is held before the Town Board. The Board hears citizen input both for and against the rezoning, and discusses the rezoning petition among its members. The Town Board will take action on the request at the same meeting or the public meeting or will table the petition.
What Happens if a Rezoning is Approved?
If a rezoning is approved the new zoning classification replaces the old. The uses that are permitted in the new classification are now allowed on the properties. This does not, however, give the property owner unrestricted rights to develop the property since other town policies and ordinances, such as subdivision regulations, building permits, or site plan review, still must be met.
What Happens if a Rezoning is Denied?
If the Town Board votes to deny the zoning petition the zoning classification is not changed and the current zoning classification is still binding. If a rezoning request is denied by the Town Board the petitioner must wait six (6) months before filing another application. The second application must be completely new. Rezoning petitions that are withdrawn before the Town Board acts upon them may be submitted as a new application without the six month penalty.
The Planning Board
The Planning Board is an advisory board made up of appointed citizen representatives. The Board reviews rezoning petitions, subdivision regulations and community plans. The role of this Board in the rezoning process is to consider what impact the desired zoning classification would have on the community. It is the Planning Board's duty to generate a recommendation for the Town Board. It is important to note that the Planning Board is not a decision making body. The Town Board can vote to approve or deny the petition regardless of the Planning Board's recommendation.
Schedule: The Planning Board usually meets on the fourth Monday of every month. Contact the Planning Department for a Subdivision/ Rezoning Schedule.
Town Board
The Town Board is the legislative body in the Town of Fuquay-Varina. Its decisions are law and can only be appealed in a court of law. The Town Board has final say in all rezoning matters. Although the Town Board must hear citizen input and the recommendation of the Planning Board they are not required to follow the recommendation or public opinion. If the Town Board approves the rezoning petition, the property is officially rezoned at the time of that decision. If the Town Board denies the petition, the current zoning classification remains.
Schedule: The Town Board meets in regular session on the first Monday of each month and for public hearing on the Tuesday after the third Monday of each month. In most cases the Town Board will set the hearing date on the first meeting of the month, conduct the public hearing at the second meeting of the month and vote on the petition on the first meeting of the next month. Contact the Planning Department for a Subdivision/ Rezoning Schedule.
Protest
A protest petition may be submitted. The Town provides for the submittal of a protest petition against a rezoning petition prior to the Town Board taking action on a rezoning case. For a protest petition to be considered a "valid" protest petition, which institutes certain voting restrictions on the Town Board, specific requirements must be met by the individual or group submitting a protest petition. For further information regarding the process and the requirements for a "valid" protest petition please contact the Town Clerk.
