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Rezoning
Rezoning — what is it?
Zoning regulations are the rules that determine how parcels of land may be used. When owners want to develop or use their property in ways that differ from the rules in their current zoning regulations, they must apply for a change to their zoning classification, also commonly referred to as a Rezoning.
A Rezoning begins with an application form (provided by the Town) 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.
The Planning and Zoning Board reviews the rezoning request and makes a recommendation to the Town Board for final action.
The Town Board holds a public hearing which is the opportunity for the applicant and the public that has interest in the request to present information and concerns regarding the proposed rezoning.
The Town Board takes action on the rezoning petition.
Conditional Use Zoning follows a separate process than the standard rezoning request. Under the conditional use zoning process, conditions may be applied to the rezoning of the property in order to meet certain requirements related to the property, the existing or planned future development of the immediate area around the rezoning request and the adjacent property concerns. These conditions have to be agreed to by the petitioner and would become part of the rezoning if approved by the Town Board.
The rezoning process takes a minimum of 60 days (two months) to complete and receive final action from the Town Board. Further information about the rezoning process or individual petitions filed with the Town can be obtained by reviewing the Town's web site under Planning for specific cases or contacting the Planning Department (919-552-1429).
The process for notification of a rezoning request includes posting the property in question, notifying all adjacent property owners, which is based on Wake County tax records at the time the notifications are mailed and advertizing in the paper for two (2) weeks prior to the public hearing in a local paper of general circulation, which is normally the Fuquay Independent (published each Wednesday).
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.
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