Wake Forest Unified Development Ordinance - July 2022

Administration 15.15 Conditional Zoning


B. Withdrawal of Written Statement: Any resident or property owner who submits a written statement of citizen concern may withdraw their written statement any time prior to the meeting at which the item will be considered.

15.14.4. Consideration By Board of Commissioners A.

Public Hearing Notification: Level 1 and 2, as defined in Section 15.3, are required for all amendments to the UDO. Levels 3 and 4 are required for all map amendments (rezonings) that involve a specific parcel of land. Such actions include, but are not limited to, map amendments (rezonings), amendments to zoning district boundaries, and the application of new overlay zones. A Level 5 notification is required for Map Amendments.) B. Level 3 Notification for Large Scale Amendments: If the land development map amendment includes 50 or more properties, owned by at least 50 different property owners, the town may elect to utilize the expanded published notice provisions found in NCGS §160D, as outlined in Section 15.3.3.B of this chapter. C. Public Hearing Consideration by the Board of Commissioners: Following receipt of a recommendation from the Planning Board, or after 45 days from the Planning Board public comment session if no recommendation is received, the Board of Commissioners shall conduct a legislative public hearing on the matter. Upon reviewing all of the pertinent information, the Board of Commissioners may: 1. Adopt the proposed amendment by ordinance. 2. Adopt the proposed amendment with modifications by ordinance. 3. Reject the proposed amendment. 4. Refer the proposed amendment back to the Planning Board for further consideration.

15.14.5. Plan Consistency

In accordance with NCGS §160D, all such amendments shall be made in accordance with the Community Plan and any other officially adopted applicable plan. The Planning Board shall advise and comment on whether the proposed amendment is consistent with any comprehensive plan that has been adopted and any other officially adopted plan that is applicable. When adopting or rejecting any zoning amendment, the Board of Commissioners shall adopt by resolution a statement describing whether its action is consistent with the adopted comprehensive plan and explaining why the Board of Commissioners considers the action taken to be reasonable and in the public interest. 15.14.6. Waiting Period for Subsequent Applications A. After an application for an amendment has been approved or denied by the Board of Commissioners, there shall be a 6 month waiting period before an application shall be considered on the same issue. B. This waiting period may be waived by the Board of Commissioners (three-fourths vote required) if it determines that there have been substantial changes in conditions or circumstances which may relate to the request. 15.15. Conditional Zoning Conditional Districts (CD) (see Section 2.6) are districts with conditions voluntarily added by the applicant and approved in a legislative procedure by the Board of Commissioners in accordance with NCGS §160D via the conditional zoning process. Conditional Districts provide for orderly and flexible development

Town of Wake Forest Unified Development Ordinance – July 19, 2022


Made with FlippingBook - professional solution for displaying marketing and sales documents online