Madison Park

THE PUBLIC HEARING*

Zoning public hearings are held on a regularly scheduled monthly basis. The City Council typically holds its rezoning hearings on the third Monday of the month. The hearings start at 6 p.m. and are held in the Council Chamber at the Charlotte-Mecklenburg Government Center.  The hearing is also attended by members of the Planning Commission's Zoning Committee.  Proponents and opponents of the petition are encouraged to attend, as well as any other interested individuals. Anyone, including petitioners agents, wishing to speak in support of or in opposition to any petition must contact the City Clerk's office (600 E. Fourth Street) at 704-336-2248 or via fax at 704-336-7588 and be added to the list of speakers. *Dates & Times are Subject to Change

The following procedure is customarily followed:

• Planning staff presents a brief report explaining the request and describes the land uses and zoning classifications in the surrounding area and the nature of the rezoning request.

• The applicant and other individuals who support the request are allowed a total of 10 minutes to present their comments in favor of a request.

• Individuals who oppose the request are then allowed a total of 10 minutes to present their comments against the request.

• Proponents are then allowed two minutes in rebuttal.

• If there is no opposition to the request, and the elected officials have no questions for staff, the normal hearing procedures are waived. If the petitioner wishes to address the elected body, a total of three minutes is allowed.

Both proponents and opponents may use visual aides and distribute handouts to the elected officials and Zoning Committee members. Because of the limitations on speaking time, large groups are encouraged to designate one spokesperson for their point of view.

City Council may not vote on conditional rezonings during the period between the date of a municipal election and when the new body is sworn in. This generally encompasses the first week of November through the first week of December. However, the rezoning may be approved if no one spoke against it at the public hearing and no valid protest petition was filed.

If a valid protest petition is filed against a conditional rezoning originally scheduled for a public hearing in a municipal election year between October 1 and when the new Council takes office, both the public hearing and decision are postponed until the new Council is sworn in.

FINAL STEPS After the public hearing is held, the Zoning Committee of the Planning Commission makes a recommendation to the appropriate elected body in a public meeting held on the fourth Wednesday in the same month as the public hearing. This committee is made up of citizens who have been appointed to the Commission by City Council, County Commission, Charlotte-Mecklenburg School Board or the Mayor of Charlotte. Although this is a meeting and not a hearing, the petitioner and proponents and opponents of the rezoning are encouraged to attend and be available to answer questions. Anyone may file a written statement of rebuttal or support to the staff's analysis or the Zoning Committee's recommendation. A total of thirty-one (31) copies are required to be hand delivered or mailed to the Planning Department's office no later than 12 P.M. noon, on the Friday prior to the scheduled date for decision, which is typically the next regularly scheduled rezoning meeting.

Decisions on rezonings are rendered by the City Council at the regularly scheduled rezoning meeting in the next month after the Zoning Committee recommendations are made, which is typically on the third Monday of the month.

AFTER THE DECISION A petition for reclassification of property or amendments to the text of these regulations that has been denied in whole or in part or approved to a classification other than the one originally requested, shall not be resubmitted within two years of the date of the City Council's action on the original petition except if one or more of the following guidelines have been met: (a) there has been a similar or more intensive change in the zoning district classification of an adjacent property ; (b) the City Council has adopted a public policy plan, including area plan, district plan or transportation plan that changes public policy regarding how the property affected by the amendment should be developed; (c) construction or expansion of a road, water line, sewer line, or other infrastructure has occurred to serve the property and which infrastructure can accommodate the intensity of development allowed under the proposed classification; (d) there has been some other substantial change in conditions or circumstances which justifies waiver of the two-year restriction on a new petition; this shall not include a change in the ownership of the subject property or, in the case of a petition for reclassification to a conditional district or parallel conditional zoning district, a change in the scale or features of the development proposed in the prior petition. A lower classification in the hierarchy of zoning districts may be sought. A legal challenge to an approved rezoning petition must be filed in Superior Court within two months of the governing body's action.

If you have questions or need more information regarding any step of the rezoning process, contact the Planning Department office at 704/336-2205.

The City of Charlotte's Zoning Administrator's is the section that handles the enforcement and interpretation of the City of Charlotte Zoning Ordinance. To visit their Web Site; Zoning Administrator Web Site.

For more information regarding the Rezoning Process Please contact: Solomon Fortune Charlotte-Mecklenburg Planning Department 600 East Fourth Street (8th Floor) Charlotte, North Carolina 28202 (704)-336-8326