Zoning Process in Greensboro (Zoning 101) Greensboro Neighborhood Congress August 13, 2015

Authority For Local Zoning (NC General Statutes) Greensboro Zoning 101 Authority For Local Zoning (NC General Statutes) NCGS 160A 381-387 – “Promote health, safety and general welfare” Balances rights of property owners to use property as desired while not infringing on rights of adjacent property owners to do the same Zoning regulates – Uses Size (height and bulk) Scale (density and building coverage) Placement of Buildings (setbacks) Site Layout (landscaping, parking, lighting) NCGS 160A – governs all operations of municipal government (NC a Dillon’s rule state). Zoning looks at impacts on both immediate neighbors and larger community, while allowing wide range of use of property Zoning does not regulate ownership, minimum sizes of buildings. Zoning tied to property and not to owner or operator

Zoning Classifications in Greensboro (LDO - July 2010) Greensboro Zoning 101 Zoning Classifications in Greensboro (LDO - July 2010) Residential Districts R- and RM- Commercial & Office Districts C-N, C-L, C-M, C-H, CB, O Industrial Districts LI, HI, BP Public & Institutional Districts PI, PNR Mixed Use Districts MU-, AO, NS, UMU Special Districts & Overlay Districts PUD, TN, AG PSO, NCO, DDO, GO, AO, HO, CBO, VCO, ACO, MHO, SCO, WCA, GWA LDO lays out zoning districts to distinguish general groups of uses. Each district denotes uses allowed and establishes standards for setbacks, building coverage, bldg height, allowed signage, required landscaping, etc. Some standards (lighting, outdoor display and storage, waste facilities) are prescribed separately and apply to specific uses regardless of district

Zoning Classifications in Greensboro (LDO - July 2010) Greensboro Zoning 101 Zoning Classifications in Greensboro (LDO - July 2010) Permitted Uses P - Permitted by Right in District U- Permitted in District with Additional Use Standards S - Permitted in District only with Special Use Permit Blank - Not Permitted in District If a use does not appear on the permitted use table is it not permitted. If there are development standards associated with the use those are referenced on the table at the far right Other standards (such as lighting and fencing) may also apply

Types of Requests Heard by Zoning Commission Greensboro Zoning 101 Types of Requests Heard by Zoning Commission Original Zoning Associated with Annexation Petition Legislative Hearing (Recommendation only) Rezoning Can be straight rezoning or conditional district (CD) Legislative Hearing (Final Action or Recommendation) Additional Conditions allowed if more restrictive than advertised Special Use Permit (SUP) Use allowed in district if : - In harmony with area and conforms with Comp Plan Not detrimental to health and safety, Use at particular location contributes to general well being Quasijudicial Hearing Legislative hearing allows for communication with Zoning Commission outside of the hearing Quasijudicial only allows conversations related to the request to occur at the hearing itself

Zoning Process in Greensboro Greensboro Zoning 101 Zoning Process in Greensboro Application Pre-submittal conferences (optional but encouraged) Application filed no later than 45 days prior to zoning hearing Application includes: Applicant Information Owner Information (if different) Map Legal Description Zoning request and initial conditions if applicable Items that may also be needed: Traffic Impact Study (TIS) – draft due 21 days prior to application being filed GFLUM Amendment - Planning Board review and comments (not public hearing) Neighborhood Communications Summary – required for conditional district zoning when residences within 600 feet of request. Application provides basic information on lot and request that staff then uses to determine if other info required. Once applications are filed they are public record Application deadline adjusted at last Council meeting to ensure all parts of request addressed in same review cycle

Zoning Process in Greensboro Greensboro Zoning 101 Zoning Process in Greensboro Staff Review and Analysis Pre-submittal conferences (testing ideas, looking at potential zoning options) Sufficiency Review (includes Transportation and Long-Range Planning staff) Site Visits Preparation of Staff Report and Official Recommendation Staff does encourage pre submittal discussions to look at best fit for zoning. Staff also identifies immediate issues of concern and notes neighborhood contact info for discussions as available Staff report provides good bit of information, including standard LDO requirements, that can be helpful when considering conditional district requests Official recommendation is staff’s best professional recommendation, may or may not be supported by decision makers

Zoning Process in Greensboro Greensboro Zoning 101 Zoning Process in Greensboro Public Notification State law prescribes how and when hearings are advertised 10-25 days prior to hearing Mailed Notice All property owners within 600 feet of request. Posted Notice Hearing Date and Time, Contact Info Published Notice Carolina Peacemaker 2 consecutive weeks with first ad no sooner than 10 days prior to hearing State law describes narrow window for notifications (not too close and not too far from hearings) Multiple means to notice Added QR codes to notices and signs to link to website for additional info

Staff Presentation of Request and Basic Information Greensboro Zoning 101 The Zoning Hearing 3rd Monday of each month Staff Presentation of Request and Basic Information Applicant and Supporters (15 minutes total) Opponents (15 minutes total) Rebuttal (5 minutes total each) Staff Recommendation Zoning Commission Discussion and Decision Typical Staff Present – Planning, Legal, Transportation

Final Action (subject to appeal) Greensboro Zoning 101 The Zoning Hearing Decisions Final Action (subject to appeal) Rezonings (no Comp Plan amendment) – minimum 6 in favor Rezonings (with Comp Plan amendment) – unanimous in favor Recommendation (automatically goes to Council) Original Zoning (Annexations) – majority in favor or against Rezonings (no Comp Plan amendment) – in favor but less than 6 Rezonings (with Comp Plan amendment) – in favor but less than unanimous Zoning Overlays (may or may not be associated with a Plan) – majority in favor or against

Appeals of Zoning Decisions Greensboro Zoning 101 The Zoning Hearing Appeals of Zoning Decisions Must be in writing to Planning staff or City Clerk within 10 days of Zoning Commission decision No proof of standing/prequalification to appeal Appealed items typically scheduled for 2nd Council meeting in following month Due to recent State action any applications submitted to City after August 1, 2015 no longer subject to zoning protest petition Any person may appeal Zoning Commission decision (not just adjacent property owners or Greensboro residents) Note repeal of Zoning Protest Petition

Get Involved in Rezoning Discussions Greensboro Zoning 101 Get Involved in Rezoning Discussions Look at upcoming agendas and meeting info on the web http://www.greensboro-nc.gov/index.aspx?page=1650 Volunteer on Zoning Commission or other Boards/Commissions http://www.greensboro-nc.gov/index.aspx?page=1629 (link to form) Learn More about Zoning Ordinances and Processes http://online.encodeplus.com/regs/greensboro-nc/ http://www.greensboro-nc.gov/index.aspx?page=3867 Contact Staff and Commission members Keep up with local and national development trends Watch the live coverage of Zoning Commission meetings on The Greensboro Television Network (Cable Channel or on web) or attend the meetings and speak in support or against an application.

Improving the Zoning Process Greensboro Zoning 101 Improving the Zoning Process Enhanced public notices Online Descriptions of Requests https://www.youtube.com/watch?v=JGhFIWei4QE Web Based PSAs Zoning Brochures Social Media – Facebook page Facebook.com/GreensboroPlanning

Questions/Comments? Greensboro Zoning 101 nicole.smith@greensboro-nc.gov 336-433-7258 or mike.kirkman@greensboro-nc.gov 336-373-4649