Orange County NC Website
Browse       Search
2 <br />against Article 20 of the Development Ordinance, we have presented a report to the Planning <br />Board, and tonight we submit our report and preliminary recommendation to the Council. <br />ZONING ATLAS AMENDMENTS <br />Zoning determines the type and intensity of uses and development which are allowable on a piece <br />of land. A rezoning involves a change to the zoning of the land. In Chapel Hill, a rezoning may <br />be requested in two ways: general use and conditional use rezoning requests. A general use <br />rezoning request is to change the zoning to a different zoning district in which any of several <br />kinds of developments and uses are permissible. A conditional use rezoning request is to allow <br />development and uses only with approval of a Special Use Permit. This rezoning application is a <br />general use rezoning request. <br />The zoning designation of a property determines the range of land uses and development <br />intensities permitted on the property. Article 20 of the Development Ordinance establishes the <br />intent of Zoning Atlas Amendments by stating that, "In order to establish and maintain sound, <br />stable, and desirable development within the planning jurisdiction of the Town it is intended that <br />this chapter shall not be amended except: <br />a) to correct a manifest error in the chapter; or <br />b) because of changed or changing conditions in a particular area or in the jurisdiction <br />generally; or <br />c) to achieve the purposes of the Comprehensive Plan." <br />Article 20.1 further indicates: <br />It is further intended that, if amended, this chapter be amended only as reasonably <br />necessary to the promotion of the public health, safety, or general welfare, and in <br />conformance with the Comprehensive Plan. <br />The Council has discretionary authority to approve or deny a rezoning request. <br />REVIEW OF THE APPLICATION <br />Our review of this application is organized around the requirement that the Development <br />Ordinance shall not be amended except a) to correct a manifest error in the chapter; b) because of <br />changed or changing conditions in a particular area or in the jurisdiction generally; or c) to <br />achieve the purposes of the Comprehensive Plan. <br />Following is a description of the evidence in the record thus far regarding the three required <br />considerations of the Council: <br />