Agenda - 05-04-2021; 5-b - Unified Development Ordinance Text Amendments

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Article 2: Procedures 49 Section 2.8:Zoning Atlas and Unified Development Ordinance Amendments (C) The Planning Director shall, Of it is determined that the proposed action is a MiRer change, state the findiRgs in writing to the applicant. The applicant shall file an amended site plaR, ep writteR statement, outlining in detail the minor GhaRg8(s) prepesed. The Planning DireGtGF shall file the amended site plan er written statement with the approved site plan 44 !Il\!C\ If it Or., rlo+or.,,i.,or!that the proposed oG+'E,., is A- .r,.,.lifiro+i.,., the Dlo.,.,i.,g rliroG+.,. shall r o+1 or,r,lir•or,+to submit o request for rnedifir•o+ir,r, r,f the o rod speGial use permit. The For major modifications, the applicant shall adhere to the following procedures shall be adhered to On theGase r,f o r„r,r+ifiGatieR: (1) The applicant shall provide an amended site plan and written narrative outlining the specific changes requested. (2) The Planning Director shall submit the request to the Board that approved the original-appl+cati m4of,Adjustment. (3) The Board shall set an p61b"GEvidentiary#Hearing to receive testimony concerning the modification request. Any publiGEvidentiary#Hearing called pursuant to a modification of an approved special use permit shall be held in conformity with the relevant public notification requirements contained in this Article. (4) The Board may approve, approve with conditions, or deny the application for a modification. (5) The Planning Director shall file the Board's action in the Planning Department as an amendment request to the original application and shall notify the applicant in writing of the Board's action. SECTION • •P ORDINANCE AMENDMENTS 2.8.1 Review and Approval Flow Chart The review and approval process for a Zoning Atlas and Unified Development Ordinance Amendment is shown in the procedure's flowchart. 2.8.2 Amendment Initiation (A) An amendment to this Ordinance or the Zoning Atlas may be initiated by: (1) The Board of County Commissioners on its own motion; (2) The Planning Board; (3) Application, by any person or agency authorized by Ordinance, downz�onin s� applied for by a third party require the written consent of the property owner; tor (4) The Planning Director. (B) If a request for consideration of an amendment proposal is submitted directly to the Board of County Commissioners, said Board may decline to consider the request or may refer the amendment proposal to the Planning Director for preparation of an amendment application. (C) Once initiated, all amendments shall be referred to the Planning Board. 44 Moved to(C)above. 45 Third party downzonings are prohibited by SL2019-111. Although Orange County has always required the consent of the property owner on a rezoning application files by a third-party,the County Attorneys office has opined that the regulations should be clear that a third party cannot apply to downzone property. Orange County, North Carolina—Unified Development Ordinance Page 2-29