433 Hay Street
Fayetteville, NC 28301
The process begins when a completed application, survey of area to be rezoned and the required non-refundable fee are submitted by the appropriate deadline. The application is then checked for accuracy by the City Planning Staff.
The City has a legal requirement by General Statute to advertise the rezoning request in the local newspaper. The City advertises the case for one day in two successive weeks prior to the public hearing before the Zoning Commission. In addition, the City post an information sign on the property, and sends out notification letters to all property OWNERS within 500 feet of the property to inform them of when the public hearing will be, which property is being considered, and what kind of rezoning request is being made. A map is enclosed with the letter to show them the exact location of the property applied for rezoning. These notification letters are sent prior to both the Zoning Commission and City Council meeting, if applicable.
The case is first heard at a public hearing before the City Zoning Commission. Anyone wishing to speak at the hearing, including the applicant, MUST sign up to speak in advance with the City Planning Staff, or on the night of the hearing in City Council Chambers prior to the beginning of the meeting. The Zoning Commission makes a recommendation for approval or denial after hearing recommendations from the City Planning Staff, and anyone else signed up to speak.
The City Staff will present information on the surrounding land use, the surrounding zoning districts, what the 2010 Land Use Plan recommends as the long range plan of this area, the staff's recommendation for approval or denial, and their reasons for that recommendation.
The Zoning Commission then makes their recommendation. There are two different courses the case can take at this point depending if the Zoning Commission's recommendation is for approval or denial.
If the Zoning Commission recommends approval, the case will proceed to City Council who has the final authority to approve or deny the rezoning. This will not usually be a public hearing. If no appeal is made and the City Council wants to do anything other than what the Zoning Commission recommends, they must hold a public hearing to review the request at a later meeting and then make their decision.
If the Zoning Commission recommends denial of the request, then the case will not proceed to City Council unless an appeal is filed within ten days of the Zoning Commission's recommendation. An appeal can be filed with the City Clerk in City Hall, regardless of the recommendation of the Zoning Commission. If no appeal is filed, the rezoning request is denied, and no further requests for rezoning of this property may be made for one year. If an appeal is filed within ten days, the case will then proceed to City Council as a public hearing. City Council will then approve or deny the rezoning request. No further requests for rezoning of this property may be made for one year even if the rezoning request is approved.
Whenever a case is appealed as described earlier, and a valid protest petition form is filed against the rezoning request, that is signed by the owners of twenty percent or more either of the area of the lots included in the rezoning request, or of those immediately adjacent thereto, either in the rear or on either side, extending one hundred (100) feet there from, or of those directly opposite thereto, extending one hundred (100) feet from the street frontage of such opposite lots, such change shall not become effective except by favorable vote of three-fourths (3/4) of all the members of the City Council. The twenty (20%) percent protest provision of this section does not apply to any amendment which initially zones property added to the territorial coverage of this zoning ordinance as a result of annexation or otherwise. To be valid, a protest petition must be received no later than two working days prior to the public hearing.
Should you have any questions about the application or rezoning process, please do not hesitate to call the City Planning Staff at (910) 433-1612. If you are not sure if the use that you intend for the property would be allowed in the zoning district that you are requesting, you may call our Code Enforcement Officer at (910) 433-1705 for clarification.