Procedures for Submitting an Application for a Conditional or General Use Rezoning Request

Application submittal dates:  Submit the following documents to the Planning Department by 5:00 pm on the date listed (refer to the Conditional or Special Use calendar) for application submittal:

Preapplication Conference:

1.  The applicant shall request a mandatory preapplication conference to discuss procedures, standards, or regulations required by this UDO for: 

Conditional use district zoning;
Official Map amendment (rezoning).
Application Forms and Fees  

2.   An applicant or the Planning Director may request an optional preapplication consultation between the developer and the Planning Staff to discuss procedures, standards, or regulations required by this UDO for change of use and zoning regulations.

3.    Who May Submit Applications:

All applications will be accepted only from persons having the legal authority to take action in accordance with the permit or plat approval.  In general, this means that applications should be made by the owners or lessees of property, their agents, or persons who have contracted to purchase property contingent upon their ability to acquire the necessary permits under this UDO, or the agents of such persons.

The Planning Director may require an applicant to present evidence of his authority to submit the application whenever there appears to be a reasonable basis for questioning this authority.

Application Process:

1. An application signed by the applicant, property owner(s), agent, lessee and/or the Contract Purchaser as well as the site designer. The Petitioner must have the signature notarized to be considered a valid application.   (See Hearing Procedures for Development Review process at bottom of page)

*An application is deemed complete when it contains all of the information that is necessary for the permit-issuing authority to decide whether or not the development as proposed will comply with all of the requirements of this UDO.

2.  A filing fee must accompany any application in order for the plan(s) to be reviewed.  (Refer to the fee schedule)

3.  The following regulations shall apply to all applications:

Forms:  Applications required under this UDO shall be submitted on forms and in such numbers as required by the Town Staff.

Fees: Filing fees shall be established from time to time by resolution of the Town Council to defray the actual cost of processing the application; All required fees shall be made payable to "The Town of Garner"; and An applicant who has paid an appropriate fee pursuant to the submission of an application, but who chooses to withdraw such application prior to any review or action taken, shall be entitled to a refund of the total amount paid upon written request to the Town. Once review has begun, no refund shall be available.

4.  Plans will be submitted on no larger than 24 x 36 inch paper.

Hearing Procedures: Required Hearings:  A public hearing shall be required for development review as shown in the Table below.
Applications for Approval
Board of Adjustment
Planning Commission
Town Council
Conditional Use District Zoning/Permit  
*
X
Planned Development Designation (PUD, PRD, TND, MXD)  
*
X
Planned Development Detailed Plan –Planning Director Referral  
*
X
Site Plan Review – Planning Director Referral  
*
X
Special Use Permit  
*
X
Subdivision Plat, Major – Planning Commission Referral  
X

Note:  The Planning Commission is invited to attend public hearings conducted by the Town Council in any rezoning or text amendment. The   Planning Commission’s review of other designated applications is open to the public with limited public comment as deemed appropriate by the Commission.

 ALL COMMENTS AND/OR CORRESPONDENCE CONCERNING APPLICATION
PROCESS SHOULD BE DELIVERED TO THE PLANNING DEPARTMENT OFFICE, 
900 7TH AVENUE, GARNER, NORTH CAROLINA.