Legal Handbook for Council Members 2022

6. Traffic, streets, utilities, schools, parks and similar information concerning other public facilities within the area. 7. General statistics and information concerning population characteristics and density of land use. 8. Heal th and safety factors . 9. Relative significance of surrounding property in connection with the comprehensive zoning plan. 10. Petitions must be notarized or have the person who observed the signing present in order to be given substantive value. II. Matters and comments which shall be excluded 1. Tax valuation and reference to future ad valorem taxes which could be assessed and levied. 2. Evidence offering a more restrictive use of the property than allowed by the zoning ordinance; such as intentions to use the property to permit a buffer between this property and other properties although not required by the zoning ordinance unless made a condition of the zoning. 3. Evidence which manifests the intentions, promises, pledges, agreements or any types of special arrangements to develop the property in a specific manner. 4. Comments referring to illustrations, on the basis that the same constitutes the specific plan of development for the property in question. 5. Financial arrangements and terms of option agreements concerning the proposed development of the property, including any restrictive covenants. 6. Any other matters which, in the opinion of the City Council through its presiding officer, is deemed irrelevant and has no bearing upon the determinative factors which the City Council must rely upon in making its decision. In summary, it is most important that in arriving at a decision, the City Council shall contemplate that any and all permitted uses, under the classification will be available to the owner of the property. Zoning must be enacted in accordance with a comprehensive plan and accomplished on the basis of one or more of the general criteria established by the law of zoning as contained in the General Statutes of North Carolina.

CDW/jgs

Reference s :

N.C. Gen. Stat. §160D UNC School of Government, Contract Zoning

Rezoning Procedures Zoning Law Tables