Zoning determines the types and intensity of uses and development that are allowable on a piece of land. When someone wants to change the zoning of land, a rezoning request is initiated. A rezoning is an amendment to the Town's Development Ordinance. For that reason, a rezoning request is often referred to as a Zoning Atlas Amendment.

This guide summarizes the process through which the Town considers rezoning applications.

If you have questions or need more information, we encourage you to call the Planning Department at 968-2728. Please also refer to Articles 3, 12, and 20 of the Chapel Hill Development Ordinance.

II. Rezoning Applications

Rezoning may be requested in two ways:

1. A traditional rezoning request is submitted to change the zoning of land to a different zoning district in which any of several kinds of developments and uses are possible;

Traditional rezoning may be proposed by any citizen or citizen's representative (regardless of land ownership), by the Town Council, the Planning Board or other Town advisory board, or by the Town staff.

2. A conditional rezoning request is submitted in order to allow development and uses only with a Special Use Permit.

Example: An owner of land now zoned residential could ask for Office/Institutional "conditional use" rezoning, and separately apply for a Special Use Permit to construct an office building.

NOTE: Only the owner(s) of a piece of land may request conditional use rezoning for the land.

The process is the same for both traditional and conditional use rezoning requests: a) the applicant submits an application; b) nearby property owners are notified; c) a public information meeting is held; d) staff prepares a report for presentation to the Planning Board; e) the Planning Board considers the request and prepares a recommendation; f) a Public Hearing is held; and g) action is taken by the Town Council.

Fees: The application fee for a rezoning application is based on the number of acres involved. Applications for rezoning are filed at the Planning Department. A statement of justification and a precise description of the property are usually included with the application.

III. Public Information Meeting

An informal public information meeting is scheduled after an application for rezoning has been received. Owners of property within 1,000 feet of the property proposed to be rezoned, as well as the applicant, are notified by letter. At this meeting, Town staff will describe the rezoning process, the applicant presents the proposal, and citizens may ask questions.

IV. Staff Report

The Town's Planning staff review the application and prepare a staff report and recommendation to the Planning Board.

V. Discussion by Planning Board

The Planning Board discussed the rezoning request at one or more meetings (usually on the first Tuesday of the month). This discussion occurs before the Public Hearing. Under the Planning Board's rules of procedure, citizens may speak to the Board on the proposal. The Planning Board makes a recommendation to the Town Council.

VI. Period for Submitting Protest Petitions

Owners of property within or next to the land proposed to be rezoned may submit a formal protest petition to the Town Clerk at the Town Hall.

State law provides, in part, that "In case of a protest petition against such (zoning) change, signed by the owners of twenty percent (20%) or more either of the area of the lots included in a proposed change; or of those immediately adjacent thereto either in the rear thereof or on either side thereof, extending 100 feet therefrom; or of those directly opposite thereto extending 100 feet from the street frontage of the opposite lots, an amendment shall not become effective except by favorable vote of three-fourths of all the members of the city council. The foregoing provisions concerning protests shall not be applicable to any amendment which initially zones property added to the territorial coverage of the ordinance as a result of annexation or otherwise."

A protest petition must be submitted at least two workdays before the date of the Public Hearing on a rezoning request. If a valid protest petition is filed, rezoning can occur only if 7 of the 9 Council members vote in favor. For more information, or to get a form for a protest petition, please call the Planning Department at 968-2728.

VII. The Town Council's Public Hearing

The Town Council's Public Hearing is normally on the 3rd Monday of each month at 7:00 PM in the Council Chambers at Town Hall (306 North Columbia Street). Owners of property within 1,000 feet of the proposed rezoning, as well as the applicant, are notified by letter. Two public notices of the hearing date, time, and location are published in the legal notices section of a local newspaper.

Recommendations, presentations, comments, and questions at the hearing may be subject to time limits. At the end of the hearing, the Council refers comments and questions from the hearing to the Town Manager for further study and a recommendation.

VIII. Action by the Town Council

The Town Council usually votes on rezoning requests on the 2nd Monday of the month after the Public Hearing. The Council's decision is based on whether the rezoning:
a. Corrects a "manifest error" in the Town's Zoning Atlas; or
b. Is justified due to changed or changing conditions in a particular area or in the Town's planning jurisdiction in general; or
c. Is necessary to achieve the purposes of the Town's Comprehensive Plan.

Any rezoning decision by the Council may be appealed to Superior Court.

IX. Questions

If you have any questions, please call, visit, or write to the Town's Planning Department. The Town's regulations and procedures on rezoning are primarily in Article 20 of the Chapel Hill Development Ordinance, which may be viewed or purchased in the Planning Department at Town Hall. Articles 3 and 18 of the Ordinance also include sections on conditional use zoning and Special Use Permits.


Please Note:
This guide is based on the Town's Development Ordinance as of January 1999. The Ordinance may change and this brochure may become out of date. This guide summarizes portions of the Development Ordinance, and is not intended to comment on any particular zoning request. This guide is intended for general information purposes and is not a statement of legal opinion. This guide does not replace or supercede the Development Ordinance.

Revised Februay, 1999