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Thread: Rezone and conditional use together?

  1. #1
    Cyburbian fringe's avatar
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    Comer, GA
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    Rezone and conditional use together?

    Here is what I hope is a generic question.

    Our ordinance does not make this clear to me, and since our lawyer bills by the tenth of an hour, I thought I would put this question here to see if there are any nibbles.

    Applicant wants to rezone a parcel to a zone category whose use fits applicant's plans. The use sought, however, is among conditional uses, which must be applied for.

    Is it typical for such applicant to be able to apply for the rezoning and conditional use permit together, or should the permission be sought step by step?
    Last edited by fringe; 02 Jun 2010 at 11:54 AM. Reason: sp & typos

  2. #2
    Cyburbian mike gurnee's avatar
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    You can do them concurrently. The rezone should be first on the planning commission agenda, then the conditional use. The conditional use motion should include "if and when the property is rezoned". When taken to your governing body you need to follow the same sequence, leaving out the if and when phrase. If the rezone does not pass, the CU would be pulled from the governing body agenda. This is fairly common.

  3. #3
    Forums Administrator & Gallery Moderator NHPlanner's avatar
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    It is typical for me to make recommendations like the following for a rezoning:

    ...In summary, the rezoning is consistent with the Master Plan and the conditional rezoning of the xxx lot to the south. As such, staff recommends that the Planning Board RECOMMEND this rezoning, from Zone XYZ to Zone ABC to the Town Council with the following condition:

    That the rezoning not become effective until both the subdivision of the lot into 2 lots and the site plan for the industrial use of the new lot are approved by the Planning Board.
    "Growth is inevitable and desirable, but destruction of community character is not. The question is not whether your part of the world is going to change. The question is how." -- Edward T. McMahon, The Conservation Fund

  4. #4
    Cyburbian fringe's avatar
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    Muchas gracias.

    Now, onward thru the fog!

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