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Rezoning Information

The City of Hickory categorizes rezonings into one of two categories: (1) a traditional rezoning or (2) a Planned Development rezoning.
 
A traditional rezoning involves the rezoning of property to an established zoning district. A rezoning to a Planned Development district requires the review and subsequent approval of all development plans by the Hickory Regional Planning Commission prior to the initiation of development.
 

Rezoning Process

 
  • Contact the Planning and Development Division to discuss the type of rezoning request and to evaluate the feasibility of a successful rezoning petition.
  • The applicant should consult with the North Carolina Department of Transportation (NCDOT) regarding any driveway connection permit requirements to any state maintained roadways.
  • If a rezoning petition will be submitted, a meeting between staff and the applicant will be arranged to go over the rezoning process and application needs in detail.
  • The applicant will be responsible for submitting a complete application to the Planning Division. The application must be made by the last regular working day of the month in order for the Hickory Regional Planning Commission to hear the request the following month. Applications that are incomplete or late may or may not be accepted by staff.
  • If the applicant is not the owner of the property, he or she must provide a written verification from the property owner indicating that they are aware of the request.
  • Planning staff handle all notices for the upcoming public hearings. Notices include a sign posted on the property, letters mailed to property owners within 500 feet of the subject property, and notices in the local newspaper and on the city's website. Applicants are encouraged to reach out to neighbors and neighborhood associations to address potential concerns beforehand.
  • A public hearing will be scheduled to hear the request in front of the Hickory Regional Planning Commission. The Planning Commission will make a recommendation to the Hickory City Council. The applicant or an agent must be present at the hearing.
  • After a recommendation is made by the Planning Commission, the request will be heard by Hickory City Council. City Council will conduct a public hearing and make the final decision regarding rezoning request. The City of Hickory requires two readings by Hickory City Council for all rezoning requests. The first reading will involve the public hearing and vote. The second reading will be considered at their following meeting as a consent agenda item. Staff will notify the applicant by mail of the meeting dates and times. With this notification, you will also receive a copy of the information that is to be presented by staff to the Hickory City Council.
  • If the Hickory City Council denies a request, another application for the same or similar amendment affecting the same property or a portion of it cannot be accepted until the expiration of a one-year period from the date of the denial.
  • If, after second reading, the Hickory City Council approves a request, then the change becomes effective immediately on the date of approval.
  • In a Planned Development and conditional district rezoning, the same rezoning process as outlined above will apply. However, in addition to the above procedures, a Master Land Use Plan (MLUP) and additional conditions to government scale and type of development that will take place on the property must be submitted along with the rezoning application.

Rezoning Review Criteria

Requests for rezonings, both traditional and Planned Development, are required to be considered in light of specific review criteria as outlined with the City of Hickory's Land Development Code.

The review criteria for traditional rezoning requests are as follows:

  • Consistency with the Hickory Comprehensive Land Use and Transportation Plan and the stated Purpose and Intent of the Land Development Code
  • Existing land uses within the general vicinity of the subject property
  • Zoning classification of property within the general vicinity of the subject property
  • Suitability of the subject property for the uses permitted under the existing zoning classification 
  • Extent to which rezoning will detrimentally affect properties within the general vicinity of the subject property
  • Extent to which rezoning will cause public services including roadways, storm water management, water and sewer, fire and police protection to fall below acceptable levels.

Protest Petitions

The ability for neighboring property owners to contest a rezoning through a protest petition is no longer an option. Protest petitions were removed through House Bill 201, which was signed into law and took effect August 1, 2015. Neighbors and other parties opposing a rezoning still have the ability to file a letter stating their opposition against the rezoning with the City Clerk at least two days prior to the Planning Commission public hearing, as well as, the City Council public hearing. Parties are also encouraged to attend and speak at all of the public hearings to voice their concerns.


Key Documents

 

City of Hickory


76 North Center Street
Hickory, North Carolina 28601
Phone: (828) 323-7400
Fax: (828) 323-7550

 

 

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Hickory is for doers and makers seeking a well-rounded community, located between Charlotte and Asheville at the foot of the Blue Ridge Mountains, along I-40, where a collective spirit of craftsmanship strengthens any endeavor with detail, artistry, and quality.
 

 

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