3.5.13 Protest Petition Sufficiency and Procedures (County Only)

A petition in opposition to a zoning map change shall be considered a “valid protest petition” if the petition meets the requirements of applicable state law.

Commentary: Session Law SL2015-160 repealed the protest petition process for municipalities, effective upon zoning map change applications submitted after August 1, 2015. This law did not repeal Session Law SL2010-80, which allows protest petitions for zoning map change applications within Durham County’s jurisdiction.

1. The petition must meet the substantive requirements of Session Law 2010-80, and in particular must be signed by the owners of either:

a. 20% or more of the area included in the proposed change or

b. Five percent of the area of a 100-foot wide buffer extending along the entire boundary of each discrete or separate area proposed to be rezoned. In evaluating the sufficiency of a protest under this provision:

(1) A discrete or separate area shall be calculated for any noncontiguous part of an area proposed for zoning map change that is physically separated from other areas proposed for change by property (not including right of way) that is not part of the requested zoning map change;

(2) A street right of way shall not be considered in computing the 100 foot buffer area as long as the street right of way is 100 feet wide or less.

(3) When less than an entire parcel of land is being rezoned, the 100 foot buffer shall be measured from the property line of the entire parcel.

Property ownership shall be determined based on available recorded property records. In the event of records that are incomplete or in conflict, County tax listings may be used to determine ownership.

The petition shall contain all information required on the form supplied by the Planning Director or designee, or the Clerk to the Board of Commissioners.

1. A form for a protest petition shall be available from the Planning Director or designee, or the Clerk to the Board of Commissioners.

2. Completed petitions shall be submitted to the Clerk to the Board of Commissioners at least four working days prior to the day of the public hearing.

3. The Planning Director, or designee, in consultation with the County Attorney, shall determine if the petition meets the criteria for classification of “valid protest petition”. The Clerk shall inform the governing body that a petition has been filed and indicate the determination by the Planning Director, or designee, whether the petition is valid or invalid. The Planning Director, or designee, shall notify the petitioner as to the validity of the protest petition.

4. Where a substantial modification to a zoning map change application that requires resubmission to the Planning Commission has been submitted, the Planning Director, or designee, shall notify the petitioner, in writing, that a new protest petition is required.

5. Petitions for zoning map change for which a protest petition has been determined to be valid shall require a ¾ vote of the governing body for approval rather than a simple majority. Vacant positions and members who have been excused from voting because of a conflict of interest shall not be considered in computing governing body membership.

Persons or entities who have signed protest petitions may withdraw their signatures at any time prior to the vote on the proposed map change. Any withdrawal must meet standards established for such withdrawals by the Planning Department. Withdrawals submitted less than two working days prior to the public hearing may result in a continuance of the hearing if the effect of the withdrawal on the validity of the protest cannot be determined prior to the public hearing.

The foregoing provisions concerning protest petitions shall not be applicable to any zoning map change that establishes the County’s zoning designation on property that has been relinquished from the City’s jurisdiction, except as provided by general or local law.