Processing Text Amendment Requests
The process described below is based upon Chapter 200A, Land Development Code, §200A-314 and §200A-338 and the general procedures followed by the Planning Department, Technical Review Committee (TRC), and Zoning Board of Adjustment. Such procedures as well as application fees are subject to change. Please refer to Chapter 200A, Land Development Code, §200A-314 and §200A-338 or contact the Planning Department for additional information.
- Pre-Application Conference. Prior to filing a text amendment application along with the supplemental documents and fees noted in the application, the Planning Department suggests that potential applicants make an appointment with the appropriate Staff member to discuss proposed changes to the text. The purposes of this conference are to provide information to the applicant regarding the review process and assist in the preparation of the application. Staff will explain that the application will proceed through Staff, the TRC and Planning Board before the Board of Commissioners hold a public hearing on the application.
- Application Submittal. The text amendment application, supplemental documents, and fee must be submitted on or before the first business day of the month and at least 45 days prior to the date of the Planning Board Meeting at which the application is to be considered (See text amendment application submittal deadlines). The Planning Board meets regularly on the third Thursday of each month. You may submit your application and fee to the Planning Department.
- Staff Review. Upon receipt of an application, Planning Staff will begin processing the application. Staff will conduct a Text Amendment Study which will: (1) assess the likely impacts of the proposed text amendment on the surrounding community, (2) evaluate the merits of the proposed text amendment to the community and to Henderson County as a whole, and (3) consider how the proposed text amendment conforms with the County's Land Use Plan (Henderson County 2020 Comprehensive Plan) and other relevant plans and ordinances. Based on findings, Planning Staff may make a favorable or unfavorable recommendation.
- TRC Review. Approximately one week prior to the date at which you application will be considered by the TRC, Planning Staff will deliver your application along with any additional materials to the TRC for its consideration. At the meeting during which your application is considered, the TRC will hear Planning Staff comments and may provide additional comments and recommendations. You or your agent will have an opportunity to address the TRC. The application will then proceed from the TRC to the Planning Board.
- Planning Board Review. Approximately one week prior to the date at which your application is to be considered by the Planning Board, Planning Staff will deliver your application along with the Text Amendment Study and Staff recommendations to the Planning Board for its consideration. At the meeting during which your application is considered, the Planning Board will hear Planning Staff comments. You or your agent will have an opportunity to address the Planning Board. The Planning Board often takes action on an application at the meeting at which the application is first considered. The Planning Board may, however, refer the application to a subcommittee for review (which will provide its recommendation to the full Planning Board). The Planning Board has 45 days from its first consideration of an application to send a recommendation to the Board of Commissioners. Failure to do so will result in an automatic favorable recommendation to the Board of Commissioners. If necessary this deadline may be extended to 90 days, upon the agreement the applicant and the Planning Board.
- Board of Commissioners Review: Public Hearing. Upon receipt of your application with Planning Board recommendations, the Board of Commissioners will schedule a Public Hearing regarding your application. Public Hearings are generally held at the Commissioners' regularly scheduled meeting on the first Monday night of each month. Upon determination of the Hearing date, a Notice of Public Hearing process will begin, wherein notices of the proposed text amendmnet and the associated Public Hearing are published in the Hendersonville Times News. According to State law and Chapter 200A, Land Development Code, two (2) notices must be published with the first notice appearing at least 10 days and no more than 25 days prior to the hearing. At the Public Hearing, Planning Staff and other County officials, the general public, as well as the applicant and/or your agent will be given the opportunity to speak regarding the proposed rezoning. While the Board of Commissioners does not have a time period within which it is required to take action on text amendment applications, it will typically take action immediately following the Public Hearing. Or, it may delay action until its next meeting. If the Board of Commissioners approve the application, then the proposed text amendment typically becomes effective immediately.