From and after July 1, 2005, the Conditional Use District shall not be available for use in rezoning property within the zoning jurisdiction of the City of Asheville. Any conditional use district ordinance adopted prior to July 1, 2005, shall remain valid and subject to the provisions contained herein and in the adopted ordinances establishing said districts.
(a) Purpose. The Conditional Use District is established to provide for flexibility in the development of property while ensuring that the development is compatible with neighboring uses. Additional standards and regulations may be attached to a proposed development to ensure compatibility with the surrounding uses and with applicable adopted plans in accordance with the requirements of this ordinance. When applying for designation as a Conditional Use District, the owner shall specify the nature of the proposed development and shall propose conditions to ensure compatibility between the development and the surrounding uses.
(b) General requirements. The use of the Conditional Use District is strongly encouraged due to the refinement of requests permitted by this option. Conditional use overlay zoning affords a degree of certainty in land use decisions not possible when rezoning to a general use district.
(1) A Conditional Use District application shall be considered only upon request by the property owner or a duly authorized representative of the property owner.
(2) Prior to submittal of the application, it is strongly recommended that the applicant meet with representatives of the surrounding property owners and of the surrounding neighborhood(s) to discuss the proposed development.
(3) All standards and requirements of the underlying zoning district shall be met, except to the extent that the conditions imposed by the conditional use zoning are more restrictive than the underlying standards.
(4) No use shall be permitted except those allowed by approval of a conditional use permit.
(5) The conditions imposed pursuant to the conditional use permit approval shall be stated on the permit and may limit the uses which are permitted on the property. Such conditions may further specify location on the property of the proposed structure(s), the number of dwelling units, the location and extent of supporting facilities such as parking lots, driveways, and access streets, the location and extent of buffer areas and other special purpose areas, the timing of development, the height of structures, the location and extent of rights-of-way and other areas to be dedicated for public purposes, and other such matters as may be identified as appropriate for the proposed development.
(6) Minor modifications of the approved conditional use permit may be approved by the planning and development director. The minor modifications authorized herein are intended to provide relief where conditions, established by the conditional use permit granted, create a hardship based upon a unique physical attribute of the property itself or some other factor unique to the property which was not known at the time of permit approval and which subsequently rendered the land difficult or impossible to use due to the condition(s) imposed. The permit holder shall bear the burden of proof to secure the modification(s). Such modifications shall be limited to the following:
a. A deviation of up to ten percent or 24 inches, whichever is greater, from the approved setback, provided that the conditions for approving a deviation from the required setback established by subsection 7-11-8(c)(1) of this chapter are met.
b. A reduction of up to 25 percent in the number of parking spaces required for the use provided that the conditions established by subsection 7-11-8(c)(2) of this chapter are met.
(7) Any violation of a condition included in the approval of a conditional use permit shall be treated the same as any other violation of this chapter and shall be subject to the same remedies and penalties as any other such violation.
(8) If for any reason any condition imposed pursuant to these regulations is found to be illegal or invalid, or if the applicant should fail to accept any condition, the approval of such Conditional Use District shall be null and void, the property shall revert to its previous zoning classification and the conditional use permit shall be deemed revoked, all without further action by the city council.
(9) If no action has been taken to begin development of the property in accordance with the approved conditional use permit within 24 months of its approval by city council, the Conditional Use District zoning shall be null and void, the property shall revert to its previous zoning classification and the conditional use permit shall be deemed revoked, all without further action of the city council.
(10) If the use or uses commenced pursuant to a permit issued under this section are deemed abandoned or discontinued pursuant to sections 7-17-5 or 7-17-6, then the conditional use permit issued pursuant to this section shall be deemed revoked, the Conditional Use District zoning shall be null and void, and the property shall revert to its previous zoning classification, without action by the city council.
(c) Application procedure. Applications for Conditional Use District zoning and for issuance of a conditional use permit shall be processed, considered, and voted upon using the same procedures and subject to the same requirements as those established by sections 7-7 and 7-5-5 of this chapter, except as otherwise provided below:
(1) The application shall include site plans, landscape plans, building elevations, floor plans, and such other information required to provide the approving bodies with a complete and accurate description of the proposed development.
(2) The application and supporting materials shall be reviewed by the technical review committee in accordance with the procedures set forth in section 7-5-5 of this chapter prior to the meeting of the planning and zoning commission at which the application is to be considered. Notice of this meeting shall be provided as the same is required for a public hearing for rezoning property as set forth in subsection 7-5-20(a)(4) of this chapter. The recommendations and comments of the technical review committee shall be reported to the planning and zoning commission.
(3) In establishing conditional districts, the city council may prescribe dimensional requirements (height, setback, etc.) that are different from the requirements of the corresponding general zoning classification, and may prescribe development and design standards that are different from those set out in article XI; provided, that any request for a modification to a dimensional requirement or development and design standards (landscape, parking, etc.) that is less restrictive than would be applicable for the corresponding general zoning classification must be specifically described in any notices required for the public hearing on the conditional zoning application, if it is part of the application, and must be set out separately in any ordinance establishing said conditional zoning district, together with an explanation of the reason for the modification. Except as modified pursuant to this paragraph, or pursuant to paragraph (6), below, all standards and requirements of the corresponding general zoning district must be met. Variances to the standards established for any conditional zoning shall not be allowed.
(4) Upon receipt of the recommendations from the planning and zoning commission, the city council shall hold a public hearing on the requests for Conditional Use District zoning and issuance of a conditional use permit. Notice of the public hearing shall be provided in accordance with the provisions of section 7-5-20 of this chapter. The city council shall take separate actions on consideration of the zoning request and the conditional use permit request.
(5) The Asheville City Council shall not approve the conditional use permit unless and until it has approved the rezoning request. The standards for granting conditional use permits under this section shall be the same as for conditional use permits issued pursuant to subsection 7-16-2(c).
(6) Upon review of the requests for approval of Conditional Use District zoning, the Asheville City Council may authorize the amendment of the official zoning map of the City of Asheville to add the Conditional Use District zoning and issue the conditional use permit for the proposed development; deny the requests for the zoning and issuance of the conditional use permit; or continue the consideration of the requests in order to receive further information regarding the requests.
(7) In approving the conditional use permit, the Asheville City Council may impose such conditions and requirements as it deems necessary in order for the purpose and intent of this chapter to be served.
(8) The Conditional Use District zoning and conditional use permit authorized and approved as provided herein shall be perpetually binding upon the affected property unless subsequently changed or amended as provided for in this chapter.
(Ord. No. 2669, § 1, 2-22-00; Ord. No. 3237, § 1(a), 5-24-05; Ord. No. 3369, § 1(a), 6-27-06; Ord. No. 3374, § 1(v), 7- 11-06; Ord. No. 3700, § 1f, 2-10-09)