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6.3.1 Purpose and intent. The Conditional Zoning District classification allows the Town Council to consider proposed uses and tailor the zoning to accommodate those uses while addressing anticipated problems that may arise from the establishment of the proposed uses. This section sets forth the types of Conditional Zoning Districts and explains their relationship to the Base Zoning Districts
6.3.2 Designation. Conditional Zoning Districts shall be designated only in accordance with the procedures set forth in division 3.2.3, Conditional Zoning District Classification, and may not contain conditions which are less restrictive than this ordinance, other town requirements, or other applicable state or federal laws.
6.3.3 Allowable uses. No use shall be permitted within a Conditional Zoning District except pursuant to the conditions imposed as part of the approval. The permitted uses shall be limited to those permitted in the corresponding Base Zoning District unless otherwise restricted in the conditions set forth in the approval of the Conditional Zoning District classification. Any use allowed in one Gateway District may be approved as a Conditional District in any other Gateway District.
(C) Stricter standards adopted. Existing conditions or limitations associated with an approved Conditional Zoning District classification shall become null and void if future amendments to this ordinance require stricter standards than those imposed under the Conditional Zoning District classification.
(D) Application of conditions. In cases where the ability to implement an approved Conditional Zoning District condition is impossible or impractical (e.g., a condition requiring trees to be preserved when the trees have subsequently died due to natural causes), the Ordinance Administrator shall enforce the condition in a way that most closely meets the condition’s original intent.
6.3.5 Parallel Conditional Districts established. Each Base Zoning District shall have a corresponding “parallel” Conditional Zoning District. Conditional Zoning District classifications shall be indicated on the Official Zoning Map by the suffix “CD” in front of the associated Base Zoning District.
(A) General. The Planned Unit Development District (CD-PUD) is a special purpose Conditional Zoning District that is established in order to accommodate a diverse mix of residential and nonresidential uses and structures that function as a cohesive, integrated, and unified development. This district encourages innovative development patterns by allowing flexibility in permitted uses, design, and layout requirements in conjunction with a concept plan. This district may only be established through the process set forth in division 3.2.3, Conditional Zoning District Classification.
(3) Preservation of environmentally sensitive areas. All areas of wetlands as defined by state and federal agencies, steep slopes of 15% and greater, floodways as delineated by the North Carolina Division of Emergency Management or its successor, and sites listed in the most recent Natural Heritage Inventory shall be preserved as open space.
(5) Density. The overall residential density of the PUD is established by the concept plan as part of the Conditional Zoning District classification. The density may be higher than the maximum allowed by the base district, but no more than 12 dwelling units per acre, and must follow the minimum lot size standard in division 6.3.6(B)(5).
(6) Minimum lot size. Minimum lot sizes in each area of the PUD are established by the concept plan as part of the Conditional Zoning District classification. Where a residential portion of a PUD abuts a platted or developed single-family residential subdivision, the minimum lot size shall not be less than one-half of the minimum lot size of the adjoining district. However, no residential lot shall be less than 6,000 square feet in gross area.
(10) Open space and recreation facilities. A minimum of 20% of the gross area of the PUD must be dedicated to open space. No more than 50% of the dedicated open space may be used for active recreation purposes (i.e., soccer fields, tennis courts) and the like. At least 50% of the passive recreation/natural areas must be usable and accessible (i.e., not wetlands, steep slopes, or other marginal lands).
(12) Parking and loading. Off-street parking and loading areas must be provided in accordance with Article 13.
(13) Street design. Streets must be designed and located so that they are integrated into and provide continuation of the surrounding street network. A minimum street connectivity index score of 1.5, as outlined in division 14.3.4(B), shall be maintained throughout the development.
(i) A common signage plan must be included as part of the concept plan. This common signage plan shall specify the size, type, height, setback, location, design, illumination, and number of signs to be allowed in the PUD. All signs included in the common signage plan shall utilize the same coordinated colors, styles, and lettering schemes throughout the development.
(Ord. A.21.01, passed 6-3-2021)