§ 6.3 CONDITIONAL ZONING DISTRICTS.

Publisher's Note: This Section has been AMENDED by new legislation (Ord. LDOTA.24.05, adopted 6-6-2024). The text of the amendment will be incorporated below when the ordinance is codified.

   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.

   6.3.4   Applicable standards.

   (A)   Base Zoning District standards apply. All standards and requirements that apply to the corresponding Base Zoning District shall also apply to the Conditional Zoning District, except where allowed in division 6.3.6(B) and § 6.5.

   (B)   No less restrictive than base district. Conditions imposed on a Conditional Zoning District may be no less restrictive than the standards that apply to the corresponding Base Zoning District, except where allowed in division 6.3.6(B) and 6.5.

   (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.

   6.3.6   Planned Unit Development District (CD-PUD).

      (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 or 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.

      (B)   Planned unit development standards.

         (1)   Minimum size. The minimum size for an application for Conditional Zoning District classification to a CD-PUD district is 25 acres.

         (2)   Permitted uses. Planned Unit Developments may contain any use allowed in the RP, RR, RS, RT, RMF, OI, NB, CB, CX, SI, NI, CW, and CE Districts except for agricultural uses.

         (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.

         (4)   Protection of open space corridors. Open space connections must be retained in a natural condition, with the exception of greenways that comply with the town's adopted standards, which are still allowed in these areas.

         (5)   Density. The overall residential density of the PUD is established by the concept plan as part of the Conditional Zoning District classification.

         (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.

         (7)   Minimum interior setbacks. Setback requirements within the PUD are established by the concept plan as part of the Conditional Zoning District classification. While no minimum setback is required, if one is provided it must be at least five feet in width.

         (8)   Minimum street setbacks. Minimum street (front yard) setbacks within the PUD are established by the concept plan as part of the Conditional Zoning District classification.

         (9)   Maximum height. Within single-family residential portions of a PUD, the maximum height limit is 35 feet. In nonresidential or mixed-use portions of a PUD, the maximum height limit is determined by the concept plan.

         (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).

         (11)   Nonresidential areas. Nonresidential areas and adjacent residential areas must be arranged in such a manner that convenient pedestrian access is provided between and within those areas.

         (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.

         (14)   Signs.

            (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.

            (ii)   Signs allowed in residential portions of the PUD may be no less restrictive than the standards set forth for signs in the RT District.

            (iii)   Signs allowed in nonresidential portions of the PUD may be no less restrictive than the standards set forth for signs in the CB District.

         (15)   Landscaping. Landscaping standards for the PUD are established by the concept plan as part of the Conditional Zoning District classification.

         (16)   Buffering. Buffering standards for the PUD are established by the concept plan as part of the Conditional Zoning District classification.

(Ord. A.21.01, passed 6-3-2021; Ord. A.23.01, passed 3-2-2023; Ord. TA. 24.05, passed 6-6-2024)