Conditional districts are districts with conditions mutually agreed upon by the applicant and the Town and approved in a legislative procedure by the Board of Aldermen in accordance with G.S. 160D-703. Conditional districts provide for orderly and flexible development under the general policies of this article and the subdivision ordinance without the constraints of some of the prescribed standards guiding by-right development. A Conditional district may be used in any district but is not intended to relieve hardships that would otherwise be handled using a variance/quasi-judicial procedure. The Board of Aldermen shall consider the conditions and site/subdivision plans in making a decision on the rezoning to a conditional district. The following shall apply:
(1) Property may only be placed in a conditional district at the request of all owners of the property to be included.
(2) Only conditions approved by the Town and consented to by the applicant may be incorporated into the zoning regulations.
(3) Unless consented to by the petitioner in writing, in the exercise of the authority granted by this section, the Town may not require, enforce, or incorporate into the zoning regulations any condition or requirement not otherwise authorized by law.
(4) Minor modifications to conditional district standards, once approved by the Board of Aldermen, may be reviewed and approved administratively only as outlined in Section 9-4097, Any other modification of the conditions and standards in a conditional district shall follow the same process for approval as are applicable to zoning map amendments.
(Ord. of 6/24/21)