(A) Purpose of Conditional Use Districts
If the regulations and restrictions of a general use zoning district are inadequate to ensure the compatibility of the proposed development with the immediately surrounding neighborhood in accordance with the principles of the Comprehensive Plan and this Ordinance, the property owner may apply for rezoning to a conditional use district that bears the same designation as a general use zoning district but is a conditional use zoning district subject to additional conditions in which limited uses are permitted and that are contained in the ordinance approving the conditional use district.
(B) Process Required
A person petitioning for rezoning of a tract of land may elect to request a conditional use district for that tract. The conditional use district application must specify the intended use or usesand the proposed conditions for the property specified in the petition. The intended use or uses must be permitted in the corresponding general use district. The Town Council is to approve or disapprove the application on the basis of the specific use or uses and conditions proposed. Development in a conditional use district requires approval of a single application similar to a general use district rezoning application, which shall be reviewed by the Town Council through a legislative process.
(1) Conditional Use Rezoning Process
Rezoning to a conditional use district shall require submission and approval of an application for a rezoning in accordance with the general procedures set forth in Section 3.4.1, as modified by this Section 3.4.2. A rezoning to a conditional use district may be initiated only by an application signed by all of the owners of the property or by an agent authorized by all of the owners to file such application, which application shall include the affidavit required by Section 3.4.2(C)(4) and (5). If the application is approved, the Town Council shall adopt an ordinance authorizing the requested use with such reasonable conditions as mutually approved by the applicant and Town Council and determined to be desirable in promoting public health, safety and general welfare.
(C) Conditions
(1) The conditional use rezoning application shall specify the use or uses that are intended for the property or any use or uses that are prohibited, as well as any additional conditions on the use of the property that the applicant may propose be conditions of the rezoning. The applicant may propose conditions regarding building design elements as defined in G.S. 160D-702 and other development considerations. Conditions are limited to:
(a) Those that address conformance of the development and use of the site to Town ordinances or officially adopted plans; or
(b) Those that address the impacts reasonably expected to be generated by the development and use of the site.
(2) An applicant may include a concept plan as a zoning condition in addition to written zoning conditions. A concept plan is a conceptual, illustrative plan that may not be used to eliminate or reduce any LDO or other requirement unless such elimination or reduction is designated as such and specifically provided for in this Ordinance. A concept plan shall show the overall site layout for the proposed development or a portion thereof including, but not limited to, development features such as:
(a) Land uses;
(b) Maximum number of residential units or non-residential square footage;
(c) Any building setbacks and/or buffers that exceed minimum requirements of the LDO;
(d) Natural open space areas to remain undisturbed;
(e) Improved open space areas, including stormwater management devices; and
(f) Vehicular and pedestrian access and circulation.
(3) No condition shall be less restrictive than the standards of the parallel general use district or the standards of any overlay district that applies to the property.
(4) No condition shall be made part of the application, or shall be attached to approval of the conditional use district, which specifies the ownership status, race, religion, or character of the occupants of housing units, the minimum value of improvements, or any other exclusionary device; which states that the use of the property will not be subject to regulations or restrictions set forth in this Ordinance which would apply to the property in any event, such as the regulations for an overlay district which covers the property; or which sets a minimum square footage of any structures subject to regulation under the North Carolina Residential Code for One- and Two-Family Dwellings.
(5) The applicant shall make no changes to proposed zoning conditions within fifteen (15) business days of a meeting at which the rezoning case is scheduled for consideration. Changes to proposed zoning conditions received after publication of the notice of the initial public hearing must be more restrictive than the conditions initially advertised. A revised affidavit meeting the requirements of Section 3.4.2(C)(6) which includes the revised conditions must be received by the Planning Department prior to the meeting at which the rezoning request is to be presented.
(6) The conditional use rezoning application shall include an affidavit listing all proposed zoning conditions and provisions and attaching any proposed concept plan. A revised affidavit shall be submitted each time the applicant proposes new zoning conditions or a new concept plan. The initial and revised affidavit shall state that:
(a) All zoning conditions and provisions are freely offered as proposed zoning laws, based solely on the property owner/applicant's independent judgment; and
(b) The property owner/applicant is not relying upon any statement by the Town staff or any member of the Town Council in connection with the decision to offer any zoning conditions, provisions or concept plans; and
(c) The property owner/applicant understands that other parties that have standing in the rezoning proceeding are relying on the validity of the zoning conditions, provisions and concept plans; and
(d) The property owner/applicant intends for all future owners of the property to be bound by the zoning conditions, provisions and concept plans, should the Town Council adopt them as part of the rezoning; and
(e) The property owner/applicant will take all appropriate measures to ensure that future property owners are aware of the zoning conditions, provisions and concept plans.
(D) Changes to Conditions of Approved Conditional Use District
(1) Written Zoning Conditions
Any change to written conditions attached to an approved conditional use rezoning shall be considered a change to the conditional use district, and shall be processed as a new conditional use application in accordance with the procedures set forth in this Section 3.4.2.
(2) Concept Plan
Staff may only approve changes to approved concept plans if such changes fall within the criteria allowed for administrative approval under Section 3.19, Minor Modifications. Proposed changes that do not fall within the criteria allowed for approval in Section 3.19 shall proceed in the same manner as the original rezoning.
(3) Eligibility for Zoning Amendments
If multiple parcels of land are subject to a conditional use district, the owners of individual parcels may apply for modification of the conditions applicable to their property so long as the modification would not result in other properties failing to meet the terms of the conditions. Any modifications approved shall only be applicable to those properties whose owners petition for the modification.