(A) Purpose of Flexible Use Districts
Flexible Use Zoning Districts are districts in the nature of legislatively approved conditional zoning districts that allow for the establishment of certain uses, or mixes of uses, which because of their nature or scale cannot be properly accommodated within a general use zoning district. Flexible use zoning districts allow opportunity for greater flexibility in design and development of property. Since flexible use zoning is not tied to a corresponding general use zoning district and its associated zoning standards, applicants requesting a flexible use zoning district for property may propose zoning and development standards that are specific to that particular property (or district) that can be more or less restrictive than standards associated with general use districts. Flexible use districts permit multiple, coordinated uses in an integrated concept; require an overall master development plan; and provide suitable open space amenities, resource protection, gathering spaces, recreational opportunities; and architectural cohesion.
(B) Process Required
Rezoning to a flexible 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, and any modifications applicable to the particular type of flexible use district requested. A rezoning to a flexible use district may be initiated only by an application signed by all of the owners of the property to be included in the district or by an agent authorized by all of the owners to file such application. If the application is approved, the Town Council shall adopt an ordinance authorizing the requested use with such reasonable conditions as are mutually approved by the applicant and Town Council and determined to be desirable in promoting public health, safety and general welfare.
(C) Conditions
(1) Rezoning applications for a flexible use rezoning district shall, depending on the type of flexible use district requested, include a master land use plan, preliminary development plan or development plan that specifies the use or uses that are intended for the property, as well as any additional conditions on the use of the property that the applicant may propose as 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) No condition shall be made part of the application, or shall be attached to approval of the flexible use district, which specifies the ownership status, race, religion, or character of the occupants of housing units, the minimum value of improvements, a minimum square footage of any structures subject to regulation under the North Carolina Residential Code for One- and Two-Family Dwellings, or any illegal exclusionary device; or 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.