Conditional districts are districts with conditions voluntarily added by the applicant and approved in a legislative procedure by the town council in accordance with G.S. 160D. Conditional districts provide for orderly and flexible development under the general policies of this chapter without the constraints of some of the prescribed standards guiding by-right development. Conditional districts may be associated with any land development district and shall be designated by adding the suffix "CD" to the land development district with which they are associated. Conditional districts are not intended to relieve hardships that would otherwise be handled using a variance procedure.
(1) Application to establish district.
a. Applicant and property. Conditional district classification shall only be considered upon the request of the owners and/or the representatives of the owners of all the property to be included. A conditional district shall consist of land under unified control which may be planned and developed as a single development or as an approved programmed series of development phases by multiple developers. The term "unified control" means that all land to be included within a conditional district shall be owned or otherwise under the legal control of the person or legal entity which has applied for a conditional district. Such person or entity shall be legally capable of providing a commitment to the town that the conditional district development will comply with all documents, plans, standards and conditions approved by the town.
b. Standards of district to be met. Within an approved conditional district, no use shall be permitted except pursuant to the conditions imposed by the applicant on the conditional district in the approval of the rezoning. In general, the development standards for the associated land development district, as well as general standards contained in this chapter, shall govern development within the conditional district. However, within a conditional district, petitioners may place additional requirements or standards onto themselves and their property or ask that certain uses identified in the associated district be decreased. In addition, specific development standards (except those involving use) may be varied if specifically requested by the petitioner as part of a conditional district application. If no specific request is made by the petitioner to change the applicable development standards or if the petition is silent on the point, it shall be understood that all applicable development standards shall govern the development and use of the property.
c. Contents of application. A conditional district application shall consist of the environmental survey and general development plan, as provided for herein, as well as any other plans, drawings, renderings, elevations, maps and documents specifically included as development documents for approval by the town council. The general development plan, as a site-specific conditional zoning plan, is itself a condition of the conditional district rezoning.
1. Existing conditions survey. An existing conditions survey is intended to document the existing conditions of the property so that the town and the applicant can fully evaluate the impacts of the proposed development. Furthermore, identification of environmental conditions on a site prior to the advanced preparation of development plans enables the reasonable and practical planned preservation of existing and environmentally sensitive areas. This requirement provides the town and the applicant the ability to evaluate the proposed development in order to preserve vegetation, to improve the appearance of the development proposed and to satisfy other requirements of this chapter. The existing conditions survey shall include the following (where applicable):
(i) Existing property boundaries and dimensions of existing lots, including acreage of the entire area to be rezoned.
(ii) Existing buildings and other structures, including fences and retaining walls.
(iii) Existing roads, driveways, and parking areas, including any existing rights-of-way and easements.
(iv) Existing utilities, including any utility easements.
(v) A topographic survey is required. However, a topographic survey may be waived by the administrator if the slope of the property is determined to be less than ten percent and/or if no physical improvements to the site are proposed (i.e., strictly change of use).
(vi) Existing watercourses, including perennial streams and wetlands.
(vii) Floodplains.
(viii) Previously documented endangered species habitats.
(ix) Location of forest stands or trees of a uniform size and species; specimen trees of varying sizes and species, particularly freestanding or open-grown or field-grown trees; distinctive tree lines or forest edges.
(x) Significant historical and archaeological resource areas as defined by the National Register of Historic Place or other federal and/or state agencies.
2. General development plan.
(i) The general development plan is intended to provide a detailed two-dimensional drawing that illustrates all of the required site features, including buildings, parking areas, street locations, street sections, rights-of-way, property lines and setbacks, required or proposed watercourse buffers, site landscaping and lighting (in conceptual form), and all related development calculations (e.g., density, proposed building areas, number of parking spaces, estimated impervious surface) in sufficient detail to show compliance with this chapter. Detailed engineering drawings such as subsurface utilities (e.g., water and sewer) and on-site stormwater facilities are not required for general development plans. All plans shall be submitted at a scale not less than one inch equals 50 feet (for site plans) or one inch equals 200 feet (for subdivisions) unless otherwise authorized by the zoning administrator and shall, at a minimum, consist of the following:
A. The overall boundary and acreage of the area to be rezoned, including underlying zoning districts.
B. The general location, orientation and size of principal structures and associated parking areas; landscape and buffer areas; open space areas; the location, size and general treatment of environmentally sensitive areas; the general location and size of existing and proposed water mains and sewer trunk lines required to service the development; and general traffic routes (external and internal) to and from the development with major access points identified.
C. Tabular data, including the range and scope of proposed land uses, proposed densities, floor area ratios or impervious surface ratios as applicable to development type; and land areas devoted to each type of general land use and phase of development.
D. A full list of proposed uses consistent in character with the underlying zoning district. Such use classifications may be selected from any of the uses, whether permitted, by right or special, allowed in the general zoning district upon which the conditional district is based. Uses not otherwise permitted within the general zoning district shall not be permitted within the conditional district.
E. A proposed development schedule if the project is to be phased.
F. Conceptual building elevations with materials and facade color for new commercial structures and additions to commercial structures that exceed 1,000 square feet to ensure compliance with section 36-107.
G. Applicant's statement as to how the proposal is consistent with the comprehensive plan and outlining any specific goals or policies achieved as a result of the proposal.
H. A statement of the proposed design standards or development requirements that differ from the requirement of the zoning and/or subdivision regulations, including a narrative explaining the special circumstances or development or design objectives that justify the varied standards.
(i) General development plans do not necessarily need to provide the level of detail required for a final site plan; nevertheless, they should address, at least conceptually, the parameters for special use permit applications contained in section 36-103, with enough detail to realistically assess the potential impacts of the proposed development on public infrastructure, neighboring properties, and the existing natural and built environment.
(2) Formal review. Formal review shall be in accordance with the procedures for amending this chapter contained in section 36-369, except as modified herein.
a. Preapplication conference. The town strongly recommends that persons intending to apply for the creation of a conditional district schedule a preapplication meeting with the zoning administrator. The purpose of this meeting is to afford the applicant an opportunity to obtain the advice and assistance of the community development department in formulating the application in compliance with town regulations.
b. Completeness review. Once an application to establish a conditional district has been received by the town, the zoning administrator will promptly review it to determine if it is complete, which is to say, the requisite fee has been provided, the application itself is complete, and all required supporting documentation, including any additional information which the administrator deems necessary for the town to have an adequate understanding of the proposed project, has been provided. If the administrator determines the submittal is incomplete, he shall notify the applicant in writing of the deficiencies found therein. An applicant has the right to refuse to provide the additional information requested and to demand that the application be processed in accordance with this section.
c. Development review committee. Once the zoning administrator is in possession of a complete application, or once the applicant has refused to provide additional information and has demanded the processing of the application, the zoning administrator shall submit such application to the development review committee for technical review and recommendation.
d. Neighborhood compatibility meeting. This section provides a process whereby affected property owners, residents and developers have an opportunity to participate in a dialogue as to how development is to be integrated into their neighborhoods. This is accomplished by a neighborhood compatibility meeting to be facilitated by the zoning administrator within 14 days of receipt of the recommendation of the development review committee.
1. Notification of participants. At least seven calendar days prior to the meeting, notice of the meeting shall be given in the following fashion:
(i) The developer shall be informed of the meeting by mail. Failure of the developer, or his authorized agent, to attend this meeting shall lead to an automatic annulment of the application.
(ii) Property owners within 400 feet of any property line of the proposed sites shall be informed of the meeting by mail.
(iii) All other persons shall be informed of the meeting by a conspicuously placed standardized on-site sign.
2. The developer's presentation. During the neighborhood compatibility meeting, the developer shall explain to the affected property owners the proposed use for the site. The presentation shall include the developer's position on the compatibility of the project. It is the developer's responsibility to propose a compatible project.
3. Relevant topics to be discussed. Following the developer's presentation, affected property owners and residents shall be permitted time to question the developer about points which remain unclear. Questioning shall center on the proposal's compatibility as presented, not the question of whether the site should be developed or its use changed.
4. Result of neighborhood compatibility meeting. Following the exchange of views between the developer and affected property owners/residents, the zoning administrator shall review orally the points voiced during the informal compatibility meeting. Included in the review shall be proposals or counter-proposals to which both parties have agreed in an effort to make the project compatible, as well as those points where disagreement still exists. Upon conclusion of the review, the zoning administrator shall ask those assembled if the positions presented represent an accurate summary of the opinions expressed by the developer and affected property owners/residents. When they do, the meeting shall be concluded and the zoning administrator shall record the opinions in the zoning administrator's report. The neighborhood compatibility report shall become a part of the application file.
e. Zoning and planning board review. The complete application, accompanied by the report of the development review committee, shall then be submitted to the zoning and planning board. The zoning and planning board shall review the application for consistency with the town's comprehensive plan, any other applicable plans, and with this chapter. The zoning and planning board may also evaluate and comment upon the issue of whether the proposed conditional district zoning is designed to promote the public health, safety and welfare. The recommendations of the zoning and planning board shall be reported to town council for inclusion in the record of the public hearing.
f. [Public hearing of town council.] The town council shall conduct a public hearing on the application within 35 days of receipt of the report of the zoning and planning board. Said hearing shall be noticed and conducted in accordance with section 36-373.
1. Decisions. Decisions by the town council shall be by majority vote, unless a valid protest petition has been filed, in which case, a three-fourths majority vote of eligible members shall be required for approval.
2. Fair and reasonable conditions. The provisions of the conditional district general development plan shall replace all conflicting development regulations set forth in this chapter which would otherwise apply to the development site. The town council may attach reasonable and appropriate conditions, including, but not limited to, the location, nature, hours of operation, and extent of the proposed use; provided, however, only those conditions mutually approved by the town and the applicant may be incorporated into the zoning regulations or permit requirements for the conditional district. Conditions and site-specific standards shall be limited to those that address conformance of the development and use of the site to the zoning regulations and officially adopted plans and those standards and conditions that address the impacts reasonably expected to be generated by the development and use of the site. The applicant will have a reasonable opportunity to consider and respond to any additional requirements proposed by either the zoning and planning board or the town council prior to final action.
3. Recordation of notice of conditional district zoning. Within 30 days of the enactment of an ordinance creating a conditional district, the applicant shall cause a notice of conditional district zoning to be recorded in the county registry. Such notice shall reference the name of the owner of the property, the parcel identification number (PIN) of the property, the instrument by which title was obtained by the owner, and the ordinance number adopted by town council approving the conditional zoning district.
(3) Effect of approval/changes. The development and use of all land within the conditional district shall be in keeping with the approved general development plan and all applicable provisions therein. The applicant may proceed with development only after approval of the conditional district general development plan by the town council, followed by approval of any necessary site plans or subdivision plats, except that all subsequent approvals shall be completed by the appropriate review authority. An approved conditional district containing one or more uses listed as special uses in the associated zoning district shall not require a special use permit, and no further review by the board of adjustment is required.
a. Final approval by stages. If so reflected on the general development plan, the town council may allow the staging of final development. Each phase of development shall adhere to all applicable provisions and standards of this section and the applicable conditional district general development plan.
b. Substantial changes. Any substantial change to a general development plan as noted below shall be reviewed by the zoning and planning board and approved or denied by the town council as an amended conditional district. The following changes to a conditional district general development plan shall be deemed to constitute a substantial change requiring approval by the town council:
1. Land area being added or removed from the conditional district.
2. Modification of special performance criteria, design standards, or other requirements specified by the enacting ordinance.
3. A change in land use or development type beyond that permitted by the approved general development plan.
4. When there is introduction of a new vehicular access point to an existing street, road or thoroughfare not previously designated for access.
5. When there is an increase in the total number of residential dwelling units originally authorized by the approved general development plan.
6. When the total floor area of a commercial or industrial classification is increased, in the aggregate, more than ten percent beyond the total floor area last approved by the town council.
c. Additional changes. All other changes to a conditional district general development plan shall receive approval by the zoning and planning board. However, if, in the judgment of the zoning and planning board, the requested changes alter the basic development concept of the conditional district, the zoning and planning board may require concurrent approval by the town council.
d. Rescission of conditional districts. The applicant shall secure a valid building or construction permit within a 12-month period from date of approval of the conditional district unless otherwise specified. If such project is not complete or a valid building or construction permit is not in place at the end of the 12-month period, the zoning administrator shall notify the applicant of such finding. Within 60 calendar days of notification, the zoning administrator shall make a recommendation concerning the rescission of the conditional district to the town council. The town council may then rescind the conditional district or extend the life of the conditional district for a specified period of time. The rescission of a conditional district shall follow the same procedure as used for approval.
(Code 1989, § 92.019; Ord. of 7-12-2011; Ord. of 8-9-2011; Ord. No. 21-05-11, 5-11-2021)