Conditional Zoning (CZ) Districts are districts with conditions voluntarily added by the applicant and approved in a legislative procedure by the Board of Commissioners in accordance with G.S. § 160D-703(b). Conditional Zoning Districts provide for orderly and flexible development under the general policies of this ordinance without the constraints of some of the prescribed standards guiding by-right development. Conditional Zoning Districts may be used in any district but is not intended to relieve hardships that would otherwise be handled using a variance procedure.
7.11.1 APPLICATION PROCEDURES
A. Process Type: Legislative.
B. Applicant and Property Information
1. Conditional District classification shall only be considered upon the request of the owners and/or their representatives of all the property to be included in the specific Conditional Zoning District request.
2. A Conditional Zoning 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. Unified control means that all land to be included within a Conditional Zoning District shall be owned or otherwise under the legal control of the applicant for a Conditional Zoning District.
3. The applicant shall be legally capable of providing a commitment to the town that the Conditional Zoning District development will comply with all documents, plans, standards and conditions ultimately approved by the town.
C. Required Application Information
1. A Conditional Zoning District shall consist of the existing conditions map, a sketch plan (may be waived by the Administrator as appropriate), and master plan; as well as any other plans, drawings, renderings, elevations, maps and documents specifically included as development documents for approval by the Board of Commissioners.
2. A Conditional Zoning District master plan, is a site specific plan that is a condition of the Conditional Zoning District rezoning.
3. In addition to those items required for master plans, a Conditional Zoning District master plan shall, at a minimum, illustrate the following:
a. The underlying zoning districts and a full list of proposed uses consistent in character with those zoning districts. Such use classifications may be selected from any of the uses, whether permitted, by right or with supplemental standards, allowed in the general zoning district upon which the Conditional Zoning District is based. Uses not otherwise permitted within the general zoning district shall not be permitted within the Conditional Zoning District;
b. 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 and 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 proposed development schedule if the project is to be phased.
7.11.2 EXCEPTION FOR CONDITIONAL ZONING DISTRICTS WITH USE LIMITATIONS ONLY
If an applicant proposes a Conditional Zoning District which meets the following criteria, no Conditional Zoning District master plan shall be required in the application:
A. The only proposed deviation in use from the underlying zoning is to impose additional limitations on the uses that will be allowed in the Conditional Zoning District.
B. No other deviations from the standards of the underlying zoning are proposed in the Conditional Zoning District.
7.11.3 REVIEW PROCESS AND PUBLIC HEARING
The procedure for approval of a Conditional Zoning District shall follow the procedure for review of text amendments and rezonings (map amendments) as outlined in Section 7.10
.
A. Effect of Approval
The applicant may proceed with development only after approval of the Conditional Zoning District master plan by the Board of Commissioners, followed by approval of any necessary site or subdivision plans/plats, except that all subsequent approvals shall be completed by the Administrator. The development and use of all land within the Conditional Zoning District shall be in keeping with the approved master plan and all applicable provisions therein.
B. Substantial Changes
Any substantial change to a master plan as noted below shall be reviewed by the Planning Board and approved or denied by the Board of Commissioners as an amended Conditional Zoning District. The following changes to a Conditional Zoning District Master Plan shall require approval by the Board of Commissioners:
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 original approval.
3. A change in land use or development type beyond that permitted by the approved Conditional Zoning District master 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 Conditional Zoning District master plan.
6. When the total floor area of a development is increased more than 10% beyond the total floor area last approved by Board of Commissioners. Changes of less than 10% may be approved by the Administrator.
(Ord. passed 2-14-2017; Ord. 2022-06, passed 7-13-2021; Ord. passed 2-15-2022)