4.4.1 General procedure. Zoning map amendment applications for an amendment to a conditional zoning district as described in Article 7.1.2 are processed, considered, and voted upon in accordance with the procedures of Article 4.3 (Zoning map amendment-all zoning districts) except as otherwise expressly stated in this Article.
4.4.2. Pre-application conference.
A. All applicants seeking a zoning map amendment to a conditional district shall schedule a pre-application conference with the UDO Administrator. The UDO Administrator shall review the preliminary concept plan (prepared in accordance with the requirements of Article 4.4.5) for completeness and consistency with the purpose and intent of the conditional zoning district requirements.
B. Following the pre-application conference, the UDO Administrator shall notify the applicant of any modification to the concept plan that may be required. The applicant will then prepare the final concept plan for submission to the Planning Board.
4.4.3 Neighborhood meeting. It is recommended that all applicants seeking approval of (1) a PD/PUD or MR-CD, or (2) a modification, including expansion, to an existing PD/PUD or MR-CD hold a neighborhood meeting in accordance with Article 4.3.4 (Neighborhood Meeting). An application to create or modify a CZ-CD shall require a neighborhood meeting.
4.4.4 Application requirements. The conditional rezoning application consists of the following materials:
A. A conditional district zoning map amendment application prepared in accordance with Article 4.1.3.
B. The concept plan approved by the UDO Administrator for submission. This concept plan consists of a map-based presentation of proposed zoning conditions attached to the conditional district zoning map amendment application.
4.4.5 Concept plan. For the purpose of establishing conditions to be included with the conditional zoning map amendment, applications for a zoning map amendment to a conditional zoning district must be accompanied by a concept plan for the entire property proposed to be included in the district. At a minimum, the concept plan must include the elements listed below. Additional details may be added to the concept plan.
A. The location and size of the area involved;
B. The current zoning of the surrounding properties;
C. Location of existing waterways and other riparian areas, and other significant environmental features;
D. General layout of transportation routes including streets, pedestrian ways, and off- street parking and loading areas;
E. Estimated population density and extent of activities to be allocated to parts of the project;
F. Reservations for public use including schools, parks, and other open spaces;
G. The general means of the disposition of sanitary wastes and stormwater;
H. A graphical indication of areas and a tabulation of these land areas to be devoted to various uses and overall densities.
I. If a project is to be developed in phases, a general breakdown showing the various phases and the estimated schedule of construction.
4.4.6 Approval process and guidelines.
A. The concept plan. The UDO Administrator shall review the concept plan for consistency with the standards of Article 12 (Subdivision Standards) and other applicable standards in this ordinance. The UDO Administrator may consult with the Technical Review Committee or other consultants. Upon finding such consistency, the UDO Administrator shall approve the concept plan for submission to the Planning Board in combination with an application for a zoning map amendment.
4.4.7 Conditions.
A. Conditions may specify the location on the property of proposed uses; the number of dwelling units; the location and extent of supporting facilities such as parking lots, driveways, and access streets; design elements of the proposed use; the location and extent of buffer areas and other special purpose areas; the timing of development; the location and extent of rights-of-way and other areas to be dedicated for public purposes; the widening of streets to mitigate traffic impacts; and other such matters as the applicant may propose as conditions upon the request.
B. Any conditions imposed in association with a conditional district and so authorized are perpetually binding upon the property included within the conditional district unless subsequently changed or amended as provided for in this Article or future modifications thereof.
C. Specific conditions may be proposed by the petitioner or the town or its agencies, but only those conditions approved by the town and consented to by the petitioner in writing may be incorporated into the zoning regulations. 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 authorized by otherwise applicable law, including, without limitation, taxes, impact fees, building design elements within the scope of G.S.§ 160D-702(b), driveway-related improvements in excess of those allowed in G.S. § 136-18(29) and G.S. § 160A-307, or other unauthorized limitations on the development or use of land. Conditions and site-specific standards imposed in a conditional district shall be limited to those that address the conformance of the development and use of the site in accordance with this ordinance, plans adopted pursuant to G.S. § 160D-501, or the impacts reasonably expected to be generated by the development or use of the site.
4.4.8 Procedure. The procedure for a zoning map amendment to a conditional zoning district shall be the same as set forth in Article 4.3 (Zoning map amendments-all zoning districts) in that notice and public hearings shall be in accordance with Article 4.1.4, Public Notice Requirements. Action by the Planning Board shall be in accordance with Article 4.3.8. Action by the Town Council is a legislative decision procedure in a public hearing in accordance with Article 4.3.9, including required statements of consistency and reasonableness.
4.4.9 Effect of approval. Approval of a zoning map amendment application and accompanying conceptual plan has the effect of establishing the maximum density/intensity, maximum height and general location of buildings and uses of each tract, or area shown on the conceptual plan.
4.4.10 Amendments and modifications. Minor modifications, such as reducing density, increasing open space, adding buffers, and the like, may be approved by the Planning Board. Any major proposed change from what is shown on the approved concept plan shall require an amendment of the conditional zoning district following the same procedure as that required for the original approval of the district.
4.4.11 Conditional district-site plans and permits. The concept plan approvals establish the basic zoning requirements of the district. A master development plan (MDP) and subsequent site plans for the development in the conditional district must be submitted for review and approval in accordance with the site plan approval procedure of Article 4.7 of this ordinance to enable site development and subdivision of land and construction. See Article 4.1.3 for MDP requirements.
(Ord. passed 2-3-2021; Ord. 2023-03, passed 3-1-2023)