This section applies to petitions for a conditional zoning districts including Planned Residential Conditional District (PR-CD) or PD. Conditional zoning district decisions are a legislative process subject to the same procedures and standards of review as apply to general use district zoning decisions as required by this subchapter, with the additional requirements of this section.
(A) Initiation of request.
(1) Property may be placed in a conditional district only in response to a petition by the owners of all the property to be included. Specific conditions applicable to these districts may be proposed by the petitioner or the county, but only those conditions mutually approved by the county and the petitioner may be incorporated into approval and permit requirements. Conditions and site-specific standards imposed in a conditional district shall be limited to those that address the conformance of the development, use of the site to county ordinances and any officially adopted plans, and compatibility with neighboring properties. A statement analyzing the reasonableness of the proposed rezoning shall be prepared for each petition to a conditional district. If the petitioner believes that development of their property in a specific manner will lessen the adverse effects upon surrounding properties or otherwise make the rezoning more in accordance with development principles found in the Surry County Land Use Plan, they may apply for a rezoning to the appropriate conditional zoning district, as found in §§ 154.006. Conditional zoning districts do not have any inherent permitted or conditional uses; development activities are only allowed through specific conditions approved by the Board of Commissioners. Those uses permitted and conditions approved by the Board of Commissioners shall be reflected on the conditional zoning district supplement issued by the Zoning Administrator. Proposed development activities shall be consistent with the established permitted and conditional uses of the corresponding general use zoning district. The petitioner shall meet all the requirements of the corresponding general use zoning district.
(2) Petition to include site-specific development plan. The purpose of a site-specific development plan for conditional zoning is to illustrate the uses and layout of the site, as well as other aspects of a proposal describing with reasonable certainty the type and intensity of use for a specific parcel or parcels of property pursuant to G.S. § 160D-108.1. An approved site-specific development plan submitted as part of a conditional zoning request will become a part of the approval for the district and will run with the land.
(3) Petitions for conditional zoning districts must be submitted at least 21 days before the next regularly scheduled Planning Board meeting and shall include one or more of the following:
(b) The actual use or uses intended for the entire tract or any part or parts thereof, for the parcel or parcels specified in the petition. The uses specified must be selected from among those allowed in the corresponding general use zoning district.
(c) If desired, any written conditions beyond the requirements of the corresponding general use zoning district which further limit how the property may be developed, such as additional setbacks, buffers, landscaping, building height, building materials, roof type, ingress, or egress points.
(4) In addition, if the district does not otherwise require it, the petitioner may elect to request vested rights as referenced in § 154.005-06. In the event of an approval, the site-specific development plan shall be binding as to the location and extent of all proposed development activities on the parcel.
(B) Planning Board review of conditional zoning petitions. Following the review and consideration of the petition for conditional zoning during a public hearing according to the provisions of this subchapter, the Planning Board shall take one of the following actions in making its recommendation:
(1) Recommend approval. Recommend approval of the petition to the Board of Commissioners as submitted; or
(2) Recommend approval with conditions. Recommend approval of the petition to the Board of Commissioners with the petitioner's proposed conditions and additional reasonable conditions agreed upon by the Board that promote the health, safety and general welfare of the surrounding community and the general public. The Planning Board may consider the following types of conditions:
(a) Reduction or limitation in the uses requested;
(b) Location and extent of proposed buildings supporting facilities such as parking lots, driveways, and access streets;
(c) Preservation of unique natural or constructed features, including retention of existing vegetation; and
(d) Other reasonable requirements to ensure public health, safety and general welfare.
(3) Recommend denial. Recommend denial to the Board of Commissioners of the petition.
(4) The Planning Board shall make a determination of consistency and statement of reasonableness according to this subchapter. The statement shall include the conditions proposed by the petitioner as well as conditions recommended by the Planning Board.
(C) Board of Commissioners review of conditional zoning petitions. After receiving the Planning Board's recommendation and reviewing the petition for conditional zoning the Board of Commissioners shall conduct a hearing according to the provisions of this subchapter. Following the hearing, the Board of Commissioners shall take one of the following actions:
(1) Approve. Approve the petition as submitted.
(2) Approve with conditions. Approve the petition with the proposed conditions and additional reasonable conditions as agreed upon in writing by both the Board and the petitioner. The Board of Commissioners may, with mutual agreement of the petitioner, impose such additional reasonable and appropriate safeguards upon such petition as it may deem necessary in order that the purpose and intent of this chapter is served and the health, safety and general welfare of the surrounding community and the public is protected. The Board of Commissioners may amend or delete those conditions recommended by the Planning Board. The Board of Commissioners may consider the following types of revisions to conditions or the site plan:
(a) Reduction or limitation in the uses requested;
(b) Location and extent of supporting facilities such as buildings, parking lots, driveways, and access streets;
(c) Preservation of unique natural or constructed features, including retention of existing vegetation; and
(d) Other reasonable requirements to ensure public health, safety, and general welfare. Specific conditions may be proposed by the petitioner county agencies or the Planning Board, but only those conditions approved by the Board of Commissioners and consented to by the petitioner in writing may be incorporated into the zoning regulations.
(3) Deny. Deny the petition, with reasons stated.
(4) The Board of Commissioners shall approve a determination of consistency and statement of reasonableness according to this subchapter. The statement shall include all conditions agreed upon by the petitioner. Following the approval of a petition, the Board of Commissioners shall order the Zoning Administrator to issue a conditional zoning district supplement that shall reflect the approved petition describing the nature of development approved for the parcel or parcels in question.
(D) Effect of approval. If the petition for rezoning to a conditional zoning district is approved, the conditions submitted by the applicant and approved by the Board of Commissioners and the development plan shall be binding as a part of the approval. All development activities in the conditional zoning district shall be consistent with the approved plan.
(E) Site plan required. A major site plan meeting the requirements of §§ 154.012 and consistent with the approved development plan shall be reviewed and approved prior to the issuance of any building permits.
(Ord. passed 4-17-2023)