(A) Purpose.
(1) Pursuant to G.S. § 160D-703(b), conditional zoning districts are zoning districts in which the development and the use of the property is subject to specific conditions proposed by the petitioner or the county, but only those conditions mutually approved by both the petitioner and the Board of Commissioners may be incorporated into the zoning regulations. Conditions and site-specific standards imposed in a conditional zoning district shall be limited to those that address the conformance of the development and use of the site to county ordinances, adopted plans, or the impacts reasonably expected to be generated by the development or use of the site. Conditional zoning is considered as a legislative decision creating the district and applying it to the parcel or parcels.
(2) Each conditional zoning district corresponds to each of the general districts authorized in this chapter and listed in § 154.006-11. It is recognized that certain types of zoning districts would be inappropriate at locations in the absence of special conditions. Conditional zoning districts are a means by which special conditions can be imposed in the furtherance of the purpose of this chapter. Conditional zoning districts are intended to support firm plans for development. As a result, the conditional zoning district classification will be considered for rezoning only upon request of a property owner with the presentation of one or more of the following: limitations on allowed uses from those normally permitted in the requested zoning district; written conditions limiting how the property or buildings proposed are developed; and a major site plan.
(3) Within a conditional zoning district, only those uses authorized as permitted or special uses in the zoning district with which the district corresponds shall be permitted, and all other requirements of the corresponding district shall be met as minimum standards unless the County Commissioners explicitly approve conditions reducing minimum standards. Additional limitations on use and other requirements may be added as conditions as agreed to mutually by the petitioner and by the County Commissioners.
(B) Standards and conditions. A conditional zoning district allows uses to be established only in accordance with specific standards and conditions pertaining to each individual development project. Some land uses are of such a nature and scale that they have significant impacts on both the immediate area and on the entire community, which cannot be predetermined and controlled by the standards of a general use district. In addition, this process will ensure compatibility with the land use plan and other adopted district plans, corridor plans and area plans. The review process established in §§ 154.009 provides for a specific review process subject to specific conditions which mitigate concerns with the proposed development and ensure compatibility of the use with the surrounding community.
(C) Compliance with general use district provisions. Any petition to amend district boundaries to create a conditional zoning shall comply with procedures and provisions for general use district amendments set out in this chapter especially §§ 154.009.
(D) Conditions on development activities.
(1) A landowner petitioning to rezone land to a conditional zoning district may propose conditions to be placed on the property should a rezoning to a conditional zoning district be approved by the Board of Commissioners. The petition shall specify any proposed conditions on the petition and the development plan, if included. These conditions shall be in addition to the limitation on uses as provided in this subchapter.
(2) Any proposed conditions shall impose requirements that are more restrictive than those generally applicable in the corresponding general use district. For example, conditions might propose to limit the number of permitted uses to one or more specified uses. They might also propose to limit the number, size, location, and design of structures, exterior building materials, the location and extent of supporting facilities, the location and extent of special purpose areas, the location and extent of parking areas and ingress/egress points, location and extent of buffer areas, the hours of business operation or the timing of development.
(3) The Board of Commissioners may request conditions, in addition to those self-imposed by the petitioner, if the conditions directly relate to the protection of the health, safety and general welfare of the surrounding community and the public. Only those conditions approved by the Board of Commissioners and consented to by the petitioner in writing may be incorporated into the zoning regulations.
(4) No condition, however, may restrict the race, religion, ownership status or character of district occupants, or contain any other exclusionary restrictions. Nor may any condition purport to abridge or affect any other applicable federal, state or local law.
(Ord. passed 4-17-2023)