(A) There are circumstances in which a general zoning district designation allowing a use by right would not be appropriate for a particular property even though the use itself could, if properly planned, be appropriate for the property consistent with the objectives of this subchapter and adopted land development plan, comprehensive plan, corridor plans, small area plans, and other land use policy documents. The rezoning process established in this section provides for the accommodation of such uses by a reclassification of property into a conditional district, subject to additional conditions which ensure compatibility of the proposed use with the use and enjoyment of neighboring properties. A conditional district allows a particular use or uses to be established only in accordance with specified standards and conditions tailored to each individual development project. This is a voluntary rezoning procedure that is intended for firm development proposals. It is not intended or suited for securing early zoning for tentative proposals that may not be undertaken for some time.
(B) The review and approval process for conditional district petitions involves a legislative hearing and legislative decision by the Board of County Commissioners. The review of conditional district petitions shall be undertaken in accordance with the provisions of this subchapter.
(C) Property may be placed in a conditional district only in response to a petition by the owners of all the property to be included. A petition for a conditional district shall include:
(2) Written supporting documentation that specifies the actual use or uses proposed for the property;
(3) Proposed rules, regulations, and conditions that, in addition to all predetermined requirements of this section, will govern the development and use of the property; and
(4) A statement analyzing the reasonableness of the proposed rezoning.
(D) Conditional districts, as established in § 156.034 parallel general use zoning districts. Only those land uses (including uses by right, special uses, and conditional uses) permitted in a general use zoning district to which a conditional zoning district corresponds shall be allowed. All requirements of any corresponding general use district and all other requirements of this section apply to a conditional district except to the extent that the approved rules, regulations, and conditions included in the petition for rezoning are more restrictive than the general use district requirements.
(E) Review and approval process. The review and approval of a petition for a conditional district shall follow the same process as outlined in this subchapter for a general use rezoning.
(1) In the course of evaluating the proposed use, the Planning Board and/or the Board of County Commissioners may request additional information deemed appropriate to provide a complete analysis of the proposal.
(2) Conditional district decisions are a legislative process subject to judicial review using the same procedures and standard of review applicable to general use district zoning decisions.
(3) Conditional district decisions shall be made in consideration of identified relevant adopted land use plans for the area, including, but not limited to, land development plans, comprehensive plans, strategic plans, district plans, small area plans, corridor plans, and other land development policy documents.
(F) Conditions to approval. Specific conditions applicable to the conditional districts may be proposed by the petitioner or the county or its agencies, but only those conditions mutually approved by the county and the petitioner may be incorporated into the zoning regulations or permit requirements.
(1) 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 to county ordinances and an officially adopted comprehensive or other plan and those that address the impacts reasonably expected to be generated by the development or use of the site.
(2) Any such conditions should relate to the relationship of the proposed use to surrounding property, proposed support facilities such as parking areas and driveways, pedestrian and vehicular circulation systems, screening and buffer areas, the timing of development, street and right-of-way improvements, water and sewer improvements, storm water drainage, the provision of open space, and other matters that the Board of County Commissioners may find appropriate or the petitioner may propose. Such conditions to approval of the petition may include dedication to the county or state, as appropriate, of any rights-of-way or easements for streets, water, sewer, or other public utilities necessary to serve the proposed development.
(3) The petitioner shall have a reasonable opportunity to consider and respond to any such conditions prior to final action by the Board of County Commissioners.
(4) If for any reason any condition for approval is found to be illegal or invalid or if the petitioner should fail to accept any condition following approval, the approval of the site plan for the district shall be null and void and of no effect and proceedings shall be instituted by the County to rezone the property to its previous zoning classification or to another zoning district.
(G) Effect of approval. If a petition for a conditional district is approved, the development and use of the property shall be governed by the predetermined ordinance requirements applicable to the district's classification, the approved site plan or master plan for the district, and any additional approved rules, regulations, and conditions, all of which shall constitute the zoning regulations for the approved district and are binding on the property as an amendment to this section and to the zoning map.
(1) If a petition is approved, only those uses and structures indicated in the approved petition and site plan shall be allowed on the subject property. A change of location of the structures may be authorized pursuant to division (I) below provided that such change in building layout does not result in an increase in the number of structures.
(2) Following the approval of the petition for a conditional district, the subject property shall be identified on the zoning map by the appropriate district designation. A conditional district shall be identified by the same designation as the underlying general district preceded by the letters 'CZ' (for example 'CZ-R10').
(3) No permit shall be issued for any development activity within a conditional district except in accordance with the approved petition and site plan for the district.
(4) Any violation of the approved site plan or any rules, regulations and conditions for the district shall be treated the same as any other violation of this section and shall be subject to the same remedies and penalties as any such violation.
(H) Alterations to approval. Except as provided in division (I) below, changes to an approved petition or to the conditions attached to the approved petition shall be treated the same as amendments to this section or to the zoning map and shall be processed in accordance with the procedures in this section.
(1) The Planning Director shall have the delegated authority to approve an administrative amendment to an approved site plan. The Planning Director shall have no authority to amend the conditions of approval of a petition. The standard for approving or denying such a requested change shall be that the change does not significantly alter the site plan and that the change does not have a significant impact upon abutting properties. Any decision by the Planning Director must be in writing stating the grounds for approval or denial.
(2) The Planning Director, however, shall always have the discretion to decline to exercise the delegated authority either because he is uncertain about approval of the change pursuant to the standard or because a rezoning petition for a public hearing and Board of County Commissioners consideration is deemed appropriate under the circumstances. If the Planning Director declines to exercise this authority, the applicant may file a rezoning petition for a public hearing and Board of County Commissioners decision in accordance with the provisions delineated in this subchapter.
(3) Any request for an administrative amendment shall be pursuant to a written letter, signed by all of the owners of the property, detailing the requested change. Upon request, the applicant shall provide any additional information as deemed necessary by the Planning Director. Upon an approval of an administrative amendment, the applicant shall file a sufficient number of copies of the revised site plan as deemed necessary by the Planning Director.
(4) If the Planning Director denies approval of the requested administrative amendment, the applicant may file a rezoning petition for a public hearing and Board of County Commissioner decision in accordance with the provisions delineated in this subchapter.
(I) Review of approved conditional districts. It is intended that property shall be reclassified to a conditional district only in the event of firm plans to develop the property. Therefore, no sooner than one year (or two years if a vested right has been established in accordance with the provisions of § 156.008) after the date of approval of the petition, the Planning Board may examine the progress made toward developing the property in accordance with the approved petition and any conditions attached to the approval. If the Planning Board determines that progress has not been made in accordance with the approved petition and conditions, the Planning Board shall forward to the Board of County Commissioners a report which may recommend that the property be rezoned to its previous zoning classification or to another zoning district.
(Ord. passed 1-9-2023)