Pursuant to N.C.G.S § 160D-703(b), Conditional Zoning Districts are zoning districts in which the development and the use of the property is subject to predetermined ordinance standards and the rules, regulations, and conditions imposed as part of the legislative decision creating the district and applying it to the particular parcel or parcels.

A conditional zoning district allows particular 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 Town's Land Use Plan and other adopted plans. The review process established in this Article 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.

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 Town, but only those conditions mutually approved by the Town 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 and use of the site to Town ordinances and any officially adopted plans. 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 Town's Land Use Plan, they may apply for a rezoning to the appropriate conditional zoning district, as found in Section 7.1. Development activities are only allowed through specific conditions approved by the Town Board, but shall be consistent with the established permitted uses of the corresponding general use zoning district. Those uses permitted and conditions approved by the Town Board shall be reflected on the Conditional Zoning District Supplement issued by the Zoning Administrator. The petitioner shall meet all of the requirements of the corresponding general use zoning district. If the petitioner elects to petition for conditional district zoning, the petition must specify the following:

(1)

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;

(2)

Actual use or uses shall be specified permitted or conditions in the corresponding general use zoning district, found in Article 7, "Table of Permitted Uses", of this Ordinance; and

(3)

If the petitioner petitions for two (2) or more conditional zoning districts, the petitioner shall submit a separate petition for each district.

In addition, the petition shall be accompanied by a site-specific development plan as required by Section 8.6 of this Article. In the event of an approval, the site plan shall be binding as to the location and extent of all proposed development activities on the parcel.

Any petition to amend district boundaries to create conditional zoning shall comply with procedures and provisions for general use district amendments set out in this Ordinance, especially Article 4 of this Ordinance.

A landowner petitioning to rezone land to a conditional zoning may propose conditions to be placed on the property should a rezoning to conditional zoning be approved by the Town Board. The petition shall specify any proposed conditions on the petition and the site-specific development plan as required. These conditions shall be in addition to the limitation on uses as provided in Section 8.2 above.

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 (1) or more specified uses. They might also propose to limit the number, size, and location of structures, 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.

The Town Board may require 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 general public. These conditions once approved will have written consent by the landowner to ensure enforceability.

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

Conditional zoning decisions are a legislative process subject to the same procedures and standards of review as apply to general use district zoning decisions. In considering any petition for conditional zoning, the Planning Board and the Town Board shall act in accordance with the provisions of Section 4, "Changes and Amendments". In addition to the provisions of Section 4, the Planning Board and the Town Board shall act in a manner consistent with Sections 8.5(A) and 8.5(B), found below.

(A)

Planning Board Action. Following the review of the petition during a public meeting, the Planning Board shall take one of the following actions:

(1)

Recommend Approval. Recommend approval of the petition to the Town Board as submitted; or

(2)

Recommend Approval with Conditions. Recommend approval of the petition to the Town Board 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 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 insure public health, safety, and general welfare; or

(3)

Recommend Denial. Recommend denial to the Town Board of the petition, with reasons stated.

(B)

Town Board Action. After receiving the Planning Board's recommendation and reviewing the petition the Town Board shall take one of the following actions:

(1)

Approve. Approve the petition as submitted; or

(2)

Approve with Conditions. Approve the petition with the petitioner's proposed conditions and additional reasonable conditions as agreed upon by the Planning Board. The Town Board may impose such additional reasonable and appropriate safeguards upon such petition as it may deem necessary in order that the purpose and intent of this Ordinance is served and the health, safety, and general welfare of the surrounding community and the general public is protected. The Town Board may amend or delete those conditions agreed upon by the Planning Board and the petitioner. The Town Board may consider the following types of conditions:

(a)

Reduction or limitation in the uses requested;

(b)

Location and extent of 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 insure public health, safety, and general welfare; or

(3)

Deny. Deny the petition, with reasons stated.

Following the approval of a petition, the Town Board 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.

The petitioner shall submit a final version of the site-specific development plan to the Zoning Administrator at least 30 days before the next scheduled Planning Board meeting with ten copies. This will give the Zoning Administrator the ability to review the plan for compliance with the requirements set forth in this Article as well as the entire Ordinance. The site-specific development shall show at least the following:

(a)

The shape and dimensions of the lot on which the proposed building(s) is to be erected along with North reference and graphic scale;

(b)

Vicinity map and township;

(c)

Tax parcel identification number and total acreage;

(d)

Owner's name, address, and telephone number, adjoining properties and owners, as well as the location of structures on adjoining properties;

(e)

The location of said lot with respect to adjacent rights-of-way;

(f)

The shape, dimensions, height, and location of all buildings, out buildings, loading areas, places of assembly, outdoor display areas, storage areas (indoors and outdoors) and other facilities associated with the use; existing and proposed, and required setbacks;

(g)

Topography of the site (contour line intervals no greater than 20-feet), natural features (streams, lakes, ponds, rocky outcrops, wooded areas, marshes, flood plains, and any other site of interest), historic sites, and cemeteries;

(h)

The nature of the proposed use of the building or land, including the extent and location of the use;

(i)

Location and dimensions of outdoor activity areas including outdoor storage, location and type of outdoor lighting;

(j)

The location and dimensions of off-street parking and loading space and the means of ingress and egress;

(k)

The square feet and percentage of lot as built upon area if the lot is located in a Watershed;

(l)

The location and type of all required buffers;

(m)

Approval of required Driveway Permits from NCDOT;

(n)

The petitioner's proposed conditions stated on the plan and their physical locations (if applicable) drawn on the plan; and

(o)

Any other information, which the Zoning Administrator may deem necessary for consideration in enforcing all provisions of this Ordinance.

If the petition for rezoning to a conditional zoning district is approved, the site specific 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.

In the event a petition to a conditional zoning district is approved no zoning permit shall be issued prior to the completion of a Conditional Zoning District Supplement by the Zoning Administrator. The Supplement shall incorporate and reflect the site-specific development plan, which will convey the nature of development, list the approved uses for the conditional zoning district, and the required conditions imposed by the petitioner and the Town Board. This information shall be found on the submitted and/or revised petition approved by the Town Board. As always, no building permit, or other governmental entitlement for the use, development, or division of land shall be issued or permitted without the issuance of a Zoning Permit.

(A)

If a petition for conditional zoning is approved, the development and use of the parcel or parcels shall be governed by the predetermined ordinance requirements applicable to the district's category, the approved site 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 these regulations and to the zoning maps.

(B)

If a petition is approved, the petitioner shall comply with all requirements established in Article 2, "Administration", for obtaining a building permit and certificate of occupancy. Only those uses and structures indicated in the approved petition and site plan shall be allowed on the subject parcel or parcels.

(C)

Following the approval of the petition for conditional zoning, the subject property shall be identified on the zoning maps by the appropriate district designation. A corresponding conditional zoning district shall be identified by the same designation as the underlying general use district followed by the letter "CZ" (ex. R-A-CZ). If the Town uses a color scheme identifying zoning districts on the official Zoning Map, then the conditional zoning shall use the same color as the corresponding general use district.

(A)

Purpose. The purpose of the Planned Residential Conditional District (PR-CD) is to encourage the development of environments which provide certain development privileges in exchange for preplanning and design considerations. The PR-CD provides an alternative to conventional subdivision design by promoting the conservation and creation of viable, connected open space and more flexible lot design options while minimizing development costs. The Planned Residential Conditional District (PR-CD) provides flexibility in utilizing new development concepts, including the incorporation of a limited amount of non-residential uses. In return for development flexibility, additional site plan information and development conditions may be required of the developer to assist in evaluating the suitability of a proposed PR-CD. While maximum open space preservation and high-quality residential development is the primary goal of PR-CDs, open space within PR-CDs must balance the need for open space preservation with an increased need for integration with surrounding developments through street connectivity and compatibility with adjacent and internal land uses.

(B)

Minimum Size. A PR-CD shall be located on a site containing at least five (5) contiguous acres.

(C)

Pre-Application Conference Required. Prior to the formal submission of a proposed PR-CD, the petitioner or their representative shall attend a pre-application conference with the Town's planning staff concerning the proposed development of the site. The petitioner shall be required to produce a scaled sketch site plan showing the existing cultural, historic, and physical features of the site for review by the planning staff as well as conditions the developer proposes to incorporate into the development. Staff may ask for additional information such as the location of prime agricultural soils, historical structures, archeological/cultural elements, the depth of viewshed as seen from existing public rights-of-way, the location of "unique" features on the site, and the location and general specifications of any existing and proposed water/sewer infrastructure.

The Town's Planning Staff in consultation with other departments shall comment on the site plan within 15 days. The official plan of the PR-CD shall be submitted for review by the Planning and Zoning Board and the Board of Commissioners only after the completion of the pre-application conference and the written response.

(D)

Permitted Principal Uses. PR-CDs do not have any inherent permitted uses and development activities are only allowed through specific conditions approved by the Board of Commissioners; however PR-CDs are primarily intended for single-family developments. A maximum of ten percent (10%) of the total land of the development may be utilized for non-residential uses. The compatibility and appropriateness of any non-residential uses proposed shall be carefully considered. Those uses permitted and conditions approved by the Board of Commissioners shall be reflected on the Conditional Zoning District Supplement issued by the Zoning Enforcement Officer.

(E)

Relationship to Other Applicable Regulations. A PR-CD shall be subject to all applicable standards, procedures, and regulations of this Ordinance unless otherwise set forth in this section.

(F)

Maximum Density. Maximum residential density shall be calculated based on the existing zoning district the proposed PR-CD is located in. All land proposed for non-residential development shall be excluded from density calculations. If all of the PR-CD or a portion of the PR-CD is unable to be served by public water and sewer, minimum lot sizes and maximum density shall be determined in consultation with the Surry County Health Department.

(G)

Development Standards. A PR-CD shall meet the following standards:

(1)

Outside Perimeter Lot Setback Requirements. Any lot which adjoins the outside boundary of the PR-CD shall be considered an outside perimeter lot. Internal street refers to a street that is within the boundary of the PR-CD. Adjoining street is a street which is not located within the PR-CD but is adjacent to the outside boundary of the PR-CD. The following setbacks shall be required for outside perimeter lots:

(a)

Lots with Access on an Internal Street. Rear yard setback requirement of the existing zoning district in which the PR-CD is proposed shall be required.

(b)

Lots with Access on an Adjoining Street. Front yard setback requirements of the existing zoning district in which the PR-CD is proposed shall be required.

(c)

Corner Lots with Access Either on an Internal or Adjoining Street. Front yard setback requirements of the existing zoning district in which the PR-CD is proposed shall be required on the adjoining street and the front yard setback requirements allowed in the PR-CD shall be permitted on the internal street.

(d)

Access Drives. No loading space, parking space, or access drive to a parking space shall be permitted within any required bufferyard.

(2)

Required Parking.

(a)

Off-Street Parking. Off-street parking shall be provided in compliance with this Ordinance, except that the parking requirements may be met through group parking located on commonly owned land. Additionally, any required parking spaces located between the fronts of residential buildings and public rights-of-way or private access easements shall be at least 20 feet in depth and shown on the PR-CD site plan. In no instances shall off-street parking spaces extend into public rights-of-way or private access easements. All off-street parking shall be on an improved surface constructed of concrete or asphalt.

(b)

Special Accommodations. Special accommodations for recreational vehicles, including boats, may be provided in group parking areas. Such special parking areas shall be designated and screened from adjacent residential uses.

(3)

Private Streets. Private streets are permitted in PR-CDs at the discretion of the Board of Commissioners. Where permitted, private streets shall be built in accordance with the requirements of the North Carolina Department of Transportation, Division of Highways, Minimum Construction Standards for Subdivision Roads or Traditional Neighborhood Development (TND) Guidelines, August 2000, as amended, shall serve as minimum guidelines for design. However, public streets may be required to ensure adequate street connectivity.

(H)

Pedestrian Access. Pedestrian and other modes of nonvehicular movement shall be provided in accordance with Town of Dobson Subdivision Ordinance requirements.

(I)

Lot Dimensional Requirements and Spacing of Structures. Lot and setback dimensional requirements for individual lots within a PR-CD are flexible except for a minimum ten (10) foot building setback from public rights-of-way and private access easements. Minimum distances between single-family, duplex, and twin home structures shall be as follows:

(1)

Front or Rear Facing Front. The minimum distance between the front wall of one structure and the rear wall of another structure, or the front walls of structures oriented so as to face each other, shall be not less than 30 feet from one another.

(2)

Rear Facing Rear. Dwellings oriented back to back shall be subject to the following provisions:

(a)

The minimum distance between rear walls of the dwellings shall be no less than 30 feet.

(b)

Accessory structures shall only be permitted in the intervening space between principal dwellings oriented back to back or to the rear yard of the principal dwelling provided the accessory structures meet the provisions of an accessory uses.

(3)

Front Facing Side. The minimum distance between the front wall of the structure and the side wall of another structure shall not be less than 14 feet.

(4)

Side or Rear Facing Side. The minimum distance between the rear of a structure and side of another structure, or the minimum distance between the side walls of structures, shall not be less than ten (10) feet provided that no bay window encroachments are allowed for buildings closer than 14 feet.

(5)

Front Loaded Garages. All front-loaded garages shall be set back no less than 20 feet from public rights-of-way or private access easements.

(6)

Minimum Perimeter Lot Size. Perimeter lots within PR-CDs which are adjacent to existing single-family zoning districts shall meet the minimum lot area and dimensional requirements of the underlying zoning district. Where perimeter lots in PR-CDs do not meet the minimum lot area and dimensional requirements of the surrounding zoning district, a minimum 30 foot bufferyard is required between these lots and the adjacent single family zoning district. The bufferyard shall contain a minimum of four (4) canopy trees, ten (10) understory trees, and 33 shrubs per 100 linear feet. The planting material comprising the buffer shall be spread across the width of buffer and not just planted in rows. The intent of this section is to soften the appearance of the development and not necessarily screen it from view. Shrubs shall be expected to reach a minimum height of 36 inches, and a minimum spread of 30 inches within three (3) years of planting. Understory trees shall be a minimum of four (4) feet high with a minimum caliper of one (1) inch, measured six inches above grade when planted. Canopy trees shall be a minimum of eight (8) feet in height and two (2) inches in caliper, measured six inches above grade, when planted. When mature, a canopy tree should be at least 40 feet high and have a crown width of 30 feet or greater. A minimum of 25% of the understory trees and 75% of the shrubs shall be evergreens. The preservation of existing stands of trees and shrubs is strongly encouraged and can be credited toward meeting this requirement if sufficiently demonstrated on the site plan and accompanied by pictures. This bufferyard shall be located on commonly owned land and shall be considered open space. Where any individual lot in the PR-CD does not meet the dimensional and area requirements of the underlying zoning district and abuts existing single-family zoning, the aforementioned bufferyard shall be required along the entire length of the PR-CD that abuts the existing development.

(J)

Common Open Space.

(1)

Area. Common open space shall not be less than 25% of the total development area. The overall density of the PR-CD shall not exceed the density permitted within the existing zoning district in which the PR-CD is proposed. Open space shall be held in common ownership by a homeowners association or accepted by the Town as public open space.

(2)

Land within a floodway or floodway fringe, as defined by FEMA, may be used to provide not more than 50% of the required open space.

(3)

To qualify as open space, land shall be usable for recreation purposes or shall provide visual, aesthetic, or environmental amenities and may not be occupied by streets, drives, parking areas, or structures other than recreational structures. At least 30% of the gross area (unless otherwise allowed by the Board of Commissioners) dedicated (for open space) must be suitable for and designed to be used as active recreation space (for example, walking trails, ball fields, playgrounds, and the like).

(4)

Letter of Credit for Maintenance of Open Space Required. Following inspection and approval of the construction and/or installation of all required recreational areas in each phase of the development, the developer shall submit a letter of credit issued in the Town's favor, for 100% of the annual maintenance cost of these facilities as agreed upon and approved by the Town Manager and/or Zoning Enforcement Officer. Such letter of credit shall be renewed every 12 months until such time as the developer ceases to have the controlling vote in the homeowner's association, as recorded in the articles of incorporation of the homeowner's association, and the Town has received written notice thereof along with a copy of the names, addresses, and phone numbers of all duly elected members of the homeowner's association Board of directors.

(5)

Access to Open Space. All property owners within the development shall have access to open space by means of a public street or improved walkway located in an easement at least 15 feet in width.

(6)

Open Space Connectivity Requirements. Where practicable, areas of open space within a PR-CD shall be connected. Separate areas of active open space on site shall be connected by a sidewalk or pedestrian path consisting of an all weather surface. Open space in PR-CDs shall adjoin open space in neighboring parcels where practicable. If public parks or greenways are present on adjacent sites, a pedestrian connection to these resources shall be made from the PR-CD.

(7)

Maintenance of Open Space. Maintenance of the open space, as shown on the approved plan, shall be required in perpetuity and shall be the responsibility of the homeowner's association.

(8)

Alternative Compliance. Alternative compliance measures may be proposed which vary from the strict application of the above requirements in order to accommodate the unique character of the site or to utilize innovative design. Alternative compliance may be granted by the Board of Commissioners upon a finding that the proposed alternative fulfills the intent of the Ordinance as well as or better than would strict compliance with the requirements of this Ordinance.

(K)

Front Yard Canopy Trees Required. The front yard of each lot shall contain at least two (2) trees, suitable for healthy growth in our climate. Each tree shall have a minimum caliper of one and one-half (1½) inches measured at a height of six inches above grade.

(L)

Architectural Standards for Residential Dwellings. In order to improve and maintain the quality of Dobson's residential neighborhoods and protect the investments of residents and promote the interests of the community as a whole as outlined in the Town's adopted Land Use Plan, the developer shall submit a list of minimum architectural standards to be incorporated throughout the PR-CD to the Town's Planning Staff during the pre-application conference. Standards submitted are encouraged to address the following issues: roof pitch, building materials, foundation type and facing materials, fences (front and rear), pools, accessory buildings, porches, decks, articulation, garages, and number and frequency of dwelling design.

(M)

Platting Requirements. All PR-CDs shall meet the requirements of the Town of Dobson Subdivision Ordinance. In addition, prior to a permit being issued for the construction of any building, there shall have been recorded in the office of the Surry County Register of Deeds, a plat of the property or section thereof, showing: easement and right-of-way widths, street widths, the actual or approximate location of single-family lots, commonly owned tracts, and lots and buildings to be occupied by other uses.