Circumstances often arise when a general zoning district designation would not be appropriate for a certain property, but a specific use permitted under the district would be consistent with the objectives of this chapter. In order to accommodate this unusual situation, this chapter establishes the conditional zoning districts process. The conditional zoning districts process is established to address those situations when a particular use may be acceptable but the general classification which would allow that use would not be acceptable. It allows the city council to approve a proposal for a specific use with reasonable conditions to ensure the compatibility of the use with surrounding properties. Any use permitted under this process must also conform to the development regulations for the corresponding general zoning district. This is a voluntary procedure which is intended for firm development proposals. It is not intended or suited for securing early zoning for tentative proposals which may not be undertaken for some time.

(Ord. No. 1155, 10-2-89; Ord. No. 2021.06.02 , 6-9-21)

(a)

Petitions to establish a conditional zoning districts will be processed in accordance with the provisions of article XX for zoning amendments as well as with this chapter. A conditional zoning districts classification will be considered only if the application is made by all of the owners of the property covered by the petition. The petition must specify the use or uses and may specify other development regulations authorized by laws which are intended for the property covered by the petition.

(b)

When dealing with the conditional zoning districts process, it may be desirable to request additional information in order to evaluate a proposed use and its relationship to the surrounding area. Therefore, the planning board or city council may request additional information as deemed necessary. This information may include, but is not limited to, the items listed below:

(1)

Proposed screening, including walls, fences or planting areas, as well as treatment of any existing natural features.

(2)

Delineation of areas within the regulatory floodplain as shown on the official flood hazard boundary maps for Lumberton.

(3)

Existing and proposed topography at appropriate contour intervals.

(4)

Generalized information on the number, height, size and location of structures.

(5)

Proposed number and location of signs.

(6)

Proposed phasing, if any, and approximate completion time of the project.

(Ord. No. 1155, 10-2-89; Ord. No. 2021.06.02 , 6-9-21)

(a)

In considering an application for the establishment of a conditional zoning districts, the city council may attach reasonable and appropriate conditions to the location, nature and extent of the proposed use. Any 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 and other matters that the council may find appropriate or the petitioner may propose. In the review and approval of a conditional zoning districts, emphasis will be given to an evaluation of the characteristics of the specific use proposed in relationship to the surrounding properties.

(b)

If a petition for a conditional zoning districts is approved, the city council will issue a parallel special use permit authorizing the use in accordance with the provisions of division 1 of article IV.

(Ord. No. 1155, 10-2-89; Ord. No. 2021.06.02 , 6-9-21)

If an application is approved, the conditional zoning districts that is established and all conditions which may have been attached to the approval are binding on the property. All subsequent development and use of the property must be in accordance with the approved plan and conditions. The intent of this type of zoning is to provide an alternative procedure for specific proposals. It is intended that all property be zoned only in accordance with firm plans to develop. Therefore, three years from the date of approval, the planning board will examine the progress made to develop in accordance with approved plans to determine if active efforts are proceeding. If it is determined by the planning board that active efforts to comply with the approved plans are not proceeding, a report will be forwarded to the city council which may recommend that action be initiated to remove the conditional zoning districts in accordance with the amendment procedures outlined in article XX.

(Ord. No. 1155, 10-2-89; Ord. No. 2021.06.02 , 6-9-21)

Changes to approved plans and conditions of development will be treated the same as changes to the zoning map and will be processed as an amendment as provided for in article XX. However, minor changes in the detail of the approved plan which will not alter the basic relationship of the proposed development to adjacent property, will not alter the uses permitted or increase the density or intensity of development and will not decrease the off-street parking ratio or reduce the yards provided at the boundary of the site which may be approved by the land use administrator without going through the amendment process. Any appeal to the decision of the land use administrator shall be to the city council for review and decision as to whether an amendment to the special use district will be required.

(Ord. No. 2021.06.02 , 6-9-21)

Editor's note— Ord. No. 2021.06.02 , adopted June 9, 2021, amended § 35-334 in its entirety to read as herein set out. Former § 35-334, pertained to alterations to an approved parallel conditional use district, and derived from Ord. No. 1155, adopted Oct. 2, 1989.