The Town of Maggie Valley Board of Aldermen may establish zoning districts by means of conditional zoning in accordance with G.S. 160D-703. Conditional Zoning Districts provide for those situations where a particular use, properly planned, may be appropriate for rezoning a particular site. Conditional zoning provides for flexibility in the development of property while ensuring that the development is compatible with neighboring uses. Conditional zoning affords a degree of certainty in land use decisions often not possible when rezoning to a general, or primary, district. Conditional Zoning Districts are established on an individualized basis, only in response to an application by the owners of all the property to be included. If an applicant believes that the development of the property in a specific manner will lessen adverse effects upon surrounding properties or otherwise make the rezoning more in accordance with the Town's comprehensive plan, they shall apply for rezoning to the appropriate Conditional Zoning District and then may specify the nature of the proposed development. Otherwise, any applicant requesting the rezoning of property to any district other than a Conditional Zoning District (referred to as CZ) shall be prohibited from offering any testimony or evidence concerning the specific manner in which they intend to use or develop the property.

A Conditional Zoning District bearing the designation CZ shall correspond to each of the other primary Zoning Districts authorized by this Ordinance. Conditional Zoning Districts shall be “parallel” to general districts. Uses allowed in the corresponding general district shall be permitted in CZ districts, provided that they meet all additional conditions associated with the Conditional Zoning District. Where more than 1 principal building or use is proposed to be constructed on a single lot, or any building with a gross floor area of 5,000 square feet or more, any multi-family residential complex of 5 or more units, or any parcel 10 acres or greater in size shall be required to apply for a Conditional Zoning District.

1. Application. Rezoning to a Conditional Zoning District shall only be considered upon written request or written consent of all the owners of the property being rezoned.
2. Minimum Standards. With a Conditional Zoning District, all standards and requirements of the corresponding general zoning district shall be met, except to the extent agreed upon as conditions in the enacting ordinance.

1. Applicants for conditional zoning must first meet with Town staff for a pre-application review of the project proposal. During the pre-application meeting, staff will discuss procedural and substantive matters related to the proposed application.
2. Following the pre-application meeting and before submitting a conditional zoning application, an applicant shall be required to hold a pre-submittal neighborhood meeting. Neighborhood Meetings are opportunities for rezoning applicants to meet with community members most directly affected by the potential rezoning. The applicant shall provide an opportunity to meet with property owners and surrounding community members. All property owners within 500 feet of the parcel will be invited by mailed notice to a neighborhood meeting scheduled at a convenient time and place. The property will also be posted with a sign in advance of the neighborhood meeting.
3. A conditional zoning application shall be filed a minimum of thirty (30) days prior to the Planning Board meeting at which the application is to be heard. The application shall be accompanied by a site plan, drawn to scale and supporting information and text that specifies the actual use or uses intended for the property and any rules, regulations, and conditions that, in addition to all predetermined ordinance requirements, will govern the development and use of the property. The following information shall be provided, where applicable:
   1. Name, address and phone number of the property owner (or his agent) and the tax parcel number of the property. This information should be obtained from Haywood County tax records. (NOTE: The property owner or his authorized agents are the only two parties who may initiate a request for conditional zoning.)
   2. A boundary survey and vicinity map, showing the property's total acreage, zoning classification(s), general location in relation to adjoining streets, railroads and/or waterways; date and north arrow.
   3. Existing and proposed topography at two-foot contour intervals or less on the site.
   4. The owner's names and addresses, tax parcel numbers and existing land use(s) of all adjoining properties. This information should be obtained from Haywood County tax records.
   5. Proposed use of all land and structures including the number of residential units (if applicable).
   6. Proposed number and approximate location of all structures, with an approximate or range of size, to include height of structure.
   7. A description of all screening and landscaping required by these regulations and/or proposed by the applicant.
   8. All existing easements, reservations and rights-of-way.
   9. Proposed phasing, if any, and approximate completion time for the project.
   10. Delineation of areas within the regulatory floodplain as shown on the official Federal Emergency Management Agency (FEMA) Flood Hazard Boundary Maps for Haywood County.
   11. Traffic, parking and circulation plans, showing the proposed location and required area to accommodate required number of parking spaces. Additionally, ingress and egress shall be shown to adjacent streets, existing and proposed.
   12. Typical building front elevation drawings proposed for the development that depicts exterior features and characteristics of the buildings. Such drawings shall also depict the relationship such buildings will have with the streetscape.
   13. Proposed number, type, and location of signs.
   14. The existing and proposed location of all water and sewer lines and fire hydrants intended to serve the proposed development.
4. Additional Information. In the course of evaluating the proposed rezoning, the Board of Aldermen may request additional information from the applicant. A request for such additional information shall stay any further consideration of the application by the Board of Aldermen until the requested information is submitted. This information may include (but shall not be limited to) the following:
   1. Storm water drainage plan.
   2. A traffic impact study of the proposed development prepared by a qualified transportation or traffic engineer. The traffic impact study may, as requested, include any or all of the following information:
      1. Existing traffic conditions within the study area boundary.
      2. Traffic volumes generated by the existing and proposed development on the parcel, including the morning peak, afternoon or evening peak, and average annual daily traffic levels.
      3. The distribution of existing and proposed trips through the street network.
      4. Analyses of the capacities of intersections located within the study area boundary.
      5. Recommendations for improvements designed to mitigate traffic impacts and to enhance pedestrian access to the development from the public right-of-way; and
   3. An environmental impact statement from a qualified entity that contains the following information:
      1. A cover sheet which provides, in summary form, a description of the proposed project.
      2. A statement of purpose and need of the project.
      3. For projects proposed by public entities, a list of alternatives of the proposed project.
      4. A succinct description of the environment affected by the project.
      5. A discussion of short and long-term consequences of the project on the environment including any adverse environmental impacts which cannot be avoided.
      6. A list of means that could be employed to mitigate any negative effects on the environment caused by this project.
   4. Other pertinent information, including but not limited to safety, noise, and impacts to air quality and other natural resources.
5. Application Completeness. No application may be deemed complete unless it contains, or is accompanied by, all items listed and a fee, in accordance with a fee schedule approved by the Board of Aldermen for the submittal of conditional zoning applications. Applications which are not complete, or otherwise do not comply with the provisions of this Ordinance, shall be returned to the applicant with a notation of the deficiencies in the application. A copy of said notation shall be placed in the applicant’s file and be maintained at Town Hall.

Once a complete application has been received and reviewed by the Town Planner, the Planning Board shall review the Conditional Zoning application. When reviewing an application to rezone property to a Conditional Zoning District, the Planning Board may request additional information as they deem necessary.

1. The Planning Board may make one of the following recommendations to the Board of Aldermen:
   1. Recommend approval of the application as requested, or
   2. Recommend approval of the application with fair and reasonable conditions as proposed by the applicant and/or as recommended by the Planning Board.
   3. Recommend denial of the application.
2. Upon making a recommendation, the Planning Board shall advise and comment on whether the proposed amendment is consistent with any adopted land use plan and any other officially adopted plan that is applicable. The Planning Board shall provide a written recommendation to the Board of Aldermen that addresses plan consistency, a statement of reasonableness, and other matters as deemed appropriate by the Planning Board. However, a comment by the Planning Board that a proposed amendment is inconsistent with the land use plan shall not prevent consideration or approval of the proposed amendment by the Board of Aldermen.
3. The Planning Board shall forward its recommendation to the Board of Aldermen within thirty (30) days of having first heard the application. If a recommendation is not made within thirty (30) days, the application shall be forwarded to the Board of Aldermen without a recommendation from the Planning Board.

1. Public Hearing. The Town Planner shall transmit any decision of the Planning Board to the Board of Aldermen. Once action has been taken by the Planning Board, or the time for action by the Planning Board has expired, the Board of Aldermen shall no later than their next regularly scheduled meeting (unless a later date is agreed to by both the applicant and the Town Planner) hold a public hearing.
2. Adoption. A Conditional Zoning District cannot be approved upon introduction to the Board of Aldermen at the first scheduled Public Hearing but must receive a second reading at a subsequent meeting.
3. Conditions. In approving the rezoning application, the Board of Aldermen may attach fair and reasonable conditions to the approval. The applicant must agree to any additional requirements prior to approval or denial by the Board of Aldermen.
4. Consistency and reasonableness. Conditional zoning decisions shall be made in consideration of identified relevant adopted land use plans for the area, including, but not limited to, comprehensive plans, strategic plans, district plans, area plans, neighborhood plans, corridor plans, and other land-use policy considerations. Prior to adopting or rejecting any conditional zoning amendment, the Board of Aldermen shall adopt a statement describing whether its action is consistent with an adopted comprehensive plan and explaining why the Board of Aldermen considers the action taken to be reasonable and in the public interest.
5. Additional review. The Board of Aldermen may choose to resubmit the application to the Planning Board for further study. The application may be resubmitted to the Planning Board with any modifications that are agreed to by the applicant. The Planning Board shall have up to thirty (30) days from the date of such submission to make a report to the Board of Aldermen. Once the Planning Board issues its report, or if no report is issued within that time period, the Board of Aldermen can take action on the application.

1. If an application for conditional zoning 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 these regulations and to the zoning maps.
2. If an application is approved, the applicant shall comply with all requirements established in the Unified Development Ordinance for the Town of Maggie Valley. Only those uses and structures indicated in the approved application and site plan shall be allowed on the subject property.
3. Following the approval of an application for a Conditional Zoning District, the subject property shall be identified on the Zoning Maps by the appropriate district designation. A parallel conditional zoning shall be identified by the same designation as the underlying general district followed by the letters “CZ” (for example C1-CZ).

In approving an application for a rezoning request to a Conditional Zoning District the Board of Aldermen, upon receiving comments and/or recommendations from the Planning Board, Staff, and public, may specify the location on the property of the proposed Use, the number of units per square footage, the location and extent of supporting facilities such as parking lots, driveways, and access streets, the location and extent of buffer areas and other special purpose areas, the timing of development, the location and extent of rights‐of‐way and other areas to be dedicated for public purposes, public dedications, and other such matters as the Applicant and the Board of Aldermen find appropriate. The Applicant will have a reasonable opportunity to consider and respond to any additional requirements prior to approval or denial of the application by the Board of Aldermen. All conditions must be mutually agreed upon by both the Board of Aldermen and the applicant for the rezoning to take effect, otherwise the proposed rezoning is invalid and the existing zoning shall remain in effect.

Any violation of a condition included in the approval of a Conditional Zoning District shall be treated the same as any other violation of this Ordinance and shall be subject to the same remedies and penalties as any such violation. Any violation of such a condition shall be deemed to be the same type of violation as the use of a property for a use not permitted under the District Regulations, for the reason that any Use permitted in a Conditional Zoning District is permitted only subject to the specified conditions.

The Town Planner shall have the authority to approve a minor modification to an approved Conditional Zoning District site plan without the requested change having to be approved as a new application. Such administrative amendments shall include only those changes that do not significantly alter the site plan or its conditions and do not significantly impact abutting properties. Any request for an administrative amendment shall be in writing and it shall detail the requested change. The applicant must provide any additional information requested by the Town Planner. The Town Planner shall have the discretion to decline to approve or deny modifications as provided for herein and may require the applicant to seek an amendment to the Conditional Zoning District approval. Any decision by the Town Planner to approve or deny a request for an administrative amendment must be in writing and must state the grounds for approval or denial. Such modifications shall be limited to the following:

1. A deviation of up to ten percent or 24 inches, whichever is greater, from the approved setback.
2. A reduction of up to 25 percent in the number of parking spaces.
3. Any other minor modification in accordance with the limitations and procedures prescribed in this ordinance, unless an enacting ordinance of a conditional zoning district adopted pursuant to this section specifies otherwise.

A request to change the site plan or the conditions governing an approved Conditional Zoning District that do not qualify as a minor modification shall be processed in accordance with the provisions of this Ordinance as a new application to rezone property to a Conditional Zoning District.

1. Purpose. The purpose of this section is to afford substantial advantages for greater flexibility and improved marketability for residential subdivisions through the benefits of efficiency which permit flexibility in building siting, mixtures of housing types and land use. Residential densities are calculated on a project basis, thus allowing the clustering of buildings in order to create useful open spaces and preserve natural site features. All residential cluster developments must be approved by the Board of Aldermen. Approval shall be based upon the satisfactory accomplishment of the following goals:
   1. To make efficient and visually aesthetic use of the natural features of the landscape;
   2. To maximize visualization of permanently preserved open space;
   3. To preserve natural vegetation, open space, and ecosystems;
   4. To provide recreation areas;
   5. To provide scenic vistas; and
   6. To create diversity and originality in subdivision design, meaning lots, streets and parking areas of non-uniform size, shape, or arrangement
2. Cluster development defined. A cluster development shall be defined as a residential subdivision that divides a 10 acre or greater parcel of land into no more than one additional lot per acre as the number of lots permissible in a conventional subdivision of the same property in the same zoning district. The minimum lot area and setbacks are waived.
3. Land development standards. Cluster developments may be located in all residential zoning districts (R-0, R-1, R-2, R-3, and R-4) as a conditional zoning, subject to approval by the Board of Aldermen that certain conditions be met. The following land development standards shall apply for all cluster developments.
   1. Ownership control. The land in a cluster development shall be under single ownership or management by the applicant before final approval and/or construction, or property assurances (legal title or execution of a binding sales agreement) shall be provided that the development can be successfully completed by the applicant.
   2. Density requirements. The proposed residential density of the cluster development (land area per dwelling unit as shown in Section 152.03 Density & Dimensional Requirements) shall be granted no more than one additional lot per acre as that permitted in the district in which the development is located. If the cluster development lies in more than one district, the number of allowable dwelling units must be separately calculated for each portion of the development that is in a separate district and must then be combined to determine the number of dwelling units allowable in the entire cluster development.
   3. Frontage requirements. Cluster developments shall have access to a highway or road suitable for the scale and density of development being proposed.
   4. Land uses. A mixture of land uses may be allowed in a cluster development. Nonresidential uses shall be primarily for the use of the cluster development residents and shall not constitute the primary use in the cluster development. Nonresidential uses shall be carefully designed to complement the residential uses within the cluster development. All cluster developments must be compatible with and not violate the intent of the zoning district.
   5. Minimum requirements:
      1. The normal minimum lot size, setbacks, and frontage requirements are hereby waived for the cluster development, provided that the spirit and intent of this section are complied with, as determined by the Board of Aldermen. The Board of Aldermen shall exercise ultimate discretion as to whether the cluster development site plan complies with the spirit and intent of this section.
      2. No building or structure shall exceed the height limitations of the district in which it is located.
      3. The minimum distance between buildings shall be 20 feet or as otherwise specified by the Board of Aldermen to ensure adequate air, light, privacy, and space for emergency vehicles.
      4. Every dwelling unit shall have access to a public or private street, walkway, or other area dedicated to common use, and there shall be provision for adequate vehicular circulation to all development properties, in order to ensure acceptable levels of access for emergency vehicles.
   6. Suggested conditions:
      1. Structures located on the perimeter of the development are suggested to be set back from property lines and rights-of-way of abutting streets double the distance outlined in the provisions of this chapter controlling the district within which the property is situated. A typical setback is 10 feet and is recommended to be 20 feet.
      2. Common open space is suggested to be equal to or greater than 10% of the total property and shall be located as much as the natural terrain permits in one contiguous area. Open space shall include recreational areas, wooded areas, and environmental open space. Public open space and recreation areas, except environmental open space, shall have direct access from public streets and shall be visible and easily accessible. All open space and recreation areas, except environmental open space, shall be well buffered from moving vehicles. Environmental open space is defined as any pervious area set aside for the protection, enhancement, or creation of water quality buffers, wildlife habitat, view corridors, flood hazard mitigation, or similar environmental features and may or may not include public access. Common open space is defined as:
         1. A portion of a development site that is permanently set aside for public or private use;
         2. Is held in common ownership by all individual owners within a development or accepted into the Town Parks and Recreation system; and
         3. Restricted from development as provided herein. Common open space shall not be construed to mean the space between buildings. Common open space may not contain any structures unless explicitly approved by the Board of Aldermen. The approval of a cluster subdivision plat does not constitute or affect the acceptance of open space by the Town and shall not be construed to do so. Required open space and recreation areas may be publicly or privately owned. If common open space is dedicated to private use, an agreement shall be prepared, and recorded with the Final Plat, specifying the ownership and responsibility for maintenance of the open space. Provisions for the perpetual ownership and maintenance of common open space may be accomplished by an agreement with a property owners' association or a land trust, or by other method or means approved by resolution of the Board of Aldermen.
      3. An additional wooded/vegetative buffer of 20 feet in width is recommended on the perimeter of the development.
   7. Privacy. Each development shall provide reasonable visual and acoustical privacy for all dwelling units. Fences, insulation, walks, barriers, and landscaping shall be used, as appropriate, for the protection and aesthetic enhancement of property and the privacy of its occupants, screening of objectionable views of uses, and reduction of noise. Multi-level buildings shall be located within a cluster development in such a way as to dissipate any adverse impact on adjoining low-rise buildings and shall not invade the privacy of the occupants of the low-rise buildings.
   8. Perimeter requirements:
      1. Structures located on the perimeter of the development must be set back from property lines and rights-of-way of abutting streets in accordance with the provisions of this chapter controlling the district within which the property is situated.
      2. Structures other than single-family detached units, located on the perimeter of the development may require screening in a manner which is approved by the Board of Aldermen.
   9. Water and sewer systems proposed. Plans and accompanying documentation to ensure that the water and sewer systems proposed for the cluster development have been approved by the appropriate local and state agencies and submitted as part of the application.
   10. Copy. At least 1 month prior to the date when the Planning Board is scheduled to consider the development, the developer shall submit a copy of the site plan to the Town Planner. The site plan shall contain, where applicable, the following information:
       1. Existing site conditions, including contours, watercourses, identified flood hazard areas, any unique natural or human-made features;
       2. Boundary lines of the proposed development, proposed lot lines, and plot designs;
       3. Proposed location and use of all existing and proposed structures;
       4. Location and size of all areas to be conveyed, dedicated, or reserved as common open space, parks, recreational areas, school sites, and similar public and semi-public uses;
       5. The existing and proposed street system, including location and number of off-street parking spaces, service areas, loading areas, and major points of access to public right-of-way. When more than 1 use is located in the cluster development, the minimum required parking shall be the sum of the required parking for each use within the development. Notations of proposed ownership of the street system (public or private). Documentation from the Maggie Valley Volunteer Fire Department of the adequacy of the development’s facilities for emergency medical and fire services;
       6. Documentation of an approved Sedimentation and Erosion Control Plan shall be submitted where required;
       7. Location and/or notation of existing and proposed easements and rights-of-way;
       8. The proposed treatment of the perimeter of the development, including materials and/or techniques such as screens, fences, and walls;
       9. Information on adjacent land areas, including land use, zoning classifications, public facilities, and any unique natural features; and
       10. Where applicable, the following written documentation shall be submitted:
           1. A legal description of the total site proposed for development, including a statement of present and proposed ownership;
           2. A development schedule indicating approximate beginning and completion dates of the development, including any proposed stages;
           3. A statement of the applicant’s intentions with regard to the future selling and/or leasing of all or portions of the development;
           4. Quantitative data for the following: proposed total number and type of residential dwelling units; parcel size; gross residential densities; and total amount of open space;
           5. Plan for maintenance of common areas, recreation areas, open spaces, streets, and utilities; and
           6. Any additional information required by the Board of Adjustment in order to evaluate the impact of the proposed development. The Board of Aldermen may waive a particular requirement if in its opinion the inclusion is not essential to a proper decision of the project.
   11. Pedestrian and bicycle path. Any pedestrian and bicycle path circulation system and its related walkways shall be designed to minimize conflicts between vehicle and pedestrian traffic.
   12. Layout. Layout of parking areas, service areas, entrances, exits, yards, courts and landscaping, and control of signs, lighting, noise, or other potentially adverse influences shall be such as to protect the residential character within the cluster development and desirable character in any adjoining district.
   13. Open space. Conveyance and maintenance of open space, recreational areas and communally owned facilities shall be in accordance with the Unit Ownership Act (G.S. Chapter 47A) and/or any other appropriate mechanisms acceptable to the Board of Aldermen.