10-1.1

Conditional zoning is established to provide flexibility in the development of property while ensuring that a development is compatible with neighboring uses. Conditional zoning affords a degree of certainty in land use decisions not typically possible in conventional zoning. Conditional zoning is available only in response to a petition from all owners of property to be included in a conditional zoning district.

10-2.1

Each conditional zoning district shall be designated on Zoning Map and other official documents by combining the designation of its parallel zoning district with the suffix, "-CZ". For example, the conditional zoning district with a parallel zoning district of Commercial Neighborhood would be identified as "CN-CZ" on the Zoning Map.

10-3.1

Parallel Base Zoning District(s). Development in a conditional zoning district shall be subject to all the use and development standard requirements that apply to development in the parallel base zoning district, plus the conditions imposed as part of the conditional rezoning approval, which may not be less restrictive than the regulations for the parallel base zoning district with the exemption of modifications to landscape plans as permissible under Article 15 and the allowance for increased height in the CD and DB districts as permissible under Section 12-2 and 13-1.

10-3.2

Uses permitted. In order for a use to be allowed in a conditional zoning district, the use must be listed as either Permitted or Special Use in the associated district under Article 11 of this development regulation.

10-4.1

No application for a conditional zoning district may split an existing lot into a conditional zoning district and a conventional zoning district.

10-4.2

Nothing in this subsection shall limit a conditional rezoning that splits a lot or site into two or more different conditional zoning district designations.

10-5.1

Following are general submittal requirements for requesting to rezone to a conditional zoning district:

(A)

Property may be placed in a conditional zoning district only in response to a petition by all owners of the property to be included in the conditional district.

(B)

The applicant must clearly include in the application any uses proposed to be permitted on the subject property. No uses will be permitted except those enumerated in the enacting ordinance establishing the conditional district.

10-5.2

In addition to meeting the requirements of Subsection 10-5.1, staff, the Planning Board, or City Council may request that an application for a request to rezone property to conditional district include a site plan, drawn to scale, with any necessary supporting documentation. In addition, the following may be requested by staff, the Planning Board, or City Council in order to evaluate the proposed conditional zoning district:

(A)

A boundary survey and vicinity map showing the property's total acreage, the present zoning classification(s), the general location and orientation of the property in relation to adjacent properties, streets, railroads, and/or waterways, the date, and a north arrow;

(B)

The owners' names, addresses, and tax parcel numbers of all abutting properties as shown on the tax records;

(C)

Existing easements, reservations, and rights-of-way and setbacks as required based upon the corresponding parallel zoning district;

(D)

Approximate location on the site of existing and proposed buildings, structures and other improvements;

(E)

Approximate dimensions, including the height of proposed buildings, structures and other improvements;

(F)

Proposed use of all land and structures, including the proposed number and square footage of all units, residential and nonresidential;

(G)

Proposed type and location of signs;

(H)

All existing and proposed points of access to public streets;

(I)

Delineation of areas within the regulatory floodplain as shown on the official flood hazard boundary map;

(J)

Proposed phasing, if any;

(K)

Approximate location of all existing and proposed infrastructure on the site, including water, sewer, roads, pedestrian walkways or multimodal paths and open space;

(L)

Existing and general proposed topography, if available, at five-foot contour intervals or less;

(M)

A written report of a community meeting conducted pursuant to Section 10-6;

(N)

A traffic impact study of the proposed development prepared by a qualified transportation or traffic engineer or planner. If requested, the traffic impact study should include information such as: 1) existing traffic conditions within the study area boundary; 2) traffic volumes generated by the existing and proposed development, including morning peak, afternoon or evening peak, and average annual traffic levels; 3) the distribution of existing and proposed trips through the street network; 4) analysis of capabilities of intersections located within the study area boundary; 5) recommendations for improvements designed to mitigate traffic impacts of the proposed development and to enhance pedestrian access to the development from the public right-of-way; and/or other pertinent information, including but not limited to, accidents, noise, and impacts on air quality and natural resources;

(O)

A landscaping plan prepared in accordance with the requirements contained in Article 15 or to show plantings and/or screening proposed over and above those required by Article 15;

(P)

Description and/or copies of proposed deed restrictions to be placed on the property; and/or

(Q)

Any other information needed to demonstrate compliance with these regulations or compatibility with the area surrounding the property proposed to be rezoned.

10-5.3

A site plan and/or any supporting text shall constitute part of the request for all purposes under this Article.

10-5.4

The Planning Director may require the applicant to submit as many copies of the application and site plan in paper and/or electronic format as needed to circulate to the Planning Board and City Council and to government departments and agencies for review and comment.

10-6.1

If after staff review of the initial application submitted by the property owner, a determination is made that a community meeting is required, the applicant must hold the meeting as provided in subsection 10-6 and file in the office of Planning and Inspections a written report before the application will be submitted to the Planning Board for review.

10-6.2

Notice of such a meeting shall be given to property owners and tenants adjacent to the proposed project and within 300 feet of the proposed project parcel boundaries. Notice of the meeting shall be the responsibility of the applicant and shall be given two weeks in advance. The report shall include, among other things, a listing of those persons and organizations contacted about the meeting and the manner and date of contact, a summary of issues discussed at the meeting, and a description of any changes to the rezoning documenting efforts that were made to arrange such a meeting and stating the reasons such a meeting was not held, if after good faith efforts by the applicant, that should occur. The adequacy of a meeting held or report filed pursuant to this section may be considered by the City Council in the rezoning request, but shall not be subject to judicial review.

10-7.1

Specific conditions may be proposed by the petitioner or the City or its agencies, but only those conditions approved by the City Council and consented to by the petitioner in writing may be incorporated into the zoning regulations.

10-7.2

Conditions and site-specific standards imposed in a conditional zoning district shall be limited to those that address conformance of the development and use of the site to local ordinances, plans adopted pursuant to N.C.G.S. § 160D-501, or the impacts reasonably expected to be generated by the development or use of the site.

10-7.3

Such conditions to approval of the request may include, but are not limited to, dedication to the City, county or state, as appropriate, of any land, rights-of-way or easements for streets, water, sewer, drainage, recreational uses or other public utilities necessary to serve the proposed development. Conditions may relate to the relationship of the proposed use to surrounding property, size, scale, location and design of structures, proposed support facilities such as parking areas and driveways, pedestrian and vehicular circulation systems, screening and buffer areas, preservation of protected trees, the timing of development, street and right-of-way improvements, water and sewer improvements, stormwater drainage, the provision of open space, and other matters that the City Council may find appropriate or the applicant may propose.

10-7.4

If for any reason any condition for approval is found to be illegal or invalid or if the applicant 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. Proceedings shall be instituted to rezone the property to its previous zoning classification.

(Ord. No. 2025-O-04, 1-14-2025)

10.8.1

If a request for conditional zoning is approved by the City Council, the development and use of the property shall be governed by the predetermined ordinance requirements applicable to the district's classification, any approved site plan for the district, and any additional approved conditions, if applicable, 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 Map.

10-8.2

If a request is approved, only those uses and structures indicated in the enacting ordinance or indicated on a site plan referenced by the enacting ordinance shall be allowed on the subject property.

10-8.3

Following the approval of the request for a conditional zoning district, the subject property shall be identified on the Zoning Map 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, Commercial Neighborhood Conditional Zoning District would be designated as "CN-CZ").

10-8.4

No permit shall be issued for any development activity within a conditional zoning district except in accordance with the approved request and, if applicable, a site plan for the district.

10-8.5

Any violation of the approved conditional zoning district or associated conditions for the district shall be treated the same as any other violation of this development regulation and shall be subject to the same remedies and penalties as any such violation.

10.9.1

Major changes to approved plans and conditions of development may be authorized only by the City Council after review and recommendation by the Planning Board in the same manner as applicable to Zoning Map amendments. Major changes include, but are not limited to:

(A)

Change in use(s);

(B)

Increase in intensity of the development; such as, increase in density of units, whether residential, office, commercial or industrial;

(C)

An increase of 10% or greater of overall ground coverage by structures;

(D)

A reduction in approved open space or screening;

(E)

A change in vehicular access; or

(F)

A variation from an imposed condition.

10-9.2

Minor changes, which are not deemed as major changes by the Planning Director or as set forth under Subsection 10-9.1, may, at his or her discretion, be authorized by the Planning Director in accordance with the following:

(A)

The Planning Director shall have the delegated authority to approve an administrative amendment to an approved site plan.

(B)

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 and does not qualify as a major change as set forth in Subsection 10-9.1.

(C)

Any decision must be in writing stating the grounds for approval or denial.

(D)

If the Planning Director declines to exercise the authority to approve an administrative amendment to an approved site plan, then the applicant must file a rezoning request for a public hearing and Council decision.

(E)

Any request for a minor change/administrative amendment shall be pursuant to a written letter, signed by the property owner, detailing the requested change. Upon request, the applicant must provide any additional information that is requested. Upon an approval of an administrative amendment, the applicant must file a sufficient number of copies of a revised site plan (if applicable) as deemed necessary by the Planning Director.

10-10.1

It is intended that property shall be reclassified to a conditional zoning district only in the event of firm plans to develop the property. Therefore, no sooner than three years after the date of approval of the request, the Planning Board may examine the progress made toward developing the property in accordance with the approved request and any conditions attached to the approval. If the Planning Board determines that progress has not been made in accordance with the approved request and conditions, the Planning Board shall forward to the City Council a report which may recommend that the property be rezoned to its previous zoning classification or to another district.

10-11.1

Any conditional-use district approvals that were valid and in effect as of January 1, 2021, are converted automatically to conditional zoning districts. Any conditional use permits issued concurrently with the establishment of those conditional-use districts are converted automatically to special-use permits.