1. Amendments to the text of this chapter or to the zoning map may be made in accordance with the provisions of this article, or in the case of non-substantive editorial changes, may be made administratively by the Director of Planning and Community Development.
2. Zoning regulations shall be made in accordance with a comprehensive plan.
3. Zoning regulations shall be designed to promote the public health, safety, and general welfare. To that end, the regulations may address, among other things, the following public purposes: to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to lessen congestion in the streets; to secure safety from fire, panic, and dangers; and to facilitate the efficient and adequate provision of transportation, water, sewerage, schools, parks, and other public requirements. The regulations shall be made with reasonable consideration as to, among other things, the character of the district and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the county. In addition, the regulations shall be made with reasonable consideration to expansion and development of any cities within the county, so as to provide for their orderly growth and development.

Amended March 15, 2010, September 18, 2017, January 21, 2021

1. A request to amend this ordinance may be initiated by:
   1. The Siler City Town Board, upon its own motion;
   2. The Siler City Planning Board, Board of Adjustments, or any other duly appointed Town body;
   3. The Town Manager, Planner or other official of the Town;
   4. Any property owner or agent thereof, upon submittal of application to Town Planner; or
   5. Any other person.
2. Down-Zoning. No amendment to zoning regulations or a zoning map that down-zones property shall be initiated, nor is it enforceable without the written consent of all property owners whose property is the subject of the down-zoning amendment, unless the down-zoning amendment is initiated by the Town. For purposes of this section, "down-zoning" means a zoning ordinance that affects an area of land in one of the following ways:
   1. By decreasing the development density of the land to be less dense than was allowed under its previous usage.
   2. By reducing the permitted uses of the land that are specified in a zoning ordinance or land development regulation to fewer uses than were allowed under its previous usage.
3. Property may be placed in a conditional zoning district only in response to a petition by all owners of the property to be included.
4. All requests and applications for amendments to the zoning ordinance shall be acted upon as provided by this article.

Amended March 15, 2010, January 21, 2021

Any request initiated as provided in § 312 shall be referred to the planning director, planning board and any other appropriate board for their consideration. Such request shall be heard in public hearings and acted upon in accordance with the procedures of this article.

1. Applications for amendments to this ordinance, as provided in §312 all be filed with the town planner. Applicants shall pay any administrative fee established by the town at the time of application.
2. The planning director shall prescribe the form(s) upon which applications will be made, as well as any other materials or information deemed necessary pursuant to but not limited to the items listed below.
   1. The alleged error in this ordinance, if any, which would be remedied by the proposed amendment.
   2. The changed or changing conditions, if any, of neighborhoods or areas in the town which make the proposed amendment reasonably necessary in order to promote the public health, safety and general welfare.
   3. The manner in which the proposed development will carry out the purposes of the adopted Land Use Plan.
   4. All other circumstances, factors and reasons which applicant offers in support of the proposed amendment.
   5. Any other information required on the form by the planning department.
3. Applications for the next regularly scheduled Planning Board meeting must be submitted to the Town Planner no later than twenty (20) working days prior to the Planning Board’s regular meeting. Application submitted after the deadline shall be heard the month following the next regular meeting.

Amended March 18, 2013, February 15, 2016

Upon receipt of an amendment request or completed application, the town planner shall cause an analysis to be made of the request or application to determine conformity with the intent of this article and based on his or her findings, shall prepare a written report. Such report and shall be made available no later than seven (7) days prior to the public hearing.

1. At its next regular meeting and before the public hearing, as discussed in §317, the planning board will consider the planner's recommendation, written public comment and testimony during the meeting.
2. Initial zoning. In order to exercise zoning powers conferred by Article 7 of Chapter 160D for the first time, the Town shall create or designate a planning board under the provisions of Article 7 of Chapter 160D or of a special act of the General Assembly. The planning board shall prepare or shall review and comment upon a proposed zoning regulation, including the full text of such regulation and maps showing proposed district boundaries. The planning board may hold public meetings and legislative hearings in the course of preparing the regulation. Upon completion, the planning board shall make a written recommendation regarding adoption of the regulation to the governing board. The governing board shall not hold its required hearing or take action until it has received a recommendation regarding the regulation from the planning board. Following its required hearing, the governing board may refer the regulation back to the planning board for any further recommendations that the board may wish to make prior to final action by the governing board in adopting, modifying and adopting, or rejecting the regulation.
3. Zoning amendments. Subsequent to initial adoption of a zoning regulation, all proposed amendments to the zoning regulation or zoning map shall be submitted to the planning board for review and comment. If no written report is received from the planning board within 30 days of referral of the amendment to that board, the governing board may act on the amendment without the planning board report. The governing board is not bound by the recommendations, if any, of the planning board.
4. Review of other ordinances and actions. Any development regulation other than a zoning regulation that is proposed to be adopted pursuant to Chapter 160D may be referred to the planning board for review and comment. Any development regulation other than a zoning regulation may provide that future proposed amendments of that ordinance be submitted to the planning board for review and comment. Any other action proposed to be taken pursuant to Chapter 160D may be referred to the planning board for review and comment.
5. Plan consistency. When conducting a review of proposed zoning text or map amendments pursuant to this section, the planning board shall advise and comment on whether the proposed action is consistent with any comprehensive plan that has been adopted and any other officially adopted plan that is applicable. The planning board shall provide a written recommendation to the governing board that addresses plan consistency and other matters as deemed appropriate by the planning board, but a comment by the planning board that a proposed amendment is inconsistent with the comprehensive plan shall not preclude consideration or approval of the proposed amendment by the governing board. If a zoning map amendment qualifies as a “large-scale rezoning” under G.S. 160D-602(b), the planning board statement describing plan consistency may address the overall rezoning and describe how the analysis and polices in the relevant adopted plans were considered in the recommendation made.
6. Separate board required. Notwithstanding the authority to assign duties of the planning board to the governing board as provided by Chapter 160D, the review and comment required by this section shall not be assigned to the governing board and must be performed by a separate board.

Amended March 18, 2013, September 18, 2017, January 21, 2021

1. Public Hearing. The town board shall hold a public hearing on the requests and applications at the next regularly scheduled public hearing in order to receive comments, testimony, and exhibits pertaining to the amendment. Public hearings on amendments to this ordinance will be held by the town board on the first or third Monday of each month as required. A record of the public hearing will be kept by the Town Clerk and submitted to the planning board and town board as soon as possible, following the public hearing. If the Mayor finds that an emergency or sufficient exigent circumstances exists, the town board may schedule a public hearing at a date other than those times specified above.
2. Hearing with Published Notice. Before adopting, amending, or repealing any ordinance or development regulation authorized by Chapter 160D, the Town Board shall hold a legislative hearing. A notice of the hearing shall be given once a week for two (2) successive calendar weeks in a newspaper having general circulation in the area. The notice shall be published the first time not less than ten (10) days nor more than twenty-five (25) days before the date scheduled for the hearing. In computing such period, the day of publication is not to be included but the day of the hearing shall be included.
3. Notice of Hearing on Proposed Zoning Map Amendments.
   1. Mailed Notice. Subject to the limitations of Chapter 160D, an ordinance shall provide for the manner in which zoning regulations and the boundaries of zoning districts are to be determined, established and enforced, and from time to time amended, supplemented or changed, in accordance with the provisions of Chapter 160D. The owner of affected parcels of land and the owners of all parcels of land abutting that parcel of land, shall be mailed a notice of the hearing on a proposed zoning map amendment by first class mail at the last addresses listed for such owners on the county tax abstracts. For the purpose of this section, properties are “abutting” even if separated by a street, railroad, or other transportation corridor. This notice must be deposited in the mail at least ten (10) but not more than twenty-five (25) days prior to the date of the hearing. If the zoning map amendment is being proposed in conjunction with an expansion of municipal extraterritorial planning and development regulation jurisdiction under G.S. 160D-202, a single hearing on the zoning map amendment and the boundary amendment may be held. In this instance the initial notice of the zoning map amendment hearing may be combined with the boundary hearing notice and the combined hearing notice mailed at least thirty (30) days prior to the hearing.
   2. Option to mailed notice for large-scale zoning map amendments. The first class mail notice required under subsection (1) of this section is not required if the zoning map amendment proposes to change the zoning designation of more than 50 properties, owned by at least 50 different property owners, and the Town elects to use the expanded published notice provided for in this subsection. In this instance, the Town may elect to make the mailed notice provided for in subsection (1) of this section, or as an alternative, elect to publish notice of the hearing as required by G.S. 160D-601, provided that each advertisement shall not be less than one-half of a newspaper page in size. The advertisement is effective only for property owners who reside in the area of general circulation of the newspaper that publishes the notice. Property owners who reside outside of the newspaper circulation area, according to the address listed on the most recent property tax listing for the affected property, shall be notified according to the provisions of subsection (1) of this section.
   3. Posted notice. When a zoning map amendment is proposed, the Town shall prominently post a notice of the hearing on the site proposed for the amendment or on an adjacent public street or highway right-of-way. The notice shall be posted within the same time period specified for mailed notices of the hearing. When multiple parcels are included within a proposed zoning map amendment, a posting on each individual parcel is not required, but the Town shall post sufficient notices to provide reasonable notice to interested persons.
   4. Communication with Neighboring Property Owners or Residents. When a zoning map amendment is proposed, the person proposing the map amendment shall report on any communication with neighboring property owners and residents.

Amended March 15, 2010, March 18, 2013, January 21, 2021

1. At its first or third monthly meeting following receipt of the recommendations from the planning board, and holding the public hearing, the Board of Commissioners will approve, deny, or table each request or application for amendment of this ordinance. The Board will consider the planning board’s recommendation, written public comment, testimony, and evidence presented during the public hearing, and the planner’s recommendations, in its decision. Additional testimony, not presented at the public hearing, will be considered at the Mayor’s discretion.
2. Plan Consistency. When adopting or rejecting any zoning text or map amendment, the governing board shall approve a brief statement describing whether its action is consistent or inconsistent with an adopted comprehensive plan. The requirement for a plan consistency statement may also be met by a clear indication in the minutes of the governing board that at the time of action on the amendment the governing board was aware of and considered the planning board’s recommendations and any relevant portions of an adopted comprehensive plan. If the amendment is adopted and the action was deemed inconsistent with the adopted plan, the zoning amendment shall have the effect of also amending any future land use map in the approved plan and no additional request or application for a plan amendment shall be required. A plan amendment and a zoning amendment may be considered concurrently. The plan consistency statement is not subject to judicial review. If a zoning map amendment qualifies as a “large-scale rezoning” under G.S. 160D-602(b), the governing board statement describing plan consistency may address the overall rezoning and describe how the analysis and polices in the relevant adopted plans were considered in the action taken.
3. Statement of Reasonableness. When adopting or rejecting any petition for a zoning text or map amendment, a brief statement explaining the reasonableness of the proposed rezoning shall be approved by the governing board. The statement of reasonableness may consider, among other factors:
   1. the size, physical conditions, and other attributes of any area proposed to be rezoned;
   2. the benefits and detriments to the landowners, the neighbors, and the surrounding community;
   3. the relationship between the current actual and permissible development and the development permissible under the proposed amendment;
   4. why the action taken is in the public interest; and
   5. any changed conditions warranting the amendment.
   If a zoning map amendment qualifies as a “large-scale rezoning” under G.S. 160D-602(b), the governing board statement on reasonableness may address the overall rezoning.
4. Single Statement Permissible. The statement of reasonableness and the plan consistency statement required by this section may be approved as a single statement.
5. Ordinance Required. A development regulation adopted pursuant to Chapter 160D shall be adopted by ordinance.
6. Declaratory Judgments. Challenges of legislative decisions of the Town Board, including the validity or constitutionality of development regulations adopted pursuant to this Chapter, and actions authorized by G.S. 160D-108(h) or (i) and G.S. 160D-1403.1 may be brought pursuant to Article 26 of Chapter 1 of the General Statutes. The Town Board that makes the challenged decision shall be named a party to the action.
7. Statutes of Limitation
   1. Zoning Map Adoption or Amendments. A cause of action as to the validity of any regulation adopting or amending a zoning map adopted under Chapter 160D or other applicable law or a development agreement adopted under Article 10 of Chapter 160D accrues upon adoption of the ordinance and shall be brought within sixty (60) days as provided in G.S. 1-54.1.
   2. Text Adoption or Amendment. Except as otherwise provided in subsection (1) of this section, an action challenging the validity of a development regulation adopted under Chapter 160D or other applicable law shall be brought within one (1) year of the accrual of such action. Such an action accrues when the party bringing such action first has standing to challenge the ordinance. A challenge to an ordinance on the basis of an alleged defect in the adoption process shall be brought within three (3) years after the adoption of the ordinance.

Amended March 15, 2010, March 18, 2013, March 21, 2016, September 18, 2017, January 21, 2021

When the town board shall have denied an application for an amendment or the application shall have been withdrawn by the applicant by written notice after the publication of the first public hearing required, the Town Planner shall not accept another application for the same or similar amendment affecting the same property or portion thereof, until the expiration of a twelve (12) month period extending from the date of denial or withdrawal as appropriate. Nothing in this section, however, shall prohibit the Town Board or Planning Board from initiating an amendment for any property at any time.

Amended October 2, 2000

1. Subject to the limitations of Chapter 160D, zoning regulations may from time to time be amended, supplemented, changed, modified or repealed. If any resident or property owner in the Town submits a written statement regarding a proposed amendment, modification, or repeal to a zoning regulation, including a text or map amendment that has been properly initiated as provided in G.S. 160D-601, to the clerk to the board at least two (2) business days prior to the proposed vote on such change, the clerk to the board shall deliver such written statement to the Town Board.
2. If the proposed change is the subject of a quasi-judicial proceeding under G.S. 160D-705, or any other statute, the clerk shall provide only the names and addresses of the individuals providing written comment, and the provision of such names and addresses to all members of the board shall not disqualify any member of the board from voting.

Amended March 15, 2010, March 21, 2016, January 21, 2021

Amended March 21, 2016

1. Requirements for Zoning.
   1. As a condition of adopting and applying zoning regulations under Chapter 160D, the Town shall adopt and reasonably maintain a comprehensive plan or land-use plan.
   2. A comprehensive plan sets forth goals, policies, and programs intended to guide the present and future physical, social, and economic development of the jurisdiction. A land-use plan uses text and maps to designate the future use or reuse of land.
   3. A comprehensive or land-use plan is intended to guide coordinated, efficient, and orderly development within the planning and development regulation jurisdiction based on an analysis of present and future needs.
   4. Planning analysis may address inventories of existing conditions and assess future trends regarding demographics, economic, environmental, and cultural factors.
   5. The planning process shall include opportunities for citizen engagement in plan preparation and adoption.
   6. The Town may prepare and adopt other plans as deemed appropriate. This may include, but is not limited to, small area plans, neighborhood plans, hazard mitigation plans, transportation plans, housing plans, and recreation and open space plans.
2. Comprehensive Plan Contents. A comprehensive plan may, among other topics, address any of the following as determined by the Town:
   1. Issues and opportunities facing the Town, including consideration of trends, the values expressed by citizens, community vision, and guiding principles for growth, and development;
   2. The pattern of desired growth and development and civic design, including the location, distribution, and characteristics of future land uses, urban form, utilities, and transportation networks;
   3. Employment opportunities, economic development, and community development;
   4. Acceptable levels of public services and infrastructure to support development, including water, waste disposal, utilities, emergency services, transportation, education, recreation, community facilities, and other public services, including plans and policies for provision of and financing for public infrastructure;
   5. Housing with a range of types and affordability to accommodate persons and households of all types and income levels;
   6. Recreation and open spaces;
   7. Mitigation of natural hazards such as flooding, winds, wildfires, and unstable lands;
   8. Protection of the environment and natural resources, including agricultural resources, mineral resources, and water and air quality;
   9. Protection of significant architectural, scenic, cultural, historical, or archaeological resources; and
   10. Analysis and evaluation of implementation measures, including regulations, public investments, and educational programs.
3. Adoption and effect of plans.
   1. Plans shall be adopted by the governing board with the advice and consultation of the planning board.
   2. Adoption and amendment of a comprehensive or land-use plan is a legislative decision and shall follow the process mandated for zoning text amendments set by G.S. 160D-601.
   3. Plans adopted under Chapter 160D may be undertaken and adopted as part of or in conjunction with plans required under other statutes, including but not limited to the plans required by G.S. 113A-110.
   4. Plans adopted under Chapter 160D shall be advisory in nature without independent regulatory effect.
   5. Plans adopted under Chapter 160D do not expand, diminish, or alter the scope of authority for development regulations adopted under Chapter 160D.
   6. Plans adopted under this section shall be considered by the planning board and governing board when considering proposed amendments to zoning regulations as required by G.S. 160D-604 and 160D-605.
   7. If a plan is deemed amended by G.S. 160D-605 by virtue of adoption of a zoning amendment that is inconsistent with the plan, that amendment shall be noted in the plan. However, if the plan is one that requires review and approval subject to G.S. 113A-110, the plan amendment shall not be effective until that review and approval is completed.
4. The Town may undertake any of the planning activities authorized by Article 5 of Chapter 160D in coordination with other local governments, state agencies, or regional agencies created under Article 19 of Chapter 153A or Article 20 of Chapter 160A.

Amended January 21, 2021

See Appendix B Development Agreements

Amended January 21, 2021

1. Authority. The Town may adopt temporary moratoria on any development approval required by law, except for the purpose of developing and adopting new or amended plans or development regulations governing residential uses. The duration of any moratorium shall be reasonable in light of the specific conditions that warrant imposition of the moratorium and may not exceed the period of time necessary to correct, modify, or resolve such conditions.
2. Hearing required. Except in cases of imminent and substantial threat to public health or safety, before adopting a development regulation imposing a development moratorium with a duration of 60 days or any shorter period, the governing board shall hold a legislative hearing and shall publish a notice of the hearing in a newspaper having general circulation in the area not less than seven days before the date set for the hearing. A development moratorium with a duration of 61 days or longer, and any extension of a moratorium so that the total duration is 61 days or longer, is subject to the notice and hearing requirements of G.S. 160D-601.
3. Exempt projects. Absent an imminent threat to public health or safety, a development moratorium adopted pursuant to this section does not apply to any project for which a valid building permit issued pursuant to G.S. 160D-1108 is outstanding, to any project for which a special use permit application has been accepted as complete, to development set forth in a site-specific vesting plan approved pursuant to G.S. 160D-108.1, to development for which substantial expenditures have already been made in good faith reliance on a prior valid development approval, or to preliminary or final subdivision plats that have been accepted for review by the Town prior to the call for a hearing to adopt the moratorium. Any preliminary subdivision plat accepted for review by the Town prior to the call for a hearing, if subsequently approved, shall be allowed to proceed to final plat approval without being subject to the moratorium. Notwithstanding the foregoing, if a complete application for a development approval has been submitted prior to the effective date of a moratorium, G.S. 160D-108(b) applies when permit processing resumes.
4. Required statements. Any development regulation establishing a development moratorium must include at the time of adoption each of the following:
   1. A statement of the problems or conditions necessitating the moratorium and what courses of action, alternative to a moratorium, were considered by the Town and why those alternative courses of action were not deemed adequate.
   2. A statement of the development approvals subject to the moratorium and how a moratorium on those approvals will address the problems or conditions leading to imposition of the moratorium.
   3. A date for termination of the moratorium and a statement setting forth why that duration is reasonably necessary to address the problems or conditions leading to imposition of the moratorium.
   4. A statement of the actions, and the schedule for those actions, proposed to be taken by the Town during the duration of the moratorium to address the problems or conditions leading to imposition of the moratorium.
5. Limit on renewal or extension. No moratorium may be subsequently renewed or extended for any additional period unless the Town has taken all reasonable and feasible steps proposed to be taken in its ordinance establishing the moratorium to address the problems or conditions leading to imposition of the moratorium and unless new facts and conditions warrant an extension. Any ordinance renewing or extending a development moratorium must include, at the time of adoption, the findings set forth in 160D-107(d), including what new facts or conditions warrant the extension.
6. Expedited judicial review. Any person aggrieved by the imposition of a moratorium on development approvals required by law may apply to the General Court of Justice for an order enjoining the enforcement of the moratorium. Actions brought pursuant to this section shall be scheduled for expedited hearing, and subsequent proceedings in those actions shall be accorded priority by the trial and appellate courts. In such actions, the Town has the burden of showing compliance with the procedural requirements of 160D-107.

Amended January 21, 2021

1. To minimize development planning costs, avoid misunderstanding or misinterpretation, and ensure compliance with the requirements of this ordinance, pre-development meeting between the developer and the pre-development review team is required as provided in this section.
2. Before submitting an application for a conditional zoning authorizing a development, the developer shall submit to the administrator a sketch plan of such development, drawn approximately to scale (1 inch = 100 feet). The sketch plan shall contain:
   1. The name and address of the developer.
   2. The proposed name and location of the development.
   3. The approximate total acreage of the proposed development.
   4. The tentative street and lot arrangement, sidewalk widths, furnishings, plantings, and parking.
   5. Topographic lines, and
   6. Any other information the developer believes necessary to obtain the informal opinion of the planning staff as to proposed development's compliance with the requirements of this ordinance.
3. The pre-development team shall meet with the developer as soon as conveniently possible to review the sketch plan.

Amended January 21, 2021

1. Upon receipt of a formal application for a conditional zoning, the administrator shall review the application and confer with the applicant to ensure that he understands the planning staff's interpretation of the applicable requirements of this ordinance, that he has submitted all of the information that he intends to submit, and that the application represents precisely and completely what he proposes to do.
2. The administrator shall place the application on the agenda of the Town Board when the applicant indicates that the application is as complete as he intends to make it. However, as provided, if the administrator believes that the application is incomplete, the administrator shall report this to the Planning Board and Town Board.

Amended January 21, 2021

1. In order to rezone a parcel of land to a conditional zoning district, an application must be submitted requesting rezoning to a conditional zoning district. The procedures and requirements for submittal of the application shall be the same of those specified in Part I of this Article.
2. An application for a conditional zoning shall be submitted to the town and planning board by filing a copy of the application with the administrator in the planning department. Applications for the next regularly scheduled Planning Board meeting must be submitted to the administrator no later than twenty (20) working days prior to the Planning Board’s regular meeting. Application submitted after the deadline shall be heard the month following the next regular meeting.
3. The administrator may provide for one application that requires all of the information formally required for conditional zoning.
4. All applications for conditional zoning must be complete before the Town Board is required to consider the application. An application is complete when it contains all of the information that is necessary for the Town Board to decide whether or not the development, if completed as proposed, will comply with all of the requirements of this ordinance.
5. In this ordinance, detailed or technical design requirements and construction specifications relating to various types of improvements (streets, sidewalks, etc.) are set forth in one (1) or more of the appendices to this ordinance. It is not necessary that the application contain the type of detailed construction drawings that would be necessary to determine compliance with these appendices, so long as the plan provides sufficient information to allow the Town Board to evaluate the application in the light of the substantive requirements set forth in this text of this ordinance. However, when this ordinance requires a certain element of a development to be constructed in accordance with the detailed requirements set forth in one (1) or more of these appendices, then no construction work on such element may be commenced until detailed construction drawings have been submitted to and approved by the administrator. Failure to observe this requirement may result in revocation of the approval, denial of final subdivision plat approval, or other penalty as provided in Article VII.
6. The presumption established by this ordinance is that all of the information set forth in Appendix A is necessary to satisfy the requirements of this section. However, it is recognized that each development is unique, and therefore the Town Board may allow less information or require more information to be submitted according to the needs of the particular case. For applications submitted to the town board, the applicant may rely in the first instance on the recommendations of the administrator as to whether more or less information than that set forth in Appendix A should be submitted.
7. The administrator shall make every effort to develop application forms, instructional sheets, checklists, or other techniques or devices to assist applicants in understanding the application requirements and the form and type of information that must be submitted. In classes of cases where a minimal amount of information is necessary to enable the administrator to determine compliance with this ordinance, the administrator shall develop standard forms that will expedite the submission of the necessary plans and other required information.
8. Applications to be Processed Expeditiously. Recognizing that inordinate delays in acting upon applications may impose unnecessary costs on the applicant, the town shall make every reasonable effort to process applications as expeditiously as possible, consistent with the need to ensure that all development conforms to the requirements of this ordinance.

Amended February 2, 1998, October 2, 2000, February 18, 2013, January 21, 2021

Every petition for the reclassification of property to a conditional zoning district shall be accompanied by a site plan, drawn to scale and all necessary supporting text as listed in Appendix A for all site plans required by this Ordinance. The Planning Board shall review the site plan to determine compliance with this Ordinance and all applicable regulations within the Siler City planning jurisdiction.

Amended February 18, 2013, January 21, 2021

1. The Planning Board shall review the applications and shall submit to the Board of Commissioners written recommendations on the conditional zoning application.
2. The town board may not render a final decision on a conditional zoning application until the planning board has had an opportunity to consider the application pursuant to standard agenda procedures.
3. When presented to the planning board, the application shall be accompanied by a report setting forth the planning staff's proposed findings concerning the application's compliance and other requirements of this ordinance, as well as any staff recommendations for additional requirements to be imposed by the town board. If the planning staff report proposes a finding or conclusion that the application fails to comply with any other requirement of this ordinance, it shall identify the requirement in question and specifically state supporting reasons for the proposed findings or conclusions.
4. The planning board shall consider the application and the attached staff report in a timely fashion, and may, in the Chairperson's discretion, hear from the applicant or members of the public.
5. After reviewing the application, the planning board shall report to the town board whether it concurs in whole or in part with the staff's proposed findings and conditions, and to the extent there are differences the planning board shall propose its own recommendations and the reasons therefore.
6. In response to the planning board's recommendations, the applicant may modify the application prior to submission to the town board, and the planning staff may likewise revise its recommendations.

Amended January 21, 2021

1. The Board of Commissioners shall conduct a public hearing on the conditional zoning application, in accordance with procedures applicable to rezonings generally. (See Part I of this Article)
2. The notice required for such hearing shall be sufficient to comply with that required for rezoning applications.
3. The Board of Commissioners shall make decisions on conditional zoning application in accordance with procedures applicable to rezonings generally (See Part I of this Article).
4. Conditions.
   1. Specific conditions may be proposed by the petitioner or the Town or its agencies, but only those conditions approved by the Town and consented to by the petitioner in writing may be incorporated into the zoning regulations.
   2. Unless consented to by the petitioner in writing, in the exercise of the authority granted by Chapter 160D, the Town may not require, enforce, or incorporate into the zoning regulations any condition or requirement not authorized by otherwise applicable law, including, without limitation, taxes, impact fees, building design elements within the scope of G.S. 160D-702(b), driveway-related improvements in excess of those allowed in G.S. 136-18(29) and G.S. 160A-307, or other unauthorized limitations on the development or use of land.
   3. Conditions and site-specific standards imposed in a conditional zoning district shall be limited to those that address the conformance of the development and use of the site to Town ordinances, plans adopted pursuant to G.S. 160D-501, or the impacts reasonably expected to be generated by the development or use of the site.
5. Conditional zoning approval is issued under this ordinance only when a review of the application submitted, including the plans contained therein, indicates that the development will comply with the provisions of this ordinance if completed as proposed. Such plans and applications as are finally approved are incorporated into any approval issued, and except as otherwise provided, all development shall occur strictly in accordance with such approved plans and applications.
6. Physical improvements to land to be subdivided (preliminary plat) may not be commenced except in accordance with a conditional zoning approval by the town board for major subdivisions (see Part II of Article 4 of the UDO).
7. Conditional zoning approval shall be issued in the name of the applicant (except that applications submitted by an agent shall be issued in the name of the principal), shall identify the property involved and the proposed use, shall incorporate by reference the plans submitted, and shall contain any conditions or requirements lawfully imposed by the Town Board.

Amended January 21, 2021

1. Unless provided otherwise by law, all rights, privileges, benefits, burdens, and obligations created by development approvals made pursuant to Chapter 160D attach to and run with the land.
2. Conditional zoning authorizes the applicant to make use of land and structures in a particular way. Such approvals are transferable. However, so long as the land or structures or any portion thereof covered under an approval continues to be used for the purposes for which the approval was granted, then:
   1. No person (including successors or assigns of the person who obtained the approval) may make use of the land or structures covered under such approval for the purposes authorized in the approval except in accordance with all the terms and requirements of that approval, and
   2. The terms and requirements of the approval apply to and restrict the use of land or structures covered under the approval, not only with respect to all persons having any interest in the property at the time the approval was obtained but also with respect to persons who subsequently obtain any interest in all or part of the covered property and wish to use it for or in connection with purposes other than those for which the approval was originally issued, so long as the persons who subsequently obtain an interest in the property had actual or record notice (as provided in §59(b) of the existence of the approval at the time they acquired their interest.
3. Only those uses and structures indicated in the approved application and site plan shall be allowed within the conditional zoning district. Development in the district shall comply with all provisions of and conditions to the approved application and site plan. Following the approval of the petition, the subject property shall be identified on the Zoning Maps by the appropriate district designation.
4. Any conditional use district zoning district that is valid and in effect as of January 1, 2021, shall be deemed a conditional zoning district consistent with the terms of S.L. 2019-111, and the conditional use permits issued concurrently with establishment of those districts shall be valid as specified in §59(b).

Amended January 21, 2021

1. Minor modifications in conditional district standards that do not involve a change in uses permitted or the density of overall development permitted may be reviewed and approved administratively. For purposes of this section, minor modifications are those that have no discernible impact on neighboring properties, the general public, or those intended to occupy or use the proposed development. Discernible is defined as: recognized, understood; noticeable; evident; observable. A minor modification may include but is not limited to:
   1. A deviation of up to ten (10) percent of the approved:
      1. building location, dimensions, or height;
      2. number of buildings;
      3. setback from boundary lines;
      4. impervious coverage;
      5. landscaping screen;
      6. fence location;
      7. shade tree;
      8. number of trees to be removed;
      9. recreational facilities;
      10. open space;
      11. fee in lieu;
      12. traffic lane dimensions
      13. location of street placement;
      14. access location(s); and/or
      15. lot area and dimensions
   2. A deviation of up to twenty (20) percent of the approved building area; and/or
   3. A deviation of up to twenty-five (25) percent in the number of parking spaces approved.
2. Any other modification (major modification) or revocation of a conditional zoning or of the conditions and standards in a conditional district shall follow the same process for approval are applicable to zoning map amendments. If such requests are required to be acted upon by the town board, new conditions may be imposed in accordance with §330, but the applicant retains the right to reject such additional conditions by withdrawing his request for an amendment and may then proceed in accordance with the previously issued approval. A major modification shall include but is not limited to:
   1. Change in uses permitted;
   2. Change in the density of overall development;
   3. Change in approved conditions;
   4. Require a variance;
   5. Change the new impervious surface area to exceed seven (7) percent;
   6. Change the area of disturbance to exceed one (1) acre;
   7. Change plans to include a bridge; and/or
   8. Change plans to include public water, sewer, or streets
3. The administrator shall determine whether amendments are minor modifications. After a development approval has been issued, no deviations from the terms of the application or the development approval shall be made until written approval of proposed changes or deviations has been obtained.
4. A developer requesting approval of changes shall submit a written request for such approval to the administrator, and that request shall identify the changes. Approval of all changes must be given in writing.
5. If multiple parcels of land are subject to a conditional zoning approval, the owners of individual parcels may apply for modification of the approval or conditions so long as the modification would not result in other properties failing to meet the terms of the regulations or conditions.
6. Any modifications approved apply only to those properties whose owners petition for the modification.

Amended March 18, 2013, January 21, 2021

1. Duration of Approval.
   1. Conditional zoning approval issued shall expire two (2) years after the date of issuance if the work authorized by the approval has not been substantially commenced.
   2. The use authorized by such approval has not been substantially commenced:
      1. In circumstances where no substantial construction, erection, alteration, excavation, demolition, or similar work is necessary before commencement of such use; or
      2. Less than ten (10) percent of the total cost of the project has been incurred, including but not limited to, all land cost, planning, surveying, engineering, construction, erection, alteration, excavation, demolition, or similar work on any development authorized by such approval has been completed.
   3. The time periods set out in 160D-403(c) shall be tolled during the pendency of any declaratory judgment action.
   4. No work or activity authorized by any approval that has expired shall thereafter be performed until a new approval has been secured.
   5. Chapter 160D-403(c) shall not limit any vested rights secured by G.S. 160D-108.
2. Unless provided otherwise by Chapter 160D or other specific applicable law, if after commencement the work or activity is discontinued for a period of twelve (12) months after commencement, the approval shall immediately expire.
3. For purposes of this section, the conditional zoning approval is issued when the town board votes to approve the application.
4. Revocation. It is intended that property shall be reclassified to a conditional zoning district only in light of firm plans to develop the property. Therefore, the conditional zoning shall expire after one (1) years. If a conditional zoning is revoked by the Board of Commissioners, the property shall automatically revert back to the prior general use district. The owner of the property or his duly appointed representative, may petition for a new conditional zoning under the procedures outlined in this section.

Amended March 18, 2013, Amended January 21, 2021

See §49 in Article IV.

Amended January 21, 2021

1. If a development is constructed in phases or stages in accordance with this section, then, subject to §335(c), §43, and §49 (Performance Guarantees) shall apply to each phase as if it were the entire development.
2. As a prerequisite to taking advantage of the provisions of §335(a), the developer shall submit plans that clearly show the various phases or stages of the proposed development and the requirements of this ordinance that will be satisfied with respect to each phase or stage.
3. If a development that is to be built in phases or stages includes improvements that are designed to relate to, benefit, or be used by the entire development (such as a swimming pool or tennis courts in a residential development) then, as part of his application for development approval, the developer shall submit a proposed schedule or completion of such improvements. The schedule shall relate completion of such improvements to completion of one (1) or more phases or stages of the entire development. Once a schedule has been approved and made part of the approval by the Town Board, no land may be used, no buildings may be occupied, and no subdivision lots may be sold except in accordance with the schedule approved as part of the approval, provided that:
   1. If the improvement is one (1) required by this ordinance then the developer may utilize the provisions of §49,
   2. If the improvement is an amenity, not required by this ordinance, or is provided in response to a condition imposed by the board, then the developer may utilize the provisions of §49. Sidewalks shall be excluded from this provision.

Amended January 21, 2021

When the town board shall have denied an application for a conditional zoning amendment or the application shall have been withdrawn by the applicant by written notice after the publication of the public hearing, the Town Planner shall not accept another application for the same or similar development affecting the same property or portion thereof, until the expiration of a twelve (12) month period extending from the date of denial or withdrawal as appropriate. Nothing in this section, however, shall prohibit the Town Board or Planning Board from initiating an amendment for any property at any time.

Amended January 21, 2021

The recipient of any conditional zoning, or his successor, shall be responsible for maintaining all common areas, improvements, sidewalks, curb ramps and landing, or facilities required by this ordinance or any permit issued in accordance with its provisions, except those areas, improvements, or facilities with respect to which an offer of dedication to the public has been accepted by the appropriate public authority. As illustrations, and without limiting the generality of the foregoing, this means that private roads and parking areas, water and sewer lines, and recreational facilities must be properly maintained so that they can be used in the manner intended, and required vegetation and trees used for screening, landscaping, or shading must be replaced if they die or are destroyed.

Amended January 21, 2021