(a)

Generally. Conditional Districts are districts with conditions voluntarily added by the applicant and approved in a legislative procedure by the board of aldermen in accordance with G.S. 160D-501.

(b)

Restrictions on filing of applications. Conditional Districts provide for orderly and flexible development under the general policies of this ordinance without the constraints of some of the prescribed standards guiding by-right development. Because Conditional District developments are constructed in a comprehensive manner, they can establish their own building, street, block, and lot pattern which may be unique from other surrounding blocks or neighborhoods. This Conditional District may be used in any district but is not intended to relieve hardships that would otherwise be handled using a variance procedure.

(c)

Content of applications and conditions. Within an approved Conditional District, no use shall be permitted except pursuant to the conditions imposed by the applicant on the Conditional District in the approval of the rezoning. The board of aldermen and the applicant may mutually agree to additional reasonable and appropriate conditions or safeguards to serve the purpose and intent of this section, and to preserve public welfare, and justice. The applicant/property owner's written consent to any related conditions must be provided to ensure enforceability. The provisions of the Conditional District master plan shall replace all conflicting development regulations set forth in this ordinance which would otherwise apply to the development site. The planning board may recommend and the board of aldermen (with mutual approval of the applicant) may attach reasonable and appropriate conditions including, but not limited to, the location, nature, hours of operation, and extent of the proposed use(s). Conditions and site-specific standards shall be limited to those that address conformance of the development and use of the site to this ordinance and officially adopted plans and those standards and conditions that address the impacts reasonably expected to be generated by the development and use of the site. The applicant will have a reasonable opportunity to consider and respond to any conditions and site-specific standards proposed by either the planning board or the board of aldermen prior to final action

(d)

Review procedure.

(1)

Conditional District rezoning requests shall be processed in the same legislative process as a general zoning map amendment/rezoning request in Section 42-363.

(2)

A Conditional District shall consist of an existing conditions map and general site master plan; as well as any other plans, drawings, renderings, elevations, maps and documents specifically included as development documents for approval by the board of aldermen. The conditional district master plan, is a site specific that is a condition of the Conditional District rezoning. A Conditional District master plan shall, at a minimum, illustrate the following:

a.

The underlying zoning districts and a full list of proposed uses consistent in character with those zoning districts. Such use classifications may be selected from any of the uses, whether permitted, by right or with supplemental standards, allowed in the general zoning district upon which the Conditional District is based. Uses not otherwise permitted within the general zoning district shall not be permitted within the Conditional District;

b.

General traffic routes (external and internal) to and from the development with major access points identified;

c.

Tabular data, including the range and scope of proposed land uses, proposed densities, floor area ratios and impervious surface ratios as applicable to development type; and land areas devoted to each type of general land use and phase of development;

d.

A proposed development schedule if the project is to be phased.

(Ord. No. 2007-2, § 156.064, 11-26-2007; Ord. No. (2021)1, 6-28-2021)

(a)

Generally. This conditional zoning district incorporates the provisions of section 42-138, Conditional District, in its entirety. In addition, the restrictions and requirements set forth below shall be considered minimum standards and must be adhered to or exceeded.

(b)

Minimum standards for application. The following are the minimum standards that must be met prior to submission of an application for this district:

(1)

The subject property must be served by public or community water and sewer;

(2)

The subject property must have permitted access to a public paved street that can support the development; and

(3)

The subject property must be at least ten acres.

(c)

Uses allowed. The intent of this district is to allow for flexibility of development; however, unless a use not listed below is specifically requested by the applicant and [is] approved by the board of aldermen, all uses within the district shall be limited to the following:

(1)

Any residential use except manufactured homes and manufactured home parks;

(2)

Allowed office and nonresidential uses in the O & I Office and Institutional District, CB Central Business District, and C1 Local Business District; and

(3)

Allowed uses from the C(P) Planned Commercial District are as follows:

a.

Eating or drinking facilities (drive-ins included);

b.

Fur sales, including cold storage;

c.

Janitorial service;

d.

Recreation or amusement enterprise conducted outside a building and for profit, and not otherwise listed herein;

e.

Theater productions, outdoor;

f.

Upholstering or furniture refinishing; and

g.

Vehicle (commercial, government) repair or storage.

Any combination of the above nonresidential allowed uses shall not exceed 50 percent of the total land area within the district for nonresidential development.

(d)

Development performance standards.

(1)

Calculation of area. Prior to submission for approval, the developer shall ensure the following calculations for land uses are provided for and clearly shown on the site plan:

a.

Fifteen percent of the land area for the entire development shall be subtracted out of the overall acreage prior to any other calculations and shall be reserved as open space; and

b.

After deduction of open space is completed, all acreage devoted to vertical mixed use, provided only residential use occurs above the first floor, shall be subtracted out of the remainder; then

c.

The resultant acreage shall be the basis for calculation of the percentages for the 50 percent commercial and residential calculations.

(2)

Open space provisions.

a.

Fifteen percent of the land area is to remain undeveloped (in its natural state), unless developed recreational facilities are specifically requested in the application and shown on the site plan and approved by the board of aldermen upon their consideration of the recommendation from the planning board;

b.

The open space portion of the tract must be in one contiguous piece or if not, receive a favorable recommendation from the planning board and approved by the board of aldermen; and

c.

The open space shall be secured by a recorded conservation easement and maintained as common area by an owners' association in the same manner as prescribed in chapter 36 for common area in zero lot line developments, or owned by a public or nonprofit organization (i.e., governmental entity, land trust, conservancy, etc.) provided that this manner of ownership is approved by the board of aldermen after their consideration of the planning board's recommendation.

(3)

Development standards.

a.

A site plan including all information required for detailed site plans enumerated in section 42-167 shall be submitted with the application. In addition, the site plan shall include the street layout, all proposed means for pedestrian and vehicle movement, including any alleys, public/private access to open space, etc. The site plan must be detailed and strictly adhered to.

b.

Half of the proposed residential development, excluding vertical mixed use, shall have been issued a certificate of occupancy or a guarantee have been posted in the form of a bond or irrevocable letter of credit and approved by the town attorney, with the estimated cost of construction being approved by the town engineer, in the same manner as required by chapter 36 for guarantee of improvements (section 36-32), prior to the completion of the approved commercial portion of the plan. In the event the developer fails to complete the residential portion of the development, the funds from the guarantee shall be used toward recouping any legal cost associated with enforcement of the permit and toward construction of any improvement within the development reasonably necessary to provide for the safety, health, and welfare of the public.

c.

All development within the district must meet any height restrictions imposed by the military, airports and the Federal Aviation Administration.

d.

The district dimensional requirements, including minimum lot size, setbacks, and density restrictions of section 42-192 shall not apply within the district; however, all periphery setbacks shall be that of any adjoining zoning district.

e.

Sidewalks shall be provided in accordance with the standards of chapters 34 and 36.

f.

The site plan shall indicate the minimum and maximum number, size, and location of parking spaces. In the event the applicant desires approval of parking in a manner not generally authorized by this chapter, the specific details, i.e., dimensions, shape, location, must be provided on the site plan. Unless otherwise specifically approved by the board of aldermen, parking must comply with article X of this chapter, Off-Street Parking and Loading.

g.

All utilities except for high voltage electric lines (25kv or greater) shall be placed underground within the district.

h.

Streets and drives shall comply with town and/or state department of transportation standards, whichever is applicable, and must be capable of carrying the projected traffic volumes.

i.

All signage within the district shall comply with article XI of this chapter, Sign Regulations, unless specifically approved as part of a Conditional District. In the event the applicant desires approval of signage in a manner not generally authorized by this chapter, the specific details, i.e. sign area, setbacks, height, etc., must be provided with the application and site plan.

j.

Landscaping and buffering shall be provided in accordance with the standards of article IX of this chapter, Landscape Requirements. The location and type of buffering and landscaping must be provided on the site plan.

k.

Developments submitted for approval under this chapter are exempt from the parks, recreation, and open space provisions required by section 36-65 of the town's subdivision regulations.

(4)

Other applicable provisions. In addition to the above requirements and all conditions placed on the district, the developer shall ensure the following:

a.

All water supply watershed requirements shall be complied with, where applicable;

b.

Compliance with the highway plan;

c.

The plans must be in harmony with the town's adopted comprehensive plan and current adopted policies; and

d.

All other applicable federal, state, and local regulations are complied with.

(Ord. No. 2007-2, § 156.067, 11-26-2007; Ord. No. (2021)1, 6-28-2021)

(a)

Purpose. This district encourages the development of residential land in such a manner as to provide a more desirable living environment characterized by a variety of housing types in order to best meet the demand of all people, allow methods by which land and facility costs can be reduced on a per unit basis so that more people can afford better living conditions, and may include limited commercial facilities to meet the needs of surrounding residents.

(b)

Submission of preliminary sketch; restrictions, standards for rezoning of use district. The developer is strongly encouraged to submit a preliminary sketch of the proposed planned neighborhood development (PND-CD) plan and to work closely with the administrative officer prior to submission of any application and site plan for rezoning to this Conditional District. This zoning district incorporates the provisions of section 42-138, Conditional District, in its entirety. In addition, the restrictions and standards set forth below shall be considered minimum standards for the Conditional District and must be satisfied or surpassed.

(c)

Minimum standards for application. The following are the minimum standards that must be met prior to submission of an application for this district:

(1)

The subject property must be served by public or community water and sewer;

(2)

The subject property must have permitted access to a public paved street that can support the development; and

(3)

The subject property must contain at least 50 contiguous acres under one ownership or control. An area shall be deemed contiguous which is composed of one un-separated continuity of land; or is separated by street rights-of-way to which abutting property has direct access rights; or is separated by minor streams, creeks, other bodies of water or railroad rights-of-way across which vehicular crossings are feasible and practicable and which will be provided for in the PND-CD plan.

(d)

Uses allowed. The following uses are permitted subject to restrictions placed on the PND-CD by the planning board and/or board of aldermen, and as agreed to by the record property owner(s):

(1)

Any residential use permitted in the R10 zoning district, including a variety of single-family, multifamily, patio homes, townhouses, condominiums and zero lot line developments;

(2)

Allowed office and nonresidential uses in the O & I Office and Institutional District, CB Central Business District, and C1 Local Business District; and

(3)

Allowed uses from the C(P) Planned Commercial District are as follows:

a.

Eating or drinking facilities (drive-ins included);

b.

Fur sales, including cold storage;

c.

Janitorial service;

d.

Recreation or amusement enterprise conducted outside a building and for profit, and not otherwise listed herein;

e.

Theater productions, outdoor;

f.

Upholstering or furniture refinishing; and

g.

Vehicle (commercial, government) repair or storage.

(e)

Development standards.

(1)

Land use proportions.

a.

Nonresidential uses. A maximum of five percent of the gross land area of the development may be devoted to such convenience nonresidential uses as listed in subsection (d) of this section, with no one tract to exceed ten acres. If more than one tract of land is proposed for nonresidential uses, no one tract shall be less than two acres and all tracts shall be separated from each other by at least one-quarter mile measured in a straight line.

b.

Residential uses. The maximum density of residential units per acre of the gross land area shall be six, except as provided below. In determining the maximum number of units, the acreage denoted to nonresidential uses shall not be included. The nonresidential land area may be proportioned if the developer wishes (i.e., 3¾ percent commercial and 6½ units per acre of gross land area; 2½ percent commercial and seven units per acre of gross land area; 1¼ percent commercial and 7½ units per acre of gross land area). In lieu of all nonresidential development, a developer may increase the maximum residential density not to exceed eight units per acre of gross land area.

(2)

Open space and recreational facilities.

a.

Where the town's parks and recreation master plan or any other plan of the town adopted after the effective date of this amendment identifies land in the proposed PND-CD as a proposed recreation area, a minimum of 15 percent of the gross land area to be committed to the PND-CD shall either be placed in an owners' association, under the same provision and conditions as provided for in chapter 36, or be dedicated to the town for use as parks, recreation areas, and open space. At least 50 percent of the area offered for dedication must be suitable for recreational use. The board of aldermen, after their consideration of the planning board's recommendation, shall determine that the quality and location of the land to be dedicated is sufficient to serve the PND-CD.

b.

The entire dedication may be made when the preliminary plat is presented to the board of aldermen; or, if the development is to be accomplished through a series of stages, the open spaces may be dedicated in parts proportionate to the number of units to be developed as approved in the PND-CD plan. No parcel of land dedicated shall be less than one contiguous acre, must be acceptable to the board of aldermen, and all such areas shall be physically a part of the PND-CD. Detached single-family dwelling units are exempt from any further open space dedication requirements of chapter 36. Residential group developments must provide the recreation areas required by chapter 36. When according to officially adopted town plans, no land is required for recreation purposes, 15 percent of the land shall be either placed in an owners' association, under the same provision and conditions as provided for in chapter 36; the land shall be dedicated to the town for use as parks and recreation and open space; or a fee shall be paid to the town for the acquisition of land for recreation purposes in accordance with the provision of chapter 36. The board of aldermen shall decide which option is appropriate. If a fee is required, it shall be equivalent to 15 percent of the tax-assessed value of the land contained in the PND-CD. The entire dedication of land or fee may be made at the time the preliminary plat is presented for approval or may be made in proportion to the number of units to be developed of the total approved for the PND-CD. A fee in lieu does not entitle the PND-CD to additional residential units or commercial acreage.

(3)

Landscaping and buffering requirements. Landscaping and buffers complying with the provisions of article IX of this chapter shall be provided. The board of aldermen, on their own merit or upon consideration of a recommendation from the planning board, may require additional buffering, when the proposed nonresidential area abuts land not included in the development plan and the required buffer would not protect the adjoining properties from the nonresidential character of the uses.

(4)

Off-street parking and loading spaces. Off-street parking and loading spaces shall be provided as required for the specific uses and design criteria in article X of this chapter.

(5)

Sign regulations. All signage shall comply with the standards enumerated in article XI of this chapter, with nonresidential uses not exceeding the standards for the C1 zoning district.

(6)

Dimensional provisions. Residential uses shall meet or exceed the minimum standards for setbacks of the R10 Residential District along all public streets and on the periphery of the development. All nonresidential uses shall observe the yard regulations for the C1 zoning district along the public streets and on the periphery of the PND-CD.

(7)

Schedule of development. Development of the nonresidential portion of a PND-CD shall not commence until the following schedule of the number of residential units approved for the PND-CD have been developed:

(f)

Contents of application. In addition to the requirements of section 42-138(c), the application shall include the following:

(1)

General site plan indicating the proposed land use areas including residential, nonresidential, open space and recreational, and other public facility areas to be developed for the entire site;

(2)

The proposed density pattern for the entire area, and the housing type to be used in each area (i.e., multifamily, single-family attached, single-family detached);

(3)

The primary and collector streets including thoroughfares on the adopted highway plan and any other adopted plans of the town;

(4)

The proposed uses for the nonresidential area(s);

(5)

Floodplain areas where applicable;

(6)

Legal description of the boundary of the PND-CD plan area and each proposed housing area in the PND-CD plan; and

(7)

The names and addresses of adjoining property owners.

(g)

Site plan and subdivision approval. After approval of the PND-CD from the board of aldermen and prior to issuance of any zoning or building permit, the developer shall submit for preliminary and final approval of each segment of the plan, meeting conditions of the approval for review for compliance by the administrative officer.

(h)

Amendments. Amendments to an approved PND-CD plan shall be processed in the same manner as the original application. In considering the approval of an amendment to a permit, consideration shall be given to the effect the amendment may have on any other portion of the PND-CD.

(Ord. No. 2007-2, § 156.068, 11-26-2007; Ord. No. (2021)1, 6-28-2021)

(a)

Purpose. Density Development/Conditional Districts are intended to promote and encourage the preservation of open space within the town while at the same time providing for the residential development of land.

(b)

Submission of proposed development sketch; restrictions, standards for Conditional District. The developer is strongly encouraged to submit a preliminary sketch of the proposed development and to work closely with the administrative office prior to submission of any application and site plan for rezoning to this Conditional District. This zoning district incorporates the provisions of section 42-138, Conditional District, in its entirety. In addition, the restrictions and standards set forth below shall be considered minimum standards for the Conditional District and must be satisfied or surpassed.

(c)

Development standards.

(1)

Development area. All building sites will be restricted to 60 percent of the total tract with the remaining 40 percent designated as open space.

(2)

Density. All developments approved under this section may provide for equal to or less than the density of the requested parallel zoning district as allowed for in section 42-192.

(3)

Building sites. The building site shall be that property intended for conveyance to a fee simple owner after the construction thereon of residential structures and shall be sufficient in size to accommodate the structures intended to be constructed thereon, any accessory structures, and provisions for utilities, whether public or private.

(4)

Yard regulations. The building sites shall be exempt from the yard regulations in 42-191, provided that all sites served by a public street shall provide for the minimum front yard setback and a minimum of ten-foot separation between structures shall be provided for all structures within the development. All periphery setbacks must be met along the perimeter of the development. Setbacks shall not include any of the buffer and/or open space areas as required by subsections (c)(5) and (c)(6) of this section.

(5)

Perimeter buffer. The entire development shall be buffered with a minimum of six feet in height and 20 feet in width vegetative strip of land, as described below, around the periphery and 40 feet in width along the frontage right-of-way. The buffer shall consist of natural topography and/or plantings as necessary to preserve or enhance the natural appearance of the area surrounding the development and the rights-of-way fronting the development, provided that:

a.

The application and site plan shall clearly reflect the buffer area and the developer's intentions regarding the buffer, including the location of and type of plant material proposed and assurance that any proposed plantings will be three feet in height at time of planting, to reach a height of six feet within three years, with sufficient plantings along any right-of-way to accomplish complete opacity within three years from time of planting. A berm or combination berm and plantings may also be used, provided an initial height of three feet is achieved with a total height of six feet within three years;

b.

Unless expressly agreed upon in advance and approved by the board of aldermen after consideration of the recommendation from the planning board, the developer shall not develop or alter the natural topography of the land within the buffer area. There shall be no cutting, removal of trees, or the disturbance of other natural features except as stated herein:

1.

As incidental to boundary marking, fencing, signage, installation of utilities, construction and maintenance of nature trails and public access allowed hereunder;

2.

Selective cutting and prescribed burning or clearing of vegetation and the application of usual and customary pesticides for fire containment and protection, disease control, restoration of hydrology, wetlands enhancement and/or control of non-native plants; and

3.

The developer chooses to use a berm or combination berm and plantings.

c.

The land area containing the perimeter buffer shall be permitted to count toward the 40 percent open space requirement, but shall not be considered as any portion of any required yard area;

d.

The perimeter buffer width may be reduced in width if adjacent to an existing and properly approved density development as a condition, provided the combined buffers satisfy the intent of this chapter and is found to be sufficient by the planning board and the board of aldermen; and

e.

The final approval of the sufficiency any perimeter buffer shall rest with the board of aldermen after their consideration of the recommendation from the planning board.

(6)

Open space provisions.

a.

The developer shall not develop or alter the natural topography of the designated open space unless improvements are clearly indicated on the application and site plan and approved by the board of aldermen after their consideration of a recommendation from the planning board.

b.

The open space land area shall adjoin the largest practical number of lots within the development and may, if proposed to be maintained by the developer or by an owners' association, restrict access to only the residents of the development.

c.

The open space land area shall be interconnected wherever possible to provide for a continuous network with such lands in adjacent developments.

d.

All open space shall be permanently restricted from future subdivision and other forms of development through a perpetual open space or conservation easement running with and appurtenant to title of lots in the development, and recorded in the county registry. The location of the easement shall be shown on the recorded plat and clearly depicted on the site plan. The conservation easement shall expressly provide that [the] town shall be an intended third-party beneficiary and shall have standing to both enforce any restrictions and to recover the costs of remedying any violation from any parties breaching the easement.

e.

Open space shall be preserved and used only for natural scenic, passive recreational, agricultural, pasture and/or meadow, forestry, wetlands, or horticultural uses.

f.

A property owners' association shall be created to maintain the open space and any common areas in the development, unless an alternative method of maintenance is approved by the board of aldermen upon recommendation of the planning board (such as, for instance, if the open space is conveyed by a perpetual conservation easement to a recognized nonprofit conservancy or other nonprofit organization established for ecological and/or environmental preservation).

1.

Membership in the property owners' association shall be mandatory for all property owners in the development.

2.

The property owners' association shall have the authority and duty to levy assessments, which shall be liens upon and run with the title to every lot within the development, to provide for maintenance of the open space and any other common areas in the development.

3.

The documents creating the property owners' association shall provide that they may not be amended except upon a vote of the owners representing at least three-quarters of the lots in the development.

4.

The town attorney shall approve the property owner's association documents, to include any articles of incorporation, bylaws, and/or declaration of restrictive covenants prior to final plat approval of any portion of the development.

5.

The property owners' association documents may provide or include mechanisms to allow the developer and/or seller of the property actively to use the open space for pasture or agricultural uses.

g.

The developer's intentions regarding the open space (e.g., whether to remain in its natural state, provide developed recreation facilities, timber harvesting, farmed, etc.) shall be clearly reflected in the application and on the site plan upon formal submission of the application.

(7)

Parks, recreation, and open space exemption. Developments submitted for approval under this section are exempt from the parks, recreation, and open space provisions contained within chapter 36.

(8)

Subdivision regulation compliance. All pertinent portions of chapter 36, the town's subdivision regulations shall be complied with.

(9)

Other applicable provisions. In addition to the above requirements and all conditions placed on the district, the developer shall ensure the following:

a.

All water supply watershed requirements shall be complied with, where applicable;

b.

Compliance with the highway plan;

c.

The plans must be in harmony with the most current comprehensive land use plan and current adopted policies;

d.

All other applicable federal, state, and local regulations shall be complied with.

(Ord. No. 2007-2, § 156.069, 11-26-2007; Ord. No. (2021)1, 6-28-2021)