Orange County NC Website
5 <br />jurisdiction of the Town it is intended that this chapter shall not be amended except: <br />a) to correct a manifest error in the chapter; or <br />b) because of changed or changing conditions in a particular area or in the <br />jurisdiction generally; or <br />c) to achieve the purposes of the Comprehensive Plan. <br />Article 4.4 further indicates: <br />It is further intended that, if amended, this chapter be amended only as reasonably <br />necessary to the promotion of the public health, safety, or general welfare, and in <br />conformance with the Comprehensive Plan. <br />As related to conditional use zoning, Article 4.4 of the Land Use Management Ordinance <br />stipulates that: <br />Pursuant to North Carolina General Statutes Section 160A -382, a request for <br />rezoning to a conditional use district may be made only by application from the <br />owner(s) of all the property included in the area proposed to be rezoned. An <br />application for rezoning to a conditional use district may include a request by the <br />property owner(s) to limit the uses allowed with approval of a Special Use Permit. <br />An application for rezoning to a conditional use district may be accompanied by <br />an application for a Special Use Permit, as provided in Section 4.5 of this Chapter, <br />and may be reviewed concurrently with the Special Use Permit application; <br />provided, however, that the Special Use Permit application shall be approved <br />separately as provided in Section 4.5 of this Chapter. <br />The Orange County Board of Commissioners and the Chapel Hill Town Council have <br />discretionary authority to approve or deny the rezoning request. <br />Existing Zoning <br />The site is presently zoned Residential -1 (R -1), which is a low- density residential zoning district. <br />The Residential -1 zoning district requires a 17,000 square feet minimum lot size and a density <br />cap of 3 units per acre. The applicant is proposing to rezone a 10,431 square foot portion of the <br />Residential-1 lot to Residential- Special Standards - Conditional. The rest of the lot will remain <br />Residential -1 zoning. <br />Proposed Amendment to the Joint Planning Area Zoning Atlas <br />The applicant has submitted a Zoning Atlas Amendment requesting that the site be rezoned from <br />Residential -1 (R -1) to the Residential- Special Standards - Conditional (R -SS -C) zoning district. <br />Discussion <br />5 <br />