Agenda - 11-19-2007-2 - Laserfiche WebLink

Browse Search

a The major difference between the CUD and the CZD process is that the CZD process does not require the issuance of a permit by the governing body, as is normally required under the PD process. The implementation of the CZD process provides an opportunity for the County to consider providing asingle-step legislative rezoning process when an applicant requests a rezoning of a particular parcel to a `floating' conditional use district. Planned Development/Conditional Use Districts (CUD): As previously indicated, the County currently employees a variation of the CUD permitting process within the Planned Development (PD) process contained within Article Seven (7) of the Zoning Ordinance. Through this process, a property owner requests the development of a specific use, currently listed as a permitted or special use of property within the Table of Permitted Uses of the Zoning Ordinance, on a specific parcel of property. This process requires a two (2) step approval process, specifically: a legislative rezoning approval and a quasi judicial permit approval. The current process, however, is not completely consistent with the existing Conditional Use permitting process as outlined within the NCGS. North Carolina General Statutes (NCGS) require that, through either the CUD or CZD process, specific conditions may be suggested by the owner or the government but that only those conditions mutually acceptable to both parties may be incorporated into the ordinance or individual permit involved. The NCGS also provide that any conditions or site-specific standards imposed are limited to those that address: 1. The conformance of the development and use of the site to city or county ordinances and officially adopted plans, and 2. The impacts reasonably expected to be generated from the development or use of the site. These provisions regarding conditions and standards apply to both conditional zoning and to special and conditional use district zoning. Recent work on planning studies, most notably the NC 57 Speedway Area Small Area Plan and the Agricultural Support Services manual, has indicated to staff that there may be a need to implement the CZD process within the County. Staff has also determined that there is a need to update the existing PD process in order to make it more consistent with existing State guidelines governing the use of CUD's. New Zoning Construct Organization: Staff is currently working on the following: 1. The revision of Article Seven (7) Planned Development Districts to incorporate recent changes to NCGS concerning the use of the CUD permitting process. This Article is currently proposed to be renamed `Article Seven-A (7-A) Conditional Use Districts'. 2. The creation of a new Article, Seven-B (7-B), establishing the CZD process as outlined herein.