Orange County NC Website
3 <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 />~~ <br />The Orange County Board of Commissioners and the Chapel Hill Town Council have <br />discretionary authority to approve or deny a rezoning request. <br />Existing Zoning <br />The site is presently zoned Residential-1 (R-1), Residential-2 (R-2), and Mixed-Use <br />Office/Institutional-1 (MU OI-1), which is aloes-density residential zoning district, amedium- <br />density residential zoning district, amix-use office/institutional zoning district respectively. <br />The Residential-1 (R-1) zoning district requires a minimum of 17,000 square feet of gross land <br />area for asingle-family house, and 29,040 square feet for atwo-family use. If the site is 5.0 acres <br />or larger in size, then multi-family development is allowed in the Residential-2 district as part of <br />a Planned Development-Housing approved by the Council, at a maximum density of 3.0 dwelling <br />units per acre. <br />The Residential-2 (R-2) zoning district requires a minimum of 10,000 square feet of gross land <br />area for asingle-family house, and 21,780 square feet for atwo-family use. If the site is 5.0 acres <br />or larger in size, then multi-family development is allowed in the Residential-2 district as part of <br />a Planned Development-Housing approved by the Council, at a maximum density of 4.0 dwelling <br />units per acre. <br />The Mixed-Use Office/Institutional-1 (MU OI-1) zoning district allows a mix of residential, <br />office and commercial uses when the site is comprised of a minimum of 20 acres. The Mixed- <br />Use Office/Institutional-1 portion of the assemblage is less than 20 acres and therefore only <br />