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34 <br /> • Eliminating the option for a "Conditional Use District" (CUD) from the UDO. Processing <br /> CUD applications are reviewed using a mixture of legislative and quasi-judicial <br /> processes, which can result in much confusion. Eliminating this type of process was <br /> one of the impetuses for the modernization of the statutes. In the 2000's, the NC <br /> General Assembly amended the statutes to allow for "Conditional Zoning Districts" <br /> which, arguably, negated the need for CUDs. (As a note, "conditional zoning districts" <br /> are now called "conditional districts" as a result of the terms used in NCGS Chapter <br /> 160D.) <br /> •Staff proposes to add two new Conditional Districts to the LIDO to replace the <br /> CUD — a residential conditional district (R-CD) and a non-residential <br /> conditional district (NR-CD). <br /> •Elimination of the CUD will result in a reorganization of how major subdivisions <br /> are defined in Article 7 and the review process followed, but the review and <br /> approving staff/boards remain the same. <br /> • Having just one class of Special Use Permit (SUP) and having SUPs heard and decided <br /> upon only by the Board of Adjustment (BOA) as the BOA is best suited to conduct <br /> quasi-judicial matters. <br /> •There are currently Class A and Class B SUP uses. Class A uses are heard by <br /> the Board of County Commissioners (with a recommendation by the Planning <br /> Board) and Class B uses are heard by the BOA. <br /> •Instead of having the BOCC conducting quasi-judicial matters, uses that <br /> currently require a Class A SUP would instead be approved via new <br /> conditional districts, which are legislative decisions. The BOCC would still be <br /> the decision-maker for these uses, with review and recommendation by the <br /> Planning Board, only the review process is different. <br /> ■ The one exception to this is for "Short Term Rental, Large — Host <br /> Occupied" <br /> • Current Class A SUP use in AR & R-1 proposed to remain a SUP <br /> use in these districts. These potential uses are defined as <br /> providing more than three guestrooms for up to one week of <br /> rental or lease. The host-occupied nature of the use does not <br /> seem to warrant discontinuation of an SUP option in the AR & <br /> R-1 districts. Review/decision would change from BOCC to <br /> BOA. <br /> • Additionally, could be reviewed via a conditional district which <br /> would be reviewed by the BOCC. (As a note, many uses have <br /> more than one way to be approved, as denoted in the Table of <br /> Permitted Uses [Section 5.2 of UDO]). <br /> •The draft PowerPoint presentation in Attachment 6 includes charts listing the <br /> uses that currently require Class A and Class B Special Use Permits. <br /> •Note: This is an aspect of the amendments that is not strictly required by <br /> Chapter 160D but is a best practice in North Carolina and recommended by <br /> the County's legal staff. <br /> As noted above, amendments to Appendix F of the Comprehensive Plan and to the Planning <br /> Board's and Board of Adjustment's Rules of Procedure are necessary as a result of the LIDO <br /> amendments. The proposed amendments to the Comprehensive Plan are included in <br /> Attachment 2 while the Planning Board's Rules of Procedure amendments are in Attachment 3. <br />