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(A) Purpose of Conditional Use Districts
If the regulations and restrictions of a general use zoning district are inadequate to ensure the compatibility of the proposed development with the immediately surrounding neighborhood in accordance with the principles of the Comprehensive Plan and this Ordinance, the property owner may apply for rezoning to a conditional use district that bears the same designation as a general use zoning district but is subject to additional conditions in which limited uses are permitted and that are contained in a conditional use permit.
(B) Process Required
A person petitioning for rezoning of a tract of land may elect to request a conditional use district for that tract. The conditional use district petition must specify the actual use or uses, and all other development regulations authorized by state law, which are intended for the property specified in the petition. The intended use or uses and development regulations must be permitted in the corresponding general use district. The Town Council is to approve or disapprove the petition on the basis of the specific use or uses and development regulations requested. Development in a conditional use district requires approval of a single application similar to a general use district rezoning application, which shall be reviewed by the Town Council through a legislative process.
(1) Conditional Use Rezoning Process
Rezoning to a conditional use district shall require submission and approval of an application for a rezoning in accordance with the general procedures set forth in Section 3.4.1, as modified by this Section 3.4.2. A rezoning to a conditional use district may be initiated only by an application signed by all of the owners of the property or by an agent authorized by all of the owners to file such application. If the petition is approved, the Town Council shall issue a conditional use permit authorizing the requested use with such reasonable conditions as determined to be desirable in promoting public health, safety and general welfare.
(C) Conditions
(1) The conditional use permit application shall specify the use or uses that are intended for the property, as well as any additional conditions on the use of the property that the applicant may propose be attached to the permit. Conditions are limited to:
(a) Those that address conformance of
the development and
use of the site to
ordinances and officially adopted plans and
(b) Those that address the impacts reasonably expected to be generated by the development and use of the site.
(2) No condition shall be less restrictive than the standards of the parallel general use district or the standards of any overlay district that applies to the property.
(3) No condition shall be made part of the application, or shall be attached to approval of the conditional use district, which specifies the ownership status, race, religion, or character of the occupants of housing units, the minimum value of improvements, or any other exclusionary device; or which states that the use of the property will not be subject to regulations or restrictions set forth in this Ordinance which would apply to the property in any event, such as the regulations for an overlay district which covers the property.
(4) After the Town has delivered to the newspaper the notice of public hearing for the application, the applicant shall make no changes in the conditions that are less restrictive than those stated in the application, including, but not limited to, smaller setbacks; more dwelling or rooming units; greater height; more access points; new uses; and fewer improvements. However, more restrictive conditions or additional conditions may be added to the application if such conditions are received by the Planning Department in writing and signed by all owners of the property at least ten working days before the date scheduled for final Town Council action on the application.
(D) Changes to Conditions of Approved Conditional Use Permit
Any change to the conditions attached to an approved conditional use permit shall be considered a change to the permit and shall be processed as a new conditional use permit in accordance with the procedures set forth in this Section 3.4.2.
Cary, NC Land Development Ordinance On-line VIC Version - This site last updated 3/4/2008
Note: This is not the official version of the Cary Land Development Ordinance