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(A) All standards and requirements that apply to the corresponding general use district shall apply to the conditional use district.
(B) Conditions imposed on a conditional use district may be no less restrictive than those standards applying to the corresponding general use district.
(C) Existing conditional use limitations in a conditional use district shall become null and void if future amendments to this Ordinance require stricter standards than those imposed under existing conditional use zoning.
(D) In some cases, the ability to implement or strictly follow approved conditional use zoning conditions can be problematic (e.g., conditions requiring specimen trees to be preserved, but the trees have subsequently died due to natural causes following the approval). In such cases, the Planning Director shall implement the condition in a way that most closely meets its original intent. These situations include, but are not limited to:
(1) Undisturbed buffers/streetscapes required by condition that may be beyond the Town's ability to implement due to road widenings, utility relocation, driveways and/or clear sight distance areas;
(2) Specimen or champion trees required by condition to be preserved, but that have been removed due to natural consequences or infrastructure relocation.
The Director may decide to permit re-vegetation when such conditions exist depending upon the extent of the disturbance, the size and quality of the existing vegetation remaining and the long term viability/benefit of retaining the existing vegetation verses re-forestation.
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