Appendix 3202. Application and review process.

The following process applies to the conditional use district:

3202.1. Application. Rezoning petitions to establish a conditional use district must be submitted to the Carteret County Planning Department and will be processed in accordance with the procedure for zoning amendments described in Chapter 1300, as well as the provisions of this section. A conditional use district classification will be considered only if the application is made by the owner of the property or his/her authorized agent. All applications must include a schematic plan drawn to scale and any supporting text for the ordinance amendment. The applicant should include at least the items listed below:

.01

A boundary survey showing the total acreage, present zoning classification(s), date and North arrow;

.02

The owners' names, addresses, and the tax parcel numbers of all abutting properties as shown on the tax records of Carteret County;

.03

All existing easements, reservations and rights-of-way and all yards required for the zoning district requested;

.04

Proposed use of land and structures. For residential uses, this should include the number of units and an outline of the area where the structures will be located. For nonresidential uses, this should include the approximate square footage of all structures and an outline of the area where the structures will be located; and

.05

Traffic, parking and circulation plans, showing the proposed locations and arrangement of parking spaces and access points to adjacent streets.

3202.2. Additional requirements. It may be necessary to request additional information in order to evaluate a proposed use and its relationship to the surrounding area. Therefore, the planning commission and/or board of county commissioners may request additional information as they deem necessary. This information may include, but is not limited to, the items listed below:

.01

Proposed screening, including walls, fences or planting areas as well as treatment of any existing natural features;

.02

Delineation of areas within the regulatory flood zone as shown on the official FEMA flood zone maps for Carteret County;

.03

Existing and proposed topography at 2-foot contour intervals or less;

.04

Generalized information on the number, height, size and the location of structures;

.05

Proposed number and location of signs;

.06

Proposed phasing, if any, and approximate completion time of the project.

The application for [the establishment of] a conditional use district must contain information and/or site plans which indicate all of the principal and accessory uses which are proposed to be developed on the site. Subsequent to the approval of a conditional use district, only those principal and accessory uses indicated on the approved plan may be constructed on the site. Any substantial modifications to an approved plan, including any changes in the permitted principal or accessory uses, must comply with the provisions of section 3202.5.

3202.3. Review and approval. In considering an application for the establishment of a conditional use district, the board of county commissioners may attach reasonable and appropriate conditions to the location, nature and extent of the proposed use. Any conditions should relate to the relationship of the proposed use to surrounding property, proposed support facilities such as parking, screening and buffer areas, the timing of development and other matters that the board may find appropriate or the petitioner may propose. The conditions may not include architectural review or controls. The petitioner will have a reasonable opportunity to consider and respond to any such additional requirements prior to final action by the board of county commissioners. If any conditions are included as part of the rezoning, the petitioner shall agree in writing to all applicable conditions within 30 days of the decision. The conditional use approval will not become effective until such written agreement is recorded in the Carteret County Register of Deeds. If the petitioner does not agree to the conditions in writing within 30 days following the date of the decision, the conditional use permit will be deemed null and void.

In evaluating an application for the establishment of a conditional use district, it is appropriate for the board of county commissioners to consider the following:

.01

The policies and objectives of the Carteret County Land Use Plan, particularly in relation to the use, proposed site and surrounding area;

.02

The potential adverse impacts to the surrounding area, of, but not limited, to traffic, storm water drainage, land values and compatibility of land use activities.

In the review and approval of a conditional use district, emphasis will be given to evaluation of the characteristics of the specific use proposed in relationship to surrounding properties. The board of county commissioners may also consider the permitted and special uses allowed under the existing zoning classification in determining the appropriateness of the conditional use rezoning proposal.

3202.4. Effect of approval. If an application is approved, the conditional use district that is established and all conditions which may have been attached to the approval are binding on the property. All subsequent development and use of the property must be in accordance with the approved plan and conditions.

The intent of this type of zoning is to provide an alternative procedure for specific development proposals. It is intended that all property be rezoned only in accordance with firm plans to develop. Therefore, three years from the date of approval, the planning commission will examine development progress made in accordance with approved plans to determine if active efforts are proceeding. If it is determined by the planning commission that active efforts to comply with the approved plan are not proceeding, a report will be forwarded to the board of county commissioners which may recommend that action be initiated to remove the conditional district in accordance with the amendment procedures outlined in section 1300.

3202.5. Alterations to an approved conditional use district. Changes to approved plans and conditions of development will be treated the same as changes to the zoning map and will be processed as an amendment as provided for in section 1300. However, minor changes in the detail of the approved plan which will not alter the basic relationship of the proposed development to adjacent property, which will not alter the uses permitted or increase the density of development, and which will not decrease the off-street parking ratio or reduce the yards provided at the boundary of the site may be approved by the planning director without going through the amendment process. The planning director, at his (her) discretion, may elect not to allow any proposal as a minor change and will, in that event, forward the detailed application for changes to the planning commission and/or board of county commissioners for their consideration.

3202.6 Issuance of a conditional use permit. If a petition for a conditional use district is approved, the board of county commissioners will issue a conditional use permit authorizing the use with any reasonable conditions that the board of county commissioners determines are necessary in promoting public health, safety and general welfare and any other conditions deemed necessary. The conditional use permit shall become effective after being duly recorded in the Carteret County Register of Deeds.

(Ord. of 10-19-09(7); Ord. of 7-19-10(4))