Administration 15.15 Conditional Zoning
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under the general policies of this ordinance without the constraints of some of the prescribed standards guiding by-right development. Conditional zoning may be requested in any district but is not intended to relieve hardships that would otherwise be handled using a variance procedure.
15.15.1. Application Procedures A. Process Types: Legislative B.
Applicant and Property: Conditional zoning shall only be considered upon the request of the owners and/or their representatives of all the property to be included in the specific Conditional District. A Conditional District shall consist of land under unified control which may be planned and developed as a single development or as an approved programmed series of development phases by multiple developers. "Unified control" means that all land to be included within a Conditional District shall be owned or otherwise under the legal control of the applicant for a conditional zoning request. The applicant shall be legally capable of providing a commitment to the town that the Conditional District development will comply with all documents, plans, standards, and conditions ultimately approved by the town. C. Fair and Reasonable Conditions: Within an approved Conditional District, no use shall be permitted except pursuant to the conditions imposed by the applicant on the Conditional District in the approval of the rezoning. All conditions shall be in writing and signed by all property owners. The Board of Commissioners and the applicant may mutually agree to additional reasonable and appropriate conditions or safeguards to serve the purpose and intent of this section, and to preserve public welfare, and justice. The provisions of the Conditional District Master Plan shall replace all conflicting development regulations set forth in this ordinance which would otherwise apply to the development site. The Planning Board may recommend and the Board of Commissioners (with mutual approval of the applicant) may attach reasonable and appropriate conditions including, but not limited to, the location, nature, hours of operation, and extent of the proposed use(s). Conditions and site-specific standards shall be limited to those that address conformance of the development and use of the site to this ordinance and officially adopted plans and those standards and conditions that address the impacts reasonably expected to be generated by the development and use of the site. The applicant will have a reasonable opportunity to consider and respond to any conditions and site-specific standards proposed by either the Planning Board or the Board of Commissioners prior to final action. D. Content of Application: A conditional zoning shall consist of the Existing Conditions Map (15.4.1), written and signed conditions, and Master Plan (15.4.3); as well as any other plans, drawings, renderings, elevations, maps and documents specifically included as development documents for approval by the Board of Commissioners. The Conditional District Master Plan is a site specific that is a condition of the conditional zoning. In addition to those items required for Master Plans in Section 15.4.3, a Conditional District Master Plan shall, at a minimum, illustrate the following: 1. The underlying zoning districts and a full list of proposed uses consistent in character with those zoning districts. Such use classifications may be selected from any of the uses, whether permitted, by right or with supplemental standards, allowed in the general zoning district upon which the Conditional District is based. Uses not otherwise permitted within the general zoning district shall not be permitted within the Conditional District; 2. General traffic routes (external and internal) to and from the development with major access points identified; 3. Tabular data, including the range and scope of proposed land uses, proposed densities, floor area ratios and impervious surface ratios as applicable to
Town of Wake Forest Unified Development Ordinance – July 19, 2022
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