Subpart B. Conditional Zoning Districts
Conditional Zoning Districts are created for the purpose of providing an optional rezoning choice where the owner of property proposes to rezone property and, in order to, among other reasons, carry out the purposes of the Comprehensive Plan, proposes to impose special limitations and conditions on the use of the property proposed for rezoning.
Conditional Zoning Districts are zoning districts in which the development and use of the property is subject to predetermined Chapter standards and the rules, regulations, and conditions imposed as part of the legislative decision creating the district and applying it to each individual development project.
A. Dimensional and Use Requirements. Each use proposed in a petition for a Conditional Zoning District shall, at a minimum, conform to the following dimensional and use requirements. In some cases, a specific use may be required to meet the Supplemental Requirements as set forth in §42-62 (Supplemental Requirements).
(1)Dimensional requirements for single and multifamily residential uses shall be the same as those found in the R1 District.
(2)If the subject area, or any portion thereof, is zoned R1, R2, R2R, R3, R4, R-40, WR or SW, then no conditional zoning shall be allowed to add additional uses beyond those otherwise allowed in the area as zoned. Dimensional requirements for non-residential uses shall be the same as those found in the LC District.
B. General Provisions.
(1)Site Plan. Major Site Plan required in accordance with §42-330 (Major Site Plan Review).
(2)All CD districts shall adhere to a site-specific vesting plan.
(3)Neighborhood Compatibility Meetings. A neighborhood compatibility meeting is required. See §42-372. Neighborhood Compatibility Meeting.
Certain types of zoning districts would be inappropriate at certain locations in the absence of special conditions. Some land uses are of a nature or scale that may have significant impacts on both the immediately surrounding area and the entire community, which cannot be predetermined or controlled by general district standards. There are also circumstances in which a general use district designation allowing such a use by right would not be appropriate for a particular property though the use could, if properly planned, be appropriate for the property consistent with the objectives of these regulations, the adopted Comprehensive Plan, and adopted district. The review process established in this section provides for the accommodation of such uses by a reclassification of property into a conditional zoning district, subject to specific conditions, which ensure compatibility of the use with the use and enjoyment of neighboring properties.
Where the applicant for rezoning desires property to be rezoned to such a district in such situations, the Conditional Zoning District is a means by which such special conditions can be imposed in the furtherance of the purpose of this Chapter and the recommendations of the Comprehensive Plan. The Conditional Zoning District classification will be considered for rezoning only with the consent of the property owner. If, for any reason, any condition imposed pursuant to these regulations is found to be illegal or invalid or if the applicant should fail to accept any condition, it is the intent of this Chapter that the authorization of such Conditional Zoning District shall be null and void and of no effect and that proceedings shall be instituted to rezone the property to its previous zoning classification.
Property may be rezoned to a Conditional Zoning District only in response to, and consistent with, a petition submitted by the owners of all of the property to be included in the district. A petition for conditional zoning must include a site plan, drawn to scale, and supporting information and text that specifies the actual use or uses intended for the property and any rules, regulations and conditions that, in addition to all predetermined requirements, will govern the development and use of the property.
Conditional Zoning District decisions are a legislative process subject to judicial review using the same procedures and standard of review as applicable to general use district zoning decisions. Conditional Zoning District decisions shall be made in consideration of identified relevant adopted land use plans for the area, including, but not limited to, the Comprehensive Plan, strategic plans, district plans, neighborhood plans, corridor plans, and other land-use policy documents.
In approving a petition for the reclassification of property to a Conditional Zoning District, the Planning Board may recommend, and the Board of Commissioners may request that reasonable and appropriate conditions be attached to the approval of the petition. Conditions and site-specific standards shall be limited to those that address the conformance of the development and use of the site to County ordinances and any officially adopted Comprehensive Plan or other land use plan, that address the impacts reasonably expected to be generated by the development or use of the site. Any such conditions should relate to the impact of the proposed use on surrounding property, support facilities (such as parking areas and driveways), pedestrian and vehicular circulation systems, screening and buffering areas, timing of development, road and right-of-way improvements, water and sewer improvements, stormwater drainage, provision of open space, and other matters that the Commissioners may find appropriate or the applicant may propose. Such conditions to approval of the petition may include dedication to the County, State or other public entity, as appropriate, of any rights-of-way or easements for roads, water, sewer, or other public utilities necessary to serve the proposed development. The applicant shall have a reasonable opportunity to consider and respond to any such conditions prior to final action by the Board of Commissioners. Only those conditions mutually approved by the Board of Commissioners and the applicant may be incorporated into the petition through written consent.
If a petition for conditional zoning is approved, the development and use of the property shall be governed by the existing Chapter requirements applicable to the special requirements for approved use or uses, the approved site plan for the district, and any additional approved rules, regulations, and conditions, all of which shall constitute zoning regulations for the approved district and are binding on the property as an amendment to these regulations and to the Official Zoning Map.
Only those uses and structures indicated in the approved petition and site plan shall be allowed on the subject property. A change of location of the structures may be authorized pursuant to §42-50 (Alterations to Approval). Changes to the site plan layout shall not increase the number of structures.
Following the approval of the petition for a Conditional Zoning District, the subject property shall be identified on the Official Zoning Map by the appropriate district designation. A conditional zoning shall be identified by the letters "CD" then followed by the calendar year and application number (for example “CD-2019-01”). Approved conditions shall be recorded with the approved site plan in the registered of deeds office
Except as provided herein, changes to an approved petition or to the conditions attached to the approved petition shall be treated the same as minor modifications to these regulations or to the Official Zoning Map and shall be processed in accordance with the procedures of this Chapter.
The Planning Director or designee shall have the delegated authority to approve a minor modification to an approved site plan. The standard for approving or denying such a minor modification shall be that the change does not significantly alter the site plan or its conditions and that the change does not have a significant impact upon abutting properties. Any decision must be in writing stating the grounds for approval or denial.
For nonresidential development, an increase in the intensity of the development is limited to ten (10) percent of the approved structure size or 1,000 square feet, whichever is less. For residential development minor modifications are permitted in the conditional district standards that do not involve a change in uses permitted or the density of overall development permitted, may be reviewed and approved by the Planning Director.
The Planning Director, however, shall have the discretion to decline to exercise the delegated authority either because of uncertainty about approval of the change pursuant to the standard or because Board of Commissioner consideration and public hearing is deemed appropriate under the circumstances. If the Planning Director declines to exercise this authority, the applicant may request a map amendment as permitted by this Chapter.
It is intended that property shall be reclassified to a Conditional Zoning District only in the event of firm plans to develop the property. Therefore, no sooner than three (3) years after the date of approval of the petition, the Planning Board may examine the progress made toward developing the property in accordance with the approved petition and any conditions attached to the approval. If the Planning Board determines that progress has not been made in accordance with the approved petition and conditions, the Planning Board shall forward to the Board of Commissioners a report, which may recommend that the property be classified to another district..
