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Oriental’s Town Board holds a Public Hearing at its May 6 meeting over a proposed “Conditional Zoning” addition to the town’s Growth Management Ordinance.

The genesis of this proposal is the potential annexation of the St. Peter The Fisherman Catholic Church which is currently outside the town limits on White Farm Road. The property within the town that is nearby is mainly residential. In the annexation discussions over the past year, town officials say the church has spoken of eventually setting up an assisted living home on the property. That institutional use would be permitted only in an MU or MU1 (Mixed Residential and Commercial Use) zone. It would not be permitted on property that is zoned Residential (R1, R2 or R3)

The MU or MU1 zoning that the parish seeks would permit an array of business uses, not just assisted living. And at some town board meetings, the concern has been aired that if the church were to sell the property in the future, the next owner could set up a business there.

The annexation has hung in limbo over this issue.

That has prompted the town’s Planning Board to propose “conditional zoning”. One interpretation of this is that it would give the town board wider latitude – or “flexibility” — to give a property one zoning label, while permitting a particular use on it that is not typically allowed in that zoning district.

The Public Hearing at which the public may offer its views on the proposal, takes place at Tuesday night’s Town Board meeting, after which, the board could adopt this change to the GMO.

Here is the draft of the proposal which would allow uses in zoning districts that, under the current GMO, are not allowed.

AN ORDINANCE TO AMEND THE ORIENTAL GROWTH MANAGEMENT ORDINANCE.

NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE TOWN
OF ORIENTAL:

Section 1 That the Oriental Growth Management Ordinance, Article VIII entitled “Development Districts and the Growth Management Map” is amended by inserting the new section as follows:

Section 137
Conditional Zoning Districts Established

1) Purpose: The conditional zoning districts set forth herein allow for the consideration of certain uses that because of their nature or scale have particular impacts on both the immediate area and the community as a whole. Specifically, circumstances may arise when a general zoning district designation would not be appropriate for a certain property, but specific uses permitted under the district would be consistent with the objectives of this section. To accommodate those situations, this section establishes the conditional zoning district process. A conditional zoning district is not intended for securing speculative zoning for a proposal but rather is based on a firm development proposal.

2) Parallel Districts: Parallel conditional zoning districts are hereby established for all existing zoning districts as described in Section 135 and 136. A parallel conditional zoning district is a conditional
zoning district in which the potential permitted use or uses are, except as limited by the conditions imposed on the district, of the same character or type as the use or uses permitted in a general district having a parallel designation or name.

3) Application: Rezoning petitions to establish a conditional use district must be submitted to the planning board and will be processed in accordance with Article XIII as well as the provisions of this section. A conditional district classification will be considered only if the application is made by the owner of the property or his/her authorized agent.

4) Contents of application: All applications must include the following: 1) a statement analyzing the reasonableness of the proposed rezoning,
2) a statement listing and describing all of the proposed conditions to be associated with the property,
3) any supporting text for the ordinance amendment and,
4) a schematic plan, drawn to scale, containing the following items as applicable:
(a) A vicinity map showing the property’s general location in relation to major streets, railroads,
waterways.
(b) A drawing of the parcel, including the parcel identification number.
© All existing easement, reservations, and rights-of-way on the property(ies) in question.
(d) Delineation of areas within the regulatory floodplain as shown on the official flood hazard boundary maps for Pamlico County.
(e) Existing and proposed topography at two-foot contour intervals or less.
(f) For residential uses, the number of units and an outline of the area where the structures will be located. For nonresidential uses, the approximate square footage of all structures and an outline of
the area where the structure will be located.
(g) Traffic, parking, and circulation plans, showing the proposed locations and arrangement of parking spaces and access points to adjacent streets including typical parking space dimension and
locations along with typical street cross sections. This shall include all existing and proposed points of access to public streets.
(h) All proposed setbacks, buffers, screening and landscaping required by these regulations and regulations of other agencies or otherwise proposed by the petitioner. In addition, the location of
significant trees or tree stands on the subject property must be identified.
(i) Generalized information on the number, height, size, and location of structures.
(j) A sample of the exterior features of proposed principal structures.
(k) Proposed phasing of the project.
(l) Proposed number, location, type and size of all signs. This must include a sample diagram of the sign design.

5) Additional information: When dealing with the conditional zoning district process, it may be desirable to request additional information in order to evaluate a proposed use and its relationship to the surrounding area. Therefore, the administrator, planning board and/or Town Board of Commissioners may request additional information in addition to that required above as they deem necessary.

6) Review: Conditional zoning district decisions are a legislative process subject to judicial review using the same procedures and standard of review applicable to general use district zoning decisions as set forth in Article XIII. In considering any petition for a conditional zoning district, the council shall act in accordance with Section 214. Conditional zoning district decisions shall be made in consideration of
identified relevant adopted land use plans for the area, including, but not limited to, comprehensive plans, strategic plans, district plans, area plans, neighborhood plans, corridor plans, and other land-use
policy documents. Whether the rezoning request is approved or denied, the Town Board of Commissioners shall approve a statement describing the action as consistent with any of the above mentioned plans and why the Board of Commissioners considers the action to be reasonable and in the public interest.

7) Conditions of approval of petition: In approving a conditional zoning district, the planning board may recommend and the town council may of its own accord require that reasonable and appropriate
conditions be attached to approval of the petition. Any such conditions shall be limited to those that address the conformance of the development plan and use of the site to town ordinances and an
officially adopted plan and those that address the impacts reasonably expected to be generated by the development or use of the site. The petitioner 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 agreed upon by the Board of Commissioners and the applicant, with input from the
public, may be incorporated into the conditional zoning district.

8) Effect of approval: If an application is approved, the conditional zoning 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 plans and conditions.

The intent of this type of zoning is to provide an alternate procedure for specific development proposals. It is intended that all property be rezoned only in accordance with firm plans to develop. Therefore, five (5) years from the date of approval, the planning board will examine development progress made in accordance with approved plans to determine if active efforts are proceeding. If it is determined by the planning board that active efforts to comply with the approved plan are not proceeding, a report may recommend that action be initiated to remove the conditional district in accordance with the amendment procedures outlined in Article XIII.

9) Zoning map designation: Following approval of the petition for a conditional zoning district, the subject property shall be identified on the zoning map by the appropriate district designation followed
by the letters “CD.”

10) Changes and modifications to approved plans: Any proposed changes to approved plans associated with a conditional zoning district shall be evaluated in accordance with Section 67.

Section 2
That the Oriental Growth Management Ordinance Article XIII, Article 215 is hereby amended by adding the following underlined text under subsection 1):

The Town Commissioners shall not consider any representations made by the petitioner that, if the change is granted, the property in question will be used for only one of the possible range of uses permitted in the requested classification. Rather, the Town Commissioners shall consider whether the entire range of permitted uses in the requested classification is more appropriate than the range of uses in the existing classification. However, this subsection shall not apply to conditional zoning requests made under Section 137.

Section 3
The Town has determined that the amendment is not inconsistent with any comprehensive or other plan adopted by the Town within the meaning of section 214 of the Oriental Growth Management Ordinance, and that the Town Board has determined that the amendment to section 154 of the Oriental Growth Management Ordinance is reasonable and in the public interest because it provides orderly growth of the community and it protects the health, safety, and general welfare of its citizens.

Section 4 This ordinance shall be effective from and after the date of its inception.

ADOPTED THIS 6th DAY OF MAY, 2008

ATTEST:
____________________________ ____________________________ Mayor William Sage Town Manager Wyatt Cutler

Posted Tuesday April 29, 2008 by Melinda Penkava

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