Conditional Zoning

Conditional Zoning Districts (CZ) 
NOTE: The information below is not fully comprehensive. Applicants for Conditional Zoning Districts should consult with Planning Department staff before submitting an application.

Conditional Zoning Districts (CZ) are established to address those situations when a particular use may be acceptable but the general zoning district(s) that would allow that use would not acceptable. Rezoning of property to any CZ is a voluntary procedure on the part of the property owner and is intended for firm development proposals. It is not intended or suited for securing early zoning for a tentative proposal that may be undertaken at some unknown time in the future. SUch zones may be approved or changed only by the Board of Commissioners in accordance with the regulations contained within the Hoke County Zoning Ordinance.

A CZ District shall only be initiated by the request of the petitioner. A CZ District shall not be initiated by the Board of Commissioners, Planning Board or administrative staff.

Procedure

Applications for CZ approvals shall be filed with the Zoning Administrator. The application for a CZ District must be included but is not limited to: a Sketch Plan 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. CZ decisions are a legislative process subject to judicial review using the same procedures and standard of review as apply to general use district zoning decisions.

Criteria

CZ District decisions shall be made in consideration of identified relevant adopted land use plans for the area, including but not limited to: The Land Use Plan and other land-use policy documents. The applicant shall propose site-specific standards that take into account the following considerations:

  1. The proposed CZ District's use appropriateness for its proposed location and consistency with the purposes, goals, objectives, and policies of the current Land Use Plan.
  2. The use(s) requested are among those listed as an eligible permitted use in the general use district as included in the rezoning request.
  3. The design of the proposed CZ District uses minimization of adverse effects, including visual impact of the proposed use on adjacent lands; and avoidance of significant adverse impacts on surrounding lands regarding trash, traffic, service delivery, parking and loading, odors, noise, glare and vibration and not create a nuisance.
  4. The use limitations and conditions as proposed and / or imposed for the requested district can reasonably be implemented and enforced for the subject property.
  5. When implemented the proposed and / or imposed use limitations and conditions will mitigate specific land development issues that would likely result if the subject property were zoned to accommodate all the uses and the minimum standards of the corresponding general zoning district. If any standards are proposed that are different from the underlying zoning district, the applicant must clearly demonstrate that the overall resultant project is greater than that which is typically allowed by the general district.
  6. The applicant has agreed to accept the use limitations and conditions as proposed and / or imposed for the requested district.
  7. The applicant shall submit a "Statement of Reasonableness" of the proposed rezoning.
  8. For an approval, the Board of Commissioners must determine and assert to the amendment being consistent with the adopted Land Use Plan and why the Board considers the action to be reasonable and in the public interest.

Additional Information

When dealing with the CZ 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 Zoning Administrator, Planning Board, and / or Board of Commissioners may request additional information to that required.