The Town of Franklin is considering implementing a new type of zoning called conditional zoning. This classification would be in addition to the current zoning categories but would give the town and developers more opportunity to work toward agreed upon uses for properties that come before the Planning Board and the Town Council.
A public hearing on conditional zoning will be held as part of the Town Council meeting beginning at 6 p.m. on Monday, Dec. 4. (The public hearing will be around 6:15 p.m.) The full proposed amendment will be posted on the town’s website, www.franklinnc.com.
According to Town Attorney John Henning Jr., conditional zoning has been allowed in North Carolina since the early 2000s, and more towns and counties are using it.
“It’s a much more equitable process,” Henning told the Planning Board at their October meeting.
Conditional zoning was approved by the courts in 2001 and was authorized by the zoning statutes in 2005.
Henning said with conditional zoning, if there are some uses that might not be preferred, the town and the developer can work toward an agreed upon use for the property. The conditions would be registered with the Clerk of Court office and become part of the property’s record.
“The conditions are negotiable, and everyone has to agree,” said Town Planner Justin Setser.
Under traditional zoning, the standards must be uniformly applied throughout the town and the same permitted uses must apply to all properties placed in the same zoning district. Site-specific, individualized conditions are not allowed.
During the November Town Council meeting, council member Mike Lewis said it seems there would be a more favorable result using conditional zoning.
In the proposed amendment, the purpose of conditional zoning is defined as follows: For each general use zoning district, this ordinance authorizes the creation of parallel conditional zoning districts that have the same requirements as the general use district as modified by one or more site-specific conditions. The conditional zoning district classification allows the Town Council to consider proposed uses and tailor the zoning to accommodate those uses while addressing anticipated problems that may arise from the establishment of the proposed uses.”
Conditional zoning could be applied to major developments defined as a residential development or common plan of development containing 20 or more dwelling units, or a commercial or industrial development, or common plan of development containing more than 30,000 square feet of interior floor space.
The conditional zoning process would be required prior to permitting for any major development within the town’s planning jurisdiction. In addition to a pre-application meeting and submitting a conceptual plan, the ordinance requires a neighborhood compatibility meeting to give affected property owners and residents the opportunity to talk with the developers and learn about how the development will be integrated into their neighborhood. Following the neighborhood meeting, the developer would submit a preliminary plan to the town. A full list of the plan requirements is included in the amendment document.
The Planning Board will review conditional zoning applications, just as it does other rezoning requests, and the Town Council will conduct public hearings on conditional zoning applications. After the public hearing, the council can act by approving, approving subject to the conditions, or deny the application.
If the conditional zoning request is approved, the conditions will be filed with the property documents in the Clerk of Court’s office and will be binding on the original applicant as well as future owners.
A land development permit will be required once the final development plan has been approved and it is determined the plan complies with the conceptual development plan and all terms of the conditional rezoning.
For more information about conditional zoning, contact Town Planner Justin Setser at jsetser@franklinnc.com or call 828-524-2516, ext. 311.