Article II - Zoning District Regulations
Subpart B. Conditional Zoning Districts
Conditional Zoning Districts Established
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
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. For each General Use Zoning
District, there is a corresponding Conditional Zoning District (CD) which corresponds to each of the districts
authorized by this Chapter as follows: R1-CD; R2-CD; R2R-CD; R3-CD; R-4-CD; OI-CD; LC-CD; CC-CD; RC-
CD; I-CD; R-40-CD; WR-CD; SR-CD; and MU-CD.
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.
Plans and Other Information to Accompany Petition
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.
Approval of Conditional Zoning District
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, community plans, neighborhood plans, corridor plans, and
other land-use policy documents.
Conditions to Approval of Petition
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.
Effect of Approval
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 districts category, 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
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 same
designation as the underlying general district followed by the letters CD (for example OI-CD).
Alterations to Approval
Except as provided herein, changes to an approved petition or to the conditions attached to the approved petition
shall be treated the same as amendments 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 an amendment to an approved site
plan. The standard for approving or denying such an amendment 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, increases in density are
limited to ten (10) percent of the development or no more than five (5) dwelling units, whichever is less.
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.
Review of Approval of a Conditional Zoning District
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.