42-45. 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 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.
