Notwithstanding any other provision of this code and subject to the restrictions set forth in this section, the planning commission may permit, as part of a planned development pursuant to article 18.4 of this chapter, mixed use developments in the M-PD-5 zone to include rooftop pools and spas, pool rooms, fitness rooms, and related restroom facilities ("Rooftop Pool and Recreational Facilities") provided that:
   A.   The planning commission finds that the rooftop pool and recreational facilities will not adversely affect the privacy of neighboring properties or access of neighboring properties to light, nor will the subject structures significantly increase noise to adjacent properties.
   B.   The additional height of the rooftop pool and recreational facilities applicable to the mixed use development will not exceed ten feet (10') in height measured from the adjacent roof deck.
   C.   Any rooftop pool or recreational facilities permitted pursuant to this section shall be set back from the face of any exterior wall of the floor immediately below so that a forty five degree (45°) angle to the vertical plane of the nearest outside wall is not intersected.
   D.   The rooftop pool and recreational facilities shall not include a commercial kitchen, restaurant or cafe.
   E.   Use of the rooftop pool and recreational facilities shall be restricted to residents and guests of residents of the mixed use development.
   F.   No admittance or use fees shall be charged to use the rooftop pool and recreational facilities. Nothing in this provision shall prohibit the imposition or collection of homeowner association dues or fees on residents of a mixed use development which offset the costs of operating and maintaining such rooftop facilities. (Ord. 20-O-2801, 2-18-2020)