A. Applicability. Conditional zoning shall follow the same review and approval process as Section 3.6.1, with additional standards as described in this subsection. Where conflict occurs, these standards shall apply.
B. Underlying General Zoning District. All conditional zoning districts shall be based on an underlying (base) general use zoning district.
Commentary (01/01/2021): Conditions may neither circumvent the intent of the established general district nor alleviate the regulations without providing a method of alternative compliance. Conditions may impose stricter regulations.
C. Designation and Tracking. Any conditional zoning district shall be designated by the letters “CZ” followed by a unique number identifying the ordinance that created the district and followed by adding a numerical subscript to indicate the order in which such districts are created or revised. Thus, the first such district created might be designated CZ-4997-1. These designations shall be applied to the official zoning map as in the case of other amendments. All ordinances establishing a conditional district shall be referenced in Appendix B to this UDO. Ordinances are on file in the Planning Department.
D. Tiers. There are two tiers of conditional zoning districts.
1. Tier 1. Tier 1 conditional zoning requests identify a base district(s) and any uses in that base district’s permitted s which are excluded in the conditional zoning district. Dimensional standards of the base district remain intact and unchanged. Tier 1 conditional zoning requests do not require a master plan. Any uses in the underlying zoning district identified as requiring a will still require review if they are to be constructed.
2. Tier 2. Tier 2 conditional zoning requests identify a base district(s), any uses in that base district’s permitted uses which are excluded in the conditional zoning district, dimensional standards for each permitted (either by-right or by other criteria such as ), and a master plan. Tier 2 specifications shall also apply to any uses requiring conditional zoning approval as outlined in Article 5, Use Regulations. Any uses in the underlying zoning district identified as requiring a will still require review if they are to be constructed.
a. Master Plan. Tier 2 conditional zoning requests shall be accompanied by a master plan which shall be reviewed and approved in concert with the conditional zoning request. The master plan shall show the following:
i. The correct number of external, cross-access, and adjacent property stub-out access points, although the exact location may be modified through subsequent review.
ii. The uses desired and their general location and intensity or density. Tier 2 conditional zoning requests shall include a table of permitted uses for the proposed district. It shall include all uses listed in the table of permitted uses in Article 5, and whether they are permitted or excluded.
Commentary (01/01/2021): The uses should be of similar intensity and complement each other to avoid creating conflicts or nuisances.
iii. The appropriate setbacks, dimensional standards, and other regulations for each zoning district,
, or area. Tier 2 conditional zoning requests shall include a table of dimensional standards. This shall be based on the general zoning district and updated to reflect altered dimensional standards. Any other information necessary to ensure that the master plan can meet the standards required by this Ordinance to execute a logical
plan.
E. If the Town Council modifies any conditions or imposes new ones, the property owner or authorized agent must provide (or decline) written consent prior to any decision of approval.
F. Addition of property to a conditional zoning district. Entitlement, recordation, or
of any or all portions of a conditional zoning district master plan shall not constitute any precedent or vesting of rights, design,
standards, uses, or otherwise, on any property that might be proposed for addition to a conditional zoning master plan in the future. The standards of this Ordinance in effect at the time of formal application of the property addition to a conditional zoning district master plan shall prevail.
(Ord. No. 3396, § 1, 4-3-06; Ord. No. 3558, § 2, 7-7-09; Ord. No. 3801, § 4, 12-7-15; Ord. No. 3881, §§ 1, 2, 9-5-17; Ord., 3-16-21)