(A) Generally. Notwithstanding any provisions of this chapter to the contrary, a conditional zoning district may be permitted as provided in this section so long as the criteria for approval of a rezoning are met.
(B) Development constraints (generally).
(1) In considering a request for a conditional zoning classification, the Planning Commission shall make a recommendation to the city with reference to the use and development conditions that ensure compatibility with surrounding properties and environmental conditions.
COMPATIBILITY means the compatibility of the proposed use with surrounding uses, including building character, construction material or architectural design of the proposed structures.
(2) The following development constraints may be attached as conditions to the rezoning:
(a) Range of allowable uses;
(b) Protective screening and/or buffering of property perimeter;
(c) Protective screening/location of dumpsters, mechanical systems and loading docks;
(d) Landscaping relative to screening, buffering and ingress/egress control and not solely for beautification purposes;
(e) Lighting;
(f) Height limitations;
(g) Setbacks;
(h) Parking (the location of parking and, in some instances, reduction in the amount of parking to be allowed);
(i) Ingress/egress;
(j) Hours of operation for conditional uses permitted in, or adjacent to, residential zoning districts;
(k) Signage;
(l) Performance standards relative to air pollution, noise, glare and heat, vibration, noxious odors, toxic and liquid wastes, fire and explosion, radioactivity and electromagnetic radiation;
(m) Protection of environmentally sensitive areas, including, but not limited to, steep slopes, wetlands, habitats, riparian areas and geological formations; and
(n) The proposed uses to the maximum extent feasible, which utilize sustainability features authorized by the UDC.
(C) Development constraints in residential districts. The following conditions apply to the operation of non-residential conditional uses permitted within any residential district, unless otherwise approved by the city.
(1) There shall be no exterior display or sign with the exception that a nameplate, not exceeding three square feet in area, may be permitted when attached to the front of the main structure.
(2) No construction features shall place the structure out of character with the surrounding neighborhood.
(3) Business or office hours of operations shall not be permitted before 7:00 a.m. or after 6:00 p.m.
(D) Variances prohibited. A variance shall not be granted to any development constraint specified in this section or to any condition imposed by the city.
(Ord. 3020, passed 9-10-2013, § 4.22.5)