CHAPTER 29
CONDITIONAL OVERLAY ZONE CO

SECTION:

15-29-1: Purpose

15-29-2: Zoning Conditions

15-29-3: Combination With Other Zones

15-29-4: Designation On Zoning Map

15-29-5: Effect On Provisions Of Underlying Zone

15-29-6: Application And Consideration

15-29-7: Development Agreement

15-29-8: Amendment To Development Agreement

15-29-1: PURPOSE:

The purpose of the Conditional Overlay Zone (CO) is to attach specific zoning conditions, in addition to the use regulations and site development standards applicable to the underlying zone, to enable the City Council to consider approval of a rezoning petition, whereas, without the conditions or restrictions:

   A.   The timing may not be right for such a change;

   B.   The rezoning may be incompatible with surrounding property or neighborhoods;

   C.   The existing standards in the underlying zone may be inadequate to provide protection to surrounding property and associated property values; or

   D.   The rezoning may not otherwise be consistent with the General Plan.

(Ord. 98-33, 5-5-1998)

15-29-2: ZONING CONDITIONS:

   A.   Imposed: In mitigating the obstacles to approval of the proposed rezoning and to provide notice to property owners of limitations and requirements for development of property, the additional conditions or restrictions shall be set forth in a development agreement meeting the requirements of Section 15-29-7 of this Chapter, the provisions of which are voluntarily agreed to by the owner(s) or prospective owner(s) of the affected property.

   B.   Specified: The conditions or restrictions may:

      1.   Provide more specific land use designations and land development suitability by eliminating or restricting potential uses otherwise allowed in the underlying zone;

      2.   Provide more restrictive site development standards than are required in the underlying zone, including additional standards regarding landscaping, fencing, density, setbacks, or the height, square footage or number of buildings;

      3.   Provide additional protection to surrounding property and associated property values;

      4.   Provide for the general traffic circulation needs or other required public facilities within and for the benefit of the affected property; or

      5.   Provide for a concept plan for future development of the affected property, which will be used as a basis for future development and site plan reviews.

(Ord. 98-33, 5-5-1998)

15-29-3: COMBINATION WITH OTHER ZONES:

The Conditional Overlay Zone may be used in combination with any zone classification ("underlying zone") which establishes allowable uses and imposes minimum development standards generally applicable to property within the Zone. Provisions of the CO Zone shall be supplementary to the provisions of the underlying zone. The CO Zone classification shall not be applied to a land area as an independent zone.

(Ord. 98-33, 5-5-1998)