18.78.020 Applicability.

   A.   This chapter applies to the following unless otherwise stated in 18.78.030:

      1.   New residential development requiring a development plan, new non-residential development, or substantial expansion of an existing development subject to Chapter 18.71, on any land within a GZ-1 (Urban Gateway Overlay Zone) and GZ-2 (Public Preserve Gateway Overlay Zone). Substantial expansion occurs whenever a new development plan is required. When a new substantial expansion occurs and a new development plan is required, the standards of this chapter will apply except that:

         a.   The bufferyard requirements contained in this chapter shall be complied with whenever space on the property allows, and exempted only when it is demonstrated to the design review committee that it is not possible to meet these standards;

         b.   If the individual proposing the expansion does not control the area of the approved plans and development, the provisions of this chapter shall not apply to the approved plans and development if the individual proposing the expansion provides the following:

            (1)   A written statement that the individual proposing the expansion has requested in writing that any owner or owners of the area of the approved plans, or development, comply with the provisions of this chapter and that such owners have rejected the request;

            (2)   A copy of the written request and any of the written responses.

         c.   Lack of control over the area of the approved plans and development may be demonstrated by non-ownership, or existence of a lease, rental agreement or other agreement that prevents, or significantly inhibits alteration of the property in conformance with the provisions of this chapter.

      2.   New signs and replacement of existing signs.

      3.   A rezoning request or a comprehensive plan amendment request, on any land within a GZ-2 (Public Preserve Gateway Overlay Zone).

      4.   New residential subdivisions. Applicable development standards for new residential subdivisions are limited to bufferyard standards in 18.78.030(C)(2)(c) and architectural color standards in 18.78.030(F)(2)(b).

   B.   If there is a conflict between this Chapter and Chapters 18.61 (Hillside Development Overlay Zone); 18.67 (Buffer Overlay Zone); 18.73 (Landscaping, Buffering and Screening Standards); 18.75 (Off-Street Parking and Loading Standards); 18.79 (Sign Standards) or Section 18.77.040 (Scenic Routes), the most restrictive applies unless otherwise indicated in this chapter.

(Ord. 2006-30 § 2 (part), 2006; Ord. 2001-162 § 2 (part), 2001)