(B) Conditional use permit. In considering an application for a conditional use permit in the Freeway Overlay Zone, the Commission, in addition to all other applicable provisions of this chapter pertaining to conditional use permits, shall evaluate probable future development of adjoining properties and surrounding areas and shall take into consideration the following criteria:
(1) The location, siting, and arrangement of uses, buildings, structures and facilities shall be coordinated in such a manner as to provide for efficiency, convenience, safety, and a high standard of design in the proposed development as well as to provide for compatibility with adjoining properties and surrounding areas.
(2) The location size and quality of design of landscaping, architectural walls, signs and other design features shall be compatible with other uses, buildings, structures, and facilities within the proposed development as well as with adjoining properties and surrounding areas.
(3) The proposed development shall be in conformance with the overall purposes and objectives of this chapter and is consistent with the goals, policies, and programs of the General Plan.
(C) Variances. The retention of existing businesses in existing locations to the maximum extent possible may require the reduction, on a case-by-case basis, of specific development standards to preserve the overall image, character, and functionality of a property or business located within the Freeway Overlay Zone. In addition to the considerations set forth in § 155.675, the Planning Commission shall take into consideration the following criteria prior to the application of development standards less than those required in the underlying zone district and/or this section.
(1) Special circumstances are creating extraordinary impacts on an existing building, structure, or property thus preventing the site from complying with development standards outlined in the underlying zone district.
(2) There are particular physical circumstances including, but not limited to, loss of access, reduction of lot size, or a reduction of required setbacks that, under existing regulations, results in a hardship versus a mere inconvenience. As such, the subject property cannot be used or function appropriately under the strict application of the underlying development standards.
(3) That the circumstances/difficulties are not created by any person presently having an interest in the property, but instead were imposed upon them as a result of the actions of an outside party.
(4) That the circumstances will create a hardship for the existing use such as structural impacts that severely impede the functionality of business operations to the point where they are non-operational.
(Ord. 931, passed 2-27-03)