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3.6.4.   Conditions, Generally
Applications for the establishment of a conditional zoning district shall include conditions proposed in accordance with the following standards:
   A.   Conditions associated with a conditional zoning district may be proposed by an applicant or the Board of Commissioners. Regardless of how proposed, only those conditions agreed to by both the applicant and the Board of Commissioners shall be included in the approved conditional rezoning.
   B.   Conditions shall be subject to the standards in Section 2.2.6.L, Conditions of Approval.
   C.   Conditions associated with a conditional rezoning application may be either more restrictive or less restrictive than the standards applicable to the parallel general zoning district.
   D.   In cases where proposed conditions are less restrictive, the applicant shall provide an explanation as to why the proposed condition(s) is necessary, and the ways in which approval of the less restrictive condition(s) will result in development that is in closer
alignment with the provisions in Section 1.4, Purpose and Intent, and the Town's adopted policy guidance.
   E.   Applicants are strongly encouraged to provide mitigation for any potential negative impacts anticipated to result from proposed conditions that are less restrictive than the parallel zoning district requirements.
   F.   Unless specifically modified in accordance with an approved condition, development in a conditional zoning district shall be subject to all the use and development standards and requirements that apply to development in the parallel general zoning district.
(Ord. 2020-36, passed 12-2-2019)
3.6.5.   Limitations on Conditions
In no instance shall any of the following standards in this Ordinance be waived or reduced as part of an application for a conditional rezoning:
   A.   Any of the applicable overlay district standards in Section 3.8, Overlay Zoning Districts;
   B.   The maximum allowable residential density unless the landowner voluntarily complies with the provisions in Section 5.2, Design Guidelines, or the development is subject to a sustainable development incentive in accordance with Section 5.12, Sustainability Incentives;
   C.   Any applicable conservation subdivision standards in Section 6.2, Conservation Subdivision;
   D.   The multi-family design standards in Section 5.3.3, Multi-Family Residential Design Standards;
   E.   The commercial design standards in Section 5.3.1, Commercial Design Standards;
   F.   The mixed-use design standards in Section 5.3.2, Mixed-Use Design Standards;
   G.   The applicable greenway standards in Section 6.4, Greenways; and
   H.   The street and sidewalk standards in Section 6.10, Streets, and Section 6.8, Sidewalks.
(Ord. 2020-36, passed 12-2-2019)
3.6.6.   Development Concept Required
   A.   All applications to establish a conditional zoning district classification shall be supplemented with one of the following:
      1.   A general written description of the proposed development configuration and associated conditions;
      2.   A conceptual plan depicting the generalized location of proposed development and site features of sufficient detail to depict the proposed conditions; or
      3.   A detailed plan meeting the minimum requirements for a site plan (see Section 2.2.17, Site Plan) that depicts building placement(s) and size(s) as well as the configuration of all site features along with the proposed conditions.
   B.   Development proposed in a conditional rezoning application that does not include a detailed plan describe in subsection (3) above shall be subject to the requirements and procedures in Section 2.2.17, Site Plan, prior to the issuance of a building permit.
   C.   In cases where the plan associated with a conditional rezoning is detailed and meets the minimum requirements for a site plan in the opinion of the Board of Commissioners, the applicant shall request, and the Board of Commissioners may grant an exemption from subsequent site plan review.
   D.   If a site plan review exemption is granted by the Board of Commissioners, the proposed development shall fully comply with the development configuration depicted in the conditional rezoning application. Failure to comply with the plan approved as part the conditional rezoning shall require an amendment of the conditional rezoning application in accordance with Section 2.2.6.N, Amendment.
(Ord. 2020-36, passed 12-2-2019)
3.6.7.   Compliance with Subdivision Requirements
Conditional rezoning proposals that include the division of land into two or more lots shall be subject to the subdivision standards in Article 6: Subdivisions, and shall be subject to the requirements of Section 2.2.14, Preliminary Plat, and Section 2.2.10, Final Plat, prior to the issuance of a building permit.
(Ord. 2020-36, passed 12-2-2019)
3.6.8.   Relationship to Overlay District Standards
Regulations governing development in an overlay zoning district shall apply in addition to the regulations governing development in the conditional zoning district. If the standards governing a conditional zoning district expressly conflict with those governing an overlay zoning district, the more restrictive standards shall control.
(Ord. 2020-36, passed 12-2-2019)
3.7.   SPECIAL USE DISTRICTS
3.7.1.   Purpose and Intent
The purpose of the Special Use Districts (SUD) is to promote greater land use compatibility by allowing land owners to voluntarily place their properties within classifications in which a special use permit is required as a prerequisite to any use or development, subject to all of the terms and conditions adopted as part of the establishment of the special use district designation.
(Ord. 2020-36, passed 12-2-2019)
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