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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)
3.7.2.   Distinguished from General or Conditional Zoning Districts
   A.   Special use districts differ from general and conditional zoning districts because land in a special use district is subject to the terms and conditions of approval embodied in a special use permit that is attached to the approval of the amendment of the Official Zoning Map that establishes the special use district. The special use permit identifies the limitations, conditions, and other terms that apply to all development within a particular special use district and runs with the land until the zoning district designation is changed.
   B.   The special use permit applicable to land in a special use district is on file and is available for inspection in the offices of the Planning Department.
(Ord. 2020-36, passed 12-2-2019)
3.7.3.   Districts Established
   This Ordinance hereby establishes the following special use districts:
   A.   The Residential 13 Special Use District (R-13-SUD); and
   B.   The Commercial Amusement Special Use District (CA-SUD).
(Ord. 2020-36, passed 12-2-2019)
3.7.4.   Revision or Amendment
   A.   Any changes to the development located within a special use district shall require approval of an amendment to the Official Zoning Map in accordance with Section 2.2.6, Conditional Rezoning, Section 2.2.13, Planned Development, or Section 2.2.24, Zoning Map Amendment, as appropriate.
   B.   In no instance shall new lands be designated with the R-l 3-SUD or the CA-SUD zoning district classification after January 1, 2020.
(Ord. 2020-36, passed 12-2-2019)
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