18.104.030 Rezoning with special limitations.
A. Subject to subsections (B) through (E) of this section, a rezoning may include special limitations that restrict structures, or the use of land or structures, to a greater degree than otherwise provided for in a use district. Special limitations shall be applied only to specific, well-defined projects with site development plans and to mitigate the adverse impacts of the projects and change in rezoning districts. Special limitations shall improve compatibility with the adjoining neighborhood or with the Comprehensive Plan, or promote the public health, safety, and welfare, including aesthetics. Rezones under this section shall not defeat the general intent of surrounding zones, nor constitute spot zones.
A rezone with special limitations shall become effective only upon the written consent of the owner of the property which shall include the notification required by this section. Whenever special limitations are proposed, the property owner shall be specifically notified they have the right to have the Assembly consider their rezone without the requested special limitations and that their requested rezone will go to the Assembly for their consideration regardless of whether the property owner accepts or rejects any suggested special limitations.
B. A rezoning may include special limitations for one or more of the following purposes:
1. To prohibit structures, or uses of land or structures, that would adversely affect the surrounding neighborhood or conflict with the Comprehensive Plan;
2. To conform the rezoning to the Comprehensive Plan, or to further the goals and policies of the Comprehensive Plan;
3. To conform development under the rezoning to existing patterns of development in the surrounding neighborhood;
4. To mitigate the adverse effects of development under the rezoning on the surrounding neighborhood and on public facilities and services;
5. To allow for innovation in design or use of land.
C. A special limitation shall do one or more of the following:
1. Limit residential density or prohibit structures or uses of land or structures otherwise permitted in a use district;
2. Require compliance with design standards for structures and other site features;
3. Require compliance with a site plan approved under this title;
4. Require the construction and installation of improvements, including public improvements;
5. Impose time limits for taking subsequent development actions; or
6. Impose time restrictions such as hours of operation or other additional numeric standards on permitted uses.
D. A use district subject to special limitations shall be identified on the zoning map by the suffix “SL,” and the number of the ordinance applying the special limitations shall be printed on the zoning map within the boundaries of the affected use district. A change to a special limitation shall be initiated in the same manner as a change in zoning classification.
E. Where a special limitation in a rezoning conflicts with any less restrictive provision of this title, the special limitation governs. (Ord. 2013-49 § 2, 2013; Ord. 2000-30 § 4, 2000. 2004 Code § 18.54.025.)