This provision allows the Commission to impose, and the city council to approve, conditions and restrictions on the use of land and buildings when approving a change in zoning district classification when necessary to mitigate adverse impacts or incompatibilities of land uses which might otherwise result at a specific site by prohibiting a land use otherwise permitted in a zoning district if necessary to ensure the compatibility of land uses. The city council may also impose such conditions as deemed necessary not previously recommended by the Commission.
This provision is also applicable to request for a conditional use permit when necessary to mitigate adverse impacts or incompatibilities of land uses which might otherwise result at a specific site. The Commission shall have final authority for approving a conditional use permit in accordance with section 7200 and any conditions set forth under this provision.
This provision is applicable to nonresidential zoning districts, or other zoning district which were created for a specific purpose within a specific area including, but not limited to the RDD River Development District, CBD Central Business District and BA Brook Avenue District, and shall include residentially zoned districts when application is being made for a conditional use permit as provided in this ordinance.
A. 
If conditions are imposed at time of rezoning request or initial zoning, every condition or use restriction established under this [ordinance] shall be considered an amendment to the regulations of the district and shall be incorporated in the ordinance providing for the change in zoning.
B. 
The procedures applicable to a request for a change in zoning district classification or application for a conditional use permit, including notice, public hearings and written protests, shall apply to any modification of any condition or restriction imposed under this section.
C. 
This provision does not authorize a land use which is not a permitted use in a zoning district, or a conditional use if applicable, and no requirement of any ordinance shall be waived or made less strict through the application of this provision. The council may prohibit a land use otherwise permitted in a zoning district if necessary to ensure the compatibility of land uses.
D. 
The city staff, Commission, or city council may require the applicant to submit plans, a site layout, maps, sketches, drawings, written statements, impact analyses or other information if determined necessary to review, make a recommendation, or decision on the application.
In order to safeguard the public health, safety and welfare of the citizens and to protect properties from adverse impacts and incompatibilities, the Commission may recommend and the city council may impose conditions or restrictions on rezoning and initial zoning, and the Commission may impose conditions on a conditional use permit request, including, but not be limited to, one or more of the following matters:
A. 
Setbacks for buildings or structures.
B. 
Public street access.
C. 
Drainage.
D. 
Vehicular traffic circulation, parking lots or spaces.
E. 
Screening or buffers.
F. 
Hours of operation.
G. 
Activities permitted on the property.
H. 
Building or structure heights.
I. 
Landscaping.
J. 
Impervious surface area.
K. 
Floor area ratio.
L. 
Pedestrian circulation.
M. 
Signs.
N. 
Mitigation of noise, fumes, odors, vibration, or airborne particles.
O. 
Exterior lighting.
P. 
Building facades and exterior construction materials.
Q. 
Special fire protection measures.
R. 
Outside storage and display of merchandise.
S. 
Refuse and waste storage.
T. 
Other conditions or restrictions as shown on a site plan.
The applicant for a zoning change, initial zoning or conditional use permit under this provision may be required to submit additional details, such as building elevations and construction materials, to properly evaluate the proposed use against neighboring conditions. Such a plan, if required, shall become part of the ordinance change for rezoning or initial zoning consideration by the Commission and/or the city council.
Any property approved for a change of zoning district classification with conditions or restrictions as authorized by this provision shall be shown on the zoning district map with the abbreviated designation of the district followed by (c), to show the property as a conditioned zoning district.
(Ordinance 69-95, sec. 1, adopted 7/5/95)