The purpose of the Conditional Overlay Zone (CO) is to attach specific zoning conditions, in addition to the use regulations and site development standards applicable to the underlying zone, to enable the City Council to consider approval of a rezoning petition, whereas, without the conditions or restrictions:

   A.   The timing may not be right for such a change;

   B.   The rezoning may be incompatible with surrounding property or neighborhoods;

   C.   The existing standards in the underlying zone may be inadequate to provide protection to surrounding property and associated property values; or

   D.   The rezoning may not otherwise be consistent with the General Plan.

(Ord. 98-33, 5-5-1998)

   A.   Imposed: In mitigating the obstacles to approval of the proposed rezoning and to provide notice to property owners of limitations and requirements for development of property, the additional conditions or restrictions shall be set forth in a development agreement meeting the requirements of Section 15-29-7 of this Chapter, the provisions of which are voluntarily agreed to by the owner(s) or prospective owner(s) of the affected property.

   B.   Specified: The conditions or restrictions may:

      1.   Provide more specific land use designations and land development suitability by eliminating or restricting potential uses otherwise allowed in the underlying zone;

      2.   Provide more restrictive site development standards than are required in the underlying zone, including additional standards regarding landscaping, fencing, density, setbacks, or the height, square footage or number of buildings;

      3.   Provide additional protection to surrounding property and associated property values;

      4.   Provide for the general traffic circulation needs or other required public facilities within and for the benefit of the affected property; or

      5.   Provide for a concept plan for future development of the affected property, which will be used as a basis for future development and site plan reviews.

(Ord. 98-33, 5-5-1998)

The Conditional Overlay Zone may be used in combination with any zone classification ("underlying zone") which establishes allowable uses and imposes minimum development standards generally applicable to property within the Zone. Provisions of the CO Zone shall be supplementary to the provisions of the underlying zone. The CO Zone classification shall not be applied to a land area as an independent zone.

(Ord. 98-33, 5-5-1998)

Property designated as a Conditional Overlay Zone shall be designated with the suffix "(CO)" after the applicable classification of the underlying zone. For example, if the Conditional Overlay Zone were being combined with the commercial zone, CP-2, it would be designated on the official zoning map as "CP-2 (CO)".

(Ord. 98-33, 5-5-1998)

   A.   Less Restrictive: The imposition of specific zoning conditions or restrictions pursuant to this chapter shall not be deemed to allow the granting of permission to comply with land use limitations or requirements which are less restrictive than those of the underlying zone.

   B.   Conditional Uses: The attachment of conditions to any zoning map amendment shall not prohibit or affect the applicability of the requirements of "conditional uses", including the requirement to obtain a conditional use permit.

   C.   Effect on Change of Zone or Zoning Standards: In the event that this title or the zoning map is amended subsequent to adoption of a conditional overlay such that the uses or project specifically included in a valid development agreement are no longer allowed or possible, the overlay shall be construed to allow the uses or project included in the agreement unless otherwise designated by ordinance.

(Ord. 98-33, 5-5-1998; amd. Ord. 2024-28, 10-15-2024)

   A.   Conditions For Consideration: A conditional overlay zone will be considered by the city council, only upon:

      1.   Application of the owner(s) or prospective owner(s) of property which is the subject of a pending rezoning petition; and

      2.   The submission of a proposed development agreement meeting the requirements of section 15-29-7 of this chapter.

   B.   Tabling Petition; Referral Back To Planning Commission: If the planning commission or the city council determines that a pending rezoning petition may be denied unless additional conditions or restrictions are attached to the affected property, the pending rezoning may be tabled at the request of the petitioner to allow the petitioner to submit an application for a conditional overlay zone. After submission of such application and negotiation of a proposed development agreement as described in subsection D of this section, the tabled rezoning petition along with the application for conditional overlay zone and the proposed development agreement shall be scheduled for further consideration by the planning commission, including notice and public hearing as applicable.

   C.   Initiation Of Application: Application for a conditional overlay zone may be initiated by the property owner, the property owner's authorized agent, a prospective property owner, or any person or entity having a legal or equitable interest in land.

   D.   Negotiation Process:

      1.   Upon application for the CO zone, the applicant may commence negotiations with the director with assistance of the city attorney's office.

      2.   If a development agreement is formulated between the applicant and the department, which is approved as to form by the city attorney's office, the development agreement, together with the application, shall be scheduled for further consideration.

      3.   If an agreement cannot be formulated, the applicant may take either of the following actions:

         a.   Withdraw the application for a CO zone and request that the pending rezoning petition be scheduled for further consideration; or

         b.   Withdraw both the application and the pending rezoning petition.

   E.   Approval: If the city council determines that the rezoning with a CO designation, together with approval of the development agreement as a condition of such rezoning, is in the vital and best interests of the city and the health, safety, morals, and welfare of its residents, the city council shall approve the proffered development agreement in the ordinance approving the new zoning designation and authorize the mayor to sign the agreement on behalf of the city.

   F.   Execution, Recording Of Agreement: After the city council approves the development agreement as a condition of approving the conditional overlay zone, all owners of the subject property shall execute the agreement in a form suitable for recording and approved by the city attorney. Upon receipt of the duly executed and approved development agreement, the city recorder shall submit the agreement to the mayor for execution on behalf of the city. Once executed and upon compliance with any conditions precedent to the effectiveness of this chapter, the city recorder shall record the development agreement in the office of the Weber County recorder. If the development agreement is subsequently amended, or if the city terminates the development agreement for failure to comply with the terms or conditions of the development agreement, the city recorder shall have notice of such action recorded with the county recorder.

   G.   Expiration Of Approval: Once a development agreement has been approved all owners of the subject property shall have three (3) months from the date of approval to execute the agreement and return the executed agreement to the city recorder's office for recording. Failure to execute and return the agreement in the required time frame shall make the approval and development agreement null and void.

(Ord. 98-33, 5-5-1998; amd. Ord. 2001-32, 6-5-2001, eff. 6-30-2001; Ord. 2007-75, 11-13-2007)

   A.   Content: A development agreement shall contain, at a minimum, the following:

      1.   A legal description of the land subject to the development agreement.

      2.   The restrictions or conditions to be attached to the property.

      3.   Any conditions, terms, restrictions, or requirements for subsequent city actions.

      4.   The time frames for performance by the parties.

      5.   The termination date of the agreement or provisions for termination upon failure to perform.

      6.   Such other terms as determined by the department and the city attorney's office which is necessary to satisfy the requirements of this chapter or other requirements of law.

   B.   Effect; Applicability: The provisions of the development agreement, upon execution and recording, shall run with the land and shall be binding on all successors in the ownership of the affected property.

   C.   Effective: The development agreement shall not take effect until the city council has approved the agreement as a condition of the rezoning of the affected property.

   D.   Police Power: The development agreement shall not limit the future exercise of the police power by the city in enacting zoning, subdivision development and related land use plans, policies, ordinances and regulations after the date of the agreement.

   E.   Zoning Standards: The development agreement may not waive any existing minimum zoning standards or restrict the ability of the city council to enact additional standards in the future.

   F.   Vested Rights: No vested rights shall accrue based on the approval of a development agreement, except as such rights may specifically be provided in such development agreement.

   G.   Execution And Ownership:

      1.   The proffered agreement shall be duly executed and acknowledged by the owner(s) or prospective owner(s), in a manner suitable for recording purposes.

      2.   If the signatories of the agreement are not the owners of the affected property, the agreement shall provide that the agreement shall not take effect until the signatories acquire ownership and demonstrate that they are the owners for the purpose of binding the owners, their successors and assigns, to the terms of the agreement.

      3.   The applicant shall submit such documentation as is necessary to establish ownership and the ability of the signatories to establish conditions or restrictions which will run with the land and bind the owners, their successors and assigns.

(Ord. 98-33, 5-5-1998; amd. Ord. 2001-32, 6-5-2001, eff. 6-30-2001)

   A.   Any substantive amendment to the terms and conditions of the development agreement shall be applied for, reviewed and approved following the same procedures as required for the initial approval of the conditional overlay zone, including all notice and hearing requirements. "Substantive amendments" include any change to the approved use restrictions, required site development standards, or an approved concept plan. Amendments that do not propose substantive changes to the terms and conditions of the development agreement may be approved by the city council without notice and hearing.

   B.   Once executed and recorded, the development agreement may only be terminated as to any portion of the property subject to the conditional overlay zone by ordinance of the city council after following all procedures required for the rezoning of such property.

(Ord. 98-33, 5-5-1998; amd. Ord. 2007-75, 11-13-2007)