(A) Purpose. To define the uses allowable and/or standards on a specific area of land more narrowly than allowed by the underlying zone.
(B) Regulations.
(2) A Limited Land Use Overlay Zone may be enacted on lands with respect to any area within any zoning category within the city zoning jurisdiction.
(3) The Limited Land Use Overlay Zone cannot allow a land use not otherwise allowed in the underlying zone.
(4) A Limited Land Use Overlay Zone shall comply with all provisions of the Comprehensive Plan and state statutes.
(5) The development standards of the underlying zone shall continue to apply to lands designated as a Limited Land Use Overlay Zone except when specifically made more restrictive.
(6) Lands within a Limited Land Use Overlay Zone shall be used only for the specific use or uses, or special standards of the overlay zone.
(C) General requirements for establishing a limited land use overlay zone. In addition to the provisions of division (B) above, a Limited Land Use Overlay Zone must meet the following requirements:
(1) The area is unique and there are reasons why the limited land use overlay is needed that do not generally apply elsewhere in the city;
(2) There is a minimum of 100% approval of the limited land use overlay from the property owners within the proposed limited land use area and minimum 60% approval from those owners within 250 feet;
(3) The area must be composed of multiple, contiguous properties;
(4) Special standards are required, in addition to limiting the uses, to maintain the character of the area. The Planning Commission may impose such additional standards as may be required for the particular area for which an overlay zone is requested; and
(5) The reasons asserted as a basis for the limited land use application do not arise from a violation of this chapter.
(D) Official zoning map. Concurrent with the adoption of an ordinance establishing a Limited Land Use Overlay Zone, the official zoning map shall be amended to indicate the subject property is subject to a Limited Land Use Overlay Zone designation.
(E) Review of section. No earlier than the thirtieth month and no later than the thirty-fifth after the date of adoption of this section, this section shall be reviewed by the City Council at two public hearings scheduled for the purpose. The hearings shall be held on two separate days at least 30 days apart from each other. The hearings shall be conducted to determine the desirability of continuing the Limited Land Use Overlay Zone and shall follow any procedure determined to be appropriate by the City Council, if the Council for any reason fails to conduct the hearings described in this section, this section shall nevertheless continue in full force and effect.
(F) Repeal of section. In the event that this section is repealed, any Limited Land Use Overlay Zone adopted prior to such repeal shall continue as a permitted use.
(Ord. 260, passed 12-3-2002) Penalty, see § 152.999