(a) Initiation of an Overlay District rezoning shall only be by Resolution of the Planning Commission and by final approval by the City Council at a public hearing. The applicant shall prepare a report that describes the purpose of the proposed Overlay District rezoning. If the Commission, or Council, chooses not to initiate an Overlay District filed by a property owner, all unexpended processing fees related to the Overlay District application shall be refunded to that applicant.
(b) Examples of why an Overlay District rezoning may not be approved include, but are not limited to:
• Property not adjacent to Main Street (US 250).
• Property is not part of one of the approved zones.
• Property does not abut the appropriate zones.
• The City Council and or the City Planning Commission deem the project to be out of conformance with the best interests of the City.
(Ord. 310. Passed 9-16-96.)