The Overlay District Amendment process allows for minor modifications to the land use boundaries or conditions of approval associated with an Overlay District. Land use boundaries may be adjusted only to the extent that the diversity of all land uses is maintained and the overall density or intensity of land uses is within 20 percent of that identified in the Plan (e.g., number of dwelling units, floor area ratio, etc.).
(a) Application Filing and Processing. An application for an Overlay District Amendment shall be filed and processed in compliance with Mannington City Zoning Ordinance Article 1309. The cost of an application fee of $100 shall be assessed.
(b) Project Review, Notice, and Hearing. Each Overlay District Amendment application shall be analyzed to ensure that the application is consistent with all applicable provisions of this article. Each application shall be reviewed and acted upon by the Planning Commission at a public hearing held in compliance with Article 1309.
(c) Findings, Decision, and Conditions. Following a public hearing, the City Clerk shall record the Commission's decision and the findings upon which the decision is based. The Commission may approve an Overlay District Amendment with or without conditions when it finds that the proposed amendment:
(1) Is consistent with the intent and purpose of the Overlay District;
(2) Will result in development that is equal to or superior quality to that approved in the original Overlay District, and
(3) Is compatible with the existing and anticipated land uses in the vicinity.
(Ord. 310. Passed 9-16-96.)