1189.01 PURPOSE AND INTENT.
(a) This chapter establishes a planning overlay which provides the means to incorporate in the Zoning Code development standards designed to implement Council-approved plans for special areas. Overlay standards and standards extracted from such approved plans, may increase, decrease or add conditions to the minimum development standards of the underlying district, but shall not include additions or deletions to permitted uses within such district.
(b) The planning overlay provides a formalized method for implementing acceptable community plans through specialized standards intended to achieve physical development objectives in certain areas of the City. Such objectives transcend single parcel ownership and land use district boundaries and represent a need to establish, maintain, or change the character of development in a planning area.
(Ord. 04-106. Passed 6-15-04.)
1189.02 COUNCIL-APPROVED PLAN.
Any person or organization proposing special development standards for an area shall first complete a planning process which culminates in a Council-approved plan by ordinance. At a minimum, such process shall include the preparation of a plan coordination with the City Zoning Administrator. The planning document should clearly describe the planning area and explain why the area is special or unique. Recommendations which may affect development standards for the area should be documented.
(Ord. 04-106. Passed 6-15-04.)
1189.03 APPLICATION.
(a) Any person or organization desiring the establishment of a planning overlay shall file an application in conformity with all the provisions for amendments to the Zoning Code and the provisions of this chapter with the Office of the Zoning Administrator on a form provided by it. Said application will be processed and reviewed by the staff, Planning Commission and City Council as a re-zoning application. A fee may be imposed by ordinance of Council.
(b) The intended purpose of a planning overlay shall be clearly evident and relate to the underlying land use pattern in a reasonable way. Proposals should exhibit the following characteristics:
(1) Implement recommendations contained in a Council-approved plan passed by ordinance.
(2) Specify standards which establish, maintain or change the development character of an area.
(3) Evidence advanced planning which supports and justifies the variations in existing standards or the imposition of additional standards.
(c) The Zoning Administrator may request additional information when needed to properly review the application. In all cases the minimum standards of the underlying zoning classification shall govern unless the planning overlay approved by Council specifically stipulates a variation to that standard. The planning overlay shall only be used to vary the physical development standards of a district and shall in no way be used or construed so as to be used to change the permitted uses of the underlying zoning classification.
(Ord. 04-106. Passed 6-15-04.)
1189.04 OVERLAY AREA.
The area to which an overlay applies is any reasonable portion or all of that territory included in the Council-approved plan.
(Ord. 04-106. Passed 6-15-04.)
1189.05 PERMITTED USES.
Within an area identified by a planning overlay a building or premises may be used for one or more of the uses permitted by the underlying zoning classification.
(Ord. 04-106. Passed 6-15-04.)
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