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.)

1189.06 STANDARDS.

   Any use of property subject to a planning overlay shall meet or exceed each overlay standard. When overlay standards are not specified, those development standards required by the underlying district apply.

(Ord. 04-106. Passed 6-15-04.)

1189.07 MAP DESIGNATION.

   Upon institution of a planning overlay by ordinance of Council, the Zoning Map shall be amended to indicate the area subject to a planning overlay by the addition of an appropriate border designation, initial and a hyphen (P-) immediately preceding the symbolic designation of the underlying zoning. (Ord. 04-106. Passed 6-15-04.)

CODIFIED ORDINANCES OF MANSFIELD