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Amberley City Zoning Code

INTERIM DEVELOPMENT

CONTROL DISTRICT

§ 154.85 PURPOSE.

   The Interim Development Control (IDC) Overlay District is intended to temporarily regulate the establishment of uses, construction of new buildings and demolition or alteration of existing structures in areas where the adoption of amendments to the Zoning Code have been or are likely to be proposed.
(Ord. 2003-17, passed 11-10-03)

§ 154.86 APPLICABILITY AND ZONING MAP DESIGNATOR.

   The IDC Overlay District may be applied to any district or any part thereof. It is adopted as an amendment to the zoning map. This Overlay District is shown on the zoning map by an IDC designator applied to the base district designation. Where inconsistencies exist between the IDC Overlay District regulations and other provisions of this chapter and other provisions of this code, the IDC Overlay District regulations apply.
(Ord. 2003-17, passed 11-10-03)

§ 154.87 ESTABLISHMENT OF IDC OVERLAY DISTRICTS.

   Council may establish and IDC Overlay District on finding that:
   (A)   Proposed amendments. Map amendments to this chapter have been or are likely to be proposed.
   (B)   Study and review. The proposed amendments may substantially affect permitted uses in the area of consideration and will require the study and review by the Planning Commission, Village Administration and Council prior to adoption.
   (C)   Public interest. The protection of the public interest requires that interim development controls be imposed during the period of study and review.
(Ord. 2003-17, passed 11-10-03)

§ 154.88 LAND USES DURING PENDENCY OF AN IDC OVERLAY DISTRICT.

   During the period that an IDC Overlay District is in effect, no use shall be made of the land, buildings or structures with the defined areas of the IDC Overlay District, other than uses set forth in the ordinance establishing the IDC Overlay District, nor shall any applications for zone change be acted upon by Council or the Planning Commission.
(Ord. 2003-17, passed 11-10-03)

§ 154.89 THREE-MONTH IDC OVERLAY DISTRICTS.

   Council may establish IDC Overlay Districts to remain in effect for three months without prior notice, advertisement or public hearing. The Village Clerk shall send notice of the establishment of Three-month IDC Overlay District, within ten business days of establishing such district, to all owners of record of property within such district.
(Ord. 2003-17, passed 11-10-03)

§ 154.90 ONE-YEAR IDC OVERLAY DISTRICTS.

   Council may establish IDC Overlay District to remain in effect for one year, or extend IDC Overlay Districts established pursuant to § 154.87 for nine additional months, if the process set forth in §§ 154.72 through 154.74 are satisfied, and on a finding that:
   (A)   Ongoing study. The Planning Commission, Council and/or the village's administration are studying amendments to this chapter that would affect the area within the IDC District;
   (B)   Study incomplete. The study of proposed or possible amendments to this chapter has not yet been completed; and
   (C)   Inconsistent uses. There is a prospect of changes in use, construction of new structures or alteration or demolition of existing structures that would be inconsistent with the existing Chapter 154.
(Ord. 2003-17, passed 11-10-03)

§ 154.91 EXTENSION OF IDC OVERLAY DISTRICTS.

   Council may extend the duration of an IDC Overlay District for an additional six months, provided that an IDC Overlay District May not remain in effect for more than two years from the date it was first established, and the processes set forth in §§ 154.72 through 154.74 are satisfied before the adoption of any IDC Overlay District extension. Council may only adopt an IDC Overlay District extension after receiving an affirmative recommendation from the Planning Commission and finding that:
   (A)   Complex study. Ths study of proposed or possible amendments to this chapter that would affect the allowable land uses within the IDC Overlay District has proven to be extraordinarily complex by reason of unusual geographic, physical, or social conditions in the district;
   (B)   Study incomplete. The study of proposed or possible amendments to this chapter had not yet been completed; and
   (C)   Inconsistent uses. There is a prospect of changes in use, construction of new structures or alteration or demolition of existing structures that would be inconsistent with the existing Chapter 154.
(Ord. 2003-17, passed 11-10-03)

§ 154.99 PENALTY.

   Any person, firm, or corporation who violates, disobeys, omits, neglects, or refuses to comply with, or who resists the enforcement of any provisions of this Zoning Code, shall be guilty of a minor misdemeanor and fined not more than $150 for each offense or violation. Each and every day that a violation continues shall constitute a separate offense.
('69 Code, § 151.99) (Ord. C-285, passed 7-8-68; Am. Ord. C-666, passed 10-10-89; Am. Ord. C-692, passed 10-9-90; Am. Ord. 2004-17, passed 7-12-04)

APPENDIX: OFFICIAL ZONING MAP

 
Cross-reference:
   Zoning map provisions, see § 154.06