The limited overlay is created as an alternative response to those situations where the minimum development standards of an underlying zoning district are deemed inadequate to protect or maintain compatibility of land uses.

The limited overlay is intended only for limited use where special circumstances or conditions apply to the subject parcel that do not apply generally to other parcels in the same underlying zoning district; and where such limitations will be beneficial to neighboring properties and to the public interest. It is intended that an applicant for rezoning may voluntarily seek to commit the subject property and its owner to limitations and conditions not provided by the existing or proposed underlying zoning classification, or even any other zoning classification, by the establishment of a limited overlay.

This chapter establishes a classification which provides the means to modify the application of the provisions of an underlying zoning district to a particular parcel by:

(1)

Limiting the permitted uses;

(2)

Increasing one or more of the minimum development standards; and

(3)

Adding conditions for items not covered by the minimum standards, or any of the above.

All standards of the underlying district shall be applicable unless specifically superseded by the overlay in the ordinance establishing same for the subject parcel.

(Ord. 222-84.)

Any person desiring the establishment of a limited overlay on any lot proposed to be rezoned for any permitted use may file an application, in conformity with all the provisions for amendments to the Zoning Code or map and the provisions of this chapter, with the department on a form provided by it. Said application will be processed together with the application to rezone the subject property and will be reviewed in the same manner as a rezoning application by staff, the development commission and city council. A fee may be imposed by ordinance of council.

(Ord. 222-84; Ord. 1272-01 § 1 (part); Ord. No. 0455-2010, § 82, 4-5-2010)

In addition to filing said application, the applicant shall provide a signed and dated development plan composed of the text and a plot plan, or either as required by staff, for the limited overlay proposed, setting out the means for addressing the above stated purpose and specifically identifying:

(1)

Any limitation to be imposed on the normal range of permitted uses by the underlying zoning district;

(2)

Any increase in a minimum development standard for the underlying zoning district;

(3)

Any additional limitation or condition to be imposed and enforced; and

(4)

The intended result to be obtained by any limitation or condition set out pursuant to the above.

The minimum standards of the underlying zoning district shall govern unless the development plan approved by council specifically stipulates a more stringent standard. Said development plan shall be used only to increase standards and shall in no way be used or construed so as to grant a variance from or to decrease standards or requirements of the underlying zoning district.

The development plan shall set out each characteristic of the proposed limitations and conditions and shall be referenced in the body of the ordinance establishing a limited overlay for the subject lot.

(Ord. 222-84.)

There is no minimum or maximum size required for a parcel to be subject to a limited overlay except that the special circumstances must apply to the entire parcel and it shall include at least one entire lot. An application may include more than one lot provided that all lots in a specific application are contiguous to each other. For the purposes of this section, lots separated only by a public highway, street, or alley are considered contiguous.

(Ord. 222-84.)

In conformity with all other pertinent code provisions, within a limited overlay the premises or building may be used or a building may be erected which is arranged, intended or designed to be used for any one or more of the uses permitted by the underlying zoning classification unless the normal range of permitted uses is specifically limited in the development plan referenced in the ordinance passed by council, in which event, only the more limited use or range of permitted uses shall apply.

(Ord. 222-84.)

Any use of a lot subject to a limited overlay shall meet or exceed each minimum development standard of the underlying zoning classification unless more limited standards are specifically identified in the limited overlay development plan referenced in the ordinance passed by council, in which event such more limited standards shall apply as promoting and maintaining the necessary uniformity of city planning.

The limited overlay standards shall comply with the following criteria:

(1)

Reasonably related to the accomplishment of specified goals in the planning process;

(2)

Fair, protecting the legal rights for those affected;

(3)

Understandable for those in the marketplace; and

(4)

Simple for effective interpretation and enforcement by the administration.

(Ord. 222-84.)

Any use on a lot subject to a limited overlay shall conform to each condition or limitation specifically identified and imposed in the development plan referenced in the ordinance passed by council.

(Ord. 222-84.)

All general procedures required for amending or determining a zoning designation will be applied to amendment of any limited overlay permitted use, standard, condition or limitation.

(Ord. 222-84.)

Upon the establishment of a limited overlay on a particular lot or premises by ordinance of Council, that overlay designation will be included with the designation of the underlying zoning district as part of the Official Zoning Map.

(Ord. 222-84; Ord. 0179-03 §§ 8, 15.)

A development plan approved hereunder shall be binding upon the applicant and the applicant's beneficiaries, successors and assigns and shall limit and control the issuance or validity of any certificate of zoning clearance subject, however, to any valid and reasonable use of legislative authority in zoning regulations thereafter. The site plan for such certificate shall clearly indicate each condition and limitation of the approved development plan.

(Ord. 222-84; Ord. No. 2019-2021, § 1, 7-26-2021)

Article XIII. Parking Districts and Overlays

Editor's Note Ord. No. 1537-2009, § 35, adopted May 3, 2010, amended the title of Art. XIII to read as herein set out. Prior to inclusion of said ordinance, Art. XIII was entitled, "Parking."