(A)

Purpose. The purpose of the "CO" (conditional overlay) district is to provide for additional regulation of commercial, industrial, or residential uses of land and structures in order that uses and development of said land, buildings and structures will be harmonious and compatible with and not have an undesirable or detrimental impact on surrounding development. Additionally, the conditional overlay district is also designed to protect the public welfare and the property value of surrounding property by securing an appropriate development that is in harmony with the objectives of the City of Florence Master Plan as adopted by the Florence Planning Commission.

In order to achieve the above stated purposes, provision is hereby made that in consideration of a change of zoning classification, the subject property shall be limited in such manner that it may not be utilized for all uses and standards ordinarily permitted in a particular zoning classification, and development of said subject property shall conform to specific conditions as determined by the planning commission and the city council. In such cases, the ordinance changing the zoning classification of the property in question shall place it in a "CO" (conditional overlay) zoning district. The "CO" (conditional overlay) classification shall be indicated in the rezoning ordinance passed by the city council (example: a B-2, general business classification with a conditional overlay would be listed as B-2/CO) and designated on the official zoning map.

(B)

Zoning districts that may be combined with a "CO" - conditional overlay classification. Property proposed to be classified as a conditional overlay district must be combined with an existing zoning classification and may be used in combination with all zones as defined in Section III of the Zoning Ordinance of the City of Florence.

(C)

Uses permitted in a conditional overlay district. The uses permitted under a conditional overlay classification shall be limited to those determined by the planning commission and city council during the zoning review process outlined in Section XIV of these regulations.

(D)

Application process. The application process for the creation of a conditional overlay district shall be the same as a standard zoning application to be reviewed by the planning commission and city council as outlined in Section XIII of these regulations.

(E)

Review standards for a conditional overlay district. In addition to permitted uses as determined by the planning commission and city council, the conditional overlay ordinance recommended by the planning commission and passed by the city council may impose standards on the subject property with respect to set-backs, build-to lines, buffers (may include required solid fencing, brick or decorative masonry walls), ingress and egress, architectural controls, site development plan, signage, parking and maneuvering, common areas, landscaping, drainage, and environmental plans as well as other considerations that are determined to be necessary to make the proposed development compatible with surrounding land use and existing zoning. All applicable limitations and/or standards within the conditional overlay classification shall be considered to apply permanently to the site and specific uses permitted.

(F)

Recording of a development plan for a conditional overlay district. A site development plan as proposed under conditional overlay criteria, and approved by the planning commission and city council with all conditions and permitted uses as set forth during the review process, shall be in plat form for recording, (twenty-four (24) inches by thirty-six (36) inches) with standard plat signature certificates. The site plan/plat shall also include a signature line for the city council which will reference the ordinance number for the creation of the conditional overlay designation.

The site development plan designated with permitted land use shall be recorded in the office of the Probate Judge of Lauderdale County. The official zoning map of the City of Florence shall designate the conditional overlay and the planning department shall file a copy of the record plat.

If the proposal for a conditional overlay classification includes the request for subdivision approval, there will be two (2) plats required; the conditional overlay plat dealing with land use and site planning, etc; and a plat as required by the subdivision regulations of the City of Florence. Required plats shall be recorded within three (3) months of final approval.

The development of the site shall be in strict accordance with all aspects of the approved plans and permitted land uses.

(G)

Expiration of development plan (time limit on development). In the event that construction in accordance with a development plan has not begun within one (1) year from the date of approval by the city council of the conditional overlay, said development plan shall become null and void. The planning commission and city council may, upon application, consider extending the time frame for development. An application for extension may require additional conditions for the development if there is a change in circumstances in surrounding properties or a change in regulations.

If no construction has begun, or there is no application is submitted for an extension of the time limit for development, the planning commission may consider recommending an amendment to the city council for the reclassification of the property to its original zone.

(H)

Amendments to an approved conditional overlay district. In the event that a change in the site development plan or more permitted uses than those set forth in the conditional overlay rezoning ordinance as recommended by the planning commission and passed by the city council are desired for the subject property, the proposed plan/uses must be re-submitted to the planning commission. The planning commission will consider the application in accordance with normal policy and procedures for rezoning and recommend the additional uses or change in site plan to the city council who shall, after proper notification, hold a public hearing on the matter to determine the validity of the application. Upon a denial of the application by the planning commission for a change in the plan or additional uses, the applicant has the option to proceed to the city council to request a hearing to approve or deny the proposal.

Proposed amendments pertaining only to minor aspects of the plan such as building orientation, parking layout, and so forth that will not impact adjoining properties, may be approved internally by departmental reviews. All changes shall be designated on a revised site plan and/or subdivision plat, as appropriate, and recorded in the office of the Probate Judge of Lauderdale County.

(I)

Application and recording fees. Standard zoning and/or subdivision fees shall be required at the time the application is submitted to the planning commission.

The applicant shall be responsible for all fees related to the recording of the final plat(s) in the office of the probate judge of Lauderdale County.