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Horizon City City Zoning Code

CHAPTER 15

OVERLAY DISTRICTS

§ 1501 Conditional Overlays.

A Conditional Overlay (CO) consists of supplemental regulations, restrictions or conditions that apply to a particular tract of real property, apart from and in addition to the rules of the base zoning district in which the particular tract is located.
(Ordinance 0102-029 adopted 9/25/12)

§ 1502 Purpose of Conditional Overlays.

The purpose of a Conditional Overlay combining district is to modify use and site development regulations to address the specific circumstances presented by a site.
A Conditional Overlay may be used to:
promote compatibility between competing or potentially incompatible uses;
ease the transition from one base district to another;
address land uses or sites with special requirements;
guide development in unique circumstances; and
enact restrictions identical to those contained in a restrictive covenant.
(Ordinance 0102-029 adopted 9/25/12)

§ 1503 Applicability.

A Conditional Overlay may be combined with any base district.
A Conditional Overlay may be enacted at the time of rezoning.
(Ordinance 0102-029 adopted 9/25/12)

§ 1504 Designation.

The City shall add the letters “CO” to the base district designation on the zoning map to identify property included in a Conditional Overlay.
(Ordinance 0102-029 adopted 9/25/12)

§ 1505 Conditional Overlay Regulations.

Use and site development regulations imposed by a Conditional Overlay must be more restrictive than the restrictions otherwise applicable to the property.
A regulation imposed by a Conditional Overlay may:
prohibit permitted, conditional, and accessory uses otherwise authorized in the base district or make a permitted use a conditional use;
decrease the number or average density of dwelling units that may be constructed on the property;
increase minimum lot size or minimum lot width requirements;
increase the minimum size of dwelling units or garages;
decrease maximum floor to area ratio;
decrease maximum height;
increase minimum yard and setback requirements;
decrease maximum building or impervious coverage;
restrict access to abutting and nearby roadways and impose specific design features to ameliorate potentially adverse traffic impacts; and/or
restrict any other specific site development regulation required or authorized by this Ordinance, as amended.
A restriction imposed by a CO combining district must be stated in the ordinance zoning or rezoning the property as a CO combining district.
(Ordinance 0102-029 adopted 9/25/12)

§ 1506 Notice for Conditional Overlay.

If an applicant includes the Conditional Overlay as part of a zoning or rezoning application, the applicant shall include the following information in any notices that are required under the Zoning Ordinance, as amended:
the restrictions requested by the applicant; and
a statement that additional restrictions may be imposed by the City.
(Ordinance 0102-029 adopted 9/25/12)