The purpose of the Limited Use Overlay Zone is to reduce the list of permitted uses in a zone to those that are suitable for a particular location. Zones permit a number of uses without notification or opportunity for a hearing. These uses are included in the zone because they are considered basically equivalent in terms of the type and intensity of activity; however, on a particular property certain permitted uses may conflict with adjacent land uses. Rather than deny appropriate permitted uses because the proposed zone would permit an objectionable use, the limited use overlay can be used to identify the appropriate uses and require a conditional use permit for other uses normally permitted in the zone. It is the intent that the maximum number of acceptable uses be permitted so that the use of the property is not unnecessarily limited. (5/98)

When the Limited Use Overlay Zone is applied, the uses permitted in the underlying zone shall be limited to those permitted uses specifically referenced in the order or ordinance adopting the Limited Use Overlay Zone. Until the overlay zone has been removed or amended, the only permitted uses in the zone shall be those specifically referenced in the adopting ordinance. Uses that would otherwise be permitted may only be allowed if a conditional use permit is approved. (5/98)

A.

The Limited Use Overlay Zone is applied at the time the underlying zone is being changed. It shall not be necessary to mention in the hearing notice of a rezoning application that this overlay zone may be applied. The order or ordinance adopting the overlay zone shall include findings to the following:

1.

No zone has a list of permitted uses where all uses would be appropriate. (5/98)

2.

The proposed zone is the best suited to accommodate the desired uses. (5/98)

3.

It is necessary to limit the uses permitted in the proposed zone. (5/98)

4.

The maximum number of acceptable uses in the zone have been identified and will be permitted. (5/98)

B.

The order or ordinance adopting the overlay zone shall by section reference, or by name, identify those permitted uses in the zone that will remain permitted uses. A permitted use description may be segmented to require a conditional use for distinct uses that may not be compatible. (5/98)

The official zoning map shall be amended to show an LUO suffix on any parcel where the Limited Use Overlay Zone has been applied. (5/98)

In addition to limiting the uses in the zone, it may be necessary to require city approval of the location of buildings, access and parking, screening and other site planning considerations in order to ensure the compatibility of the permitted uses with the area. This requirement may be added by specific reference in the adopting order or ordinance. The document shall indicate any special concerns or locational requirements that must be addressed in the site plan and approved by the zoning administrator. (5/98)