This Chapter regulates specific areas in addition to the basic C (Commercial) zoning district. These regulations may include aesthetics, land use, public improvements, and other related matters. These provisions are intended to promote organized development, preservation and use of contiguous, established areas.

(Ord. 5180 Sec. 1, 2007)

Only those uses permitted in the applicable underlying C (Commercial) zoning district are permitted in an overlay district. Uses may, however, be expanded, modified, or restricted by the provisions of the overlay district zone. If there is a conflict between the overlay district zone and the basic zoning district regulations, the overlay zoning regulations prevail. The establishment of an overlay zone repeals any special condition or limitation on a zoning classification within an overlay district.

(Ord. 5180 Sec. 1, 2007)

Overlay zones are established in accord with Chapter 18.51 with the following exceptions:

(1)

No overlay district may be initiated except upon the application of ten percent of the property owners, business owners, tenants or any combination thereof, in possession within the proposed district.

(2)

When the Planning Director receives an application, he will forward it along with his report to the City Clerk for consideration at the next regular meeting of the City Council. If the City Council considers the application well-advised, they will accept the application and return it to the Planning Director and the Commission for the preparation of overlay regulations.

(3)

Prior to its presentation to the City Council for final approval, an overlay zone must be approved by the Planning Commission and over 50 percent of the property owners within the area proposed for the special regulations. If this approval cannot be obtained within 120 days from the City Council's approval, the application expires.

(Ord. 5180 Sec. 1, 2007)

Overlay zones are amended in accord with Chapter 18.51.

(Ord. 5180 Sec. 1, 2007)