The purpose of overlay zoning districts is to allow the City to establish special land use regulations, standards, or procedures in areas. Overlay zoning districts are also an appropriate way to implement long-term goals and land use requirements of the City for a specific property or location. Overlay zoning districts are intended to be applied only where special circumstances justify the modification of base zoning district regulations to achieve specific land use and design objectives.

(Ord. 310. Passed 9-16-96.)

   (a)   This section is intended to encourage innovations through regulations that will:

      (1)   Allow greater flexibility in the application of land use and development regulations;

      (2)   Encourage the assembly and integrated development of parcels that might otherwise be developed in unrelated increments to the detriment of     surrounding neighborhoods;

      (3)   Promote a more economic and efficient use of land by allowing a variety of commercial and industrial activities, a high level of urban amenities, and the preservation of open space.

   (b)   While use of the Overlay District is an effective planning tool to achieve the above purposes, it is not the City's intent to confer special privileges to any land owner or compensate a land owner for areas of a property that are otherwise unbuildable due to existing features or constraints on the property. (Ord. 310. Passed 9-16-96.)

   (a)   The Overlay District shall be applied to property through rezoning pursuant to Article 1309. This article is to apply only to the following zones:

      Residential R-1, or

      Residential R-2, or

      Industrial I-1, or

      Commercial C-1, or

      Commercial C-2.

   (b)   The areas for consideration and qualification for Overlay District status are those that are immediately, and completely adjacent to Main Street (US 250) or Buffalo Street. The parcel to be considered is restricted to be completely within the area defined on at least one border Main Street, and the other sides by the lesser of:

      1 City recognized plat, or

      1 City street, or

      1 City alley, or

      150 feet.

   (c)   The Overlay District shall be permitted to adopt, and abide by, all zoning ordinances of the Commercial (C-1 or C-2) Zone.

   The Overlay District Zone shall retain its Overlay District Zone status until such time as:

      (1)   Reversion to initial base-zone is requested by current owner of the Overlay District Zone, or

      (2)   The Overlay District Zone is submitted as a new Overlay District Zone by the submission of a new Overlay District Development Plan [See Section 1314.06], or

      (3)   The Overlay District Zone has ceased to function within its guidelines as proposed within its Overlay District Development Plan [See Section 1314.06] for a period of not less than 6 months at which point the Zone automatically reverts to base-zone regulations, or

      (4)   By recommendation to the Mayor and City Council, the Code Enforcement Officer [Section 1305.01] deems the Zone to be out of compliance with the approved Overlay District Development Plan and/or Commercial C2 ordinances courses of action may be enacted pursuant to Section 1335.99.

   (d)   This district shall be designated on the Zoning Map by the suffix "OD" followed by a file number assigned by the City.

(Ord. 310. Passed 9-16-96.)

   To apply for an Overlay District rezoning, all criteria set forth in Section 1314.03 should be examined and met. The application process shall then proceed as follows:

   (a)   Application Filing and Processing. An application for an Overlay District Development Plan shall be filed and processed in compliance with Mannington City Zoning Ordinance [Section 1307.05], and Section 1314.06. The cost of an application fee of $100 shall be assessed.

   (b)   Project Review, Notice, and Hearing. Each Overlay District Development Plan application shall be analyzed to ensure that the application is consistent with all applicable provisions of this article. Each application shall be reviewed and acted upon by the Planning Commission at a public hearing held in compliance with Article 1309.

   (c)   Findings, Decision, and Conditions. Following a public hearing, the City Clerk shall record the Commission's decision and the findings upon which the decision is based. The Commission may approve the Overlay District Development Plan with or without conditions. The Commission's recommendations and findings will be presented to City Council by the City Clerk for final approval and adoption.

      (Ord. 310. Passed 9-16-96.)

   (a)   Initiation of an Overlay District rezoning shall only be by Resolution of the Planning Commission and by final approval by the City Council at a public hearing. The applicant shall prepare a report that describes the purpose of the proposed Overlay District rezoning. If the Commission, or Council, chooses not to initiate an Overlay District filed by a property owner, all unexpended processing fees related to the Overlay District application shall be refunded to that applicant.

   (b)   Examples of why an Overlay District rezoning may not be approved include, but are not limited to:

   •   Property not adjacent to Main Street (US 250).

   •    Property is not part of one of the approved zones.

   •    Property does not abut the appropriate zones.

   •   The City Council and or the City Planning Commission deem the project to be out of conformance with the best interests of the City.

      (Ord. 310. Passed 9-16-96.)

   (a)   All applications for rezoning to an Overlay District shall be filed with the City Clerk. The application shall include an Overlay District Development Plan that shows the proposed development in sufficient detail for thorough analysis of the proposal and its potential impact on nearby properties and land uses.

   (b)   At a minimum, the Overlay District Development Plan shall identify the following:

      (1)   A statement of goals and objectives for the project, and explanation of why an Overlay District is necessary;

      (2)   Principal circulation routes and access points, including public right-of-way widths;

      (3)   Community design elements, including parkways and other landscape features, fencing and wall plans, streetscape and hardscape amenities, and architectural concepts; and

      (4)   Special regulations, standards, or design guidelines necessary to establish and implement the objectives of the Overlay District Development Plan.

   (c)   An approved Overlay District Development Plan shall serve as an exhibit of the Zoning Map and shall provide direction for future development and usage of the Overlay District. The Overlay District Development Plan shall be annotated with the assigned Overlay District number for reference against the Zoning Map.

(Ord. 310. Passed 9-16-96.)

   Prior to the approval of an Overlay District rezoning, the findings required in Article 1309 and as follows shall be made by the City Council:

   (a)   The proposed Overlay District overlay district is necessary to promote the efficient use of land, safeguard the natural and built environment, obtain high-quality public amenities, and/or achieve creative and imaginative design superior to that which would be attainable under conventional zoning district regulations.

   (b)   If the Overlay District will modify the allowable uses or development regulations in any base zone district, the following findings shall be made:

      (1)   That the change to permitted or conditionally permitted uses is necessary to achieve specific objectives to the Overlay District Development Plan, and that the revision does not have the effect of restricting locally undesirable land uses within the project.

      (2)   The land uses and development regulations allowed by the Overlay District Development Plan are consistent with the City Comprehensive Plan.

         (Ord. 310. Passed 9-16-96.)

   As a condition of rezoning to an Overlay District, the City may apply other regulations determined necessary to implement the intent and purpose of the district. These regulations may include, but are not limited to, design standards, infrastructure requirements, and environmental mitigation measures.

(Ord. 310. Passed 9-16-96.)

   The Overlay District Amendment process allows for minor modifications to the land use boundaries or conditions of approval associated with an Overlay District. Land use boundaries may be adjusted only to the extent that the diversity of all land uses is maintained and the overall density or intensity of land uses is within 20 percent of that identified in the Plan (e.g., number of dwelling units, floor area ratio, etc.).

   (a)   Application Filing and Processing. An application for an Overlay District Amendment shall be filed and processed in compliance with Mannington City Zoning Ordinance Article 1309. The cost of an application fee of $100 shall be assessed.

   (b)   Project Review, Notice, and Hearing. Each Overlay District Amendment application shall be analyzed to ensure that the application is consistent with all applicable provisions of this article. Each application shall be reviewed and acted upon by the Planning Commission at a public hearing held in compliance with Article 1309.

   (c)   Findings, Decision, and Conditions. Following a public hearing, the City Clerk shall record the Commission's decision and the findings upon which the decision is based. The Commission may approve an Overlay District Amendment with or without conditions when it finds that the proposed amendment:

      (1)   Is consistent with the intent and purpose of the Overlay District;

      (2)   Will result in development that is equal to or superior quality to that approved in the original Overlay District, and

      (3)   Is compatible with the existing and anticipated land uses in the vicinity.