Overlay Districts are tools for dealing with special situations or accomplishing special zoning goals. As the name implies, Overlay Districts are "overlaid" on Base District classifications to alter the Base Zoning District regulations. Overlay Districts are shown on the Official Zoning District Map as suffixes to the applicable Base Zoning District classification. For example, an R-1a zoned Parcel that is included in the Neighborhood Conservation Overlay Districts would be shown on the map as R-1a-NC.

(Ord. 2266, Sec. II, 2012)

The following Overlay Zoning Districts are included in this Zoning Code:

(Ord. 2266, Sec. II, 2012)

The NC, Neighborhood Conservation Overlay District, is intended to:

(1)

Encourage development that conforms to the size, orientation and setting of existing buildings in a neighborhood or area;

(2)

Reduce the need for zoning variances for development that conforms to the size, orientation and setting of existing buildings in a neighborhood or area;

(3)

Provide building setbacks, lot dimensions and related physical characteristics; and

(4)

Foster development that is compatible with the scale and physical character of original buildings in a neighborhood or area through the use of Development/Design Standards and guidelines.

(Ord. 2266, Sec. II, 2012)

A NC District shall be a geographically defined area that has a significant concentration, linkage or continuity of sites that are unified by physical development, architecture or historical development patterns. To be eligible for NC zoning, the area shall comply with the following criteria:

(1)

The general pattern of development, including streets, lots and buildings, shall have been established at least 25 years prior to the Effective Date;

(2)

The area shall possess built environmental characteristics that create an identifiable setting, character and association;

The designated area shall be a contiguous area of at least five acres in size. Areas of less than five acres may be designated as an NC Overlay District only when they abut an existing five acre or greater NC Overlay District.

(Ord. 2266, Sec. II, 2012)

NC Zoning Districts are established in accordance with the Zoning Map Amendment procedures of Section 19.52, except as modified by the following provisions:

(1)

An application to establish a NC District may be initiated by the planning commission or the governing body;

(2)

Applications may also be initiated by petition when signed either by the owners of at least 51 percent of the area within the proposed NC District or by at least 51 percent of total number of landowners within the proposed district;

(3)

The planning commission shall hold public hearings and submit written recommendations to the governing body, regarding each application to establish a NC District;

(4)

The planning commission is responsible for reviewing NC zoning applications for compliance with the selection criteria of section 19.25.010 and for recommending development/design standards and guidelines for the district;

(5)

The planning commission is responsible for reviewing NC applications for its planning and zoning implications; and

(6)

The governing body is responsible for making a final decision to approve or deny the Overlay District Zoning.

(Ord. 2266, Sec. II, 2012)

Upon receipt of an application for NC zoning or upon initiation of a NC zoning application by the governing body or planning commission, the following procedures apply:

(1)

Unless otherwise expressly stated, the zoning map amendment procedures of chapter 19.52 apply;

(2)

Public hearings on NC zoning applications shall be held by the planning commission prior to consideration by the governing body; and

(3)

The planning commission shall make a recommendation that NC District zoning be approved, approved with conditions or denied. The planning commission's recommendation shall be submitted to the governing body. The item shall be placed on the governing body agenda after receipt of the planning commission's recommendation. The recommendation shall be accompanied by a report containing the following information:

(i)

An explanation of how the area meets or does not meet the selection criteria contained in section 19.25.010;

(ii)

In the case of an area found to meet the criteria in section 19.25.010:

a.

A description of the general pattern of development, including streets, lots and buildings in the area; and

b.

Development/design standards to guide development within the district;

(iii)

A map showing the recommended boundaries of the NC District; and

(iv)

A record of the proceedings before the planning commission.

(Ord. 2266, Sec. II, 2012)

NC District Classifications do not affect the use of land, buildings or structures. The use regulations of the Base Zoning District control.

(Ord. 2266, Sec. II, 2012)

In establishing a NC District, the planning commission is authorized to propose, and the governing body is authorized to adopt, by ordinance, district-specific development and design standards (referred to herein as "Development/Design Standards") to guide development and redevelopment within NC Districts:

(1)

When development/design standards have been adopted, all exterior modifications requiring a city permit or approval within the designated NC District shall comply with those standards;

(2)

When there are conflicts between the development/design standards of the base zoning district and adopted NC District Development/Design standards, the NC Development/Design Standards will govern;

(3)

The development/design standards will be administered by city staff in accordance with adopted administrative policy.

(Ord. 2266, Sec. II, 2012)

(1)

Notwithstanding the procedure set forth in section 19.54, a person aggrieved by a decision of the city staff, determining whether the development/design standards have been met, may file a written appeal with the neighborhood conservation overlay district appeals committee. The appeal shall be filed within ten working days after the decision has been rendered.

(i)

After the appeal before the neighborhood conservation overlay district appeals committee has been filed, the one representative from the planning commission (appointed by the chair) along with two representatives from the affected NC Overlay District area (appointed by the HOA board or the mayor in the absence of an active homes association) shall hold a public meeting to make a determination if the proposed modification meets the NC Development/Design Standards. The two representatives shall be appointed by the homes association board in which the NC Overlay District is located. In the absence of a homes association board, the mayor shall appoint the two representatives from a list of property owners within the NC Overlay District.

(2)

A person aggrieved by a decision of the planning commission, determining whether the development/design standards have been met, may file a written appeal with the board of zoning appeals. The appeal shall be filed within ten working days after the decision has been rendered.

(3)

The board of zoning appeals is the final decision-making authority in determining whether a proposed project meets the adopted development/design standards.

(4)

The board of zoning appeals has no authority to grant interpretations, exceptions or variances from the adopted development/design standards.

(5)

Within 30 days after the board of zoning appeal's final decision, in passing upon an appeal pursuant to this section, any person aggrieved by the decision may file an action in district court to determine the reasonableness of the decision.

(Ord. 2266, Sec. II, 2012)

As NC Districts are established by Ordinance, this section will be updated by reference to such NC Districts in the following table:

(Ord. 2266, Sec. II, 2012; Ord. 2271, Sec. II, 2013; Ord. 2366, Sec. II, 2017)

As NC District Development/Design Standards and Administrative Policies are established by Ordinance, this section will be updated by reference to such standards and policies in the following table:

(Ord. 2266, Sec. II, 2012; Ord. 2271, Sec. II, 2013; Ord. 2366, Sec. III, 2018)

(Ord. 2266, Sec. II, 2012; Ord. 2271, Sec. II, 2013; Ord. 2366, Sec. III, 2018)