§ 88-205-03. ESTABLISHMENT

88-205-03-A. Overlay districts must be established in accordance with the zoning map amendment procedures of 88-515. Historic Overlay districts must be established in accordance with the procedures of 88-580.

88-205-03-B. Components that may be included in an overlay district ordinance are:

1.

purpose statement, tying the overlay to the goals and objectives of the comprehensive plan, citing the public necessity behind the intent and making a direct connection to protecting the public health, safety, morals, general welfare, and aesthetics;

2.

location and area of applicability;

3.

spatial definitions, with rules for spatial definition as simple and understandable as possible (Provide the information in a way the public can understand. Use graphics as much as possible);

4.

procedures for applications, specifying any additional information needed to demonstrate compliance with the overlay district regulations;

5.

special definitions, as needed;

6.

standards for review and approval to be used by review and decision-making bodies;

7.

permitted, prohibited and special uses;

8.

review and decision-making bodies charged with reviewing development applications and determining compliance with overlay district regulations;

9.

appeals process; and

10.

variance and administrative adjustment rules, if different for the overlay district.

88-205-03-C. Multiple historic and/or neighborhood overlays may not be designated over any individual property.

88-205-03-D. Historic, neighborhood, and design review overlays and any associated standards or guidelines must reflect the prevalent intensity and consistent building design in the neighborhood, to ensure that new development reflects the identifiable physical character of the area.

88-205-03-E. Applications for establishment of a neighborhood conservation overlay must be accompanied by the fee amount that has been established by the city council. Application fees are nonrefundable 5 working days after application filing, provided that the city planning and development director may grant a partial refund for good cause shown by the applicant.

1.

a petition requesting overlay district designation signed by a simple majority (50 percent + 1 property owner) of the property owners within the proposed district; or

2.

the city council or the city planning and development director, acting on the city's behalf.

(Ord. No. 140919, § A, 11-13-2014; Ord. No. 150600, § A, 7-23-2015; Ord. No. 160759 , § 1, 10-20-2016; Ord. No. 180027 , § A, 3-1-2018)

Editor's note

Ord. No. 160759 , adopted October 20, 2016, amended the Code by repealing former § 88-205-03, and renumbering former §§ 88-205-04—88-205-08 as new §§ 88-205-03—88-205-07. Former § 88-206-03 pertained to types of overlay districts, and derived from Ord. No. 140919, adopted November 13, 2014.