Chapter 15.354
LIMITED USE OVERLAY (LU) SUBDISTRICT
Sections:
15.354.050 Amendments to a limited use.
15.354.010 Purpose.
A. Zoning strives to create a list of uses that are generally compatible with one another in a single district. In limited circumstances, however, some of the uses permitted in a base zoning district are allowable or desirable in a particular location while others may not be. Circumstances might include topographic constraints on the site, differing characteristics of surrounding uses, or limits on local facilities, such as street capacity, that are not addressed in capital improvement plans.
B. The limited use overlay is designed to allow those uses that are or can be made compatible in a certain district, while prohibiting or limiting those uses that are incompatible.
C. It is the intention that limited use overlays be used sparingly and only where unusual circumstances warrant. [Ord. 2357, 11-6-00. Code 2001 § 151.530.]
15.354.020 Applicability.
A. The limited use overlay may be applied to any zoning classification. It may do any of the following:
1. Prohibit certain uses otherwise allowed under the base zoning district.
2. Require conditional use permits for uses otherwise permitted outright in the base zoning district.
3. Set special standards that uses in the overlay must meet, such as height restrictions or setbacks.
B. The limited use overlay may not be used to establish performance conditions, such as requiring installation of public facilities. The limited use overlay may not be used to prohibit uses that are required by state or federal law to be permitted within a base zoning district. [Ord. 2537, 11-6-00. Code 2001 § 151.530.1.]
15.354.030 Procedures.
A. A limited use overlay may be created in conjunction with or through the same process as a zoning map amendment.
B. An applicant for a zoning map amendment may request that a limited use overlay be placed on the subject property. The planning commission may recommend and the city council may order a limited use overlay be applied to specific properties.
C. It shall not be necessary to disclose in the public hearing notice of a zone change that a limited use overlay may be applied.
D. A decision to apply a limited use overlay shall be based on the same criteria as for zoning map amendments. The city council may, but need not, apply a limited use overlay in lieu of denying a request for a zone change that does not otherwise meet applicable criteria. [Ord. 2537, 11-6-00. Code 2001 § 151.530.2.]
15.354.040 Map designation.
The official city zoning map shall be amended to show an LU following the zoning designation on any parcel where the limited use overlay district has been approved. [Ord. 2537, 11-6-00. Code 2001 § 151.530.3.]
15.354.050 Amendments to a limited use.
A request to modify or eliminate a limited use overlay shall be processed using the same process as a zoning map amendment. [Ord. 2537, 11-6-00. Code 2001 § 151.530.4.]
Cross-reference: Zoning map amendments, see NMC 15.302.030.