§ 21.20.140. Overlay district amendments.

A.

Overlay district creation, elimination, and alteration. The provisions of this section shall govern the creation, elimination, and alteration of overlay districts under this title.

1.

The Assembly may by ordinance establish overlay districts that provide development standards in addition to the base underlying zoning district in order to address special land use needs, in which special land uses and land use densities, building bulk, setbacks, height, environmental features, community design themes, or design concepts are to be enhanced, preserved or promoted. The specific overlay district shall be established under the procedures set forth below.

2.

Overlay districts are intended to be potentially applicable in large areas or in more than one area, such as town centers and transit corridors.

3.

An overlay district adopted in the same manner as the original ordinance remains effective until repealed or amended. The assembly may set a time for the overlay district to expire if it finds the planning objectives will be met or completed within a specific time period.

4.

The assembly may create, eliminate, or alter boundaries of overlay districts only after a public hearing with notice as specified in section 21.15.005 for zoning map amendments.

B.

Subject to the following, a zoning map amendment for an overlay district may be applied to the zoning map to meet a comprehensive plan, specific planning objective or neighborhood plan objective. The overlay district may:

1.

Permit, require, prohibit or restrict structures or the use of land or structures;

2.

Alter the provisions of the supplementary district regulations as applied to property within the overlay district;

3.

Require new development or attributes of new development to conform to a specific architectural or design theme;

4.

Require a design review approval process;

5.

Alter the development standards of the underlying district by decreasing or increasing the requirements with regard to building height, yards, lot area, lot width, lot coverage, and lot densities of the underlying district.

C.

The department of planning shall maintain, for inspection by the public, maps showing the location of the overlay districts and records of the assembly's purpose and intent in establishing each district.

D.

Each overlay district shall be annotated on the zoning map with a symbol unique to the overlay district and shall be identified on the zoning map by the suffix "OV" and the number of the ordinance applying the overlay district shall be printed on the zoning map within the boundaries of the overlay district.

E.

Where a specification in an overlay zoning map amendments conflicts with any provision of this title, the overlay zoning map amendment shall govern.

F.

An ordinance amending the zoning map for an overlay district shall contain the following:

1.

The name of the overlay district which the ordinance applies;

2.

The legal description of the land within the overlay district applied by the ordinance; and

3.

All standards of development to be governed by the overlay district.

G.

An overlay zoning map may be initiated only by:

1.

The assembly;

2.

The planning and zoning commission; or

3.

The municipal administration.

H.

Minimum area requirements. No overlay district zoning map amendment may be approved that applies an overlay district to an area less than 2.00 acres, excluding rights-of-way, except for an amendments extending the boundaries of an existing overlay district.

I.

Review and recommendation by planning and zoning commission.

1.

After a public hearing, the planning and zoning commission shall recommend to the assembly one of the following actions on an overlay district zoning map amendment:

a.

Approve the overlay district amendment as submitted;

b.

Approve the overlay district amendment with modifications; and

c.

Disapprove the overlay district amendment.

2.

The recommendation of the commission shall be supported by findings on the standards set forth in section 21.20.090.

3.

If the planning and zoning commission recommends that the assembly approve an overlay district zoning map amendment as submitted or with modifications, the planning department shall forward the recommendations to the assembly with an ordinance to amend the zoning map in accordance with the recommendation.

4.

If the planning and zoning commission recommends that the assembly disapprove an overlay district zoning map amendment, that was

a.

Proposed by the commission, that action is final;

b.

Proposed by the assembly, that action is forwarded to the assembly with the recommendation of the commission; or

c.

Proposed by the administration, that action may be forwarded to the assembly with the recommendation of the commission.

J.

Action by assembly. The assembly may approve an overlay district zoning map amendment only if the overlay area is within the boundaries of a district area plan adopted by the municipality including, but not limited to, district and town center plans, coastal zone management, and FAR part 77. The amendment may be:

1.

Approved as submitted;

2.

Approved with modifications as recommended by the Planning and Zoning Commission;

3.

Disapproved; or

4.

Remanded to the Planning and Zoning Commission with instructions for its reconsideration.

K.

Protest. Assembly approval of an overlay district zoning map amendments must be by affirmative vote of eight assembly members if the overlay district amendment is protested by the owners of at least one-third in area, excluding rights-of-way, of:

1.

The land to which the amendments applies; or

2.

The land within 300 feet of the outer boundary of the land to which the amendment applies; excluding land owned by the municipality, except where the municipality joins in the protest.

(AO No. 2001-101(S), § 1, 4-9-02)