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Interim Study Overlay Zone (IS): Procedures

Creation

Creation of an interim study overlay zone shall be by amendment to the zoning map and may occur only in a location for which an area-specific comprehensive plan element has been adopted by the City Plan Commission.

 

Study Plan

Prior to approving the establishment of an IS, the City Plan Commission and the Common Council must approve a study plan for the area that identifies regulatory problems and states land use and development issues to be resolved.

     

Zoning Map Designator

Each interim study overlay zone shall be shown on the zoning map with an "IS" designator and an appropriate number.

 

Speacial Use Permit Required

Upon the establishment of an IS, all uses listed in the existing or proposed district as permitted, limited or special uses are special uses for which approval of special use permits by the Board of Zoning Appeals is required. In addition to the findings required for special uses, the Board shall find that a proposed use will not conflict with or exacerbate the land use and development issues identified by the study plan approved for the area at the time the interim study overlay zone was created.

     

Time Limits

An ordinance establishing an IS shall contain a provision terminating the IS designation at a specified time, but not more than two years from its effective date. An ordinance establishing an interim study overlay zone may be amended, reenacted, or superseded by a zoning map amendment adopted as prescribed by s. 295-307.

 

Resubmittal of Development Proposals

Notwithstanding the provisions of s. 295-307, a special use permit application that has been denied or approved subject to conditions unacceptable to the applicant, may be resubmitted on or after the effective date of a zoning map amendment superseding an interim study overlay zone designation.

     

Amendment of Zone Boundaries

Amendment of the boundaries of an IS shall only be initiated by a motion of the Common Council or by a petition submitted to the Common Council and signed by owners of 50 percent or more of the area of all land included in the zone. Following passage of the Common Council motion or the department's receipt of a petition, the proposed boundary amendment shall be considered by the City Plan Commission and Common Council in accordance with the zoning map amendment procedure in s. 295-307-3.  

   

 

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