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Creation |
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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. |
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Study Plan |
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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. |
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Zoning Map Designator |
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Each interim study overlay zone shall be shown on the zoning map
with an "IS" designator and an appropriate number. |
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Special Use Permit Required |
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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. |
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Time Limits |
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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overlay zone may be amended, reenacted, or superseded by a zoning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. |
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Resubmittal of Development Proposals |
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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. |
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Amendment of Zone Boundaries |
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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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