Chapter 18.61 — COMMERCIAL TRANSITION OVERLAY (CTO) ZONE

The Commercial Transition Overlay (CTO) Zone is hereby created to allow for the transition of existing zoned properties into a C-G (Commercial General) zone.

A CTO zone will be used in combination with base districts/zoning regulations and will NOT change the underlying zoning category, i.e., all permitted uses remain the same. A CTO zone is superimposed over the established zone and establishes additional regulations.

The intent of the CTO zone is to encourage future commercial development of designated sites while providing the existing uses in the underlying zone the right to maintain their underlying zoning, continue the use, expand, improve, and alter or move buildings on their property, but with limitations. The purpose of the CTO zone is to protect the existing uses, while encouraging commercial development.

(Ord. 856, 2006)

The following regulations and general rules set forth in this Chapter 18.47 (AMENDMENTS AND ZONE CHANGES) shall apply to a CTO zone. Where a conflict in regulations occurs, the regulations specified in this Chapter shall apply. When this overlay zone is applied by the zone change process, the area so zoned shall have "CTO" in parenthesis added as a suffix to its base zone. In addition, each CTO shall be consecutively numbered on the official zoning map. For example: M-1 (CTO-1) or A-1-20 (CTO-2). Consecutively numbering the CTO zones will provide a distinction among CTO areas in the City.

All uses permitted and conditionally permitted in the underlying zone shall be permitted and conditionally permitted, respectively, pursuant to the regulations set forth in this chapter.

All development standards in underlying zone shall apply.

The following restrictions shall be applicable to uses and development in the CTO zone:

• (1) Expansions or alterations of existing uses or structures, when a CTO zone is applied, shall not exceed 25 percent of the existing floor area, with expansions and alterations requiring review and approval of a site plan by the Planning Commission. In the event expansions and alterations are done in phases and/or over the life of the uses allowed in the underlying zone, the cumulative result of those expansions and alterations shall not exceed 25 percent of the existing floor area;

• (2) If uses or structures on properties designated with a CTO zone are involuntarily destroyed to any extent, including total destruction, they may be rebuilt to the identical use and original floor area;

• (3) Change of property ownership for those properties with a CTO zone shall not require a zone change to a C-G zone. However, if all permitted or conditionally permitted uses of the underlying zone on a property are discontinued for a period of 120 days or more, the City shall process a zone change to change the underlying zoning designation on a subject property to C-G, and the overlying zone shall no longer apply; and

• (4) Voluntary termination of an entire use and demolition of all structures on a property where a CTO zone is applied shall require that the City process a zone change on a subject property from the underlying zone to a C-G zone before re-development on the subject property is allowed.

A CTO zone may be established upon motion of the Planning Commission, City Council, or at the request of property owner or owners in accordance with the procedures set forth in Chapter 18.47 (ZONE CHANGES).