Chapter 3.12 — CV CONSERVATION OVERLAY DISTRICT

The CV Conservation Overlay District is intended for property owners to initiate and implement programs for the revitalization or conservation of areas or districts possessing distinctive features, identity, or character worthy of retention and enhancement. The CV district takes effect through adoption of a plan and a set of regulations that will facilitate maintenance and upgrading of the neighborhood and development of vacant or underused lots while reducing or eliminating incompatible mixes of uses. (Ord. 2001-015 § 1; Ord. 2020-002 § 4)

Each CV Overlay District shall include a minimum contiguous area of three acres, including intervening streets and alleys, and shall contain at least three separate parcels. (Ord. 2001-015 § 1; Ord. 2020-002 § 4)

A. Adoption of a CV Overlay District proposal shall be by amendment to the Zoning Map, in accord with the provisions of Chapter 5.16 Amendments, but the map amendment shall not alter the use regulations or development standards of the underlying sub-district. A use permit approving a Neighborhood Conservation Plan shall be approved by the City Council at the same time as the map amendment is adopted and shall establish standards and conditions for development consistent with the purposes of the Plan.

B. All development shall be in accordance with an approved Neighborhood Conservation Plan
and the use permit, which may be amended as provided in the conditions of approval. The
Planning Commission may recommend and the City Council may approve amendments to
the Neighborhood Conservation Plan to allow development in accordance with the
underlying zoning regulations rather than as specified by the Conservation Plan if the
Commission and Council find that the Conservation Plan, as approved, is unlikely to be
implemented for the site in question and if limitations on development of the site have not
been recorded as a condition of approval of development elsewhere within the
Conservation Plan area.
(Ord. 2001-015 § 1; Ord. 2020-002 § 4)

Standards.

After a duly noticed public hearing, the following changes in use regulations and development
standards may be approved as part of a Neighborhood Conservation Plan:

A. Regulations for specific use classifications may be modified by the Neighborhood
Conservation Plan to accommodate unique or mixed uses serving the neighborhood
consistent with the General Plan.

B. Site development standards may be modified by the Neighborhood Conservation Plan
consistent with the General Plan.

(Ord. 2001-015 § 1; Ord. 2020-002 § 4)

A. Owners of 51 percent or more of the land in an area meeting the area requirements of Section 3.12.104 Area Requirements and one or more of the criteria of Subsection C of Section 3.12.120 Adoption Procedures may file an application with the City for the designation of the area as a CV Conservation Overlay District. The application may include lots within one or more base zoning districts. The City Council or Planning Commission may initiate a Conservation Overlay District as prescribed in Chapter 5.16 Amendments.

B. The application shall include the following:

1. A statement of purpose and explanation of how the criteria of Subsection C of Section

2. A map indicating the boundaries of all lots in the proposed Conservation Overlay District and the base district(s) contained within the proposed CV Overlay District. 3. A Neighborhood Conservation Plan consisting of a map and such other textual and graphic material as may be necessary, indicating land uses, building types and designs, site development requirements, signing, circulation, off-street parking, and modifications in base district regulations. (Ord. 2001-015 § 1; Ord. 2020-002 § 4)

A. The Planning Commission shall hold a duly noticed public hearing on the application in accordance with the provisions of Chapter 5.16 Amendments. Following the hearing, the Commission may recommend approval or conditional approval of the Neighborhood Conservation Plan if it implements the purposes for which designation of the CV Overlay District is proposed and is consistent with the General Plan and shall transmit the application and the plan with its recommendation to the Council.

B. The City Council shall hold a hearing in accord with the provision of Chapter 5.16
Amendments on any application and plan transmitted to it by the Planning Commission.

C. Following the hearing, the City Council may approve or conditionally approve a
Neighborhood Conservation Plan and adopt a CV Conservation Overlay District for the
area described in the application if the area meets one or more of the following criteria:

1. Distinctive building features, such as period of construction, style, size, scale, rhythm,
mass, color, and material;

2. Distinctive features or articles associated with the streetscape, such as light fixtures
and devices, signs, benches, curb markers, kiosks, and bollards;

3. Distinctive site planning and natural features, such as lot platting, street layout,
setbacks, alleyways, sidewalks, creek beds, parks, and gardens; or

4. Distinctive land uses or land-use patterns, such as mixed or unique uses or activities,
not permitted by base district regulations without modification.

D. The City Council shall adopt each Conservation Overlay District by ordinance pursuant to
Chapter 5.16 Amendments. The adopting ordinance shall include a reference to the
approved Neighborhood Conservation Plan for the district, a statement of purposes, and a
list of the modifications to the base district regulations.
(Ord. 2001-015 § 1; Ord. 2020-002 § 4)

Each Conservation Overlay District shall be shown on the zoning map by a "-CV" designator applied to the base district designations. A reference to the enacting ordinance also shall be included on the zoning map. (Ord. 2001-015 § 1; Ord. 2020-002 § 4)

Applications for building permit for projects located in a Conservation Overlay District shall be accepted only if project plans are consistent with the adopted CV Overlay District ordinance and the approved Neighborhood Conservation Plan and all other applicable requirements of this Code and the Municipal Code. (Ord. 2001-015 § 1; Ord. 2020-002 § 4)

CHAPTER 3.16

S SPECIAL REVIEW OVERLAY DISTRICT

In addition to the general purposes listed in Chapter 1.04 Title, Components, and Purposes the specific purpose of the S Special Review Overlay District is to provide for discretionary review of development proposals in the Marina Automall area and in other geographic areas of the City with unique needs, which may be designated by the City Council, consistent with General Plan policies. This will ensure an orderly transition from older obsolete uses to new activities that are compatible with adjacent uses and will prevent development that may be detrimental to the community. (Ord. 2001-015 § 1; Ord. 2020-002 § 4)

The S Special Review Overlay District may be combined with any zoning district. It may be initiated by the City Council or Planning Commission under the procedures established by Chapter 5.16 Amendments. Each S Overlay District shall be shown on the zoning map by adding an "-S" to the base district designation. The zoning map also shall include a reference to the adopting ordinance establishing the S Overlay District. (Ord. 2001-015 § 1; Ord. 2020-002 § 4)

The land use and development regulations applicable in an S Overlay District shall be those of the base zoning district with which the S Overlay District is combined unless modified by another overlay district or by the ordinance establishing the S Overlay District. The requirements of the applicable S Overlay District shall govern where conflicts arise. (Ord. 2001-015 § 1; Ord. 2020-002 § 4)

A use permit is required for any of the following actions within an S Overlay District:

A. Establishment of any new land use and/or structure, excluding accessory structures that are
minor in nature.

B. Substantial expansion or alteration of any existing land use and/or structure.

C. Approval of any tentative or parcel map.

D. Any other action specified by the City Council at the time of the establishment of an S
Overlay District.

E. In addition to or in lieu of a use permit, the City Council may establish other review
procedures or requirements at the time of establishment of an S Overlay District or
necessary to assure conformance of uses and buildings with purposes and objectives of the
S District.

F. Exceptions. The Zoning Enforcement Official may waive the requirement for a use permit
or other specified discretionary approval for the following activities, provided that any such waiver is not inconsistent with any policy directive or review criteria incorporated in the
legislation establishing the S Overlay District. These exceptions include alterations of
existing structures that are minor in nature or that do not add more than 10 percent to
existing floor area, and maintenance or repair of existing structures.
(Ord. 2001-015 § 1; Ord. 2020-002 § 4)

In addition to the requirements of Sections 5.08.124 Required Findings and 5.08.128 Conditions of Approval, the City Council, upon recommendation of the Planning Commission, may establish specific review criteria for each S Overlay District. These may address the relationship of the proposed land use and/or development to the surrounding area, site planning and architectural design, landscaping, parking and loading, access and on-site public facilities, the displacement and relocation of existing uses, and any policies or aspects of the General Plan or any Specific Plan applicable to the area. (Ord. 2001-015 § 1; Ord. 2020-002 § 4)

In addition to the conditions of approval that may be imposed under Section 5.08.128 Conditions of Approval, the Planning Commission may impose reasonable conditions to ensure compliance with the specific purposes and intent of the applicable S Overlay District, including time limits or restrictions on certain improvements to mitigate potential adverse effects, protect existing uses, and/or facilitate orderly change, at a later date, consistent with the General Plan. (Ord. 2001-015 § 1; Ord. 2020-002 § 4; Ord. 2024-011, 7/15/2024)

A. General Procedures. An application for approval of a use permit in an S Overlay District shall be processed in accord with the procedures established by Sections 5.08.112 Initiation and 5.08.116 Notice and Public Hearing and any additional requirements applicable to that S district.

B. Additional Requirements. The ordinance establishing the S Overlay District may impose
additional requirements for information to be submitted with each application, such as an
independent analysis of economic and fiscal impacts, an independent evaluation of
compatibility between the new use(s) and adjacent development, or an assessment of
alternative development concepts. If required, this information shall be considered by the
Planning Commission in making a decision to approve, conditionally approve, or deny a
use permit or other discretionary approval.
(Ord. 2001-015 § 1; Ord. 2020-002 § 4; Ord. 2024-011, 7/15/2024)