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An example of this would be a territory along a river that has very special and unique characteristics – such as a wide river valley, lots of wetlands, geologic features, and so on.
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This is a judgement call, but usually when creating an area with different uses that will be allowed, it should be within its own underlying zoning district. If the regulation being thought about for a proposed overlay district is about changing the types of permitted uses, or possible special uses, then it may be more appropriate to create a new underlying zoning district for that territory. If the overlay is on top of two or more underlying zoning districts then creation of the one overlay district may be less work than amending two or more underlying districts and makes for a more streamlined zoning ordinance. Adding it to the existing underlying zoning district is less work and makes for a more streamlined zoning ordinance. If it only affects one zoning district, then the additional text can just be added to that one zoning district. When one initially draws a proposed overlay district, if it is only on top of one underlying zoning district, then creating an overlay district may not be the best approach. But notice modification of the list of permitted uses or possible special uses are normally not a part of an overlay zone. Common standards or regulations in an overlay zone may include building setbacks, density standards, lot sizes, impervious surface reduction, vegetation requirements, building floor height minimums, and flood-proofing to high water levels. It can be an overlay around an airport (height restrictions along the runway approach) municipal wellhead protection zones (around public water supply wells to prohibit certain polluting activities, to have stricter secondary containment to protect area from accidental spills) both sides of a river or lake vegetation buffer areas greater setbacks (along/around a lake shoreline, high risk erosion setbacks) DNR Critical Dune additional regulations beach protection along a scenic road or highway (aesthetic regulations, greater setbacks) historic districts (facade plan reviews, historic integrity/preservation regulations) commercial corridor (driveway access management, landscaping standards) and more. The overlay district tool can be used for several different things. The alternative would be to add those two regulations into each underlying zoning district – often making it necessary to have the same text in the zoning ordinance several times, once for each zoning district the river flows through. The overlay district text in the zoning ordinance is where the larger setback and requirement for the vegetation buffer is written. The desire is to have a vegetation buffer and larger setback from the river bank for the entire length of the river. For example, it may be an overlay district along a river that flows through several different zoning districts. The overlay district text, in the zoning ordinance, might have additional, or different, regulations that apply within the district shown on the clear plastic sheet overlaid on top of the typical zoning map. Then think of a clear plastic sheet laid on top of the zoning map, showing an additional boundary, to illustrate the overlay district. Think of a standard zoning map using different colors to illustrate where different zoning districts are located. It is a second layer of district(s) on top of the zoning district map.
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For example a residential district may include dwellings and duplexes as permitted uses apartment buildings as possible special uses and other regulations such as minimum parcel size, setbacks, building height, and so on.Īn overlay zone would be an additional zoning district that is laid over the top of two or more zoning districts – usually to introduce an additional standard(s) or regulation(s) along some feature. Each zoning district has its own distinct list of permitted uses, special uses, and regulations. There may be residential, commercial, office, industrial, rural residential, and working lands (agriculture, forestry) zoning districts. An overlay zoning district is a zoning tool that can work well for certain situations, but maybe best avoided for other situations.Ī zoning ordinance will always include a zoning map that shows the municipality, or county, divided up into zoning districts.