4.6.2 Establishment of Overlay
A. A petition to establish a Neighborhood Protection Overlay shall not be construed as a complete and accepted zoning map change application. The governing body, as applicable based upon jurisdiction, shall be the approving authority to initiate a Neighborhood Protection Overlay application, and would therefore be the official applicant.
B. A Neighborhood Protection Overlay shall be established as both a zoning map change in accordance with the requirements of Sec. 3.5, Zoning Map Change, to reflect the boundaries of the designated overlay, and a text amendment in accordance with the requirements of Sec. 3.19, Text Amendment, to codify the standards established within the overlay.
C. Multiple Neighborhood Protection Overlays shall not be designated over any individual property. A property may only be located within one Neighborhood Protection Overlay.
D. The overlay standards shall reflect the prevalent intensity and consistent building design in the neighborhood, to ensure that new development reflects the identifiable physical character of the area.
E. Petition Submittal
1. Required Pre-Petition Conference
Prior to submittal of a petition and the required pre-submittal neighborhood meeting, a pre-petition conference with the Planning Director or designee shall be required. The Planning Director or designee may establish deadlines for such conferences.
2. Required Pre-Submittal Neighborhood Meeting
After the pre-petition conference and prior to submittal of a petition, a neighborhood meeting shall be held pursuant to paragraph 3.2.3, Neighborhood Meeting. In lieu of those requiring notification pursuant to paragraph 3.2.3C, the following shall be notified:
a. All officers and/or representatives of any neighborhood association or other neighborhood group established within the proposed boundaries of the Neighborhood Protection Overlay and that is registered with the Planning Department to receive notice.
b. Each owner of record of property within the proposed boundaries of the Neighborhood Protection Overlay.
3. Submittal
a. Petitions to initiate the establishment of a Neighborhood Protection Overlay shall be submitted to the Planning Department pursuant to the established submittal schedule for such petitions, and shall utilize the official forms maintained by the Planning Department pursuant to paragraph 3.2.4, Application Requirements, and any other requirements of this section.
b. In order to be accepted for review, a petition shall provide documentation that demonstrates compliance with the following requirements:
(1) The proposed overlay area totals at least 15 acres, excluding right-of-way;
(2) The average age of structures within the proposed area is at least 25 years old;
(3) At least 75% of parcels within the proposed area are developed;
(4) The required pre-petition meeting was held;
(5) The required pre-submittal neighborhood meeting was held and performed as required per this section and paragraph 3.2.3, Neighborhood Meeting; and
(6) The additional documents listed in paragraph c, below, were provided.
c. Additional Submittal Requirements
(1) A proposed map of the overlay area. The proposed overlay area shall not include properties for which the owners were not notified for the neighborhood meeting.
(2) A petition of support signed by property owners and residents within the proposed area.
(3) Documentation of a consistent, identifiable physical character.
(4) Documentation of historical, social, or other significance applicable to the neighborhood.
(5) A discussion of specific physical elements or development patterns that are not adequately addressed by the base zoning regulations.
(6) A plan for neighborhood outreach and overlay development.
(7) Any other materials the petitioner(s) believe are pertinent to the request.
d. Notification Fees
If required through the adopted fee schedule, mailed notification fees for the governing body meeting shall be required at the time of submittal.
4. Action by the Planning Department
The Planning Director or designee shall review the submittal for completeness and conformance with the requirements of this section, and forward the request to the applicable governing body for its review and determination to initiate the petition. Prior to forwarding to the governing body, the following shall be performed:
a. Signs shall be placed throughout the proposed NPO area to inform residents of the request; and
b. The applicant(s) shall be offered an opportunity to present the request to the JCCPC.
5. Action by the Governing Body
a. The Planning Department shall perform a mailed notice in accordance with a zoning map change pursuant to paragraph 3.2.5, Notice and Public Hearings, indicating a petition to initiate an NPO has been filed and shall be considered for initiation by the governing body at a specified date and time.
b. Upon review of provided information, the governing body shall determine whether and when to initiate the designation process for the Neighborhood Protection Overlay. At a minimum, the governing body shall consider the following:
(1) That the documents submitted as part of the petition submittal are correct and sufficient.
(2) Support by residents and property owners. An indicator shall be the petition of support submitted as part of the request, but other indicators may be considered.
(3) That there is a historical, social, or other type of significance that the overlay request would aid in preserving.
(4) That there are consistent and identified physical characteristics and other elements that the base zoning cannot sufficiently address.
(5) That the parameters of the proposed overlay would be consistent with the Comprehensive Plan and other applicable policies.
(6) That there are sufficient staffing resources that would not negatively impact approved work program priorities.
c. If the governing body initiates the overlay request, it shall refer the item back to the JCCPC for consideration within the Planning Department’s work program.
F. If an overlay designation is initiated and overlay development has begun, the Planning Director or designee:
1. Shall review any proposed overlay area and associated standards to determine their conformity with the requirements of this section. As part of this review, the Planning Department shall hold at least one neighborhood meeting prior to initiating the public hearing process; and
2. May review progress with the governing body prior to the required public hearings to verify continued support for the overlay or to discuss new issues pertinent to the establishment of the overlay.