LIMITED USE OVERLAY ZONE
176.020 Overlay Zone Requirements
176.030 Procedures and Criteria
176.040 Official Zoning Map
176.050 Site Plan Requirement
176.010 PURPOSE. The purpose of the Limited Use Overlay Zone is to reduce the list of permitted or conditional uses in a zone to those that are suitable for a particular location. Zones permit a number of uses without notification or opportunity for a hearing, because the uses are considered generally acceptable, although type and intensity of activity may vary. Zones also include conditional uses which may be permitted if certain criteria are met. However, on a particular property certain of these uses may conflict with adjacent land uses or may not be considered suitable for a particular site. Rather than deny a zone change because the proposed zone would allow an objectionable permitted or conditional use, the Limited Use Overlay can be used to identify the appropriate uses and either require a conditional use permit for other uses normally permitted in the zone or delete objectionable permitted or conditional uses from the zone.
The Limited Use Overlay Zone may also be applied to comply with use limitations for a goal exception required by OAR 660.004.It is the intent that the maximum number of acceptable uses be permitted so that the use of the property is not unnecessarily limited.
176.020 OVERLAY ZONE REQUIREMENTS. When the Limited Use Overlay zone is applied, the uses identified in the underlying zone shall be limited to those permitted or conditional uses specifically referenced in the ordinance adopting the Limited Use Overlay zone. Until the Overlay zone has been removed or amended the only uses permitted on the property shall be those specifically referenced in the adopting ordinance. Uses that would otherwise be permitted, or permitted subject to a conditional use permit, may only be allowed if the list of permitted or conditional uses in the Limited Use Overlay Zone is amended or the Limited Use Overlay Zone is removed from the property.
176.030 PROCEDURES AND CRITERIA. The Limited Use Overlay zone is applied at the time the underlying zone is being changed. It shall not be necessary to mention in the hearing notice of a rezoning application that this overlay zone may be applied. The ordinance adopting the overlay zone shall include findings showing that: 1) no zone has a list of permitted and conditional uses where all uses would be appropriate; 2) the proposed zone is the best suited to accommodate the desired uses; 3) it is necessary to limit the permitted or conditional uses in the proposed zone; and 4) the maximum number of acceptable uses in the zone have been retained as permitted or conditional uses. The ordinance adopting the overlay zone shall by section reference, or by name, identify those permitted uses in the zone that become conditional uses and those permitted or conditional uses that are deleted from the underlying zone. A use description may be segmented to delete or require a conditional use for any aspect of a use that may not be compatible.
176.040 OFFICIAL ZONING MAP. The official zoning map shall be amended to show an LU suffix where the Limited Use Overlay zone has been applied.
176.050 SITE PLAN REQUIREMENT. In addition to limiting the uses in the zone the County may require approval of the location of buildings, access and parking, screening and other site planning considerations in order to ensure the compatibility of the permitted uses with the area. This requirement shall be added by specific reference in the adopting ordinance. The ordinance shall indicate any special concerns or locational requirements that must be addressed in the site plan and approved by the Planning Director or designee.