NC-1 (Neighborhood Conservation Overlay Zone) Fact Sheet

OVERVIEW

NC-1 is an overlay zone. This means that land use, density and other requirements are controlled by the "base" zoning (R-3, O-1, C-3, etc.)

Certain minimum zoning requirements (setbacks, lot area, and parking) may be reduced in the NC-1 overlay.

When an NC-1 overlay district is designated, design guidelines must be adopted. These guidelines can set
requirements for the general physical design on new construction. The guidelines can also allow reductions in
required lot areas, setbacks, and parking if this is necessary to permit development which conforms to the size,
orientation and settings of buildings in the neighborhood.

Demolitions and new construction must be approved by the Historic Zoning Commission. The Historic Zoning
Commission may delegate approval authority to the MPC staff.

WHERE AND HOW CAN THE OVERLAY ZONE BE APPLIED?

The overlay is only available in pre-1950's neighborhoods.

Creating a zoning overlay requires the same process as a rezoning. There are requirements for public hearings at MPC and City Council.

City Council may initiate the application process, or an application signed by either 51% of the property owners in the proposed overlay area or the owners of 51% of the land area in the zone may be filed.

Property owners of record must be notified by registered mail, unless they applied for the overlay.

The size of the overlay zone must be at least 10 acres.

To consider an overlay, MPC will follow a process that has been followed with H-1 Historic overlays and
neighborhood rezonings. Prior to any formal public hearing, MPC staff will have one or more informational meetings at a time and place convenient to the neighborhood. Interested parties may review boundaries and guidelines, propose alternatives, ask questions and express their opinions on the proposal. These workshops often result in changes to the initial staff proposal before it goes to the Planning Commission.

The Planning Commission and City Council can approve the overlay, reject it, or approve it with modification.

WHAT IS COVERED BY THE DESIGN GUIDELINES?

The guidelines can be very minimal; for example they could state only that buildings will be built 15 feet from the front property line, if that is the only design issue in the neighborhood.

With the approval of City Council, the guidelines could address:
As mentioned earlier, the guidelines may authorize reduction in some requirements, such as lot size, setbacks, and parking, without zoning variances.

SOME THINGS THE OVERLAY DOES NOT DO