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allow an objectionable permitted or conditional use, the limited <br />use overlay can be used to identify the appropriate uses and <br />either require a conditional use permit for other uses normally <br />permitted in the zone or delete objectionable permitted or <br />conditional uses from the zone. It is the intent that the maximum <br />number of acceptable uses will be permitted so that the use of the <br />property is not unnecessarily limited. <br />17. According to MCUZO 22.02, when the limited use overlay zone is <br />applied, the uses identified in the underlying zone shall be <br />limited to those permitted or conditional uses specifically <br />referenced in the ordinance adopting the limited use overlay zone. <br />Until the overlay zone has been removed or amended the only uses <br />permitted on the property shall be those specifically referenced <br />in the adopting ordinance. Uses that would otherwise be permitted, <br />or permitted subject to a conditional use permit, may only be <br />allowed if the list of permitted or conditional uses in the <br />limited use overlay zone is amended or the limited use overlay <br />zone is removed from the property. <br />18. Under MCUZO 22.03, the limited use overlay zone is applied at the <br />time the underlying zone is being changed. The ordinance adopting <br />the overlay zone shall include findings showing that 1) no zone <br />has a list of permitted and conditional uses where all uses would <br />be appropriate; 2) the proposed zone is the best suited to <br />accommodate the desired uses; 3) it is necessary to limit the <br />permitted or conditional uses in the proposed zone; and 4) the <br />maximum number of acceptable uses in the zone have been retained <br />as permitted or conditional uses. The ordinance adopting the <br />overlay zone shall by section reference, or by name, identify <br />those permitted uses in the zone that become conditional uses and <br />those permitted or conditional uses that are deleted from the <br />underlying zone. <br />19. According to MCUZO 1.30, the CO, CR, CG, HC (HIGHWAY COMMERCIAL), <br />UT (URBAN TRANSITION), UTF (URBAN TRANSITION FARM) and UD zones <br />are appropriate for the SACP commercial designation. The CO zone <br />is the least intensive commercial zone. Eating and drinking places <br />are not allowed in the CO, UT, UTF and UD zones. The other <br />commercial zones are more intensive zones that would have a <br />greater negative impact on the neighborhood. None of the zones <br />that allow or conditionally permit the proposed use has a list of <br />wholly appropriate uses. Applicant requests the CR zone, the <br />least intensive zone that allows the requested use. The requested <br />zone is the most appropriate zone. The unknown nature of possible <br />future uses necessitates conditional use review of some uses to <br />ensure an appropriate level of development. The CR zone is <br />appropriate if the LU overlay zone is applied. <br />ZC/CPO1-1\ORDER - 17 <br />LUNDEEN <br />