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Can an overlay zoning district exist as a distinct district for uses within a zoning ordinance?

Yes. An overlay district sits on top of an existing zoning classification and permits additional uses. Overlay districts are particularly helpful in providing specialized zoning requirements for unique land uses from utility scale solar or windfarms to intensive livestock or commercial farming operations to marihuana facilities or establishments. With a renewable energy overlay placed in an existing Agriculture district, the parcel could conduct any special or permitted uses allowed in the Agriculture district as well as those uses allowed by right or special use permit in the renewable energy overlay.

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At Fahey Schultz Burzych Rhodes PLC, we’ve been helping municipalities, franchised businesses, employers, and more with their legal needs since 2008. We’d love to learn how we can help you, too.