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6. Actions if the overlay is denied. <br />1. Whenever an application for an overlay district has been considered and denied by the City Council, a <br />similar application and proposal for an overlay affecting the same property shall not be considered again <br />by the Planning Commission or the City Council for at least one (1) year from the date of its denial except <br />as follows: <br />1. Applications for an overlay are withdrawn prior to the City Council taking action on the matter. <br />2. If the City Council determines by a vote of not less than four -fifths (4 of 5 votes) majority that <br />the circumstances surrounding a previous application have changed significantly. <br />7. Time period (duration) of this Institutional Overlay approvals. <br />1. An Institutional Overlay shall remain in effect until one of the following occurs: <br />1. Unless the City Council specifically approves a different time when action is officially taken on <br />the request, the rezoning for an Institutional Overlay shall become null and void twelve (12) <br />months after the date of approval, unless the property owner or applicant has substantially started <br />construction of any building, structure, addition or alteration, or use requested for this overlay. <br />The property owner or applicant shall have the right to submit an application for time extension <br />in accordance with this section. <br />2. If any one of the following occur the overlay shall expire: <br />1. The use of the property is changed to not be in accordance with the uses outlined in this <br />section of this Ordinance; <br />2. The organization to which the permit for and Overlay District has been given is no <br />longer the occupant of the building or facilities on the site. No leases or subletting of the <br />building or facilities operating on an Institutional Overlay shall be permitted. <br />3. If an Institutional Overlay is allowed to expire or is revoked for cause, the parcel of <br />property shall revert back to the underlying zoning of the parcel. <br />Updated January 2025 — Gem Lake Consolidated Land Use Ordinance No. 131 70 <br />