1135.01 PURPOSE.
   (a)   The purpose of the Mixed Use Overlay District is to provide a mechanism to accommodate development reuse and redevelopment in specified locations, which is in the public interest and may not otherwise be permitted pursuant to this Code . A Mixed Use Overlay District may overlay several base districts. However, the uses permitted in each underlying district are limited to the boundaries of that district, and the regulations of the underlying district shall govern, except where additional uses are expressly allowed under this Chapter.
   (b)   The Mixed Use Overlay District requirements and regulations allow for more flexibility than those pertaining to other uses within the Code . A Mixed Use Overlay District may be mapped in an area where the proposed use changes certain character and features otherwise limited by the underlying zoning only if it has been determined that the current and anticipated future uses in the immediate vicinity will be compatible with the mixed uses proposed and that such uses are consistent with the Development Plan. Therefore, the Commission shall consider Mixed Use Overlay developments on a case-by-case basis.
   (c)   A Mixed Use Overlay District should offer one (1) or more of the following advantages:
      (1)   Designs in residential and commercial areas that reflect the City’s development and planning policies as set forth in this Code and that are consistent with the Vision .
      (2)   Designs that are intended to encourage flexibility, innovation, and creativity in site and development design by allowing the mixing of permitted uses and/or modification or variation from otherwise applicable zone district and development standards.
(3)   Designs which encourage a mix of retail, service, office, housing, live-work units, and public activities to coexist in a manner that reflects human scale and emphasizes pedestrian orientation, taking advantage of the vitality that mixed uses can bring to the community.
      (4)   Designs which provide substantial buffers and transitions between areas of different land uses and development densities.
      (5)   Designs which enhance the appearance of neighborhoods by conserving areas of natural beauty and natural green spaces.
      (6)   Designs which provide a choice in the type of environment available to the public by allowing development that would not be possible under the strict application of other sections of this Code .
      (7)   Development and/or permanent reservation of open space, recreational areas and facilities.
      (8)   A creative approach to the use of land and related physical facilities that result in better urban design, higher quality construction and the provision of aesthetic amenities.
      (9)   The efficient use of land, so as to promote certain economies in the provision of utilities, streets, schools, public grounds and buildings, and other facilities.
         (Ord. 59-04. Passed 7-6-2004.)