(A) Purpose.
(1) Designation of an area intended as a zoning Overlay District merely supplements the primary underlying zoning district classification.
(2) The height of structure shall be determined by the regulations set forth for the underlying, primary zoning district classification except where more restrictive height and area regulations are specified in an overlay zone.
(3) If there is any conflict between the provisions of this subchapter and other provisions of this chapter, the most restrictive regulation shall apply in the absence of a specific directive to the contrary.
(B) Authority. The City Council may designate Overlay Districts and define, amend and delineate the boundaries thereof in accordance with this subchapter if the proposed Overlay District project would result in a greater benefit to the city than would development under the base zoning district regulations. In designating an Overlay District, the City Council may impose other conditions as are deemed necessary to accomplish the purposes of this chapter and the city's comprehensive plan.
(C) Initiation; removal.
(1) Initiation. An application for an amendment to the official zoning map to provide for an Overlay District may be proposed by the owner(s) of property within the proposed Overlay District, or upon recommendation from the Commission or staff to City Council.
(2) Removal. An application for an amendment to the official zoning map to remove an Overlay District may be proposed by:
(a) All of the owner(s) of property within the Overlay District; or
(b) The Mayor, a member of the City Council or the City Manager, if the property is not being developed in accordance with the master development plan approved by the City Council.
(D) Submission of application.
(1) Application. An application concerning an Overlay District shall be subject to and must satisfy all provisions of § 155.045.
(2) Master development plan. The application must also include a master development plan of the development, which shall be incorporated into any ordinance establishing the requested Overlay District. The plan shall control development within an Overlay District to the extent specified in the ordinance creating the Overlay District. The master development plan must include at a minimum the following:
(a) A comparison of the proposed development with the standards of underlying zoning district and a statement by the applicant describing how the proposed development provides greater benefits to the city than would a development carried out in accordance with otherwise applicable zoning and development regulations;
(b) Identification of site planning features designed to ensure compatibility between on-site residential and nonresidential uses, and with the surrounding neighborhood and land uses;
(c) A narrative addressing the proposed development explaining and tabulating the land uses by gross acre, number of dwelling units by housing type, maximum building coverage by land use type, residential density and/or square footage of nonresidential uses per net acre, common area and open space acreage, potential traffic generation, overall character and architectural style, the relationship of the proposed development to existing development in the area and other related development features;
(d) A site plan drawn to scale of the entire proposed Overlay District, which shall include, but not limited to, the location of buildings, parking lots and circulation, streets, parks, utility easement, the building height, setbacks from all boundaries, trails and trail connections, utilities, existing and proposed land uses, common area, open space, landscaping plan, a conceptual drainage plan and entrance locations on existing roads;
(e) Density and dimensional standards to be applicable within the proposed Overlay District;
(f) A statement of how the proposed development is consistent with the city's comprehensive plan;
(g) The minimum lot square footage for all uses, including the minimum lot width and depth;
(h) Information relating to the transition between and buffering of different uses;
(i) The variation from normal zoning and subdivision provisions needed to implement the plan; and
(j) Other relevant information as may be requested by the director of planning and development services.
(E) Procedures to create Overlay Districts.
(1) Overlay districts shall be created pursuant to the procedures in § 155.041, unless expressly specified otherwise in this subchapter.
(2) Ten copies of the master development plan, which is to be considered by the City Council, must be submitted to the Zoning Administrator at least ten days prior to the meeting during which the City Council will consider the plan.
(F) Overlay district map. The boundaries of any Overlay District established by the City Council pursuant to this subchapter shall be shown on the official district map created and maintained as required pursuant to § 155.004 above.
(Ord. 08-347, passed - -2008)