1268.11 OVERLAY DISTRICT.
   (a)   Purpose. This district is established to preserve and protect the traditional development patterns of the central business area and accompanying residential uses. The preservation and continuation of land use patterns that encourage sidewalks for commercial and residential purposes, on-street parking, and other facets common to the existing development is encouraged. The creation of this district is meant to institute procedures, whereby the commission may determine the most appropriate use and design harmonious with traditional development patterns.
   (b)   Applicability. This district is established as an overlay district by the City Council and is superimposed in specific areas over existing districts. All regulations in the underlying district, unless modified by this section, shall apply in addition to these regulations.
   (c)   Boundaries. The boundaries of the central business zone are hereby adopted as the boundaries of the overlay zone.
   (d)   Permitted uses. As a matter of right, those buildings and uses principally permitted in the underlying district shall be permitted in accordance with all applicable regulations of that underlying district.
      (1)   In addition to the underlying district uses the commission may approve the mixture of commercial and residential uses within an area and or within a building. In the case of mixed uses within a building the first floor of the building shall be dedicated to commercial uses. The density of residential use shall be approved by the commission consistent with the purpose of the overlay district.
      (2)   Accessory buildings and uses shall be permitted if approved by the commission as being consistent with the purpose of the overlay district.
   (e)   Parking. On-street parking is recognized as an essential component in traditional town planning. Accordingly, the provision of such parking shall be considered in the calculation of on-site parking and the requirements of Chapter 1272 of this code may be reduced as necessary by the Planning and Zoning Commission in recognition of available on-street parking and the pedestrian nature of the area. All parking and loading is encouraged in rear yards.
   (f)   Sidewalks. Sidewalks are required along all streets and alleys.
   (g)   Yard requirements. The commission may approve yard requirements consistent with the purpose of the overlay district. It is anticipated that commercial buildings will have a zero lot line for front and side yards. Further it is recognized that rear yards will be designed to accommodate parking and loading zones.
   (h)   Landscaping. The commission may waive all landscaping requirements.
   (i)   Signs. No pole signs are permitted.
   (j)   Curb cuts. Curb cuts are discouraged in front yards. Curb cuts are encouraged in rear yards along alleys whenever possible.
   (k)   Building design. Retail commercial buildings shall be designed to be encourage sidewalk shopping and sidewalk access. Features such as large first floor windows dedicated to sidewalk displays are encouraged. A minimum of two stories in height above grade is encouraged.
   (l)   Existing traditional buildings. In the case of destruction to all or part of an existing building constructed prior to 1950 the commission may approve plans to maintain or restore such traditional buildings. The Commission may alter parking requirements, yards, density and floor area provisions to the extent necessary to restore or replace the building to its earlier design, shape, and size.
   (m)   Approval process. All requests that require Planning and Zoning Commission approval shall submit plans consistent with the above provisions. The Commission shall have no more than 65 days from the date of the first meeting at which the plans are discussed to either:
      (1)   Approve the plans as submitted;
      (2)   Approve the plans with modifications and conditions; or
      (3)   Deny the plans as inconsistent with the overlay district. In this instance the Commission shall include in its denial the specific items that are inconsistent with the overlay district provisions.
   (n)   Application fee. A review fee consistent with Section 1278.23 is required.
(Ord. 2001-081. Passed 8-6-01.)