Because of the special characteristics related to a Mixed Use Overlay District, specific provisions governing the development of land for this purpose are required. Whenever there is a conflict or difference between the provisions of this Chapter and those of other Chapters of this Development Code, the provisions set forth in this Chapter shall govern. Any existing provisions that are not covered by this Chapter shall be governed by the respective provisions and requirements found elsewhere in this Development Code, unless modified by the General Development Concept as provided for below.
The City Council, upon a recommendation from the Planning Commission, may modify any applicable provisions and requirements contained in this Development Code when approving a General Development Concept, including the regulations in this Chapter, if it is shown by the applicant that:
(a) There will be preservation of distinctive physical characteristics of the site; or,
(b) Additional amenities or public spaces or increased efficiency in public services will be provided;
(c) Through imaginative and skillful design in the arrangement of buildings, open space, streets, access drives and other features, the application results in a development of equivalent or higher quality than that which could be achieved through strict application of the applicable provisions and requirements; provided that the development, as proposed, shall have no adverse impact upon the public health, safety or general welfare of the City.