An overlay district is intended to provide a regulatory framework that will facilitate innovative approaches to the development or redevelopment of land. Adopted overlay district plans applicable within an overlay district may allow within its boundaries the mixing of uses not ordinarily authorized within traditional zoning districts, unusual bulk or coverage characteristics, shared or unusual parking facilities, modified front, side and rear yard regulations, nontraditional lot sizes and configurations and nontraditional layouts of public infrastructure, including, without limitation, streets, utilities and parks.

(Code 1994, § 5-13-1; Ord. No. 3861, § 1, 10-6-2009)

The city council may, in the manner provided by this chapter, designate an overlay district within any one or more of the traditional zoning districts authorized elsewhere in this title. The boundaries of any overlay district designated, as provided in this chapter, shall be shown on the official zoning map as an overlay with respect to the existing underlying district or districts with the additional designation of OD followed by the number of the ordinance which designated the overlay district. No overlay district may be designated without the simultaneous approval of a plan for the overlay district.

(Code 1994, § 5-13-2; Ord. No. 3861, § 1, 10-6-2009)

(a)

The city or any other person or entity may apply to the zoning administrator for the designation of an overlay district. Any such application must include:

(1)

The name, address, telephone number and email address of the applicant;

(2)

A legal description of the proposed overlay district;

(3)

The property identification numbers of all parcels located within the proposed overlay district;

(4)

A proposed overlay district plan having the content hereinafter specified.

(b)

Any application submitted by any person or entity other than the city, must include the written consent to the proposed designation and plan of at least one owner of record of at least two-thirds of the parcels proposed to be located within the overlay district and at least two-thirds of the total area of the proposed district.

(Code 1994, § 5-13-3; Ord. No. 3861, § 1, 10-6-2009)

(a)

An overlay district plan may provide for uses, housing types, minimum lot and yard requirements and setbacks, standards for building height and bulk, accessory uses, accessory buildings, parking facilities, standards for signs, and public or private infrastructure within the overlay district which supersede regulations otherwise applicable within the underlying zoning district and, where applicable, any standards for the subdivision of land within the overlay district which are inconsistent with the standards found at title 6, chapter 3. An overlay district plan must include at least the following components:

(1)

A description of the overall theme or purpose of the proposed overlay district;

(2)

A detailed recitation of any modifications to zoning regulations or subdivision standards which would be applicable within the proposed overlay district;

(3)

A map drawn at a scale of one inch equals 100 feet or such other scale as the zoning administrator may approve showing the following information:

a.

The boundary of the proposed overlay district;

b.

All streets and zoning districts lying outside of but within 200 feet of the boundaries of the proposed overlay district;

c.

All existing or proposed streets located within the boundaries of the proposed overlay district;

d.

Major improvements which the applicant proposes to construct within the proposed overlay district;

e.

The underlying use districts applicable within the proposed overlay district.

(b)

Except where specifically superseded or modified in the overlay district plan approved upon the designation of the overlay district, all regulations applicable within the underlying use districts over which the overlay district is superimposed shall continue to apply as if the overlay district did not exist.

(Code 1994, § 5-13-4; Ord. No. 3861, § 1, 10-6-2009)

An overlay district must have an area of not less than five acres and must be compact and contiguous.

(Code 1994, § 5-13-5; Ord. No. 3861, § 1, 10-6-2009)

Except as otherwise provided in this chapter, an application for designation of an overlay district shall be considered in accordance with the procedure established for the amendment of this title found in section 4-12-9. For the purposes of considering an application for designation of an overlay district, any references in section 4-12-9 to an application or proposal for an amendment shall be construed as a reference to an application or proposal for designation of an overlay district.

(Code 1994, § 5-13-6; Ord. No. 3861, § 1, 10-6-2009)

Notice of a public hearing on an application for designation of an overlay district shall be published in the same manner and on the same schedule as notices of proposed amendments to this title are published. In addition to the published notice of hearing on the proposed designation of an overlay district, if an application for the designation of an overlay district includes one or more parcels owned by someone other than persons whose written consent to designation of the overlay district have been submitted with the application for designation, the applicant must give written notice of the hearing to the person in whose name general real estate taxes for each such parcel were or are to be billed as shown on the most recent records maintained by the county clerk. Such written notice shall contain the same information as the notice published by the zoning administrator with respect to the proposed overlay district and shall either be personally served or sent by certified mail/return receipt requested at least 15 days prior to the public hearing on the designation of the district. The applicant shall provide evidence in a form satisfactory to the zoning administrator that such notice has been given.

(Code 1994, § 5-13-7; Ord. No. 3861, § 1, 10-6-2009)

After submission of an application for designation of an overlay district, but prior to such designation, the city council may in its discretion modify the plan proposed by any applicant. After the designation of an overlay district and approval of a plan for that district, such plan may not be modified except in accordance with the procedure established in this chapter for the initial designation of an overlay district and approval of a plan for that district.

(Code 1994, § 5-13-8; Ord. No. 3861, § 1, 10-6-2009)

After submission of an application for designation of an overlay district, but prior to such designation, the city council may in its discretion, modify the boundaries of the proposed district to exclude territory originally proposed for inclusion in the overlay district. The boundaries of a proposed overlay district may not be modified to include territory not originally proposed for inclusion in the proposed district under the original application without the submission of an amended application and consideration of that amended application in accordance with the procedures established in this chapter. After the designation of an overlay district, the boundaries of the district may not be modified except through the submission of an application and approval of that application in accordance with the procedures established in this chapter.

(Code 1994, § 5-13-9; Ord. No. 3861, § 1, 10-6-2009)

(a)

An overlay district created under the terms of this chapter may be terminated in accordance with the procedure established in this chapter for designation of an overlay district, for any reason deemed appropriate by the city council, including, without limitation, the following:

(1)

Failure on the part of the proponent or proponents of the overlay zoning district to substantially commence implementation of the overlay district plan within two years after designation of the overlay district and approval of the plan for that overlay district;

(2)

Violation of the terms and conditions of the overlay district plan by persons having an interest in property included within the overlay district; and

(3)

A substantial change in circumstances within the overlay district or in areas adjoining the overlay district.

(b)

Upon termination of an overlay district, the plan for that district shall be void and of no further effect; provided, however, that in the event any person has received a building permit for the construction of improvements to be made in accordance with the plan for an overlay district prior to termination of the overlay district, such owner may complete such improvements in accordance with the plan and any building permit received for such improvements without regard to the termination of the overlay district.

(Code 1994, § 5-13-10; Ord. No. 3861, § 1, 10-6-2009)