Overlay districts are tools for dealing with special situations or accomplishing area-specific planning goals. As the name implies, overlay districts are “over-laid” on zoning district classifications to alter some or all of the regulations that apply in the underlying zoning district.

1. 3.102.A
   Overlay district regulations apply in combination with underlying (base) zoning district regulations and all other applicable regulations of this Development Code. Overlay districts impose additional regulations or modify regulations of the underlying zoning district.
2. 3.102.B
   Unless otherwise expressly stated, all applicable regulations of the underlying zoning district apply to property in an overlay district.
3. 3.102.C
   When overlay district regulations conflict with regulations that apply in the underlying zoning district, the regulations of the overlay district govern.

The Veteran’s Memorial Parkway Overlay (VMPO) district applies to properties with frontage along the right-of-way of Veteran’s Memorial Parkway beginning at its most southern end at the intersection of the west feeder road of IH-45 and ending at the most northern end at the intersection of the west feeder road of IH-45. This Overlay is illustrated on the Official Zoning Map.

Generally, the uses listed in Table 4-1, as permitted or conditional uses for each base zoning district upon which the VMPO District is applied, shall be permitted or conditional uses allowed in the overlay.

The building design standards of Section 3.4010 shall apply to the VMPO district. Portable buildings, modular buildings, pre-manufactured buildings, buildings manufactured as industrialized housing and buildings are prohibited in the VMPO district, except those used as temporary construction offices.

Signage in the VMPO district shall comply with Article 8 Signs and Section 8.503.C, Signs Allowed.

The following development standards apply within the VMPO district:

1. 3.205.A
   Overhead and Underground Utilities

   1. 1.
      All utility, whether service drops or primary, must be placed underground within the Veteran’s Memorial Parkway right-of-way, except at state highways.
   2. 2.
      When allowed, any overhead utilities must be located within the right-of-way, as far as possible from the travel lanes of the road.
   3. 3.
      Any overhead facilities proposed along the section of Veteran’s Memorial Parkway at the Raven’s Nest Golf Course must be presented to City Council for review and approval, with options and cost estimates for overhead or underground facilities or re-routing around the perimeter of the golf course.

The Airport Hazard Overlay (AHO) district is intended to protect the municipal airport and the surrounding area from the encroachment of incompatible land uses that may present hazards to users of the airport as well as persons living or working in the airport vicinity. The overlay district regulations are further intended to:

1. 3.301.A
   Prevent or control influences that are adverse to the airport property and to the safe conduct of aircraft in the vicinity of the municipal airport;
2. 3.301.B
   Prevent creation of conditions hazardous to aircraft operation;
3. 3.301.C
   Prevent conflict with land development that may result in loss of life and property; and
4. 3.301.D
   Encourage development that is compatible with airport use characteristics within the intent and purpose of this Development Code.

The Airport Hazard Overlay district is divided into sub-districts (zones). These zones are shown on the City’s official Airport Hazard Zoning Map, which is adopted as part of this Development Code. The zones are as follows:

1. 3.302.A
   Non-precision Instrument Runway Approach Zone (AHO/AN)

   The inner edge of non-precision instrument runway approach zone (also referred to simply as the “approach zone”) coincides with the width of the primary surface and is 500 feet in width. The non-precision instrument runway approach zone expands outward uniformly to a width of 3,500 feet at a horizontal distance of 10,000 feet from the primary surface. Its centerline is the continuation of the centerline of the runway.

2. 3.302.B
   Transitional Zones (AHO/T)

   The transitional zones are the areas beneath the transitional surfaces. These surfaces extend outward and upward at 90-degree angles to the runway centerline, and the runway centerline extends at a slope of 7 feet horizontally for each one foot vertically from the sides of the primary approach surfaces to the point that they intersect the horizontal surface.

3. 3.302.C
   Horizontal Zone (AHO/H)

   The horizontal zone is established by swinging arcs of 10,000 feet radii from the center of each end of the primary surface of each runway and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal zone does not include the approach and transitional zones.

4. 3.302.D
   Conical Zone (AHO/C)

   The conical zone is established as the area that commences at the periphery of the horizontal zone and extends outward from the periphery for a horizontal distance of 4,000 feet.

Except as otherwise provided, no person may erect, alter, allow to grow or maintain any structure or tree in any zone within the airport hazard overlay created to a height more than the applicable height limit established for such zone. If more than one height limitation covers an area, the more restrictive height limit governs.

1. 3.303.A
   Non-precision Instrument Runway Approach Zone (AHO/AN)

   The non-precision instrument runway approach zone slopes upward one foot vertically for each 34 feet of horizontal distance beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway centerline.

2. 3.303.B
   Transitional Zones (AHO/T)

   The transitional zone slopes upward and outward one foot vertically for each 7 feet of horizontal distance beginning at the sides of and at the same elevation as the primary surface and the approach zones, and extending to a height of 150 feet above the airport elevation, which is 363 feet above mean sea level. Additionally, there are established height limits sloping upward and outward one foot vertically for each 7 feet of horizontal distance beginning at the side of and at the same elevation as the approach zones, and extending to where they intersect the horizontal or conical surface.

3. 3.303.C
   Horizontal Zone (AHO/H)

   The horizontal zone extends 150 feet above the airport elevation or a height of 513 feet above mean sea level.

4. 3.303.D
   Conical Zone (AHO/C)

   The conical zone slopes upward and outward 20 feet horizontally for each foot vertically beginning at the periphery of the horizontal zone and at 150 feet above the airport elevation and extending to a height of 350 feet above the airport elevation.

Notwithstanding any other provisions of this section, no one may use land or water within any airport hazard zone in a way that creates electrical interference with navigational signals or radio communications between the airport and aircraft, make it difficult for pilots to distinguish between airport lights and other lights, result in glare in the eyes of pilots using the airport, impair visibility near the airport, or otherwise in any way create a hazard or endanger the landing, takeoff or maneuvering of aircraft intending to use the airport.

1. 3.305.A
   Regulations not Retroactive

   The airport hazard overlay regulations do not require the removal, lowering or other changes or alterations of any nonconforming structure or tree in existence on October 15, 1976.

2. 3.305.B
   Marking and Lighting

   The owner of any existing nonconforming structure or tree must install, operate and maintain any markers and lights that the City Council deems necessary to indicate to the operators of aircraft near the airport the presence of such airport hazards.

1. 3.306.A
   Future Uses

   No person is allowed to make any material change in the use of the land, and no person can erect, alter, plant or otherwise establish a structure or tree in any airport hazard district zone unless the person applies for and receives an AHO permit from the City Planner.

   1. 1.
      No AHO permit is required for a tree or structure of less than 75 feet of vertical height above the ground in the horizontal and conical zones or in any approach and transitional zones beyond a horizontal distance of 4,200 feet from each end of the runway unless such tree or structure, because of the terrain, land contour or topographic feature, would extend above the height limit prescribed for the respective zone.
   2. 2.
      An applicant for an AHO permit must indicate the purpose of the permit with sufficient information to determine whether the resulting use, structure or tree would conform to the airport hazard overlay regulations. If such determination is in the affirmative, the permit will be granted. No AHO permit may be granted for activities that are inconsistent with the AHO district regulations unless a variance has been approved by the Board of Adjustment.

No AHO permit may be granted that would allow the establishment or creation of an airport hazard or permit a nonconforming use, structure or tree to become a greater hazard to air navigation than it was on October 15, 1976.

Any AHO permit granted must, if such action is deemed advisable in light of the purposes of the airport hazard overlay zone and reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question to install, operate and maintain a signal to indicate to pilots the presence of an airport hazard.

The I-45 Overlay (I-45-O) is established to recognize the corridor as a unique area that promotes a mix of uses that may include commercial, retail, office, and special areas, along the corridor.

The I-45-O District applies to properties with frontage along Interstate 45. This Overlay is illustrated on the Official Zoning Map.

The uses listed in Table 4.1, as permitted or conditional uses for each base zoning district upon which the I-45-O District is applied, shall be permitted or conditional uses allowed in the overlay. 

Conditional Uses

The following uses shall require a conditional use permit regardless of the base zoning district: 

1. 3.505.A
   Hospital; 
2. 3.505.B
   Wireless communications;
3. 3.505.C
   Animal service;
4. 3.505.D
   Commercial service;
5. 3.505.E
   Funeral or mortuary service; and
6. 3.505.F
   Vehicle Sales and Service.

1. 3.506.A

   Residential Development. Dimensional requirements for new residential development in the I-45-O District shall comply with the standards for the HR zoning district in Sec. 5.200. 

2. 3.506.B
   Nonresidential Development. Proposed new mixed use and nonresidential development in the I-45-O District shall comply with the underlying base zoning district standards, as outlined in Section 5.300, except that:

   1. 1.
      ​​​The minimum lot width shall be 125 feet; and 
   2. 2.
      The maximum front setback shall be 115 feet.

Landscaping and Buffers

Landscaping and buffers in the I-45-O District shall comply with the requirements of Article 7, Landscaping and Buffers, except that:

1. 3.408.A

   Minimum Landscaping. At least 20 percent of the total lot area must be devoted to landscape development.

2. 3.408.B

   Plantings Adjacent to Building. Plantings adjacent to the building, as depicted in Figure 3-1, shall be installed according to the following:

   1. 1.
      Minimum Area. Principal buildings shall have plantings adjacent to the base of the building, according to the following formula:

The Residential Protection Overlay (RP-O) District is intended to help protect property values by conserving the overall character and function of previously existing single-family detached house residential areas of the City. It is intended for application in stable single-family detached house neighborhoods.

Commentary: Applicable to the RP-O district, see Article 15, Definition of "Family". 

The RP-O District applies to existing development designated with such overlay on the Official Zoning Map.

The intended use is residential single-family occupancy only. In the RP-O District, when dwelling units are rented, it shall be for single-family occupancy only, tenancy shall be arranged on a month-to-month or longer basis. Uses where tenancy may be arranged for a shorter period are not considered residential; they are considered a form of lodging and are prohibited.

Commentary: Air B&B's in single family structures are considered Short-term lodging. 

Manufactured homes, mobile homes and steel shipping containers are prohibited in the RP-O District.