(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)

   (A)   Purpose.

      (1)   The purpose of planned unit development regulations is to allow more creative and imaginative design of land development than may be possible under district zoning regulations.

         (a)   Planned unit developments are intended to allow substantial flexibility in planning and design while maintaining consistency with the general provisions of this chapter and of the city's comprehensive plan.

         (b)   This flexibility often accrues in the form of relief from compliance with conventional Zoning Ordinance site and design requirements.

         (c)   Ideally, this flexibility results in a development that is better planned and makes more efficient use of resources than one produced in accordance with typical Zoning Ordinance standards.

      (2)   Approval of a planned unit development is intended to:

         (a)   Promote innovative and creative design of residential and nonresidential areas;

         (b)   Promote efficient use of land by facilitating a more economic arrangement of buildings, infrastructure, circulation systems, land use and facilities;

         (c)   Encourage high standards in the layout, design and construction of residential and nonresidential development and promote opportunities for varied housing types;

         (d)   Conserve, protect and enhance the natural environment through flexibility of design and development within a PUD, and preserve environmentally sensitive lands;

         (e)   Allow a diversification of uses, structures and open space in a manner compatible with both the surrounding, existing and approved development of land surrounding and abutting the PUD site;

         (f)   Provide more useable and suitably located open space and recreation facilities, as well as other public and common facilities than would otherwise be provided under conventional land development planning practices;

         (g)   Achieve harmonious building and site designs; and

         (h)   To create a method for the permanent preservation of historic buildings and/or landmarks.

   (B)   Designation.

      (1)   Criteria for designation. A designation for a Planned Unit Development Overlay District may be made if:

         (a)   The PUD Overlay District project would result in a greater benefit to the city than would development under the base zoning district regulations;

         (b)   The site of the proposed PUD Overlay District contains at least two acres of contiguous land, unless Council finds that the property of less than two acres is suitable by virtue of its unique historical character, topography or other natural features or unique design layout of proposed subdivision; and

         (c)   The PUD Overlay District project satisfies all other provisions of this subchapter and is consistent with the city's comprehensive plan.

      (2)   Process for designation. The initiation, application and procedure to establish a PUD Overlay District shall be in accordance with division (A) above. Additionally, the master development plan must include:

         (a)   The existing and proposed use of the structure;

         (b)   Any planned rehabilitation by the property owner; and

         (c)   The nature and degree of endangerment to the structure.

      (3)   Removing a designation. A designation for a PUD Overlay District may be removed in the same manner and by the same process by which it was enacted.

   (C)   Property development standards.

      (1)   Lot. The minimum lot area, width, frontage and yard requirements for single-family residences may be altered as approved by City Council.

      (2)   Streets. Minimum street widths or alleys proposed within a PUD Overlay District shall be flexible in order to promote innovative design.

      (3)   Off-street parking. A minimum of two off street parking spaces shall be provided for each single-family unit.

         (a)   The required off-street parking spaces must be located on the lot of the single-family unit or be provided elsewhere within the proposed development.

         (b)   The single-family dwelling unit garage does not count toward satisfying this requirement.

         (c)   No portion of a street may be used in calculating the required off-street parking spaces. All nonresidential parking shall comply with city ordinances and regulations.

      (4)   Building height. Height limitations shall be the same as imposed in this chapter for the underlying zoning district.

      (5)   Open space. At least 30% of the open space required in herein shall be converted to common areas used for recreation or parks.

      (6)   Landscaping. Landscaping shall be provided for residential and nonresidential developments. A minimum of two trees and eight shrubs shall be provided for each single-family residential unit on each single-family residential lot. Fifty percent of the required trees may be located in an open space as defined herein. The specific placement, forward of the rear building line, shall be left to the discretion of the developer. Whenever practicable, the preservation of existing trees is encouraged.

      (7)   Buffering and screening. Open space buffers and screening shall be required to separate land uses within ths PUD Overlay District. No parking lot, structures or equipment pads shall be placed in an open space buffer. The minimum size of an open space buffer shall be 20 feet measured from the exterior property line that is adjacent to the single-family or duplex use. Screening shall be provided along the property line adjacent to the single-family or duplex use.

      (8)   Engineering and construction standards. Engineering and construction standards shall be the same as imposed in the International Building Code.

(Ord. 08-347, passed - -2008)

   (A)   Penalty. The person commits an offense if the person violates the provisions of this chapter and shall be guilty of a misdemeanor, punishable by a fine not to exceed $500. Each day in which a violation continues shall constitute a separate offense.

   (B)   Civil enforcement. If a building or other structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or if a building, other structure or land is used in violation of this chapter, the City Council may, in addition to other remedies, institute an appropriate civil action to prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate the violation or to prevent the occupancy of the building, structure or land or prevent any illegal act, conduct, business or use on or about the premises. The city shall be entitled to recover its reasonable attorney's fees and expenses for prosecuting any action to a successful conclusion.

(Ord. 08-347, passed - -2008)