A.   Purpose And Intent: As the name implies, Overlay Districts "over-lay" applicable base zoning district classifications to alter some or all of the base zoning district regulations that apply to particular sites. Overlay Zoning Districts work to modify or supplement the regulations imposed by base zoning districts when necessary to address special situations or accomplish specific City goals. Overlay zoning is intended to be used when the base zoning district applied to an area remains generally appropriate, but when an additional, modified or eliminated requirement could help implement the City's planning goals or address an area-specific planning, design or land use regulation issue.

   B.   Interpretation:

      1.   All applicable regulations of the underlying base zoning district apply to property in an Overlay District unless otherwise expressly stated in the Overlay District regulations.

      2.   When overlay regulations conflict with regulations that otherwise apply in the underlying base zoning district, the regulations of the applicable overlay govern. If property is classified in multiple Overlay Districts and the regulations of one Overlay District conflict with the regulations of another Overlay District, the more restrictive regulations govern.

   C.   Procedure: The boundaries of Overlay Zoning Districts must be shown on the official zoning map. The following procedures apply to the establishment, amendment or termination of all Overlay Districts unless otherwise expressly stated.

      1.   Overlay District regulations must be established, amended or terminated in accordance with the zoning text amendment procedures of section 10-15-2 of this title.

      2.   Except as otherwise expressly stated, zoning map amendments establishing, expanding or reducing the boundaries of an Overlay District or terminating all or part of an Overlay District must be processed in accordance with the zoning map amendment procedures of section 10-15-3 of this title. (Ord. 2018-16, 12-4-2018)

   A.   Land classified in a PUD Overlay Zoning District on the effective date specified in section 10-1-3 of this title will continue to be classified in the PUD Overlay District.

   B.   No applications to establish new PUD Zoning Districts or to expand the boundaries of existing PUD Zoning Districts may be accepted for processing after the effective date specified in section 10-1-3 of this title. Amendments to existing PUDs may be processed in accordance with the zoning map amendment procedures of section 10-15-3 of this title.

   C.   The PUD Zoning District regulations in effect immediately before the effective date specified in section 10-1-3 of this title and all applicable conditions of approval of an approved PUD govern the use and development of Legacy PUD-Zoned areas unless and until the subject PUD is abandoned. (Ord. 2018-16, 12-4-2018)

   A.   Purpose: The DMX (Downtown Mixed-Use Overlay) District is intended to implement the comprehensive plan by helping preserve and enhance walkable, mixed-use development patterns within the downtown area.

   B.   Applicability: Except as otherwise expressly stated in this UDO, the DMX regulations of this section apply within the boundaries of the DMX Overlay District to all new uses and structures and all building alterations and site modifications that require a building permit. The DMX regulations govern in the event of conflict with the regulations of the underlying base zoning district.

   C.   Exemptions:

      1.   Existing detached houses and duplexes and additions to existing detached houses and duplexes are exempt from compliance with all DMX regulations of this section.

      2.   Uses and structures that are accessory to existing or new detached houses or duplexes are exempt from compliance with all DMX regulations of this section.

      3.   Buildings occupied exclusively by public, civic use and institutional use types (see section 10-6-4 of this title) are exempt from compliance with all DMX regulations of this section.

   D.   Drive-Through Facilities: Drive-through facilities are expressly prohibited on lots with frontage on Graham Avenue.

   E.   Driveways: Curb cuts and driveways taking access to Graham Avenue are expressly prohibited.

   F.   Frontage Classifications: Street frontages in the downtown area are classified according to their existing and proposed future character. Three (3) frontage types are described below and shown on the zoning map:

      1.   Primary: The "primary" frontage designation is applied along Graham Avenue - where the highest level of walkability is expected and desired. The regulations that apply to primary frontages are intended to help ensure that buildings are pulled up to the front property line and that buildings are "activated" to promote pedestrian interest, comfort and safety.

      2.   Secondary: The "secondary" frontage designation is applied along side streets off of Graham Avenue. Although it is important to maintain the traditional main street character of these frontages, the regulations allow greater flexibility in terms of building location and site design.

      3.   Changing Classifications: A change in frontage classification is considered a rezoning and is subject to the zoning map amendment procedures of section 10-15-3 of this title.

   G.   Primary Frontage Regulations: The following regulations apply to all primary frontages. Exceptions and rules of measurement are established in subsection I of this section.

 

   H.   Secondary Frontage Regulations: The following regulations apply to all secondary frontages. Exceptions and rules of measurement are established in subsection I of this section.

 

   I.   Measurements And Exceptions:

      1.   Build-To-Zone:

         a.   The build-to zone is the area on the lot where the front building facade must be located, measured as a minimum and maximum yard (setbacks) ranges from the edge of the street right- of-way.

         b.   The required percentage specifies the amount of the front building facade that must be located within the build-to zone, based on the width of the front building facade divided by the width of the lot.

         c.   Outdoor open space, plazas and outdoor dining areas are counted as part of the building for the purpose of measuring compliance with build-to zone requirements, provided that:

            (1)   The area does not exceed one-third (1/3) the length of the building face or thirty five feet (35'), whichever is less;

            (2)   The area is no more than thirty five feet (35') in depth; and

            (3)   No more than one such feature may be counted per frontage.

         d.   On corner lots a building facade must be placed in the build- to zone for the first thirty feet (30') along each street extending from the corner (the intersection of the build-to- zones).

      2.   Transparency:

         a.   Transparency regulations govern the percentage of a street- facing building facade that must be covered by glazing (e.g., transparent windows and doors).

         b.   The transparency of a ground-story facade is measured between two feet (2') and ten feet (10') above the abutting sidewalk.

         c.   The transparency of an upper-story facade is measured from top of the finished floor to the top of the finished floor above. When there is no floor above, upper-story transparency is measured from the top of the finished floor to the top of the wall plate.

         d.   Glazed elements must be clear and non-reflective and not be painted or tinted (transparent, low-emissivity glass is permitted).

      3.   Blank Wall Area:

         a.   Blank walls are areas on the exterior facade of a building that do not include a substantial material change; windows or doors; columns, pilasters or other articulation greater than twelve inches (12") in depth.

         b.   Blank wall area regulations apply in both a vertical and horizontal direction to ground- and upper-story street-facing facades.

      4.   Street-Facing Building Entrances:

         a.   Required street-facing building entrances must provide ingress and egress for residents and customers. Additional entrances are also permitted.

         b.   An angled entrance may be provided at either corner of a building along the street to meet the street-facing entrance requirements. (Ord. 2018-16, 12-4-2018)