The purpose of the Special Overlay District (SOD) is to supplement land uses and development standards already in effect under current zoning with more specific development standards, uses and review guidelines that recognize the unique characteristics of an area. These characteristics may be associated with existing structures, natural features and/or site locations. Existing structures may be important to the community from an historical or architectural design perspective. Natural features include topographic features, watercourses, woodlands and wildlife habitats. Site location provides for sites which are important for community image and/or function.

(Ord. 90-22. Passed 5-15-90.)

   Permitted uses shall be those of the underlying zoning district(s). The permitted uses of the underlying zoning district(s) may be reduced or expanded when justified by the Plan required by Section 1169.08.

(Ord. 90-22. Passed 5-15-90.)

   Conditional uses shall be those of the underlying zoning district(s). The conditional uses of the underlying zoning district(s) may be reduced or expanded when justified by the Plan required by Section 1169.08.

(Ord. 90-22. Passed 5-15-90.)

   Development standards from both the Special Overlay District and the underlying zoning district shall apply to sites within a Special Overlay District. In the event of conflict between the standards of the underlying zoning district(s) and a Special Overlay District, the standards of the Special Overlay District shall apply.

(Ord. 90-22. Passed 5-15-90.)

   Enactment of a Special Overlay District shall require:

   (a)   Delineation of the area and basis for a District.

   (b)   Approval by the Planning Commission of the need or justification for the District.

   (c)   Preparation of a conceptual plan governing the district.

   (d)   Creation of applicable uses and development standards that differ from the underlying zoning district.

   (e)   Recommendation of approval of the Plan, development standards, uses and zoning of the area as a Special Overlay District by the Commission.

   (f)   Passage by Council pursuant to Chapter 1109, development standards, uses and zoning of the area as a Special Overlay District.

(Ord. 90-22. Passed 5-15-90.)

   (a)   Special Overlay District zoning may be initiated by the Planning Commission, Council or by a property owner(s) pursuant to Section 1109.01. The application shall be filed in the office of the secretary of the Commission and shall contain the following:

      (1)   All data required by Section 1109.02(a).

      (2)   The description should specifically address the characteristics of the area which the applicant feels justify or establish the need or justification for creation of the district.

      (3)   The map should be drawn to scale and show the location and characteristics of the structures, natural features and/or site locations which are the basis of the district.

   (b)   The secretary of the Commission shall schedule the application for Commission consideration. The Commission shall determine whether there is adequate justification or need for the creation of a Special Overlay District. If the Commission decides that there is adequate justification or need, it shall direct the secretary to prepare a Plan governing the District and develop applicable development standards and uses. In the event the Commission determines that there is not adequate justification or need for the district or that the district boundaries and characteristics should be modified, the applicant or any aggrieved or affected party, including the administrative staff of the City, may appeal the decision of the Commission to Council pursuant to Section 1107.06.

(Ord. 90-22. Passed 5-15-90.)

   (a)   The Planning Commission shall consider the following criteria in deciding whether there is justification or need for a Special Overlay District (SOD):

      (1)   The district boundaries are clearly defined and identifiable so that the district is distinct and separate from adjacent property.

      (2)   The boundaries of the district include all of the properties and only the properties which possess the unique characteristics associated with the district.

      (3)   The characteristics of the district are clearly articulated so as to separate the proposed district from adjacent property or other locations in the City.

      (4)   The characteristics of the district fulfill the purpose and intent of a Special Overlay District as is articulated in Section 1169.01.

      (5)   Creation of the district is consistent with established City plans and/or policies.

   (b)   Upon the Commission determining that there is adequate justification or need for a Special Overlay District, the Commission shall become the applicant for the zoning change pursuant to Section 1109.01(a) and the provisions of Section 1109.03 shall govern the procedures for adopting the Special Overlay District.

   (c)   As part of its direction to staff to prepare the development plan standards and uses for the district, the Commission shall also generally establish a time frame for completion of this work.

(Ord. 90-22. Passed 5-15-90.)

   (a)   At the direction of the Planning Commission, the secretary shall prepare a Plan which:

      (1)   Delineates the boundaries of the district by map and legal description.

      (2)   Identifies and describes those structures, site locations or natural features of the area which contributed to the creation of the district.

      (3)   Identifies specific uses and development standards or guidelines which are intended to create or preserve the unique characteristics of the district. The content of these uses and standards may vary from district to district but may include uses, building and pavement setbacks, minimum lot area, minimum lot width, lot coverage, building height limits, landscaping standards, signage standards, building materials usage, architectural style, parking standards and other site development standards which vary from the development standards of the underlying district(s).

   (b)   As a part of the Plan, the secretary shall prepare a specific list of the permitted and conditional uses and development standards that are applicable in the Special Overlay District and which vary from the uses and development standards permitted in the underlying zoning district(s).

(Ord. 90-22. Passed 5-15-90.)

   Development proposals for individual sites within an approved Special Overlay District shall be reviewed by the Planning Commission for compliance with the regulations of the underlying zoning district as modified by the Special Overlay District. In reviewing proposals for compliance with the regulations, the Commission shall consider the review guidelines contained in the Plan for the Special Overlay District. Any applicant whose specific development proposal is not approved, or any applicant whose proposal is approved subject to modifications may appeal to Council in accordance with the provisions of Section 1107.06.

(Ord. 90-22. Passed 5-15-90.)

   The uses and development standards approved for a Special Overlay District may be amended only by following the procedures for amendment to the Zoning Code as set forth in Chapter 1109. Otherwise, minor modification to an approved Plan may be made by the Planning Commission provided such modification does not increase the overall density of the site or change the essential character of the approved Plan. If the Commission determines that the proposed changes significantly alter the approved Plan, the Plan shall be resubmitted to Council for approval.

(Ord. 90-22. Passed 5-15-90.)