Overlay Districts provide for base districts that allow multiple land uses and flexible development, with the requirement that a specific plan for the area be submitted by applicants. Overlay Districts are used in combination with base districts to modify or expand base district regulations. Overlay Districts are adapted to special needs of different parts of the City. The Overlay Districts are designed to achieve the following objectives:

   1.   To recognize special conditions in specific parts of the City which require specific regulation.

   2.   To provide flexibility in development and to encourage innovative design through comprehensively planned projects.

   The MU Mixed Use District is intended to accommodate projects which combine several compatible land uses into an integrated development. The MU District may also be used to pre-designate parts of the City which are appropriate for a mixture of residential, commercial, office, and accessory uses. The District permits mixing residential areas with workplaces and services. Development in the MU District must accommodate transportation systems, pedestrian and bicycle movement, and surrounding environments. All projects developed in an MU District are subject to the Site Review process as forth in Chapter 170.

   1.   Permitted Uses. Each regulation establishing an MU District establishes the use types permitted within its boundaries.

   2.   Site Development Regulations.

      A.   The minimum area of any MU District is three acres.

      B.   Prior to the issuance of any building permits or other authorization, all projects in the MU District shall receive approval by the City Council, following a recommendation by the Planning Commission, according to the Site Review procedure set forth in Chapter 170 of this Zoning Code. This approval may be granted for a specific plan for the development of an MU District in lieu of a plan for individual projects, provided that any subsequent developments are consistent with the specific plan.

   3.   Amendments. The Zoning Administrator is authorized at his/her discretion to approve amendments to an approved development plan, provided that:

      A.   A written request is filed with the Zoning Administrator, along with information specifying the exact nature of the proposed amendment.

      B.   The amendment is consistent with the provisions of this section.

      C.   The amendment does not alter the approved site regulations of the development plan and does not materially alter other aspects of the plan, including traffic circulation, mixture of use types, and physical design.

      D.   Any amendment not conforming to these provisions shall be submitted to the Planning Commission and City Council for action.

   The PUD Planned Unit Development Overlay District is intended to provide flexibility in the design of planned projects, to permit innovation in project design that incorporates open space and other amenities, and to ensure compatibility of developments with the surrounding urban environment. The PUD District may be used in combination with any base district specified in this Zoning Code. The PUD District, which is adopted by the City Council with the recommendation of the Planning and Zoning Commission, assures specific development standards for each designated project. All projects in the PUD District shall follow the procedures set forth in Chapter 170 of this Zoning Code.

   1.   Permitted Uses. Uses permitted in a PUD Overlay District are those permitted in the underlying base district. A PUD also may be combined with an MU Mixed Use District to allow a combination of use types not anticipated by conventional base districts.

   2.   Site Development Regulations. Site development regulations are developed individually for each Planned Unit Development District but must comply with minimum or maximum standards established for the base district, with the following exceptions:

      A.   Lot area and lot width are not restricted, provided that the maximum density allowed for each base district is not exceeded.

      B.   Maximum building coverage shall be the smaller of the allowed building coverage in the base district, or 60 percent.

   3.   Access to Public Streets. Each PUD District must abut a public street for at least 50 feet and gain access from that street.

   4.   Adoption of District.

      A.   The Planning and Zoning Commission and City Council shall review and evaluate each Planned Unit Development application. The City may impose reasonable conditions, as deemed necessary to ensure that a PUD shall be compatible with adjacent land uses, will not overburden public services and facilities, and will not be detrimental to public health, safety, and welfare.

      B.   The Planning and Zoning Commission, after proper notice, shall hold a public hearing and act upon each application.

      C.   The Planning and Zoning Commission may recommend amendments to PUD district applications.

      D.   The recommendation of the Planning and Zoning Commission shall be transmitted to the City Council for final action.

      E.   The City Council, after proper notice, shall hold a public hearing and act upon any ordinance establishing a PUD Planned Unit Development Overlay District. Proper notice shall mean the same notice established for any other zoning amendment.

      F.   An ordinance adopting a Planned Unit Development Overlay Zoning District shall require a favorable simple majority of the City Council for approval.

      G.   Upon approval by the City Council, the Development Plan shall become a part of the ordinance creating or amending the PUD District. All approved plans shall be filed with the City Clerk.

   5.   Amendment Procedure. Major amendments to the Development Plan must be approved according to the same procedure set forth in Subsection 5 of this section.

   6.   Building Permits. The City shall not issue a building permit, certificate of occupancy, or other permit for a building, structure, or use within a PUD District unless it is in compliance with the approved Development Plan or any approved amendments.

   7.   Termination of PUD District. If no substantial development has taken place in a Planned Unit Development District for 18 months following approval of the District, the Planning Commission shall reconsider the zoning of the property and may, on its own motion, initiate an application for rezoning the property.