(A) Purpose. The Redevelopment Overlay District is intended to recognize that private investment undertaken to comply with the requirements of this Code may, in certain areas and circumstances existing in the village, be counterproductive to the village's long term land use goals and policies of creating dynamic, pedestrian oriented mixed use areas that accommodate mixed commercial and retail environments together with complementary medium and high density residential development. Inappropriate investment in properties located in areas characterized by underdevelopment, obsolete development or development no longer in harmony with patterns emerging in the vicinity may simply delay the time when economic conditions would warrant total redevelopment of the area or may increase the ultimate cost of public programs designed to foster such redevelopment. It is the purpose of this overlay district to provide the Board of Trustees with discretion to temporarily modify, waive or vary standards of this Code when doing so will prevent such counterproductive private investment and will facilitate the type of mixed use development that the village believes is critical to its long term social and economic well being.
(B) Overlay district designation; redevelopment as planned developments.
(1) Zoning Map. The Redevelopment Overlay District appears on the Zoning Map as an "overlay district" imposed on top of other districts created by this Code and referred to in this section as "base districts."
(2) Planned developments. Development of properties in the Redevelopment Overlay District shall be approved pursuant to the procedures set forth in § 156.160(M). In all events, development in the Redevelopment Overlay District must comply with all regulations of the base district in which they are located except to the extent that any such regulations are modified, waived or varied by this section or a special permit granted in the overlay district. Where there is any conflict between the Redevelopment Overlay District and the base district, the provisions of the Redevelopment Overlay District shall control.
(C) Mapping restrictions; plan required.
(1) The Redevelopment Overlay District shall be established in the following areas of the village:
(a) Grant Street and Eastern Avenue Redevelopment District. The area known as the Grant Street and Eastern Avenue Redevelopment District and legally described as set forth in Ordinance 7-03, passed January 10, 2007.
(b) Cernan Avenue Redevelopment District. The area known as the Cernan Avenue Redevelopment District and legally described as set forth in Ordinance 7-03, passed January 10, 2007.
(c) I-290 and 25th Avenue Redevelopment District. The area known as the I-290 and 25th Avenue Redevelopment District and legally described as set forth in Ordinance 7-03, passed January 10, 2007.
(d) Lake Street and 25th Avenue Redevelopment District. The area known as Lake Street and 25th Avenue Redevelopment District and legally described as set forth in Ordinance 7-03, passed January 10, 2007.
(e) Bellwood Avenue South Redevelopment District. The area known as the Bellwood Avenue South Redevelopment District and legally described as set forth in Ordinance 7-03, passed January 10, 2007.
(2) With the exception of the areas listed above, the Redevelopment Overlay District shall not be mapped on the zoning district map except pursuant to an application to amend the zoning district map filed pursuant to § 156.159; provided, however, that notwithstanding the provisions of that section, no such application to map a Redevelopment Overlay District shall be filed unless accompanied by the information required pursuant to § 156.160(M) for the area proposed to be included in the Redevelopment Overlay District.
(D) Redevelopment special permits.
(1) Nature of redevelopment projects. All redevelopment projects in the Redevelopment Overlay District shall be a mix of commercial and retail uses and, where appropriate, complementary medium to high density residential, or mixed density residential development. Approval of a redevelopment project in the Redevelopment Overlay District shall be subject to the issuance of a redevelopment special permit processed and approved in accordance with § 156.160(M); provided, however, that no such permit shall be recommended or granted except where the applicant can demonstrate to the satisfaction of the Board of Trustees, in their sole and absolute discretion, that the redevelopment project is consistent with the purposes for which Redevelopment Overlay Districts may be established pursuant to this section.
(2) Lot area, yard, bulk requirements. The lot, yard, and bulk requirements of the base district shall not apply, except as otherwise provided below, to any redevelopment project. The following lot area, yard, and bulk requirements shall apply to any redevelopment project:
(a) Minimum lot area: 25,000 square feet.
(b) Minimum perimeter yards:
1. The minimum required front, rear, and side yards of the base district shall apply to the perimeter of a redevelopment project. There shall be no corner side yard requirement for a redevelopment project.
2. For the purposes of determining the location of each yard, the front yard shall be deemed to include the main ingress and egress into a redevelopment project from an adjacent street.
3. In the event that a redevelopment project includes more than one base district with differing yard requirements, the required perimeter yards shall be determined by taking the average value of the minimum required yards in each district (e.g. 40 foot required front yard + 30 foot required front yard = 35 foot front yard for redevelopment project).
(c) Maximum height:
1. Residential: 65 feet;
2. Stand alone office commercial: 45 feet;
3. Stand alone retail: 35 feet;
4. Mixed commercial/retail: 55 feet;
5. Mixed commercial or retail/ residential: 75 feet.
(d) Maximum lot coverage: No redevelopment project shall be developed with an impervious lot coverage that exceeds 80% of the lot area.
(3) Other development regulations.
(a) Base district regulations. Except as otherwise provided in division (D)(3)(b) of this section, all applicable base district parking and loading requirements, sign regulations, accessory use, and any buffer and landscaping requirements shall apply to a redevelopment project.
(b) Redevelopment project in multiple base districts. Where a redevelopment project is in two or more base districts, the base district with the most restrictive regulations regarding parking and loading requirements, sign regulations, accessory use, and any buffer and landscaping shall apply to the redevelopment project.
(c) Modification, waiver, or variation of base district regulations. Notwithstanding anything to the contrary in this division (D)(3), the Plan Commission may recommend and the Board of Trustees may authorize the modification, waiver or variation of the parking and loading requirements; sign regulations; accessory use; and any buffer and landscaping requirements applicable in the base district. Such modifications, waivers or variations shall be specified in the redevelopment special permit.
(d) Redevelopment agreement. In no event shall the Board of Trustees adopt and approve a redevelopment special permit unless and until the applicant and village have finally negotiated and agreed to all terms, conditions, covenants, obligations, and requirements of a redevelopment agreement, the form and substance of which shall be acceptable to the Village Attorney.
(Ord. 7-03, passed 1-10-07)