§ 153.023 RMF: MULTI-FAMILY DISTRICT.
   Within the RMF zone as shown on the zoning map of the town, incorporated by reference in § 153.021, the following regulation shall apply.
   (A)   Permitted uses. Multi-family dwellings and customary accessory structures and uses.
   (B)   Off-street parking. Off-street parking shall be provided for all uses as required by § 153.042.
   (C)   Off-street loading and unloading. Off-street loading and unloading space shall be provided by all uses as required § 153.044.
   (D)   Signs. For the purpose of advertising any use permitted in this zone, the regulations of §§ 153.080 through 153.087 shall apply.
   (E)   Advisory opinion. Prior to submitting an application for rezoning, the applicant may submit a simple sketch plan of the proposed development to the town Planning Board in order to obtain an advisory opinion from such Board as to the feasibility of the proposed rezoning prior to the preparation and submission by the required preliminary plan and preliminary construction plan.
   (F)   Preliminary site plan. An application for rezoning to a RMF Multi-family District shall be accompanied by a preliminary site plan prepared on a 28" x 42" sheet of reproducible material using the largest scale possible and shall contain:
      (1)   Land area to be included in the rezoning request;
      (2)   Proposed locations of each existing and each proposed structure and their general exterior dimensions;
      (3)   Proposed uses of all land within the area requested for rezoning;
      (4)   Dimensions between all structures and from structures to property lines;
      (5)   Traffic parking and circulation plan showing proposed locations and arrangements of parking spaces and ingress and egress to and from adjacent streets;
      (6)   Proposed location and material of any screening walls, fences or plantings;
      (7)   Proposed exterior design of buildings;
      (8)   Schedule for number and size of apartments within the projects;
      (9)   Proposed time schedule and staging, if any, for construction of the project;
      (10)   A title giving the address of the development, names and addresses of the developers, the date, scale of the plan, and the person or firm preparing the plan;
      (11)   Provision for adequate, safe and convenient arrangement of pedestrian circulation facilities, roadways, driveways, off-street parking, loading space, facilities for waste disposal and illumination;
      (12)   Means for providing adequate and safe location of play areas for children and other recreational areas according to the concentration of occupancy;
      (13)   Location and type of fences, walls or year-round screen planting, when deemed necessary by the town Planning Board to shield adjacent residential zones from parking lot illumination, headlights and noise and to reduce the visual encroachment of multi-family architecture and the activity on privacy and single-family residential neighborhood character;
      (14)   Such other information as may be considered essential by the town Planning Board for the protection of public health, safety, welfare, and conveniences.
   (G)   Preliminary construction plan. A preliminary construction plan shall be prepared and shall include a perspective drawing of the multi-family dwelling units presenting the general appearances of the buildings and grounds from the major access street, which need not be prepared by an engineer, architect or commercial artist.
   (H)   Recommendations by the town Planning Board. Any recommendations and suggestions concerning the preliminary plans for the proposed multi-family residential complex made by the town Planning Board shall be based upon a finding that the plans for the development are such that traffic hazards and congestion will not be created within the development and upon the public streets at the points of ingress and egress to such development, and that the plans maintain the purposes of this section and the functions of a multi-family residential complex. The purpose of a preliminary site plan and preliminary construction plan is to enable the town Planning Board to review them so as to recommend and approve the same prior to presentation of its written recommendation and report to the Board of Aldermen.
   (I)   Board of Aldermen approval. The Board of Aldermen may refuse to approve a site plan or construction plan on the grounds that either it fails to provide unity of development with other property in the area, or that it fails to adequately protect residentially zoned properties in the same area from the adverse effects of such operation, or that the proposal fails to provide safe conditions for pedestrians and motorists, or that the plans fail to conform with the requirements of this section.
   (J)   Final plans.
      (1)   A final construction plan shall be prepared and shall include the following:
         (a)   A detailed perspective drawing of the multi-family residential complex showing the appearance of the buildings and grounds from the major access street.
         (b)   Detailed final construction plans for the purposes of building inspection to include elevations of all buildings from all sides at a scale not less than 1/8 inch to 1 foot.
      (2)   The final site plan shall be prepared on a 28" x 42" sheet of reproducible permanent base material using the largest scale possible and shall include all data required for a preliminary site plan as well an any other information required by the town Planning Board.
      (3)   The final site plan and final construction plan for the proposed development for changes within the development shall be submitted by the developer to the Chairman of the Planning Board and to the Building Inspector for their recommendations and report thereon.
      (4)   An affirmative recommendation of the final plans for the proposed multi-family residential complex by the Chairman of the Planning Board and by the Building Inspector shall be upon the finding that the final plans for the development are substantially in agreement with the preliminary site plans and preliminary construction plans as approved by the Board of Aldermen and that traffic hazards and congestion will not be crated within the development and upon the public streets at the point of ingress and egress to the development and that the plans maintain the purposes of this article and the functions of the multi-family residential complex.
      (5)   After approval of the final plans by the Chairman of the Planning Board and by the Building Inspector and after a copy of the approved plans is filed with said Building Inspector, the latter if other pertinent town ordinances have been complied with, shall issue a building permit for the construction, alteration or expansion of any building within an RMF Multi-Family Residential District upon application by the developer.
      (6)   Certificate of occupancy.
         (a)   No building shall be occupied within an RMF Multi-Family District until the certificate of occupancy shall have been issued by the Building Inspector and no certificate of occupancy shall be issued unless the approved final plans have been substantially followed as to each completed building and the use of same complies with this chapter.
         (b)   Provided, however, that the Building Inspector may issue a certificate of occupancy for the completed structures or buildings even though some other structures in the approved plans at the time are under constructions.
         (c)   Provided further that a certificate of occupancy shall not be issued for any completed structure until all drives, walks, parking spaces, screens, and truck loading and unloading facilities serving the same shall have been provided and substantially improved as shown on the approved final plans.
   (K)   Development requirement. In order to develop realty within the RMF Multi-Family District, the following will be required.
      (1)   A portion of the land must front on a major thoroughfare of major collector street as defined by the town Planning Board.
      (2)   The minimum land requirement shall be 15,000 square feet for the first dwelling unit and 3,500 square feet for each additional dwelling unit therein.
      (3)   The minimum setback from street, and minimum side and rear yard shall be 45 feet.
      (4)   The minimum unobstructed open space shall be 70% of total lot area, a portion of which shall be developed for parks, playgrounds, and other recreational purpose.
      (5)   Gross ground floor area of principal structures shall not exceed 18% of total land area.
      (6)   The height of any portion of any structure shall not be grater than one-half of the horizontal distance from such structure to the nearest lot line or to any other structure within the complex.
      (7)   Every building shall be separated on every side from any other building within the complex by a distance of at least 25 feet.
      (8)   No parking of motor vehicles shall be permitted within the required setbacks. The space within the required setback shall not be used as maneuvering space for the parking or un-parking of
vehicles, except that driveways providing ingress and egress to the parking area may be installed across the setback area.
   (L)   Effective approved site plan. All approved site plans for RMF Multi-Family Districts shall be binding upon the applicants therefor, their successors and assigns, shall limit and control the issuance and validity of all building permits and certificate of occupancy and shall restrict and limit the construction location use and operation of all land and structures included within such plans, provided however, that upon a showing of necessity therefore, minor changes in the location and size of structures may be permitted if such minor changes will not cause any of the following circumstances to occur.
   (M)   Amendment or revision of site plan. Pursuant to the same procedure and subject to the same limitations and requirements set forth in this section, a site plan may be amended or revised, either partially or completely.
   (N)   Copies. Upon approval of the plan for a multi-family residential complex by the Board of Aldermen, one copy of the plan shall be filed with the Town Clerk, one copy with the Building Inspector, and one copy with the town Planning Board.
(Ord. passed 11-3-1970; Am. Ord. passed 1-11- 1972; Am. Ord. passed 7-3-1972)