1281.09  TOWN CENTER RESIDENTIAL OVERLAY ZONING DISTRICT.
   (a)   Purpose.  The Town Center Residential Overlay District exists as an overlay zoning district to the Town Center District in order to expand the physical area of the Town Center District beyond the limits of the existing “downtown,” and to provide appropriate site development standards for those parcels. On parcels with an existing residential structure, the Town Center Residential Overlay District is intended to permit the conversion of the structure for commercial use, provided that the residential character of the parcel is retained. By protecting the residential character of the structure and parcel, the overall impact of commercial expansion of the Town Center District into the adjacent neighborhoods will be minimized. The site development standards listed below replace those of Section 1281.06 in the Overlay Zoning District to preserve the residential character of the parcel. All other provisions of the Town Center Zoning Districts apply to the overlay zone as well.
   (b)   Site Development Standards.  The following site development standards shall apply to all areas of the Town Center Residential Overlay District:
      (1)   Number of structures per lot.  Only one principal structure may be established for each lot. Accessory buildings and structures are permitted provided they are clearly incidental to, and located on the same lot as the principal structure to which they are related and provided they meet the following conditions and standards:
         A.   Setback, front.  Accessory buildings and structures must be located behind the rear building line of the principal building.
         B.   Setback, side.  Accessory buildings and structures must have side setbacks which are greater than or equal to the minimum required for the principal structure, except where otherwise noted.
         C.   Setback, rear.  Accessory buildings and structures must have a rear yard setback of at least 5 feet.
         D.   Phasing.  Accessory buildings and structures shall not be erected on a lot or parcel prior to the establishment of a principal building upon the premises.
      (2)   Minimum lot area.  Minimum lot area shall be 8,500 square feet.
      (3)   Minimum lot width.  Minimum lot width shall be 66 feet.
      (4)   Minimum front yard depth.  The front yard requirements for the Town Center Residential Overlay District shall be equal to the existing front yard of the structure. In the case of new construction, the front yard setback shall not be less than the average front yard setback of the lots which are within 180 feet and within the same block face as the lot involved.
      (5)   Minimum side yard setback.  The side yard requirements for the Town Center Residential Overlay District shall be 10 feet on each side or the existing side yard of the structure, whichever is less.
      (6)   Minimum rear yard depth.  The rear yard setback requirements for the Town Center Residential Overlay District shall be 40 feet or the existing rear yard of the structure, whichever is less.
      (7)   Maximum height.  Maximum height for buildings and structures shall be two and one-half stories or 35 feet except that accessory buildings shall not exceed a height of fifteen feet.
      (8)   Space within public ways.  No use conducted on any premises within this District shall be permitted to occupy or use space within the public roadway, or operate a business which would restrict the use of a public street or sidewalk.
      (9)   Existing residential structures.  The existing residential facade shall be retained. Any proposed change to the exterior of the structure which requires a building permit shall be reviewed and approved by the Zoning Administrator. Any proposed changes which change the architectural style of the building shall also be reviewed by the Planning Commission, which may reverse or affirm, wholly or partly, or may modify the Zoning Administrator's recommendations. These provisions shall apply to both principal and accessory structures.
      (10)   Existing nonresidential structures.  Proposed changes to existing nonresidential facades which require a building permit shall be in keeping with the architectural character of the neighborhood and shall be reviewed and approved by the Zoning Administrator. Any proposed changes which change the architectural style of the building shall also be reviewed by the Planning Commission, which may reverse or affirm, wholly or partly, or may modify the Zoning Administrator's recommendations. These provisions shall apply to both principal and accessory structures.
      (11)   New construction.  The architectural style of proposed new principal and accessory structures shall be in keeping with the architectural character of the neighborhood and shall be reviewed and approved as part of the required review process.
      (12)   Maximum lot coverage.  Maximum building coverage shall be 40% and shall include the total of areas of the principal building and all accessory buildings. Maximum ground coverage shall be 60% and shall include building coverage, solid waste disposal areas and paving necessary for adequate vehicular circulation including ingress and egress, off-street loading and on-site parking. Ground coverage does not include facilities serving pedestrian traffic such as sidewalks, patios and plazas.
      (13)   Screening for dumpster/ recycling areas.  All solid waste dumpsters and disposal facilities, recycling bins, and similar areas and structures located in this District shall be screened from view of passing pedestrians, passing vehicular traffic and any adjacent residential use.
      (14)   Temporary buildings.  Temporary buildings are prohibited except in the following instances:
         A.   Those temporary buildings which are incidental to construction work, which may include “tool trailers” or “job trailers.” This would not be for on-site residence during construction but would be an office for a larger job or a place to lock tools on-site during construction.
         B.   Temporary buildings which serve a public or semi-public institutional use.
      (15)   Access.
         A.   No more than one driveway approach shall be permitted per lot, including corner lots.
         B.   Driveways shall be located, designed and constructed in compliance with the requirements of the Driveway Policy and Specifications adopted by the Village. If the site fronts on two or more streets, the driveway shall be located as far as possible from the street intersection as practical.
         C.   All areas intended to serve vehicular traffic shall be paved with a permanent surface of concrete, asphalt or a structurally equivalent material approved by the Village Engineer.
      (16)   Lighting.  Lighting from any luminaire shall be shaded, shielded or directed to prevent direct light from being distributed beyond an angle of 35 degrees from a vertical plane onto adjacent properties and/or surrounding areas. Unshielded lamps, bulbs and tubes are not permitted, except for temporary holiday lighting. Lighting shall be designed so that the illumination does not exceed 0.1 footcandles beyond the property line on which the lighting originates.
      (17)   Landscaping.  A minimum of 40% of the gross site area of a development shall be devoted to permanently landscaped open spaces and pedestrian plaza areas accessible to the public. Pedestrian plaza areas shall include pedestrian walkways and may also include amenities such as decorative paving, pedestrian scale lighting, benches, trash receptacles, planters, screening walls and major architectural features at entrance ways and focal points of the development (i.e. arch, gateway, tower, fountain). All required setback areas must be landscaped. All landscaped open spaces and pedestrian plaza areas shall be maintained by the owner of the development it serves.
      (18)   General standards.  Uses in this District shall also conform to the following general standards:
         A.   Emit no obnoxious, toxic or corrosive fumes or gases which are detrimental to the public health, safety or general welfare.
         B.   Emit no smoke, odorous gases or other odorous matter in such quantities as to be offensive at or beyond any boundary of the parcel. For the purpose of grading the density of smoke, the Ringelmann Chart, published and used by the United States Bureau of Mines, shall be employed. The emission of smoke or particulate matter of a density greater than No. 2 of the Ringelmann Chart and an excess of 15 smoke units per hour is prohibited.
         C.   Produce no heat or glare to such an extent to be detrimental to the health, safety and general welfare at or beyond the lot boundaries.
         D.   Produce no physical vibrations to such an extent to be determined detrimental to the health, safety and general welfare at or beyond the lot boundaries.
         E.   Discharge no radioactive materials that exceed quantities established by the American National Standards Institute.
         F.   Not include in the manufacturing process any production or storage of any material designed for use as an explosive, nor the use of any such material in production.
         G.   Noise emanating from a use in this District shall not exceed 65 decibels, as measured at the lot line.
         H.   No dust or other particulate matter created by any operation or emanating from any products stored prior or subsequent to processing shall be discharged into the air.
(Ord. 2001-5.  Passed 11-12-01; Ord. 2015-1.  Passed 4-13-15.)