§ 155.103  GARDEN APARTMENT USE.
   (A)   A garden apartment use, which is an architectural and functional grouping of dwelling units in one or more buildings, with at least two dwelling units in each building and appropriate associated and accessory uses, which is the central feature of a development plan composed of building area, parking area, landscape development and planting areas, and other land features appropriate for its use as dwellings, and which conforms to the standards and requirements of this chapter, may be permitted as a special exception in the S Suburban Residence, D Residence, LB Local Business, RB Roadside Business, and GB General Business Districts, in accordance with the requirements of this chapter.  However, each garden apartment use shall have at least six dwelling units.
   (B)   A garden apartment use shall have the following minimum lot sizes in the districts indicated according to the total number and type of dwelling units involved.
      (1)   The minimum lot size for a garden apartment use having eight or less dwelling units shall be at least 60,000 square feet in the S and RB Districts, 12,000 square feet in the D and LB Districts, and 10,000 square feet in the GB District; or the minimum lot size shall be determined by computation in accordance with the following table.  However, the minimum lot size shall be the larger size of these two methods.
 
S and RB Districts
D and LB Districts
GB District
Area per dwelling unit for each first four units in square feet
10,000
2,000
1,500
Area in square feet for each additional one-bedroom dwelling unit
5,000
1,000
1,000
Area in square feet for each additional two-bedroom dwelling unit
7,500
1,500
1,500
Area in square feet for each additional three-bedroom dwelling unit
10,000
2,000
1,500
 
      (2)   The minimum lot size for a garden apartment use having more than eight dwelling units shall be in accordance with a computation determined in accordance with the table below, provided that in no case shall the minimum lot size be less than 60,000 square feet in the S and RB Districts, 12,000 square feet in the D and LB Districts, and 10,000 square feet in the GB District.
 
S and RB Districts
D and LB Districts
GB District
Area in square feet for each one-bedroom dwelling unit
5,000
1,000
750
Area in square feet for each two-bedroom dwelling unit
7,500
1,500
1,000
Area in square feet for each three-bedroom dwelling unit
10,000
2,000
1,500
 
      (3)   For four- or five-bedroom dwelling units, the lot size requirements in the tables in divisions (B) (1) and (B) (2) above for three-bedroom dwelling units shall apply.  In the event an accessory dwelling unit is provided for a caretaker-superintendent, the lot size requirement for a one-bedroom dwelling unit shall apply.  Any type of dwelling unit may be included for the purpose of calculating the lot size requirement for the "first four units" in the tables.  Efficiency units are hereby classed as one-bedroom units.
   (C)   The minimum lot width for a garden apartment use shall be as follows.
      (1)   For a garden apartment use having eight or less dwelling units in the S and RB Districts, 200 feet; in the D and LB Districts, 80 feet; and in the GB District, 60 feet.
      (2)   For a garden apartment use having more than eight dwelling units in the S and RB Districts, 15 feet per dwelling unit for the first 13 units; in the D and LB Districts, ten feet for the first 13 units; and in the GB District, six feet for the first 13 units.
   (D)   The maximum building height for garden apartment use shall be 35 feet in any district.
   (E)   The minimum front yard for garden apartment use shall be 75 feet in the S and RB Districts; 35 feet in the D and LB Districts; and 20 feet in the GB Districts.
   (F)   The minimum dimension for one side yard shall be 15% of the required lot width, provided that both side yards shall have a minimum dimension of 30% of the actual lot width.  The other provisions for residential uses as set forth in §§ 155.031 through 155.035 shall not apply.
   (G)   The minimum rear yard for a garden apartment use shall be 40 feet in the S and RB Districts; and 20 feet in the D, LB, and GB Districts.  The other provisions for residential uses as set forth in§ § 155.031 through 155.035 shall not apply.
   (H)   Accessory buildings are permitted in the rear yard and their location shall be subject to the approval of the Board of Zoning Appeals.
   (I)   The minimum vehicle parking spaces to be provided on the lot for a garden apartment use shall be as follows.
      (1)   One space for each one-bedroom dwelling unit or efficiency apartment.
      (2)   One and one-half spaces for each two-bedroom dwelling unit.
      (3)   Two spaces for each three, or more, bedroom dwelling unit.
   (J)   A development plan for a garden apartment use shall accompany the application for an improvement location permit.  The development plan shall meet the following requirements, in addition to the requirements set forth in this chapter and in § 155.104 (I) (3) through (I) (5).
      (1)  The building shall be so designed or located so that the distance from any window of any room proposed to be used for human habitation shall be not less than 40 feet from the wall of any structure on the property.  This distance shall be measured by a line perpendicular to the plane of the surface of the window, except that this distance may be reduced to not less than 30 feet for an exposure where a room is a bathroom or laundry utility room or is used as a community or group meeting room or for a similar purpose.  No separate freestanding building shall be closer than 20 feet to any other building on or off the site or lot.  The Board of Zoning Appeals may reduce any of these dimensions, if in its judgment, the intent of this division (J) is preserved.
      (2)   In the event that more than one building is proposed, they shall be designed to be located so that not more than two buildings are in a straight, unbroken line.  Each garden apartment use building shall be designed with setbacks or breaks of not less than six feet to all exterior walls for every two building units.
(Ord. CO-67-2, passed 2-21-67; Am. Ord. CO-77-21, passed 10-19-77)  Penalty, see § 155.999