(A) A high-rise apartment use, which is an architectural and functional grouping of dwelling units in one or more buildings, with at least eight dwelling units in each building and 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, and in accordance with the additional requirements set out in divisions (B) through (I) below.
(B) A high-rise apartment use shall have a height in excess of 35 feet.
(C) The minimum front yard for a high-rise apartment use shall be 75 feet in the S and RB Districts, and 25 feet in the D, LB, and GB Districts.
(D) A side yard shall be provided on the side of the high-rise apartment use building nearest the side lot line where the maximum horizontal shadow would be cast, equal to the vertical dimension, measured from the lot ground level to the highest point of the building which casts the shadow, diminished by the dimension of the side yard required on an adjoining lot, or by the rear yard required on an abutting lot, provided that the shadow shall not extend further than the opposite property line of any street adjoining the lot on which the high-rise apartment use is located. The Board of Zoning Appeals may waive the size yard dimension if the high-rise apartment use building is proposed to be constructed without windows on a site which abuts an existing building constructed without windows. A side yard shall be provided on the side of the building opposite to the side which casts a shadow which shall have a dimension of one-fourth of the height of the building.
(E) A development plan shall be submitted with the application for an improvement location permit for a high-rise apartment use and shall include a complete analysis of the shadows which would be cast by the building up to a maximum of a dimension equal to the height of the building. This analysis shall give consideration to the orientation of the building in order that the Board of Zoning Appeals may be fully aware of the effects of shadows on neighboring properties and also that the Board may reduce the requirements for side yards so long as the shadowing of adjoining or abutting lots will not be exceeded as set forth herein. In no case shall the dimension of a side yard be less than one-fourth of the height of the building, except as provided herein.
(F) The minimum rear yard dimension, except as otherwise provided herein, shall be 25 feet in the S and RB Districts, and 20 feet in the D, LB, and GB Districts.
(G) Accessory buildings are permitted in the side yard and rear yard and their location shall be subject to the approval of the Board of Zoning Appeals.
(H) The minimum vehicle parking spaces to be provided on the lot shall be one and one-half spaces for each high-rise apartment use dwelling unit, provided that the Board of Zoning Appeals may reduce this requirement if the applicant can demonstrate that a permanent need for this parking ratio does not exist.
(I) The development plan for a high-rise apartment use shall meet the following requirements, in addition to other requirements set forth in this chapter.
(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, or a distance equal to 50% of the height of the tallest adjacent building, whichever dimension is larger. This distance shall be measured by a line perpendicular to the plane of the surface of the window. No separate freestanding building shall be located closer than 30 feet to any other building on or off the lot. The Board of Zoning Appeals may reduce any of these dimensions, if in its judgment, the intent of this division 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 high-rise apartment use building shall be designed with setbacks or breaks of not less than 20 feet to all exterior walls for every two building units.
(3) Off-street parking space and adequate space for service facilities shall be provided in the side yard or rear yard and shall in no event be located in the required front yard. No off-street parking area or service facility area shall be located closer than ten feet to any side lot line. The off-street parking areas and service facility areas shall have sufficient lighting facilities, which shall be located and adjusted so that the glare or beam is directed away from any adjoining property, public street, or high-rise apartment use dwelling windows.
(4) Any open-air off-street parking area and service facility area shall be suitably screened with shrubbery or trees along all streets and adjoining or adjacent property lines on the lot. The locations and names of the shrubbery planting shall be indicated on the development plan or on a separate landscape plan which shall become a part of the application. The shrubbery may be planted informally or in a row and may include several varieties and sizes provided that the Board of Zoning Appeals shall be satisfied that the shrubbery will screen any parking areas and expected ground activity from the view of abutting or opposite property, and also that vision clearance at access points will be provided for safety purposes.
(5) The location of all driveways, parking areas, service facility areas, and streets shall be shown on the development plan. Also, the location, type, and size of proposed public water, sewage, and drainage facilities shall either be shown on the plan or on accompanying drawings.
(Ord. CO-67-2, passed 2-21-67) Penalty, see § 155.999