(A) Permitted uses. The permitted uses of the Residence D District shall be limited to those set forth in this division (A).
(1) Permitted residential uses. Multiple- dwellings containing more than four single-family dwelling units.
(2) Permitted institutional uses. Multi-service centers providing community-wide support services to persons who are elderly.
(3) Permitted recreational uses: None.
(4) Permitted office uses: None.
(5) Permitted commercial uses: None.
(6) Permitted industrial uses: None.
(7) Permitted accessory uses.
(a) Office occupations as a home occupation as per § 151.060(A)(7)(a)1. through (A)(7)(a)10; or
(b) Accessory buildings when intended to be used for recreational use by persons residing on the premises on which the principal building is located and erected as a separate structure. Such accessory buildings shall be located in the rear yard only and shall not exceed 15 feet in total height as measured from the grade at the front of the structure to the highest point of roof and shall be at least three feet from all lot lines of the abutting lots. All such accessory buildings shall not exceed in area more than 25% of said required rear yard.
(8) Permitted other uses: None.
(9) Permitted planned unit development uses: None.
(B) Conditional uses. The permitted conditional uses of the Residence D District shall be limited to those set forth in this division (B).
(1) Conditional residential uses: None.
(2) Conditional institutional uses: None.
(3) Conditional recreational uses: None.
(4) Conditional office uses: None.
(5) Conditional industrial uses: None.
(6) Conditional other uses: None.
(7) Conditional planned unit development uses: None.
(8) Conditional accessory uses: None.
(1) Parking and loading as per § 151.089, subject to limitations as per division (D) below and the following:
(a) The number of resident parking spaces that shall be required shall be one parking space for each one-bedroom dwelling unit and two parking spaces for each dwelling unit with two or more bedrooms;
(b) Guest and service parking shall be required at the rate of one-fourth of one space for each dwelling unit, regardless of the number of bedrooms;
(c) No less than 60% of the required resident parking spaces shall be located in a parking facility that is located beneath a principal residential structure and shall be constructed so that at least 50% of the height of the parking structure shall be located below the average grade of the front yard; and
(d) All surface parking lots in the Residence D District shall be adequately screened through the use of either/or shrubs and trees or a solid screen wall (pursuant to division (C)(3)(b) below).
(a) Limitations as per division (D) below, and
(b) A solid screen wall which will serve to meet the requirement for screening of a surface parking lot per division (C)(1)(d) above would be permitted up to a height of four feet.
(4) Dish-type satellite and receiving systems as per § 151.060(C)(4), except that dish-type satellites may be located on the rear roof of the principal structure; provided, that no portion of the satellite or its mounting apparatus may extend beyond the sides of the principal structure or the top of the roof line;
(5) Freestanding antennas as per § 151.060(C)(6); and
(6) Animals as per § 151.060(C)(7).
(D) Additional Residence D District development regulations. The following regulations qualify or supplement the Residence D District use regulations in divisions (A) and (B) above.
(1) Site plan review and approval. All new construction and additions to all structures and parking lots shall require review and approval by the Planning Commission and the Architectural Review Board in accordance with the following procedures.
(a) An application shall be submitted to the Building Commissioner for review and approval as outlined below prior to the issuance of a permit. Completed applications shall include five copies of a site plan and an accompanying letter describing the development. The site plan shall include at a minimum the following: elevation contours; existing and proposed easements and right-of-way on the site, existing and proposed structures; significant existing and proposed landscaping and paving; existing and proposed signage; elevations; and additional information deemed necessary by the Building Commissioner for adequate review by the Planning Commission and Architectural Review Board. The Building Commissioner shall transmit a copy of the application to the Architectural Review Board within 14 days from receipt of all required information.
(b) The Architectural Review Board will formally meet within 30 days of receipt of the required information from the Building Commissioner to review and to either approve or deny the application, as provided for in § 151.025. Upon approval of the application, the Architectural Review Board shall issue a certificate of appropriateness. In issuing a certificate of appropriateness, the Architectural Review Board shall consider provisions for architectural styles appropriate in the location proposed, facade, and roofline changes that would prevent the appearance of one large structure, building materials, and signage consistent with the standards of the village.
(c) 1. The Planning Commission shall also review the application, either simultaneous with but no later than 30 days of issuance of the certificate of appropriateness by the Architectural Review Board. Approval or denial of the application shall be reflected in the minutes of the Planning Commission meeting.
2. In reviewing the application, the Planning Commission shall consider the following provisions for compliance with the requirements of this district:
a. To protect the value, appearance, and use of property on which buildings are constructed;
b. To maintain a high character of community development, and to ensure the compatibility of new development;
c. To protect the public peace, health, safety, convenience, and welfare;
d. To protect real estate within the village from impairment or destruction of value; and
e. To regulate the design, use of materials, finish grade lines, dimensions, orientation and location of all main and accessory buildings to be erected.
(d) Applications approved by the Planning Commission may proceed to construction after obtaining the necessary permits from the Building Commissioner.
(e) Building permits issued by the Building Commissioner as a result of favorable approvals granted pursuant to this division (D) shall be void one year after the date upon which approval was granted unless any of the following criteria is met:
1. In the case of new construction, work upon the structure shall have begun above the foundation walls;
2. In the case of reconstruction or modifications to a structure, a certificate of occupancy has been granted; or
3. If the time period is extended by a majority vote of the Planning Commission.
(2) Permitted density. The maximum permitted density for uses within the Residence D District shall be no more than 39 units per acre.
(3) Building height requirements. The maximum building height within the Residence D District shall be 30 feet when built at the 20-foot minimum side-yard setback line. The 30-foot maximum height may be increase one foot for each additional foot of side-yard setback up to a maximum building height of 45 feet. Building height for the Residence D District shall be defined as the vertical distance from the average lot grade at the front of the structure to the highest point of the coping of a flat roof, or to the peak of a gambrel, gable, mansard, or hip roof.
(4) Front yard setback. The minimum front-yard setback shall be ten feet.
(5) Rear yard setback. The minimum rear yard setback shall be 20 feet for buildings less than 18 feet in height, 25 feet for buildings between 18 and 30 feet in height, and 30 feet for buildings greater than 30 feet in height.
(6) Side yard setback. The minimum side yard setback shall be ten feet from all business, and multi-family property uses and 20 feet from all single and two-family uses.
(7) Parking setback, access, and buffering. In addition to the requirements of § 151.089, parking lots for five or more vehicles shall provide a minimum setback of ten feet from all right-of-way and residential property lines. Permitted access to such parking lots shall be determined through the site plan review and A\approval process outlined in division (D)(1) above. A minimum of four trees and 20 shrubs per 100 linear feet shall be planted within ten feet of all parking lot boundaries and exposed parking structures adjacent to a public street or residential property line. Landscape plans shall be submitted for site plan review and shall be approved upon the finding that landscaping plans are adequate to properly screen all off-street parking areas from neighboring properties so as to reduce nuisances from lights and noise.
(E) Effective date. This section shall take effect at the earliest date allowed by law.
(Ord. O-06-09, passed 7-13-2009)