(A) Purpose. The village contains certain row houses and other multi-family dwellings. In order to provide for property development and improvement while protecting the historic and architectural features which exist, certain row houses existing as of March 1, 2003, may be rezoned to single-family attached dwelling units; provided, that such units comply with this chapter and Building Code and with the following provisions. These provisions are intended to permit these properties to be developed and conveyed in a more flexible manner, without detriment to neighboring properties.
(B) Rezoning. The conversion of a row house or other multi-family dwelling existing as of March 1, 2003, to single-family attached dwelling units requires the prior approval of the Planning Commission. As a condition to approval, the Planning Commission shall require all of the following:
(1) A plat of survey and an legal description of the property reflecting the exact boundary lines of the parcels to be created by the conversion, all easements encumbering the parcels and such other matters as may be reasonably required by the Planning Commission. If a garage is located on a re-surveyed lot, the garage shall be shown on the survey and must comply with all applicable provisions of this chapter and the Building Code;
(2) Evidence that once the approval of the rezoning is complete the new single-family residences will comply with all applicable provisions of this chapter; and
(3) Such other and further requirements as the Planning Commission may deem necessary or appropriate. The applicant shall address party wall and common boundary issues by way of a party wall and common facilities agreement signed by the owners of all adjoining single-family, attached dwelling units. Upon request, the Commission shall provide to applicants a sample party wall and common facilities agreement which is acceptable to the Commission and the village. If a shared garage or a garage having a party wall is included in a parcel to be created by the conversion, the Commission further shall require owners of the shared garage or the garage having a party wall to execute a common facilities agreement for that purpose and will provide an acceptable sample form.
(C) Residential buildings to front upon a dedicated street or other public right-of-way; not to be moved to rear of existing buildings. No building or part of a building designated for residential purposes shall hereafter be erected or moved to the rear of any existing building. No building designed for residential purposes shall hereafter be erected or altered unless the building fronts upon a dedicated street or right-of-way dedicated for public use and accepted by the village as a public right-of-way.
(D) Minimum street frontage. No lot shall contain any building used in whole or in part for residential purposes unless at least an area not less than the centerline dimension from party wall to party wall of the lot abuts a public street. There shall be not more than one single-family dwelling on the lot.
(E) Unobstructed frontage facing dedicated street; qualifying wall.
(1) No apartment, residence, home, or other designation of the abode for one family shall have less than 16 feet of exterior wall frontage facing the nearest dedicated street property line, so that no other building, portion of a building, lot, or portion of a lot shall come between the wall and the street.
(2) The minimum of 16 feet applies only where the wall is either parallel to the adjacent street property line, on a curve, or parallel to a chord which is at a 90 degree angle to and centers on the same radius that bisects the proposed qualifying wall.
(F) No further accessory buildings. With respect to row houses and other multi-family dwellings converted to single-family, attached dwelling units pursuant to this section, no further accessory buildings, outbuildings, or garages may be constructed or placed upon parcels after the conversion.
(G) Yard and lot requirements. Row houses and other multi-family dwellings converted to single-family attached dwelling units pursuant to this section shall not be required to comply with the yard specifications set forth in § 151.086(B) and (C), or with the minimum area lot specifications set forth in § 151.086(A).
(2000 Code, § 151.078) (Ord. O-8-03, passed 5-12-2003)