§ 152.118 TC - TOWN CENTER DISTRICT.
   (A)   Intent. The TC - Town Center District is established to promote the development of the original central village core of the town. The regulations are intended to encourage all the elements of a traditional village center, including: storefront retail; professional offices; and dwelling units located either in townhouse developments, in the upper stories of mixed-use buildings or in connection with a grade level business. The development standards in this district are designed to: encourage a pedestrian oriented design throughout the district; and maintain an appropriate pedestrian scale, massing, and relationship between buildings and structures within the district.
   (B)   Permitted uses.
      (1)   Primary uses. See Appendix A, Permitted Use Table.
      (2)   Special exception uses. See Appendix A, Permitted Use Table.
      (3)   Accessory uses. See § 152.119.
      (4)   Temporary uses. See § 152.120.
      (5)   Home occupations. See § 152.121.
   (C)   Development standards.
      (1)   Minimum lot width and frontage. Each lot shall have a minimum lot width and frontage on a public street of 30 feet.
      (2)   Yards and building setbacks.
         (a)   Front. All primary use buildings shall be located at the greater setback of the proposed right-of-way or existing right-of-way, subject to the following additional building placement regulations:
            1.   For sites containing 1 building: in elevation view from the street frontage, at least 50% of the length of the façade of the building facing a street shall be located at the greater setback of the proposed right-of-way or existing right-of-way;
            2.   For sites containing multiple buildings: in elevation view from the street frontage, at least 50% of the visible façades of the buildings facing a street shall be located at the greater setback of the proposed right-of-way or existing right-of-way; and
            3.   Parking areas and interior access drives shall not be located within 20 feet of the front lot line.
         (b)   Minimum side yard and setback. The minimum side yard and setback for all lots shall be as follows:
            1.   Minimum side yard: 0 feet; provided, however, if a side yard is provided along a side lot line not abutting an alley, the setback shall not be less than 5 feet.
            2.   Minimum side residential bufferyard: 15 feet.
         (c)   Minimum rear yard and setback. The minimum rear yard and setback for all lots shall be as follows:
            1.   Minimum rear yard: 10 feet.
            2.   Minimum rear residential bufferyard: 15 feet.
      (3)   Use of minimum yards and residential bufferyards. All yards and residential bufferyards shall remain free from structures except where expressly permitted below:
         (a)   Front yards: where provided may include: driveways; or incidental signs as regulated by §§ 152.230 through 152.236 and shall otherwise be developed as plazas in compliance with the following requirements:
 
            1.   Shall be located adjacent to a building;
            2.   Shall be surfaced with concrete, brick, or other form of hardsurface paver appropriate for the proposed development, except for those areas used for trees, foundation landscaping, lawn area, or planters;
            3.   Shall maintain surface areas at a slope of less than 3%, surface areas may be stepped, where appropriate, as necessary to accommodate natural topography; and
 
            4.   The street frontage portion of the plaza perimeter shall include shade or ornamental trees planted with a maximum spacing of 40 feet on-center. If street trees have already been installed on an abutting lot, the on-center spacing shall be measured from the existing street trees.
         (b)   Minimum front residential bufferyards: may include driveways; or incidental signs as regulated by §§ 152.230 through 152.236; and shall otherwise be maintained as open space free from buildings or structures and shall be landscaped in compliance with the requirements for perimeter yard landscaping as set forth in §§ 152.185 through 152.194;
         (c)   Minimum side and rear yards: may include driveways, interior access driveways, parking areas, loading areas, walkways, or other pedestrian way connections to adjoining lots, provided that the remainder of the yards shall be maintained as open space free from buildings or structures and shall be landscaped in compliance with the requirements for perimeter yard landscaping as set forth in §§ 152.185 through 152.194; and
         (d)   Minimum side and rear residential bufferyards: may include:
            1.   Walkways or other pedestrian way connections to adjoining residential areas provided that the remainder of the yards shall otherwise be maintained as open space free from buildings or structures and shall be landscaped in compliance with the requirements for perimeter yard landscaping as set forth in §§ 152.185 through 152.194; or
            2.   Parking, as provided for in division (C)(9) below.
      (4)   Building height.
         (a)   Minimum front façade height: in the elevation view from the street frontage, all primary use buildings shall maintain a minimum height of 26 feet above grade and shall contain a minimum of 2 occupiable stories.
         (b)   Maximum building height: 40 feet; not to exceed 3 occupiable stories.
      (5)   Maximum gross floor area.
         (a)   For any use listed under the following headings, no single use, whether freestanding or contained in an integrated center, shall exceed 8,000 square feet of gross floor area:
 
Clothing service
Personal services
Food sales and service
Recreation
Miscellaneous
Retail
 
         (b)   For any use listed under the following headings, no single use, whether freestanding or contained in an integrated center, shall exceed 50,000 square feet in gross floor area:
 
Educational use
Public facilities
Governmental use
Residential
Office/professional services
Utilities
 
      (6)   Landscaping. See §§ 152.185 through 152.194.
      (7)   Lighting. See §§ 152.210 through 152.215.
      (8)   Signs. See §§ 152.230 through 152.236.
      (9)   Parking. The following off-street parking provisions shall apply.
         (a)   Non-dwelling uses. Non-dwelling uses located in the TC District shall provide parking as provided below:
            1.   There shall be no required minimum number of off-street parking spaces for any non-dwelling use located in the TC District;
            2.   If off-street parking spaces are provided, 1 row of parking spaces may be located along and accessed directly from an alley abutting a side lot line or a rear lot line, provided that the design and location of the adjacent alley accessed parking is approved by the town; and
            3.   All other off-street parking areas provided in the TC District shall comply with the provisions of § 152.254.
         (b)   Dwelling uses. All dwelling uses located in the TC District shall provide parking spaces at a ratio of 1 parking space per dwelling unit. If such required parking spaces are located in an off-street parking area, the design of the off-street parking area shall comply with the requirements of § 152.254. However, the required parking spaces may be accessed directly from an alley abutting a side lot line or a rear lot line, provided the design and location of the adjacent alley accessed parking is approved by the town.
      (10)   Loading. See §§ 152.270 through 152.277.
      (11)   Outdoor operations. All uses and operations (except off-street parking, off-street loading and delivery, and walk-up customer service windows) shall be conducted completely within enclosed buildings, except where expressly permitted below:
         (a)   Outdoor seating for restaurants, provided that the outdoor seating:
            1.   Shall not be located in any street right-of-way unless otherwise approved by the town;
            2.   Shall be permitted only along the business’ tenant bay or storefront façade;
            3.   Maintain a useable sidewalk width of not less than 6 feet; and
            4.   Shall not block an entrance or exit to or from the business or building.
         (b)   Outdoor display or sales of merchandise:
            1.   Shall not be located in any street right-of-way unless otherwise approved by the town;
            2.   Shall maintain a useable sidewalk width of not less than 6 feet;
            3.   Shall be located against the building façade;
            4.   Shall be permitted only along the business’ tenant bay or storefront façade;
            5.   Shall not block an entrance or exit to or from the business or building;
            6.   Shall not exceed 10% of the gross floor area of each non-related and separately operated use; and
            7.   Shall be permitted only during the hours of operation of the business and shall be removed at the close of each business day.
         (c)   Walk-up customer service windows or automated teller machines (ATMs), provided that the facilities are not freestanding and are set flush with the façade of the building.
         (d)   Vending machines, provided that vending machines:
            1.   Shall not be located in any street right-of-way unless otherwise approved by the town;
            2.   Shall abut the exterior wall of the building;
            3.   Shall maintain a useable sidewalk width of not less than 6 feet; and
            4.   Shall not be located in a required yard or required residential bufferyard.
      (12)   Architecture. The intent of these architecture regulations is to encourage the development of buildings with simple, 3-dimensional forms that include the characteristic appearance and scale of early 1900s main streets and which are oriented to the main street through the town (U.S. 20/Michigan Street).
         (a)   Additions to existing buildings. All additions to existing buildings shall utilize building materials that are compatible and harmonious with the materials used on the existing building.
         (b)   Exterior renovations, major additions, and accessory buildings. Exterior renovations, major additions, and accessory buildings to existing buildings or facilities are encouraged to comply with the provisions in division (C)(12)(c) below, for new construction; however, the minimum requirement for exterior renovations, major additions, and accessory buildings shall be the same as in division (C)(12)(a) above, for additions to existing buildings; provided, however, the following additional regulations shall apply to all exterior renovations or building remodeling:
            1.   Any stone, brick, or other original masonry façade material shall not be covered with any kind or horizontal or vertical siding;
            2.   Any window or door openings in the façade shall not be boarded, blocked-in, or bricked-in; and
            3.   Any exterior renovation of a building façade that includes added horizontal or vertical siding over stone, brick, or other original masonry façade material shall include the removal of the horizontal or vertical siding and restore the original stone, brick, or other masonry façade.
         (c)   New construction. In order to create variation and interest in the built environment and to ensure that the size and scale of new development is consistent with the established character of the town, all new primary buildings shall comply with the following regulations.
            1.   One of the following 2 sets of architectural regulations regarding building material and architectural features on each façade visible from a public street:
               a.   All brick (excluding window, display window, door, roofing, fascia, and soffit materials), provided that the brick used on each applicable façade shall include:
                  i.   At least 2 architectural elements (e.g., quoins, pilasters, soldier courses, lintels, friezes, cornices, dentils, architraves, and the like); or
                  ii.   At least 2 colors of brick, with the secondary color constituting a minimum of 10% of the façade (excluding windows, display windows, doors, roofing, fascia or soffit materials); or
               b.   Two or more building materials (excluding window, display window, door and roofing materials), provided:
                  i.   Primary building material. The primary building material shall be either: brick; stone (limestone, granite, fieldstone, and the like); or architectural pre-cast concrete, if the surface looks like brick or stone, and shall constitute a minimum of 50% of each applicable façade.
                  ii.   Secondary building material. The secondary building material shall constitute a minimum of 10% of the façade. Glass curtain wall or a faux window (not intended for use as a window or display window) may qualify as a secondary building material.
                  iii.   Architectural features. In addition, the exterior building material selection shall be supplemented with the use of multiple colors, textures (e.g., rough, smooth, striated, and the like) or architectural elements (e.g., quoins, pilasters, soldier courses, lintels, friezes, cornices, dentils, architraves, and the like) on each façade visible from a public street.
            2.   Trash enclosures. All trash enclosures shall utilize 3 solid-walled sides. The materials of the 3 solid-walled sides of the enclosure shall be consistent and compatible with the materials of the primary building. Gates shall be located on the non-solid-walled side of the trash enclosure and shall be covered with a wood, simulated wood or a similar material painted a compatible color with the primary building. The opening of a trash enclosure shall not be oriented to or within 90 degrees from being parallel to any front lot line.
            3.   Articulation. In order to assure that new development in the town center maintains a scale and relationship to the street and sidewalk which can promote pedestrian activity in the downtown area, all buildings shall comply with the following design features.
               a.   Human scale. Architectural elements such as colonnades, canopies, awnings, display windows, lighting, and variation in building materials may be used to create a human scale to buildings.
               b.   Detailing. Architectural detailing (i.e., variation in building materials, surface recesses, protrusions, cornices, and the like) shall be used to distinguish the ground floor from upper levels of a building. Such architectural detailing used to distinguish the ground floor from upper levels shall be no lower than 18 feet above grade.
               c.   Vertical rhythm. The vertical rhythm of architectural detailing on a building shall be consistent or compatible with the pattern established on adjacent buildings located within the same block face.
               d.   Building entrances. All buildings which front on U.S. 20/Michigan Street shall orient a main entrance to U.S. 20/Michigan Street.
            4.   Mechanical equipment.
               a.   Roof mounted. All roof mounted mechanical equipment shall be screened based upon an elevation view of the building on all sides.
               b.   Ground mounted. All ground mounted mechanical equipment shall be screened on all sides by: the building; screen walls or fences of a material and color which is compatible with the primary building; or evergreen or densely twigged hedge plants (with or without mounding) of a height at time of planting which is not less than the height of the mechanical equipment to be screened.
            5.   Fenestration.
               a.   Ground floor: window openings on the ground floor of a building shall occupy a minimum of 60% of the ground floor façade area (i.e., that portion of the façade located below 18 feet above grade).
               b.   Upper floors: window openings on the upper floors of buildings shall occupy no more than 40% of the entire upper floor façade area (i.e., that portion of the façade located above 18 feet above grade).
               c.   Any nonresidential building shall have windows (or faux windows) on the upper façade (i.e., that portion of the façade located below 18 feet above grade).
               d.   Window size and shape shall be compatible with those of adjacent buildings and shall have a generally vertical orientation.
               e.   Windows, doors, eaves, and parapets on a building shall be proportional and shall relate to one another.
         (d)   Awnings, canopies, and marquees.
            1.   Design: awnings, canopies and marquees shall be of a simple design intended to complement the architectural elements (storefront cornices, windows, or doors) of the building façade and shall not obscure significant architectural details of a building.
 
            2.   Materials:
               a.   Awnings and canopies shall be constructed of high-quality canvas or canvas-like materials such as matte finish canvas or matte finish vinyl coated canvas.
               b.   Awnings or canopies shall not utilize bubble, box, or shiny plastic or vinyl coated materials.
               c.   Awnings or canopies shall not utilize any transparent or translucent vinyl.
               d.   Awnings or canopies shall not utilize any wood.
            3.   Illumination:
               a.   Wall mounted lighting, such as gooseneck lamps with a metal shade and decorative mounting over awnings or canopies, shall be permitted.
               b.   Backlit or internally-illuminated vinyl or plastic awnings, canopies, or marquees shall be prohibited.
            4.   Clearance to grade: the bottom edge of the:
               a.   Awning or canopy shall not be less than 8 feet, 6 inches above grade over a walkway;
               b.   Marquee shall not be less than 9 feet above grade over a walkway; or
               c.   Awning, canopy, or marquee shall not be less than 15 feet above grade over a driveway, interior access drive, or alley.
            5.   Projection from building: the maximum projection of an awning, canopy, or marquee shall not exceed 8 feet from or beyond the supporting building and shall not project beyond any walkway adjacent to the building.
            6.   Encroachment over public right-of-way: no awning, canopy, or marquee shall encroach into the air rights of any public street right-of-way unless approved by the town prior to the placement of the awning, canopy or marquee.
            7.   Signs on awnings, canopies, or marquees: see § 152.235.
(Ord. 1221, § 4.04, passed 1-26-2010)