1117.09 SPECIAL PROVISIONS FOR DOWNTOWN DEVELOPMENT DISTRICT.
   (a)   Developments that occur in a Downtown Development (DD) District shall be permitted on contiguous parcels of not less than two acres. Residential uses or mixed use developments shall require a conditional use permit.
   (b)   Residential and/or commercial developments within the Downtown Development District shall submit deed covenants and restrictions to ensure that the project is constructed as a unified development project. The covenants and restriction shall, at a minimum, establish the proposed unit sizes for each type of residential structure, design and architectural guidelines for structures and the site and maintenance responsibilities. The applicant shall submit the necessary covenants, restrictions and agreements to the City for review and approval so that the City Planning Commission can make the determination that the project is developed as a unified development project. Such documents upon approval by the City Planning Commission shall be filed with the County Recorder's Office before the start of any construction.
   (c)   In addition to the conditional use requirements set forth in Section 1111.08, residential development in the DD District shall comply with the following:
      (1)   Such development shall be governed by a development plan as approved by the Planning Commission. The requirements of this section may be modified for single-family and single- family attached by the Planning Commission provided that the overall density required in Section 1117.01(a) are maintained and the Planning Commission further determines that the proposed development complies with the spirit and intent of this Code. The Planning Commission shall establish the overall density of any multi-family development based on the unique characteristics of the location and proposed development. The Planning Commission may consider characteristics such as, but not limited to, the adjacency of public open space, whether the project is new construction or a renovation, the historic nature of the buildings involved in the development, the amount of parking required and provided on site, the architectural design of the proposed development, on site amenities and the spirit and intent of this Code. The maximum density and unit size shall be incorporated into the covenants and restrictions for the development.
      (2)   In areas where single-family, attached, dormitories or multi-family dwelling units abut single-family zoning districts, a buffer shall be maintained between the districts. The buffer shall be landscaped in accordance with an approved landscape plan and/or screened through the use of fencing or walls and shall be maintained as open space. Such approved landscape plan shall be made a part of the approved development plan.
      (3)   In all developments of ten or more dwelling units, there shall be a minimum of 10% of the lot area designated as usable open space. Such open space may be for the enjoyment of residents or it may be available to the general public. Additionally, structures for active or passive recreation, plazas, outdoor dining and public art may be located in such open space as approved in the development plan.
      (4)   The following minimum design standards shall apply:
         A.   Front yard setbacks:
            1.   Single-family, detached: 20 feet, minimum; 35 feet, maximum.
            2.   Single-family, attached, multi-family and dormitories: as established by the setback map or ten (10) feet whichever is less.
         B.   Side yard setbacks:
            1.   Single family attached and detached: five feet, minimum, from interior lot line; 15 feet, minimum, abutting a side street.
            2.   Commercial and multi-family: established by development plan.
         C.   Rear yard setbacks: 25 feet, minimum.
         D.   Building separation for multi-family structures: ten feet at any point between buildings on the same lot.
      (5)   Residential uses may be developed or established on a lot, site or within the same building as permitted nonresidential uses.
      (6)   All residential development shall connect the front entrance of the main building to the sidewalk with a walkway surfaced with concrete, brick stone or approved equivalent.
      (7)   Single-family detached and single-family attached dwellings shall have a porch that extends along at least 50% of the front elevation.
      (8)   Where single-family detached or attached dwellings occur, the development plan shall be designed to encourage garages to be located in rear yards and shall be accessed by alleys or private drives located at the rear of the property. The Planning Commission may approve access to the garages from the street frontage provided the spirit and intent of this code is maintained.
   (d)   Parking. Parking shall be required in accordance with the requirements set forth in Chapter 1125 . The number of parking spaces required in Chapter 1125 may be met with off-site parking if the applicant can demonstrate that such parking provides adequate parking for the site. All buffering and screening requirements in Chapter 1125 shall apply unless waived by the Planning Commission. The Planning Commission may waive or modify the requirements of Chapter 1125 if it finds that the intent of this section is met.
   (e)   All buildings in this district are subject to the requirements contained in the Historic Downtown Design Review District Standards, Chapter 1129.
(Ord. 16-19. Passed 9-16-19; Ord. 09-22. Passed 6-6-22.)