Within the RMF Zone, as shown on the zoning map of the town, incorporated by reference in § 154.026, the following regulations shall apply.
(A) Permitted uses.
(1) Multi-family dwellings and customary accessory structures and uses; and
(2) Level 1 solar energy systems (see definitions for requirements).
(C) Off-street loading and unloading. Off-street loading and unloading space shall be provided by all uses as required by § 154.048.
(E) Advisory opinion. Prior to submitting an application for rezoning, the applicant may submit a simple sketch plan of the proposed development to the Planning and Zoning Commission in order to obtain an advisory opinion from the Board as to the feasibility of the proposed rezoning prior to the preparation and submission by the required preliminary plan and preliminary construction plan.
(F) Preliminary site plan. An application for rezoning to a RMF Multi-Family District shall be accompanied by a preliminary site plan prepared on a 28-inch by 42-inch sheet of reproducible material using the largest scale possible and shall contain:
(1) Land area to be included in the rezoning request;
(2) Proposed locations of each existing and each proposed structure and their general exterior dimensions;
(3) Proposed uses of all land within the area requested for rezoning;
(4) Dimensions between all structures and from structures to property lines;
(5) Traffic parking and circulation plan showing proposed locations and arrangements of parking spaces and ingress and egress to and from adjacent streets;
(6) Proposed location and material of any screening walls, fences, or plantings;
(7) Proposed exterior design of buildings;
(8) Schedule for number and size of apartments within the projects;
(9) Proposed time schedule and staging, if any, for construction of the project;
(10) A title giving the address of the development, names and addresses of the developers, the date, scale of the plan, and the person or firm preparing the plan;
(11) Provisions for adequate, safe, and convenient arrangement of pedestrian circulation facilities, roadways, driveways, off-street parking, loading space, facilities for waste disposal, and illumination;
(12) Means for providing adequate and safe locations of play areas for children and other recreational areas according to the concentration of occupancy;
(13) Location and type of fences, walls, or year-round screen planting, when deemed necessary by the Planning and Zoning Commission to shield adjacent residential zones from parking lot illumination, headlights, and noise and to reduce the visual encroachment of multi-family architecture and the activity on privacy and single-family residential neighborhood character; and
(14) Other information as may be considered essential by the Planning and Zoning Commission for the protection of public health, safety, welfare, and convenience.
(G) Preliminary construction plan. A preliminary construction plan shall be prepared and shall include a perspective drawing of the multi-family dwelling units presenting the general appearances of the buildings and grounds from the major access street, which need not be prepared by an engineer, architect, or commercial artist.
(H) Recommendations by the Planning and Zoning Commission. Any recommendations and suggestions concerning the preliminary plans for the proposed multi-family residential complex made by the Planning and Zoning Commission shall be based upon a finding that the plans for the development are such that traffic hazards and congestion will not be created within the development and upon the public streets at the points of ingress and egress to such development, and that the plans maintain the purposes of this section and the functions of a multi-family residential complex. The purpose of a preliminary site plan and preliminary construction plan is to enable the Planning and Zoning Commission to review them so as to recommend and approve them prior to presentation of its written recommendation and report to the Board.
(I) Board approval. The Board may refuse to approve a site plan or construction plan on the grounds that either it fails to provide unity of development with other property in the area, or that it fails to adequately protect residentially zoned properties in the same area from the adverse effects of the operation, or that the proposal fails to provide safe conditions for pedestrians and motorists, or that the plans fail to conform with the requirements of this section.
(J) Final plans.
(1) A final construction plan shall be prepared and shall include the following:
(a) A detailed perspective drawing of the multi-family residential complex showing the appearance of the buildings and grounds from the major access street; and
(b) Detailed final construction plans for the purposes of building inspection to include elevations of all buildings from all sides at a scale not less than one-eighth inch to one foot.
(2) The final site plan shall be prepared on a 28-inch by 42-inch sheet of reproducible permanent base material using the largest scale possible and shall include all data required for a preliminary site plan as well as any other information required by the Planning and Zoning Commission.
(3) The final site plan and final construction plan for the proposed development for changes within the development shall be submitted by the developer to the Planning and Zoning Commission and to the Inspections Superintendent for their recommendations and report thereon.
(4) An affirmative recommendation of the final plans for the proposed multi-family residential complex by the Planning and Zoning Commission and by the Inspections Superintendent shall be upon the finding that the final plans for the development are substantially in agreement with the preliminary site plans and preliminary construction plans as approved by the Board and that traffic hazards and congestion will not be created within the development and upon the public streets at the point of ingress and egress to the development and that the plans maintain the purposes of this subchapter and the functions of the multi-family residential complex.
(5) After approval of the final plans by the Planning and Zoning Commission and by the Inspections Superintendent and after a copy of the approved plans is filed with the Inspections Superintendent, the latter, if other pertinent town ordinances have been complied with, shall issue a building permit for the construction, alteration, or expansion of any building within an RMF Multi-Family Residential District upon application by the developer.
(6) (a) No building shall be occupied within a RMF Multi-Family District until the certificate of occupancy shall have been issued by the Inspections Superintendent and no certificate of occupancy shall be issued unless the approved final plans have been substantially followed as to each completed building and the use of the building complies with this chapter.
(b) Provided, however, that the Inspections Superintendent may issue a certificate of occupancy for the completed structures or buildings even though some other structures in the approved plans at the time are under construction.
(c) Provided further, that a certificate of occupancy shall not be issued for any completed structure until all drives, walks, parking spaces, screens and truck loading and unloading facilities serving the structure shall have been provided and substantially improved as shown on the approved final plans.
(K) Development requirement.
(1) In order to develop realty within the RMF Multi-Family District, the following will be required.
(a) A portion of the land must front on a major thoroughfare or major collector street as defined by the Planning and Zoning Commission.
(b) The minimum land area requirement shall be 15,000 square feet for the first dwelling unit and 3,500 square feet for each additional dwelling unit therein.
(c) The minimum setback from street, and minimum side and rear yard shall be 45 feet.
(d) The minimum unobstructed open space shall be 70% of total lot area, a portion of which shall be developed for parks, playgrounds, and other recreational purposes.
(e) Gross ground floor area of principal structures shall not exceed 18% of total land area.
(f) The height of any portion of any structure shall not be greater than one-half of the horizontal distance from the structure to the nearest lot line or to any other structure within the complex.
(g) Every building shall be separated on every side from any other building within the complex by a distance of at least 25 feet.
(h) No parking of motor vehicles shall be permitted within the required setbacks. The space within the required setback shall not be used as maneuvering space for the parking or unparking of vehicles, except that driveways providing ingress and egress to the parking area may be installed across the setback area.
(L) Effective approved site plan. All approved site plans for RMF Multi-Family Districts shall be binding upon the applicants therefor, their successors and assigns, shall limit and control the issuance and validity of all building permits and certificates of occupancy and shall restrict and limit the construction, location, use, and operation of all land and structures included within the plans, provided, however, that upon a showing of necessity therefor, minor changes in the location and size of structures may be permitted if minor changes will not cause any of the following circumstances to occur:
(1) A change in the character of the development;
(2) A change of design for, or an increase of the hazards to, pedestrian and vehicular circulation;
(3) Deleterious external effects on adjacent property; and
(4) A reduction in the originally approved setbacks from property lines.
(M) Amendment or revision of site plan. Pursuant to the same procedure and subject to the same limitations and requirements set forth in this section, a site plan may be amended or revised, either partially or completely.
(N) Copies. Upon approval of the plan for a multi-family residential complex by the Board, one copy of the plan shall be filed with the Town Clerk, one copy with the Inspections Superintendent, and one copy with the Planning and Zoning Commission.
(Prior Code, § 9-4024) (Ord. passed 4-27-1970; Ord. passed - -; Ord. passed 7-10-2014)