(A) Purpose.
(1) The original village section of the village is a unique area comprised of residences, neighborhood businesses serving the personal, family, and household needs of residents, offices, and public and semi-public land uses. These uses are contained in structures representing a variety of architectural styles which reflect the era in which most of the original village was constructed. Areas of the original village designated as historic districts are subject to special architectural controls under the Historic Preservation Board.
(2) The historical zoning structure within this area fails to adequately reflect the development character and pattern that has occurred over time. Conflicts occur between regulatory structures and historical development trends. The complexity of a mixed-use area cannot adequately be addressed through traditional zoning techniques. In addition, special development standards are necessary to protect the historic architectural character that has developed. To encourage and support this traditional mixed- use environment, the overlay districts are hereby adopted.
(3) The overlay districts are comprised of two subdistricts: the Limited Commercial Overlay District (LC) and the Limited Residential Overlay District (LR). Overlay districts are overlay zoning districts and the underlying district standards and requirements shall apply unless where superseded by the LC or LR regulations and requirements.
(B) Permitted uses. The following uses are subject to the site plan requirements of this section and architectural requirements under the Historic Preservation Board, as applicable, as well as the general provisions of this Zoning Code. Land and buildings in the Overlay Districts (LC and LR) shall be used only for the following purposes:
(1) Limited Commercial Overlay District (LC).
(a) Permitted uses allowed in the General Commercial District (GC) except where expressly prohibited by these regulations;
(b) Single-family detached homes;
(c) Residential living quarters located within and subordinate to the principal permitted use;
(d) Bed and breakfast inns meeting the requirements of § 153.201; and
(e) Home occupations in accordance with § 153.197.
(2) Limited Residential Overlay District (LR).
(a) Single-family detached homes;
(b) Churches and other similar places of worship and parish houses, provided there are at least 100 seats or similar accommodations in the main assembly hall;
(c) Public parks, playgrounds, recreation and community swimming pools, tennis courts and similar recreational uses, all of a noncommercial nature; provided, that any principal building or swimming pool used therefor shall be located not less than 150 feet from any other lot in any Residential District;
(d) Public and private schools; and
(e) Home occupations in accordance with § 153.197.
(C) Conditional uses. The following uses may be allowed in the Overlay Districts (LC and LR) where indicated subject to approval in accordance with § 153.042:
(1) Limited Commercial Overlay District (LC).
(a) Offices of veterinarians and animal hospitals;
(b) Residential structures containing between two and four dwelling units;
(c) Children’s nurseries and day care centers; and
(d) Home occupations in accordance with § 153.197.
(2) Limited Residential Overlay District (LR).
(a) Residential structures containing between two and four dwelling units;
(b) Home occupations in accordance with § 153.197;
(c) Rest homes, nursing homes, and children’s nurseries and day care centers; and
(d) Bed and breakfast inns meeting the requirements of § 153.201.
(D) Prohibited uses. The following uses shall be prohibited in the Overlay District (LC and LR):
(1) Fast-food restaurants;
(2) Convenience food markets;
(3) All auto-related uses, such as sales and services;
(4) Gasoline service stations;
(5) Hotels and motels;
(6) Recreational uses except publicly-owned and operated parks and recreational facilities; and
(7) Other uses that are determined by the Planning Commission to be incompatible with the purpose of the Overlay District.
(E) Development standards. The applicable development standards for bed and breakfast facilities are summarized in § 153.201.
(1) Lot and building requirements. The following lot and building requirements are minimum standards, except where noted, and shall apply in the Overlay Districts (LC and LR):
(a) Lot area: for residential uses, the minimum lot area shall be 6,000 square feet; for nonresidential uses, no minimum lot area is required; however, the lot area shall be adequate to provide the required yard space;
(b) Lot coverage (maximum): for residential uses, the lot coverage shall be 40%; for nonresidential uses, no maximum lot coverage is required; however, the lot coverage shall be adequate to provide the yard space required;
(c) Lot width: for residential uses, the minimum lot width shall be 40 feet at the building line and 30 feet of frontage on an improved public right-of-way; for nonresidential uses, no minimum lot width is required; however, all lots shall abut an improved public right-of-way and have adequate width to provide the required yard space and meet minimum access requirements;
(d) Front yard setback: the minimum front yard setback shall be determined by averaging the existing building lines of the two parcels adjacent to the subject parcel. If an adjacent parcel or parcels are absent of principal structures, then the next adjacent parcel with a principal structure shall be used in calculating the setback. For corner lots, the setback shall be calculated by the average of the existing building line of the adjacent parcels and 30 feet;
(e) Side yard setback: for residential uses, the minimum side yard setback shall be five feet; for nonresidential uses the minimum side yard setback shall be not less than eight feet; and
(f) Rear yard setback: for residential uses, the minimum rear yard setback shall be 15 feet; for accessory uses and structures associated with a principal residential use, the minimum rear yard setback shall be eight feet; for nonresidential uses the minimum rear yard setback shall be not less than 15 feet; for nonresidential uses serviced from the rear, a service court, alleyway, or combination thereof shall be provided of not less than 40 feet in width.
(2) Supplemental standards. The following supplemental standards shall apply within the Overlay Districts (LC and LR):
(a) No building shall exceed 40 feet in height, nor more than three stories in height;
(b) Any building with a height in excess of one and one-half stories or 20 feet shall have a basement unless that building’s use is designed for 100 or more people;
(c) Applicable standards shall be met in corresponding provisions of this chapter; and
(d) Any building designed for the use of 50 or more people must be compliant with FEMA P-361 "Safe Rooms for Tornados and Hurricanes, Guidance for Community and Residential Safe Rooms", Third Edition or later. As an alternative, buildings designed for the use of 50 or more people can have a basement suitable for use as a tornado safe area.
(F) Conflicts. In cases where the requirements and standards of the Overlay District conflicts with similar requirements and standards of the underlying zoning district, the Overlay District shall supersede such underlying zoning district.
(Ord. 96-152, passed 10-7-1996; Ord. 98-159, passed 11-16-1998; Ord. 99-103, passed 3-1-1999; Ord. 2019-046, passed 9-3-2019)
Cross-reference:
Accessory uses and structures, see § 153.200
Bed and breakfast facilities, see § 153.201
Ground satellite stations, see § 153.198
Home occupations, see § 153.197
Swimming pools, see § 153.190
Yard projections, see § 153.216