A. District Purpose. While recognizing the presence of existing single-family detached dwellings within the boundaries of the B-1 Multifamily Residential District upon the date of adoption of the ordinance codified in this title, the requirements set forth in this chapter have been adopted in order to provide a land use buffer between commercial and detached single-family land uses, and between vehicular traffic along Green Bay Road and detached single-family land uses. Consequently, the district encourages the development of two-family, low-density multiple-family and, where appropriate, other limited land uses which are compatible with nearby detached single-family residential neighborhoods.
To assure development of proper non-single-family uses within this district and the compatibility of such uses with nearby single-family neighborhoods, the requirements set forth in this chapter are further intended to foster development which exhibits a single-family residential character with regard to external architectural appearance, scale, materials, roof pitch, colors, landscaping and other detailing and site improvements.
B. Use. No building or premises shall be used and no building shall be erected or altered within the B-1 Multi-family Residential District, unless otherwise provided for in this title, except for the following uses (together with accessory buildings and uses as defined in Section 17.04.030).
1. Principal Use.
a. Two-family dwelling (each dwelling unit to be occupied only by a single family as defined in Section 17.04.030),
b. Multiple-family dwelling (each dwelling unit to be occupied only by a single family as defined in Section 17.04.030);
2. Special Use. As a special use, subject to the conditions and requirements set forth in this chapter and in Chapter 17.56, any one of the following:
a. Parking lot; provided that, such parking lot shall provide for proper drainage to a storm sewer (as determined by the Director) and shall be surfaced with an all-weather, dust proof surfacing material (as approved by the Director) which is maintained at all times in such a manner as to be free from dust, trash and debris. Upon such parking lot no motor vehicles, motor appliances, equipment or supplies shall be offered for sale, repaired or serviced, or to stored for any such purposes, and upon which area no motor vehicle shall stand, be stored or parked for a period exceeding forty-eight (48) hours. In addition, such parking lot shall provide for adequate and appropriate screening, landscaping and lighting (as determined by the Village Design Review Board),
b. Day care center,
c. Institution of an educational, philanthropic or eleemosynary nature; and
d. Planned developments, as provided in Chapter 17.58 of this Code.
3. Accessory Uses. In addition to other conditions and requirements set forth in this title, uses and buildings accessory to a principal use shall be subject to the following conditions and requirements:
a. A permitted accessory use and the use of an accessory building shall not include the conduct of a business (except a home occupation as defined in Section 17.04.030).
b. A permitted accessory use shall not include the parking or storage of commercial trucks, commercial truck-trailers or commercial buses except in an enclosed garage building.
c. A permitted accessory use shall not include outdoor parking or storage of trailers or boats (except in a rear yard of a detached single-family dwelling).
d. A permitted accessory use and the use of an accessory building may include private garages with a total capacity of not more than four vehicles, in which may be housed not more than one vehicle not the property of the owner or occupant of the premises, and not more than one commercial vehicle which shall not exceed eighteen (18) feet in overall length and shall not be designed or constructed to carry a load greater than one and one-half tons, net; except, that on a lot occupied by a group house there may be private garages with a capacity of one or more vehicles for each dwelling unit the group house.
e. Tennis courts and swimming pools shall not be located within a required side or front yard.
f. Tree houses shall not be located within a required side or front yard.
g. Air conditioning units shall not be located within a required yard. However, provided such units are properly screened (as determined by the Director), they may be located closer to the street line than the principal building.
h. Satellite receiving dishes having a surface area greater than eight feet, solar panels not originally incorporated into the design of a building, windmills and other energy recovery or generating devices shall be subject to the conditions and requirements set forth in Chapter 17.56.
4. Essential Public Use. Essential public use, either as a principal use or as an accessory use.
C. Height. No building shall have a height greater than thirty-five (35) feet or two and one-half stories, whichever is less.
On through lots of one hundred twenty-five (125) feet or less in depth, the height of a building or other structure may be measured from the established sidewalk level on either street. On through lots of more than one hundred twenty-five (125) feet in depth, the height regulations and basis of height measurement from the street permitting the greater height shall apply to a depth of not more than one hundred (100) feet from that street.
No accessory building shall exceed the following heights: on a lot having an area of less than one-half acre, one story or fourteen (14) feet; on a lot having an area of one-half acre or more, one and one-half stories or twenty (20) feet.
No other structure shall exceed thirty-five (35) feet in height. If a structure is attached to or supported by a building, its height, together with that of the building to which it is attached or supported, shall not exceed the height limited applicable to the building.
D. Units Per Acre. No dwelling or group of dwellings shall be erected or altered to accommodate or make provision for more than eighteen (18) dwelling units on any acre of land, nor make provision for more than a proportional number of units on a fractional part of any acre of land. Except that a multiple-family dwelling or group of dwellings may be erected to accommodate or make provision for not more than twenty-four (24) dwelling units on any acre of land or for not more than a proportional number of units on a fractional part of an acre of land, if the lot on which such dwelling or group of dwellings is constructed has a lot area of at least fourteen thousand five hundred twenty (14,520) square feet and an average width of one hundred twenty (120) feet or more.
E. Lot Width. No building shall be erected upon a lot with an average lot width of less than sixty (60) feet. This requirement shall not apply where an existing building has been erected prior to January 1, 1983 upon having an average lot width of less than sixty (60) feet, and in the event that any such building located upon any such lot is demolished or destroyed or damaged by fire or other casualty, such building may be replaced or restored with a strictly comparable building in accordance with the remaining requirements.
F. Intensity of Use of Lot. No principal building with its accessory buildings shall occupy in excess of forty (40) percent of the area of the lot, nor shall more than sixty (60) percent of the lot area be covered by impermeable surfaces, including all buildings.
G. Dwelling Unit Area Per Occupant. No dwelling unit containing less than three hundred fifty (350) square feet of interior floor area shall be occupied by more than one person. Every new dwelling unit erected or created by alteration shall contain not less than seven hundred (700) square feet of interior floor area. A dwelling unit containing three hundred fifty (350) square feet or more of interior floor area may be occupied by two persons and shall contain at least one hundred fifty (150) feet of interior floor area in excess of three hundred fifty (350) square feet for each person residing in such dwelling unit in excess of two persons; provided, however, that the number of persons entitled to occupy an apartment shall not exceed seven. A newborn child need not be considered to be resident until attaining the age of one year.
H. Setback.
1. There shall be a front yard setback of not less than twenty-five (25) feet.
2. On corner lots the setback shall be observed from both street lines of the lot, except that this regulation shall not reduce the width of the buildable area as measured from the minimum required side yard, to less than sixty (60) percent of the average lot width, and shall not reduce the length of the buildable area as measured from the minimum required rear yard setback to less than fifty (50) percent of the lot depth. In no event shall either the front yard setback or the corner setback be less than twenty-five (25) feet.
3. Where a lot has three street frontages and where a side or rear yard line does not exist from which to measure the width or depth of the buildable area, the buildable area shall be situated on the lot so that equal setbacks shall be required from the opposite street lines.
4. Accessory buildings may be placed nearer the street lines than the principal building only on a through lot, provided that the setback provision for each street shall be observed.
I. Side Yard. There shall be a side yard on each side of the lot having a width of not less than twelve (12) feet.
J. Rear Yard Setback. There shall be a rear yard setback of not less than twenty (20) feet. If the boundary line of the rear yard abuts the rear of a parcel that is zoned for single-family residential use, the rear yard setback shall not be less than thirty (30) feet. Whenever any boundary line of the rear yard of any lot is also the side line of a required side yard on an adjoining lot, no building nor any part of such building shall be built in the rear yard closer to the side line of the adjoining lot than the width of the required side yard on the adjoining lot.
Whenever the boundary line of the rear yard of any lot is also the side line of a required side yard on an adjoining lot, no building nor any part of such building shall be built in the rear yard closer to the side line of the adjoining lot than the width of the required side yard on the adjoining lot.
K. Inner Court. An inner court shall have a width of not less than six feet, nor be less than three inches wide for each foot of height of such court, nor shall its area be less than twice the square of its required least dimension.
L. Outer Court. An outer court shall have a width of not less than five feet, nor be less than two and one-half inches wide for each foot of height of such court, nor less than two and one-half inches wide for each foot of length of such court from the closed end. If more than one building is erected on a lot, they shall be separated from each other by a minimum distance of twelve (12) feet.
M. Exterior Walls. To assure that the apparent scale of a building is compatible with the scale of nearby single-family buildings no exterior wall of a principal or accessory building shall be unarticulated for a distance greater than fifty (50) feet. The difference in the plane of the walls resulting from the articulation shall be at least 4 feet.
N. Exterior Staircases. No exterior staircase shall serve as the entry to a dwelling unit which is located above another dwelling unit.
O. Principal Roof Form. All principal buildings shall be erected or constructed such that the roof pitch between the eave and ridge lines is not less than thirty-five (35) degrees and not more than sixty (60) degrees. Shed roofs, flat roofs, mansard roofs, butterfly roofs, domed roofs and the like are prohibited.
The use of dormers in connection with the principal roof form is encouraged; provided that, no single former shall exceed nine feet in length along the roof line nor shall the length of all dormers along the roof line exceed forty (40) percent of the total length of the roof line.
P. Parking. There shall be at least two parking spaces for each dwelling unit, plus an additional one-quarter parking space per dwelling unit, which shall be designated as guest parking. The required parking shall meet the following conditions:
1. One of the parking spaces required for each dwelling unit shall be fully enclosed either within an accessory garage building or within the two-family or multiple-family building. All required parking spaces shall be located on the same lot as the uses they are intended to serve, except that all or some of the parking required by this section may be located at a different off-street site, subject to the approval of the Zoning Administrator and the Village Engineer, in order to consolidate the required parking for more than one lot.
2. Each parking space shall open directly upon an aisle or driveway which connects with a public alley or private or public street.
3. No required parking space shall be located within a required front yard or within five feet of any lot line.
4. Off-street parking shall not be required for multifamily buildings or uses in existence as of February 3, 1998, unless either the number of dwelling units in, or the gross floor area of, the building, structure or premises in which the excepted uses are located increases by an aggregate of fifteen (15) percent or more after February 3, 1998.
5. All parking areas shall provide for proper drainage to a storm sewer, as determined by the Zoning Administrator.
6. All parking areas shall be surfaced with an all-weather, dust-proof surfacing material, as approved by the Zoning Administrator.
7. All parking areas shall at all times be maintained in such a manner as to be free of dust, trash and debris.
8. The location, design, dimensions and configuration of all parking spaces, parking lots and parking garages shall be established pursuant to the standards set forth in the Fourth Edition of the Traffic Engineering Handbooks, published by the Institute of Transportation Engineers, Jesse L. Pine, editor, as determined by the Village Engineer, which handbook is incorporated in this section by reference.
9. All parking spaces, parking lots and parking garages shall include a sufficient number of parking spaces to meet all state and federal requirements for accessibility by the disabled.
10. All parking spaces required by this subsection shall be located at or below grade.
Q. Permitted Obstructions in Required Yards and Courts. In accordance with the provisions of Section 17.32.020, certain buildings and other structures may be located in required yards or courts.
R. Division of Two-Family or Multiple-Family Dwellings. Division of ownership of a two-family or a multiple-family dwelling erected in compliance with this title prior to August 5, 1997, or division of ownership of the lot upon which such two-family or multiple-family dwelling is situated into smaller parcels shall not be deemed to result in a violation of this title if appropriate agreements or covenants for maintenance and repair of the entire structure, appurtenances and lot and appropriate easements for ingress, egress and utilities, shall be submitted to and approved by the Village Council prior to making such division. Any such division of ownership shall be subject to all applicable provisions of the land subdivision regulations set forth in Title 16 of this code.
S. Drainage of Surface Waters. To diminish or remove any adverse impact of surface water drainage and run-off on adjacent properties, no building or other structure shall be constructed which will result in the water run-off following construction of such improvements, in an amount greater than the water run-off immediately prior to construction and no building permit shall be issued unless and until adequate provision is made by connecting to available storm sewers or by other means (in the form of drainage swales, detention areas or such other form of water control mechanism as shall be approved by the Village Engineer of the Village) to so limit such water run-off and provide for the proper control and drainage of surface water.
T. Maximum Building Size. No building, other similar structure or addition to such building or other similar structure shall be constructed on any lot if that construction will result in a floor area ratio (FAR) of more than eighty (80) percent.
(Ord. MC-202-98 §§ 3--11, 1998; Ord. MC-195-97 § 9, 1997; Ord. MC-188-97 § 2, 1997; prior code § 22.08)
U. Planned Developments. All property having an area of 10,000 square feet or more shall be developed as a planned development pursuant to Chapter 17.58 of this Code. All planned developments shall be subject to the development standards of Chapter 17.58, which shall control over the development standards of this chapter in the event of conflict.
(MC-8-2005, Amended, 12/20/2005, Subsection U added; MC-8-2005, Amended, 12/20/2005, Subsection B amended; MC-6-2005, Amended, 09/20/2005; MC-2-2004, Amended, 04/06/2004, Subparagraph M, exterior walls amended; MC-8-2000, Amended, 11/21/2000, Lot width, front setback and rear yard setback amended)