A. Use. No building or premises shall be used and no building shall be erected or altered as a principal use within the B-2 Multi-family Residential District, unless otherwise provided for in this title, except for a building used exclusively as a multiple-family dwelling (together with accessory buildings and uses as defined in Section 17.04.030), located on premises devoted exclusively to multiple-family use, in compliance with each of the regulations contains in this Section 17.36.010.
1. In addition to other conditions and requirements set forth in this title, buildings and uses accessory to a multiple-family dwelling 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.
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 occupants of the premises, and not more than one commercial vehicle which shall not exceed eighteen (18) feet in overall length, eight feet in overall height, and shall not be designed or constructed to carry a load greater than one and one-half tons, net.
e. Tennis courts and swimming pools shall not be located within a required side or front yard.
f. 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.
g. 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.
2. Special Use. Planned developments, as provided in Chapter 17.58 of this Code, and subject to the conditions and requirements set forth in this chapter and in Chapter 17.56.
3. Essential Public Use. Essential public use, either as a principal use or as an accessory use.
B. Height. No multiple-family dwelling shall have a height greater than thirty-five (35) feet or two and one-half stories, whichever is less; provided that, the maximum height limitation may be increased to forty (40) feet to permit the construction or installation of an enclosure on the roof to contain machinery or equipment or to provide access. No portion of any such enclosures shall occupy more than ten (10) percent of the gross surface area of the roof and the enclosure shall not be closer than ten (10) feet, measured horizontally, from the exterior face of the nearest exterior building wall.
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 limit applicable to the building.
C. Units Per Acre. No multiple-family dwelling shall be erected or altered to accommodate or make provisions for more than thirty (30) dwelling units on any acre of land, nor make provisions for more than a proportional number of units on a fractional part of any acre of land.
D. Intensity of Use of Lot. No multiple-family dwelling, together with accessory buildings and the portion of the lot outside of the multiple-family dwelling devoted to parking areas and other impermeable surfaces, shall occupy in excess of sixty (60) percent of the area of the lot.
E. Dwelling Unit Area Per Occupant. No dwelling unit maintaining 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 altered shall contain not less than three hundred fifty (350) 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) square 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 a dwelling unit shall not exceed seven. A newborn child need not be considered to be a resident until attaining the age of one year.
F. 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 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.
G. Side Yard. There shall be a side yard on each side of the lot having a width of not less than twelve (12) feet.
H. Rear Yard. There shall be a rear yard 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 shall not be less than thirty (30) feet. 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.
I. 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 be less than two and one-half inches wide for each foot of length of such court from the closed end.
J. 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 be less than two and one-half inches wide for each foot of length of such court from the closed end.
K. 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 in 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 are area of, the building, structure or premises in which the excepted uses are located increased 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.
L. Permitted Obstructions in Required Yards and Courts. In accordance with the provisions of Section 17.36.020, certain buildings and other structures may be located in required yards and courts.
M. Division of a Multiple-Family Dwelling. Division of ownership of 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 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.
N. 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 §§ 12-19, 1998; Ord. MC-195-97 § 10, 1997; Ord. MC-188-97 § 3, 1997; prior code § 22.09)
O. 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.
(Ord. MC-202-98 §§ 12-19, 1998; Ord. MC-195-97 § 10, 1997; Ord. MC-188-97 § 3, 1997; prior code § 22.09) (MC-8-2000, Amended, 11/21/2000, Subsection (F) Setback amended)
(MC-8-2005, Added, 12/20/2006, Subsection (O) added; MC-8-2005, Amended, 12/20/2005, Subsection (A) amended; MC-6-2005, Amended, 09/20/2005; MC-8-2000, Amended, 11/21/2000, Subsection (F) Setback amended)