The TOD transportation oriented design overlay district established herein, is intended to provide for transit supportive design in accordance with the downtown station area plan, dated December 8, 2008. (Ord. 2009-O-032, 8-10-2009)

   A.   Land Use Interpretation: All applications for land uses which are not listed as permitted in the use matrix for the underlying zoning district, or for special uses that are not listed in the use matrix of the particular underlying district shall be submitted to the zoning official for a use interpretation pursuant to the standards and procedures set forth in section 9-4-8, "Administrative Interpretations", of this title.

   B.   Temporary Uses: Certain temporary uses are permitted in the TOD downtown transportation oriented design overlay district subject to the provisions of section 9-14-13, "Temporary Uses", of this title and the securing of a temporary use permit pursuant to section 9-4-10, "Temporary Use Permits", of this title.

   C.   Parking And Loading: The parking and loading requirements applicable in the TOD downtown transportation oriented design overlay district are set forth in chapter 16, "Off Street Parking And Loading", of this title except as modified by this chapter.

   D.   Signs: Sign regulations applicable in the TOD downtown transportation oriented design overlay district are set forth in chapter 18, "Signs", of this title.

   E.   Erosion And Sedimentation Control: Requirements relating to erosion and sedimentation control in the TOD downtown transportation oriented design overlay district are set forth in chapter 6, "General Provisions", of this title.

   F.   Performance Standards: Requirements relating to performance standards in the TOD downtown transportation oriented design overlay district are set forth in chapter 15, "Performance Standards", of this title.

   G.   Landscaping And Screening: Requirements relating to landscaping, screening, and buffering in the TOD downtown transportation oriented design overlay district are set forth in chapter 17, "Landscaping And Screening", of this title.

   H.   Fences: Requirements relating to fences in the TOD downtown transportation oriented design overlay district are set forth in chapter 14, "Specific Use Provisions", of this title.

   I.   Nonconforming Lots: Requirements relating to nonconforming lots in the TOD downtown transportation oriented design overlay district are set forth in chapter 5, "Nonconforming Uses And Structures", of this title. (Ord. 2009-O-032, 8-10-2009)

   A.   Permitted Uses: The uses permitted in the TOD downtown transportation oriented design overlay district shall be those listed in the use matrix for the underlying zoning district.

   B.   Special Uses: The uses allowed as special uses in the TOD downtown transportation oriented design overlay district established herein shall be those uses listed (permitted or special) in the use matrix of the underlying district or districts, and may be allowed subject to any limitations therein, this title, or other village title, and the securing of a special use permit pursuant to section 9-4-5, "Special Use Permits", of this title.

   C.   Accessory Uses: Accessory uses, buildings and structures customarily incidental to and commonly associated with a permitted use or a special use may be permitted, subject to the provisions of chapter 14, "Specific Use Provisions", of this title and any limitation contained herein.

   D.   Bulk Regulations: The minimum bulk requirements for the TOD downtown transportation oriented design overlay district shall be those found in the underlying district or districts, however, those requirements may be varied as set forth in this chapter and when approved by the village board.

   E.   Prohibited Uses: Uses not listed as permitted in the underlying district or districts are hereby strictly prohibited. (Ord. 2009-O-032, 8-10-2009)

   A.   Residential Density: Properties carrying the TOD downtown transportation oriented design overlay district designation shall be allowed to increase residential densities up to twelve (12) dwelling units per acre through reduced minimum unit sizes and/or lot sizes.

   B.   Building Height: Properties carrying the TOD downtown transportation oriented design overlay district designation shall be allowed an increase in building height up to a total of four (4) stories in accordance with the downtown station area plan.

   C.   Mixed Use Buildings: Properties carrying the TOD downtown transportation oriented design overlay district designation shall be allowed a mixture of uses with residential uses located above commercial uses.

   D.   Building Setbacks: Properties carrying the TOD downtown transportation oriented design overlay district designation may be allowed reduced front yard setbacks to provide for a minimum of no setback to a five foot (5') setback. Permitted uses within the setback area include, but are not limited to, outdoor dining, architectural overhangs, and pedestrian amenities. No parking shall be permitted within the front yard setback area. Parking should be encouraged to be located within the building or in rear parking areas.

   E.   Parking: Properties carrying the TOD downtown transportation oriented design overlay district designation may be allowed a reduction in parking spaces required to 1.0 per dwelling unit. At the discretion of the village board, a fee in lieu of parking may be allowed as part of any reduced parking ratio for uses within this overlay district. (Ord. 2009-O-032, 8-10-2009)

The village board may, upon the recommendation of the planning commission and in accordance with the procedures for amending this title set forth in section 9-4-7, "Amendments", of this title establish a TOD downtown transportation oriented design overlay district. Any TOD downtown transportation oriented design overlay district established by the village board shall be so indicated on the zoning map of the village. (Ord. 2009-O-032, 8-10-2009)

The planning commission shall, in arriving at its recommendation, consider the adopted comprehensive general plan, as amended, the downtown station area plan, this title, and any other adopted land use or design plans relevant to the specific site. The planning commission shall, at the time of forwarding its recommendations to the village board, forward any recommendation pertaining to the specific site, contained in the comprehensive general plan or any other adopted land use or design plans. (Ord. 2009-O-032, 8-10-2009)