Planned developments are of such substantially different character from other zoning categories that specific and additional standards and exceptions are hereby established to govern the recommendations of the Zoning and Planning Commission and the action of the Board of Trustees.

For the purpose of zoning designation, a planned development area may be zoned as PD-R-1, R-2, or R-3 or any combination thereof. Such designation is for the purpose of enhancing the appearance of neighborhoods, preserving open space, avoiding and controlling congestion of building development, stabilizing property values, encouraging variation in types of structures and land use, encouraging the provision of amenities for residents and promoting orderly development so as not to create a detrimental influence on the surrounding neighborhood.

The planned development concept is not intended to increase density of use but to stress the use of open space and originality in land use, building design and location.

It is specifically not intended that land zoned for planned development come under the rules and regulations applicable to R-1, R-2, and R-3 zoning categories except as herein provided.

COMMON AREAS: See "Common Space".

COMMON SPACE: All areas outside of the individual dwelling unit perimeters. Common areas shall include hallways, stairwells, laundry rooms, any interior recreational spaces, if any, and other areas within the building, which are common to all of the occupants thereof. Common areas shall also include all driveways, aisles, parking spaces, green space, outdoor recreational facilities, if any, and any other similar areas. Common space shall not be encumbered by fences, walls or assigns which would prohibit use by the occupants of the planned unit development.

COMPLETE BUILDING PLANS:

   A.   Exterior Plan Views: Elevation sketches of all four (4) sides of a proposed building, indicating the types of materials, building height and color combinations.

   B.   Interior Plan Views: Preliminary plans showing the size and square foot area of each unit, the room design within each unit, the halls and stairwells, indicating fire doors where necessary. All floors of the building can be typical, however, any variations between floor designs are to be shown separately.

GREEN SPACE: An area or areas of reasonably contiguous open space available to residents of a planned development for common use. Green space areas shall be landscaped with grass, trees, bushes, etc., pursuant to a landscaping plan approved by the Zoning and Planning Commission and Board of Trustees. Green space must be wholly within the building lines and shall not include required setbacks. Green space shall not include hard-surface driveways, aisles, parking spaces, sidewalks or refuse container areas within the building lines. Up to forty percent (40%) of the green space requirement may be met by recreational areas approved by the Village on the roofs of covered parking areas. Such decked parking green space shall be improved with recreational facilities for the occupants of the building as approved by the Zoning and Planning Commission and Board of Trustees.

OPEN SPACE: That portion of the total lot area which is common space and which is open and unobstructed by any building or portion thereof from the ground upward. Open areas above or below grade may be used to satisfy a portion of this requirement if the surface of such open area is visible from grade level.

SITE PLAN: A plan placing the building on the land, showing paved roadways and driveways, sidewalks, setback lines, required green space, parking areas, screening, fences and general landscaping.

   A.   Compliance Required: All planned unit developments shall comply with the regulations of the Village and the requirements of the Zoning and Building Codes 1 .

   B.   Preliminary Hearing: All planned unit developments shall be initiated by a preliminary hearing before the Zoning and Planning Commission. The purpose of the preliminary meeting is informative. No decision or opinion will be rendered by the Zoning and Planning Commission at such hearing. Proposed type of construction must be submitted to the Director of Office of Community Development and Growth Management prior to the hearing of the Zoning and Planning Commission.

   C.   Preliminary Plans: All preliminary plans, elevations and layouts shall be fully dimensioned and all preliminary plans submitted must include:

      1.   Building plans, with all exterior walls to be of suitable fire-rated material.

      2.   Site plans.

      3.   Interior floor plans.

      4.   Proposed agreements for maintenance of common areas.

      5.   Proposed location of future fences, walls or other barriers.

      6.   Proposed location of any future garages or other accessory buildings.

The Zoning and Planning Commission may, at its option, give approval to location and type of improvements planned for addition at a later date, and such information shall be entered on the plans. Alterations in plans for such future improvements cannot be made without approval of the Zoning and Planning Commission and the board of trustees.

The Zoning and Planning Commission may, at its option, require the approved plan to show the location of proposed later improvements; such future improvements may not be changed without the approval of the said commission and the board of trustees. However, improvements designated "proposed" or "future" are not mandatory unless so designated and required by the Zoning and Planning Commission as part of the approval of the original plans.

   D.   Action By Zoning and Planning Commission: Upon review and approval of the preliminary and final plans as are required, the Zoning and Planning Commission will make its recommendation to the president and board of trustees for final approval.

All buildings or premises in planned R-1 and R-3 areas shall be used only for the following purposes:

   A.   Single-, two-, and multi-family dwellings.

   B.   Parks, playgrounds and community buildings owned or operated for the use of the residents of the planned area and solely for recreational purposes.

   C.   Parking as defined in section 4-11A-8 of this article.

   D.   Signs limited to advertising premises for sale or for rent.

   E.   Garages and/or accessory buildings as incorporated in the original plan or proposed future plan as approved.

   F.   Provisions shall be made for enclosed garbage stalls to be constructed of the same materials as the building, of a size to accommodate a "leach" type or similar sized container, of sufficient number and size to accommodate the proposed number of units in the development but in no case shall there be less than one container per each twelve (12) units.

   G.   No truck in excess of one and one-half (11/2) tons' capacity may be parked, except momentarily, on private property in this district.

   H.   In planned R-1 districts, the developer may elect to use subdivision regulations and develop the resulting lots under chapter 5, article A, "R-1 Single-Family Residence District", of this title, in lieu of the planned R-1 regulations, with the approval of the Zoning and Planning Commission.

   I.   In planned R-1, R-2 and R-3 areas, small community residences, provided:

      1.   They are not located within one thousand two hundred feet (1,200') of another community residence;

      2.   Prior to occupancy, a certificate of zoning compliance is applied for and received (see section 4-3-5 of this title); and

      3.   Prior to occupancy, an administrative occupancy permit is applied for and received (see section 4-3-9 of this title).

   J.   In planned R-3 areas, large community residences, provided:

      1.   They are not located within one thousand two hundred feet (1,200') of another community residence;

      2.   Prior to occupancy, a certificate of zoning compliance is applied for and received (see section 4-3-5 of this title); and

      3.   Prior to occupancy, an administrative occupancy permit is applied for and received (see section 4-3-9 of this title).

   K.   Satellite dish antennas subject to section 4-2-12 of this title (permit required, $25.00).

   A.   Building Height:

      1.   Planned R-1: Single-family dwellings and planned R-2 two- family dwellings shall not exceed two and one-half (21/2) stories, nor shall they exceed thirty five feet (35') in height, except as provided in section 4-2-8 of this title.

      2.   Planned R-3: Multi-family dwellings shall not exceed three (3) stories, nor shall they exceed forty feet (40') in height, except as provided in section 4-2-8 of this title.

   B.   Area Regulations:

      1.   No building shall be constructed within twenty five feet (25') of the front lot line on any street nor shall the rear of any building face on a dedicated street.

      2.   Individual lot sizes, if any, shall be approved by the Zoning and Planning Commission and the president and board of trustees when the site plan is submitted.

      3.   In planned R-1, where all lands are to be considered common lands, sufficient land in the rear of each building must remain in private ownership, said areas to be not less than the width of the building by twenty feet (20') in depth.

      4.   A minimum of ten feet (10') shall be required between all buildings when detached.

      5.   On interior side lot lines, there shall be a minimum setback of five feet (5').

      6.   On rear lot lines, there shall be a minimum setback of ten feet (10').

   C.   Lot Coverage: The following is the maximum number of units permitted, providing all requirements regarding parking, setbacks and open spaces are first met:

      1.   Maximum Density:

 

 

      2.   Less Than One Acre: For any parcel of land less than one acre, units per acres and common open space per acre shall be computed as a percentage based upon the size of the parcel as a percentage of an acre.

      3.   Planned R-3:

         a.   There shall be a minimum of one thousand three hundred (1,300) square feet of land per unit after dedication of streets.

         b.   There shall be a minimum of eight hundred (800) square feet of open space per unit, of which a minimum of four hundred (400) square feet shall be green space. Buildings shall be so cited as to allow combining and arranging of green space to provide maximum contiguous green space area.

Recreational facilities are defined as structures on the property to which residents thereof have common access for recreation, including swimming pools, club houses, putting greens, but not including tot play lots or ordinary green space.

   D.   Minimum Floor Area:

      1.   Planned R-1 shall be in accordance with Section 6-1C-2 of this Code.

      2.   Planned R-2 and R-3 shall be in accordance with Articles 5B and 5C of this Title.

All public utilities shall be under ground.

Buildings, premises and uses permitted are subject to the applicable performance standards of Section 4-8-8 of this Title.

   A.   Design:

      1.   Size:

         a.   Off-street outside parking space shall be at least nine feet (9') in width and a minimum of twenty feet (20') in length and shall have a vertical clearance of seven feet (7').

         b.   Off-street inside parking space shall have a minimum interior dimension of nine feet (9') in width, a minimum of twenty feet (20') in length and shall have a vertical clearance of at least seven feet (7').

      2.   Plan of Parking Facilities: Shall be in accordance with subsection 4-13-3-2A of this Title.

      3.   Number of Parking Spaces: Two (2) parking spaces shall be provided for each dwelling unit.

   B.   Location: Parking spaces cannot be included in any required setbacks and shall comply with subsection 4-13-3-2H1 of this Title.

   C.   Access: Shall be in accordance with subsection 4-13-3-2L of this Title.

   D.   Loading: Shall be in accordance with subsection 4-13-2A of this Title.

   E.   Surfacing: All open-to-the-sky off-street parking areas shall be improved with asphalt surface, consisting of nine inches (9") of compacted stone and screenings and two inches (2") of asphalt, or six inches (6") of bituminous aggregate mixture (BAM) plus one and one-half inches (11/2") of asphalt, or such standards as may be promulgated, from time to time, by the Village. (Ords. 75-10-55, 77-8-7, 81-12-19, 81-17-29, 81-36-77, 87-17-70, 90-16-68, 92-11-45, 93-9-24, 93-24-107, 19-16-66)

The planned commercial and planned office concept as delineated herein is intended to provide rules, regulations, requirements and procedures which offer alternative methods for development of C-1, C-2 and O areas as set forth in this Title and insure compatibility with the surrounding neighborhood and with the master plan of the village.

The goals of this Article are:

   A.   To create, enhance and/or conserve the value of the land within the Village;

   B.   To provide for a healthy, reasonably stable, and economically sound business community;

   C.   To create convenient and attractive areas for shopping;

   D.   To provide for reasonable car parking areas as well as improve traffic flow;

   E.   To create cooperation between public and private sectors; and

   F.   In general to encourage quality development in the Village.

Except as provided in this Article or by specific reference to the provisions of this Title, it is specifically intended that all planned commercial and planned office be regulated by this Article and shall not come under the rules and regulations as provided for in this Title.

BELOW GRADE OCCUPANCY: Any finished floor of any level used for any purpose which is below the established finished grade. Office and commercial uses may be placed below grade providing a minimum ceiling height of ten feet (10') is maintained and further, that all other requirements of the Building Code, Fire Prevention Code and all other applicable standards of the Village are met.

COMPLETE PRELIMINARY BUILDING PLANS: Elevation renderings of all sides of the proposed building(s) including the type of materials, building height and design and signs. Preliminary building plans shall include interior planned views and a site plan. All plans are to be fully dimensioned. These are not working plans but completely developed preliminary plans.

COVENANT AGREEMENT: Recorded document to the Village, acceptable to the Village Attorney, providing for covenants to run with the land providing for common usage of open space between two (2) or more buildings, easements and cross easements, common driveways and/or parking area agreements, maintenance agreements for common open space, and such other provisions as may be necessary to maintain the intent and purpose of this Article.

EFFICIENCY UNIT: A dwelling unit consisting of one principal room used for living, dining and sleeping purposes with a kitchen area, either included within the room or as a separate room, and with a three-fixture bathroom including a bathtub/shower combination.

FINAL PLANS: Final working drawings incorporating all provisions as approved during preliminary discussion and complying with all ordinance requirements of the Village.

FLOOR AREA, FOR DETERMINING FLOOR AREA RATIO: The floor area of a building is the sum of the gross horizontal area of all floors of the building, both above and below grade, measured from the exterior faces of the exterior walls or from the center line of walls separating two (2) buildings. The floor area of a building shall include basements, elevator shafts, stairwells, mechanical equipment rooms, spaces and chases (except equipment located on the roof), attic space having headroom of seven feet (7') or more, interior balconies and mezzanines, enclosed porches, lobbies and corridors, and all other floor areas devoted to accessory uses. However, any space devoted to off-street parking or loading for commercial or office use shall not be included in floor area.

FLOOR AREA RATIO (FAR): Total floor area as defined herein divided by the total lot area after all street dedications have been made, equals floor area ratio. To determine the maximum floor area allowed to be built on any lot or parcel of land regulated by this Article, multiply the total lot area, after all street dedications have been made, by the floor area ratio as set forth in 4-11B-8 of this Article.

INTERIOR PLANNED VIEWS: Views setting forth the size and square foot area of all interior spaces, halls, stairways, equipment and mechanical spaces, location of elevator(s), indicating firewalls and fire doors where necessary. All floors of the building can be typical; however, any variations between floor designs are to be shown separately. All plans are to be fully dimensioned.

NET COMMERCIAL AND/OR OFFICE SPACE: The net floor area of a commercial or office building or structure, exclusive of hallways, stairways, stairwells, elevator shafts, maintenance and mechanical spaces, lavatories, fireproof vaults, closets or monumental or other type lobbies used solely for ingress and egress through the commercial or office building structure.

PRIMARY OR GROUND FLOOR: For the purpose of establishing minimum required parking percentages or floor as regulated by 4-11B-9 herein, the primary or ground floor shall be the first floor above grade level occupied or used as offices or commercial; except, that which automobile parking is placed under the building on the grade or ground level, and not a basement, then the first floor above the parking level used or occupied by offices and/or commercial shall be counted as the primary floor.

If parking is placed under the building at grade or ground level for less than thirty five percent (35%) of the entire floor area, then the remaining floor area of that level used for office and/or commercial shall be counted at eighty percent (80%) of required parking and the first floor above the combination parking, office and/or commercial level shall be counted as the primary floor at one hundred percent (100%) of parking requirements.

If parking is placed under the building at grade or ground level for thirty five percent (35%) or more of the entire floor area, then the remaining floor area shall be counted at sixty percent (60%) of the required parking and the first floor above the combination parking, office and/or commercial level shall be counted as the primary floor at one hundred percent (100%) of parking requirement.

In the case of an unusual design, the Zoning and Planning Commission shall establish which level shall constitute the primary floor for purposes of computing the one hundred percent (100%) parking requirement.

SITE PLAN: A plan placing the building(s) on the land, showing grades, all signs and their placement, general and parking area lighting systems, public walks, parkways layout showing the driveways, aisles and parking areas, and the general placement of trees, shrubs, fountains and other landscaping details. The site plan shall be fully dimensioned.

There are no areas of the Village specifically zoned for planned commercial or planned office as herein defined. Planned commercial and planned office shall be permitted only upon approval of the Zoning and Planning Commission and the President and Board of Trustees of the Village, upon compliance with all requirements of this Article and other applicable ordinances of the Village. If the petitioner's concept is accepted by the Zoning and Planning Commission and the Village President and Board of Trustees, a public hearing shall not be required unless the proposed site includes property which is not already zoned C-1, C-2 and/or O, then a public hearing shall be required as per Section 2-1-7-1 of this Code.

   A.   Preliminary Hearing: All buildings, developments or proposals covered by this Article shall be initiated by a preliminary hearing before the Zoning and Planning Commission prior to the submission of preliminary plans. The purpose of the preliminary meeting is informative.

   B.   Submittal of Plans: Thereafter, preliminary sketches and plans embodying the results of the preliminary meeting shall be submitted to the Zoning and Planning Commission for consideration. All preliminary plans so submitted at said meeting must include:

      1.   Complete preliminary building plans, with all exterior walls to be of face brick, stone, poured or precast concrete panels, or of other suitable contemporary materials as approved by the Commission. All exterior wall materials shall meet the fire-resistant requirements of the Building Code.

      2.   Interior planned views.

      3.   Site plan.

      4.   Proposed covenant agreement, if required.

      5.   Grades of all proposed buildings and finished grades of the project, of all existing buildings and finished grades abutting the project and/or of property likely to be affected by the proposed project. Finished grades shall be approved by the Department of Community Development and Growth Management of the Village to insure against flooding, undercutting of grades, or other adverse effects of the finished grades of the project on existing abutting property.

   C.   Preliminary Approval: Preliminary plans must be approved by the Zoning and Planning Commission and then submitted to the President and Board of Trustees for approval.

   D.   Preparation of Final Plans: Upon approval of preliminary plans by the President and Board of Trustees, the applicant shall, in the preparation of final plans, consult with the Building Department which shall obtain approval of said final plans for the Department of Community Development and Growth Management, Fire Department and Public Works Department.

   E.   Final Approval: Upon review and the approval of final plans and completion of any required public hearings as provided in Title 2, Chapter 1 of this Code, the Zoning and Planning Commission shall make its recommendations to the President and Board of Trustees within sixty (60) days. The President and Board of Trustees shall take final action on the recommendation of the Zoning and Planning Commission within thirty (30) days thereafter.

   F.   Expiration of Approval: Unless a building permit is taken out within one year after the final approval by the President and Board of Trustees, the approval shall expire.

All buildings or premises approved for construction as a planned commercial or planned office development shall be used only for the following purposes and subject to the performance standards of Section 4-8-8 of this Title:

   A.   Commercial Retail and Service Uses:

      Bakeries where all goods are sold on the premises at retail.

      Banks, currency exchanges, savings and loan associations and finance companies.

      Barbershops and beauty parlors.

      Book and stationery stores.

      Business, music, dance, beauty and commercial schools, excluding trade schools.

      Cleaning establishments where work is done elsewhere (pickup stations only). Clothing, apparel and accessory stores.

      Cocktail lounges. (See subsection 2-1-2G of this Code.) Petition required, twenty five dollars ($25.00).

      Convenience and specialty food shops.

      Department stores.

      Dress, millinery and tailor shops.

      Drugstores.

      Electrical appliance and/or repair shops.

      Employment agencies, both public and private.

      Florist shops.

      Furniture stores.

      General retail stores.

      Hardware stores.

      Health clubs.

      Jewelry stores.

      Laboratories.

      Laundries:

      Launderettes (self-service laundries).

      Hand laundries employing not more than five (5) persons.

      Locksmiths.

      Lodge rooms, halls and private clubs.

      Mail order houses.

      Meat markets where no stripping or slaughtering is involved.

      Messenger and telegraph service stations.

      Office equipment sales and service.

      Pet stores with no animal boarding for hire.

      Photographic studios.

      Printing shops.

      Radio, television sales, service and studios.

      Restaurants (banquet hall, carryout and full service).

      Shoe sales and/or repair shops.

      Sports equipment and apparel stores.

      Telephone booths and coin telephone booths (outdoors).

      Travel agencies.

   B.   Offices:

      Business offices, such as district offices, manufacturers' representatives and similar business offices.

      Dental, medical offices and/or clinics.

      Government offices.

      Insurance, real estate, small loan companies and other similar offices.

      Lawyer, architect, engineer and other professional offices.

      Private or professional schools, except those of an industrial nature.

      Stenographic offices, computer offices and telephone answering services.

      Wholesale showrooms and sales offices.

   C.   Compatible Uses: The Zoning and Planning Commission shall entertain projects which may contain other similar commercial retail and service uses and office uses which will be compatible to uses listed in subsections A and B of this section. The Zoning and Planning Commission shall also entertain uses which, because of rapid technological changes and business innovations, do not presently exist or are not currently being listed in normal zoning use groups.

   D.   Apartment Units: Apartment units may be built on any floor above the first floor; providing, that if there are any apartment units on any floor, no commercial or office space shall be located on the same floor nor on any floor above.

Each and every apartment unit must contain the following net minimum square footage area (area is totally within the inside perimeter of each apartment unit):

 

 

   E.   Parks, Playgrounds And Public Buildings: Parks, playgrounds and community buildings owned or operated for the use of residents of the development and solely for recreational purposes.

   F.   Parking: There shall be a minimum of one car stall for each one hundred fifty (150) square feet of net commercial space; one car stall for each two hundred (200) square feet of net office space; and two (2) car stalls for each apartment unit.

In computing parking where the requirement ends in a fraction of a car stall, add a full car stall for any fraction of one-half (1/2) or more and disregard an additional car stall if the fraction is less than one-half (1/2). A loading space shall be provided as required in subsection 4-11B-9B of this article.

In computing parking requirements for private or professional schools, one parking space shall be provided for each employee, plus one parking space for every three (3) students in the premises at one time.

   G.   Signs: Signs are regulated by title 6, chapter 8 of this code except that the planning and development commission shall approve the placement and design of all signs to be erected within the development.

   H.   Accessory Buildings: Garages, carports and/or accessory buildings and fences as incorporated in the original plans.

   I.   Restaurants: With approval by the Zoning and Planning Commission and the president and board of trustees, penthouse type commercial restaurant(s) may be permitted on the top floor, and additional parking spaces shall be required based on the C-2 parking requirements of this title.

   J.   Satellite Dish Antennas: Satellite dish antennas subject to section 4-2-12 of this title (permit required, $25.00).

   A.   Generally: Notwithstanding any provisions herein to the contrary regarding amount of land coverage and floor area, the requirements of setbacks, open space, and parking shall be calculated prior to determining the maximum height and floor area of the building.

   B.   Open Space: Where outside parking, normally open to the sky, is covered with a structure and said structure is developed as an elevated landscaped mall or recreational area, subject to approval by the Zoning and Planning Commission the roof of said structure can be included as open space. However, the roofs of the buildings enclosing the principal uses may not be so adapted to comply as open space; parking structure roofs only can be considered for additional open space.

   C.   Setbacks:

      1.   There shall be a setback of at least five feet (5') from all street right of way lines for the purposes of sidewalks and landscaping. Where adequate ingress, egress and circulatory sidewalks are provided, as approved by the Zoning and Planning Commission, portions of the building may be built on the lot line; provided, that a square foot area equal to the length of the building so built on the lot line times five feet (5') of landscaped area shall be included within the project, in addition to the required landscaped area so provided in subsection D of this section.

      2.   There shall be a minimum setback of eight feet (8') from the rear property line. The rear setback and any abutting alley in its entirety shall be fully improved by the developer with paving and drainage, in accordance with standards of the Village.

   D.   Landscaping: There shall be a landscaped area equal to five feet (5') times the footage of the longest frontage of the property on any street which shall be a minimum square foot area set aside for landscaping within the project, in addition to subsection C1 of this section.

   E.   Building Requirements:

      1.   All buildings built under this article must be a minimum of three (3) stories in height, a minimum of two (2) hour fire rated construction with fire standpipes, and equipped with a minimum of one elevator for each one hundred (100) people or fraction thereof above the first floor. The number of people per floor shall be computed by using the formula for exit requirements in the building code of the village.

      2.   Below grade under-building parking is permissible when complying with section 4-1-6 of this title, basements, and shall not be counted as a story.

   F.   Minimum Land Requirements: The minimum amount of land necessary for consideration under this article is twelve thousand five hundred (12,500) square feet after all street dedications have been made.

      1.   Minimum Of Twelve Thousand Five Hundred Square Feet: Where there is a minimum of twelve thousand five hundred (12,500) square feet of land, not more than twenty five percent (25%) of the area of the lot may be covered by buildings, except additional area may be built upon for parking structures only. The total floor area ratio shall not exceed three-quarters (3/4) of the lot area.

      2.   Minimum Of Twenty Four Thousand Square Feet: When there is a minimum of twenty four thousand (24,000) square feet of land, not more than twenty five percent (25%) of the area of the lot may be covered by buildings, except additional area may be built upon for parking structures only. The total floor area ratio shall not exceed one and zero-tenths (1.0) of the lot area.

      3.   Minimum Of Fifty Five Thousand Square Feet: When there is a minimum of fifty five thousand (55,000) square feet of land, not more than twenty five percent (25%) of the area of the lot may be covered by buildings, except additional area may be built upon for parking structures only. The total floor area ratio shall not exceed one and one-quarter (1.25) of the lot area.

A minimum amount of land as set forth in subsection 4-11B-8F of this article shall be required to qualify for consideration under this article. No development shall be approved unless the minimum square foot area of land exists under one ownership or control. If the land is owned under multiple ownership such as condominium, cooperative, or some other common ownership, covenants shall be provided to guarantee the use of all common quasi-public areas, parking lots and all other areas of common use to each occupant of the development.

Further, the land, building(s), parking areas, landscaped areas and other features of the development shall not be physically separated in any way which might negate the purpose of this article.

   A.   It shall be the policy of the village to develop dedicated side streets within commercial and office zoning districts as additional motor vehicle parking areas. Such minilots shall be developed in conjunction with projects built under this article. The reduced percentages of required parking in subsection C of this section are based on the development of minilots.

   B.   Minimum off street parking requirements are hereby established as provided in subsection 4-11B-7F of this article. Further, an off street loading space of at least ten feet by thirty feet (10' x 30') shall be provided for each building and shall be adjacent to a receiving space within the building.

   C.   In the event a proposed development is to contain both office and apartment uses, the parking requirements shall be governed by the office parking requirements of subsection 4-13-4G of this title and such special conditions, if any, contained in any special variation granted by the village at the request of the developer by reason of the apartment uses.

   D.   Off street parking which is not adjacent to the principal building site but is located within three hundred feet (300') of the site may be counted toward the total required parking; provided, that the parking site is on the same side of the principal street as the building and, further, that the parking site is owned, not leased, by the development and shall not be sold, conveyed or in any other way divested or encumbered, as a separate parcel so long as the planned commercial or planned office building continues to exist. Such provision shall be included in the covenants to be approved by the village attorney.

All on site public utilities shall be under ground.

Each building built under this article shall provide a refuse room within the building, or an enclosed refuse stall outside the building for garbage and rubbish. If provided for outside the building, it shall be constructed of the same principal material as the building and shall be located at a site approved by the Zoning and Planning Commission.

Buildings, premises and uses permitted in this article are subject to the applicable standards of section 4-8-8 of this title.

It shall be the policy of the village to rezone in the appropriate zoning classification, residential property immediately contiguous to existing commercial and/or office use as contemplated, provided:

   A.   That the commercial and/or office use requesting zoning in depth needs the additional zoning in order to meet the parking, loading and yard requirements of this article and providing the commercial and/or office use owns or controls the property.

   B.   That the residential property proposed for rezoning extends no deeper than two (2) residential lots, not to exceed a combined total of one hundred feet (100'), from the lot line of the commercial use or from an alley contiguous to the commercial and/or office use.

   C.   That the commercial and/or office use creates a landscaped area, fenced or hedged, of not less than five feet (5') immediately adjacent to all residential property or to an alley which serves residential property. Such landscaped buffer zone shall not be used for parking, storage of containers, or any use accessory to the commercial and/or office use but shall be maintained as a green strip buffer for the protection of the residential property. (Ords. 75-10-55, 77-8-7, 81-17-29, 81-36-77, 83-16-37, 87-17-70, 92-11-45, 93-9-24, 93-24-107, 08-21-66, 19-16-66)