[Added 6-28-2011 by L.L. No. 5-2011]
A procedure is hereby established for the designation of property(ies)
to be within the CBAT District in order to provide an appropriate
transition of development type and density for certain properties
abutting the Central Business A District.
In addition to the purposes and legislative intent set forth in § 310-2 of this chapter, the district established pursuant to this article shall have among its purposes the following:
A.
To provide for a graduated transition between commercial and residential
properties;
B.
To recognize that some developments may, by virtue of their scale, size and unique building sites, require specialized consideration and treatment by Village authorities, and may not be adequately addressed by district regulations set forth in Article III.
C.
To provide for the establishment of separate and distinct substantive
standards for planned and controlled developments of varying sizes
or to recognize and encourage the advantages that may accrue from
the complexities of particular and/or unique parcel size, location
within the Village, juxtaposition with adjacent land uses and community
facilities and functions, and to take into account the increasing
need for flexibility in types of uses, building types, location and
design required in such developments, and the need to plan and control
such developments so as to minimize their effect on surrounding uses
and public services;
D.
To provide combinations of permitted uses and variations in the relationship
of uses, structures, open spaces, density and size of structures in
developments to assure cohesive and unified projects; and
E.
To provide a controlled review and zoning procedure and to encourage
good development while assuring that such development shall further
the purposes of this chapter.
A.
Permitted uses. All uses within the CBAT District shall be determined
by the Board of Trustees on a case-by-case basis for each parcel in
the district by resolution following a public hearing, provided that
permitted uses may include only those non-special permit uses permitted
in the Central Business A District, irrespective of the location of
the CBAT District, and further provided that in no event shall dry
cleaner be a permitted use, even if no cleaning plant is on the premises.
B.
Location. The CBAT District may be located only where each lot within
the CBAT District immediately abuts the Central Business A District.
For the purposes of this subsection only, where the boundary of the
Central Business A District coincides with the center line of a segment
of a street and/or alley, lots that abut such segment shall be deemed
to abut the Central Business A District.
(1)
Exception to CBAT District designation: Any lot on which any
building is being used for residential purposes at the time an application
to the Board of Trustees for CBAT District approval is submitted,
or within one year prior thereto, shall not be eligible for CBAT District
designation.
C.
Bulk regulations. Bulk regulations shall be set on a case-by-case
basis by resolution of the Board of Trustees following a public hearing
and according to the provisions of this article, provided that in
no event shall the bulk regulations be less restrictive than the bulk
regulations of the Central Business A District.
D.
Off-street parking. Off-street parking requirements shall be set
on a case-by-case basis by resolution of the Board of Trustees following
a public hearing.
E.
Ownership. Application for CBAT District designation of a particular
parcel or parcels of land shall be made by or on behalf of all owners
of such parcel(s).
The Board of Trustees shall be the Village authority responsible
for designating property(ies) to be within the CBAT District.
The procedure for designation of property(ies) to be within the CBAT District shall be as set forth in § 310-47 of this chapter.
