(A)   To the end that adequate light, pure air, and safety from fire and other dangers may be secured, that the taxable value of land and buildings throughout the municipality may be conserved, that congestion in the public streets may be lessened or avoided, that the hazards to persons and damage to property resulting from the accumulation or runoff of storm or floodwaters may be lessened or avoided, and that the public health, safety, comfort, morals, and welfare may be otherwise promoted, and to ensure and facilitate the preservation of sites, areas, and structures of historical, architectural, and aesthetic importance; this chapter, in accordance with state law, provides for the following:

      (1)   To regulate and limit the height and bulk of buildings hereafter to be erected;

      (2)   To establish, regulate and limit the building or setback lines on or along any street, traffic way, drive, parkway or storm- or floodwater runoff channel or basin;

      (3)   To regulate and limit the intensity of the use of lot areas, and to regulate and determine the area of open spaces, within and surrounding such buildings;

      (4)   To classify, regulate and restrict the location of trades and industries and the location of buildings designed for specified industrial, business, residential, and other uses;

      (5)   To divide the entire municipality into districts of such number, shape, area, and of such different classes (according to use of land and buildings, height and bulk of buildings, intensity of the use of lot area, area of open spaces, or other classification) as may be deemed best suited to carry out the purposes of this chapter;

      (6)   To fix standards to which buildings or structures therein shall conform;

      (7)   To prohibit uses, buildings, or structures incompatible with the character of such districts;

      (8)   To prevent additions to and alteration or remodeling of existing buildings or structures in such a way as to avoid the restrictions and limitations lawfully imposed under this chapter; and

      (9)   To establish other regulations of land use and development that is consistent with the statutory authority afforded to the village so as to promote the public health, safety, comfort, morals, and welfare of the village and its environs.

   (B)   This chapter is intended to be utilized in conjunction with Chapter 153 of this code to ensure that the development of land within the village occurs in a manner that protects, provides for, and promotes the public health, safety, convenience, comfort, and general welfare of the residents of the village.

   (C)   Except as otherwise provided for in §§ 154.175 through 154.179, all structures erected hereafter, all uses of land or structures established hereafter, all structural alterations or relocation of structures occurring hereafter, and all enlargements or additions to existing uses occurring hereafter shall comply with the regulations of this chapter.

   (D)   In the event a nonconforming situation is caused by this chapter and a building permit for a structure has been lawfully issued prior to the effective date of this chapter, or amendment thereto, and provided that construction is begun within six months of the date of the building permit and diligently prosecuted to completion, such structure may be completed in accordance with the approved plans on the basis of which the building permit has been issued, and may, upon completion, be occupied under a certificate of occupancy for the use originally designated, subject thereafter to the provisions of § 154.142(D).

(Ord. 834, passed 2-1-2001)

Except as otherwise limited by law or by extraterritorial boundary agreements with other municipalities, the provisions of this chapter shall apply to all land within the corporate limits of the village and within contiguous territory within one and one-half miles beyond the corporate limits and not included within any municipality.

(Ord. 834, passed 2-1-2001)

   (A)   The provisions of this chapter shall be considered the minimum requirements for the promotion of the public health, safety, and welfare. Where provisions of this chapter impose greater restrictions than those of any statute, other ordinance or regulation, the provisions of this chapter shall be controlling. Where the provisions of any statute, other ordinance or regulation impose greater restrictions than this chapter, the provisions of such statute, other ordinance or regulation shall be controlling.

   (B)   Whenever any provision of this chapter refers to or cites a section of the relevant state law or rules and regulations and that section is later amended or superseded, this chapter shall be deemed amended to refer to the amended section or the section that most nearly corresponds to the superseded section.

(Ord. 834, passed 2-1-2001)

   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Additionally, for the purpose of this chapter, certain terms and words are hereby defined; words used in the present tense shall include the future; words used in the singular number shall include the plural number, and the plural the singular; the word “building” shall include the word “structure”; and the word “lot” shall include the word “plot”; and the word “shall” is mandatory and not directory.

   ABUTTING. Having a common border with, or being separated from such a common border by a right-of-way or easement for a street, alley, pedestrian way, utilities, or storm drainage.

   ACCESSORY USE.

      (1)   A building, structure, or use which meets all the following criteria:

         (a)   It is subordinate to and serves a principal building or a principal use;

         (b)   It is subordinate in area, extent, or purpose to the principal building or principal use served;

         (c)   It contributes to the comfort, convenience or necessity of occupants, business, industry, or institution in the principal building or principal use served;

         (d)   It is located on the same lot as the principal building use or use served; and is behind the rear building line of the principal building; and

         (e)   It would not otherwise be considered a principal use if it were to be a freestanding structure on its own lot, such as an office building, parking structure, power generation facility, or similar facilities.

      (2)   An ACCESSORY USE includes, but is not limited to, the following:

         (a)   A children’s playhouse, garden house, and private greenhouse;

         (b)   A garage, portable utility shed, carport, or building for domestic use;

         (c)   Storage of merchandise normally carried in stock on the same lot with any retail service or business use, unless such storage is excluded by the district regulations;

         (d)   Storage of goods used in or produced by manufacturing activities, on the same lot or parcel of ground with such activities, unless such storage is excluded by the district regulations;

         (e)   Off-street motor vehicle parking areas, and loading and unloading facilities, except as otherwise noted;

         (f)   Signs, as permitted and regulated in each district incorporated in this chapter; and

         (g)   Public utility communication, electric, gas, water, and sewer lines, their supports and incidental equipment.

   ACREAGE. Any tract or parcel of land having an area of one acre or more which has not been subdivided by metes and bounds or platted.

   AIRPORT or AIRCRAFT LANDING FIELD. Any landing area, runway, or other facility (including heliports), designed, used, or intended to be used either publicly or privately by any person or persons for the landing and taking off of aircraft, including all necessary taxiways, aircraft storage and tie down areas, hangars, and other necessary buildings and open spaces.

   ALLEY. A public way, not more than 30 feet wide, which affords only a secondary means of access to abutting property.

   AUTOMOBILE REPAIR, MAJOR. Engine rebuilding or major reconditioning of worn or damaged motor vehicles or trailers; collision service, including body, frame, or fender straightening or repair, and overall painting of vehicles.

   AUTOMOBILE REPAIR, MINOR. Incidental repairs, replacement of parts, and motor service to automobiles, but not including any operation specified under “Automobile Repair, Major”.

   AUTOMOBILE SERVICE STATION. A place where gasoline, stored only in underground tanks, kerosene, lubricating oils or grease, for operation of automobiles, are offered for sale directly to the public, on the premises, and including minor accessories and services for automobiles; but not including major automobile repairs; and including washing of automobiles. When the dispensing, sale, or offering for sale of motor fuels or oil is incidental to the conduct of a public garage, the premises shall be classified as a public garage. AUTOMOBILE SERVICE STATIONS shall not include sale or storage of junkers or junkyards as defined herein.

   AUTOMOBILE WRECKING YARD. Any place where two or more motor vehicles not in running condition, or parts thereof, are stored in the open and are not being restored to operation, or any land, building, or structure used for wrecking or storing of such motor vehicle or parts thereof, and including any used farm vehicles or farm machinery, or parts thereof, stored in the open and not being restored to operating condition.

   AWNING. A roof-like cover, temporary in nature, which projects from the wall of a building or overhangs the public way.

   BARS and TAVERNS. A business establishment where beer, wine, or other alcoholic beverages are sold to customers and consumed on the premises and where food or meals sold in conjunction with the business constitutes 50% or less of the gross receipts of the establishment.

   BASEMENT. A story partly or wholly underground. Where more than one-half of its height is above the established curb level or above the average level of the adjoining ground where curb level has not been established, a BASEMENT shall be counted as a story for purposes of height measurement.

   BLOCK. A tract of land bounded by streets or, in lieu of a street or streets, by public parks, cemeteries, railroad rights-of-way, bulkhead lines, or shore lines of waterways or a corporate boundary line of the village.

   BOARDING HOUSE. A building other than a hotel or restaurant where meals are provided for compensation to four or more persons, but not more than 12 who are not members of the keeper’s family.

   BUILDING. Any structure with substantial walls and roof securely affixed to the land and entirely separated on all sides from any other structure by space or by walls in which there are no communicating doors, windows, or openings.

   BUILDING COVERAGE. The portion of a lot covered by a structure or structures, including accessory structures.

   BUILDING HEIGHT. The vertical distance from grade plane to the highest point of the building.

   BUILDING SETBACK LINE. The required minimum horizontal distance between the closest point of an exterior wall of a building or any projection thereon and the applicable property line or right-of-way line, in which no structure can be placed or erected, unless otherwise provided for in this chapter.

   BUILDING, PRINCIPAL. The structure in which the principal use of the lot is located.

   BUFFER AREA. An area of land established to protect one type of land use from another incompatible, or potentially incompatible, land use. The AREA is landscaped or left in a natural state and in either event is kept in open space use without buildings or structures.

   BUS LOT. Any lot or land area used for the storage or layover of passenger buses or motor coaches.

   CARPORT. See GARAGE, PRIVATE.

   CLUB or LODGE. A building, along with accessory structures and facilities, primarily intended to accommodate an association of persons and in which the buildings, structures, and facilities are limited and restricted to members and their guests.

   COMMERCIAL USE. An occupation, employment, or enterprise that is carried on for profit by the owner, lessee, or licensee, but not including home occupations and day care homes that comply with the provisions of this chapter.

   COMMUNITY RESIDENCE. A specialized, not-for-profit, residential care home serving as a dwelling for unrelated persons with disabilities and wherein such group of unrelated persons does not fall within the definition of “Family”. A COMMUNITY RESIDENCE does not include a residence which serves persons as an alternative to incarceration for a criminal offense or a treatment center for alcohol or substance abuse.

   COMMUNITY RESIDENCE, LARGE. A dwelling unit where more than eight unrelated disabled persons reside, plus additional persons serving as house parents or guardians who need not be related to each other or to any of the disabled persons residing in the dwelling.

   COMMUNITY RESIDENCE, SMALL. A dwelling unit where eight or fewer unrelated disabled persons reside, plus not more than two additional persons serving as house parents or guardians who need not be related to each other or to any of the disabled persons residing in the dwelling.

   CORNER LOT. See LOT, CORNER.

   CURB LEVEL. The level of the established curb in front of the building measured at the center of such front. Where a building faces on more than one street, the CURB LEVEL shall be the average of the levels of the curbs at the center of the front of each street. Where no curb elevation has been established, the mean level of the land immediately adjacent to the building shall be considered the CURB LEVEL.

   DAY CARE HOME. A one-family dwelling unit in which family-like care is provided for persons, away from their own homes, for compensation or otherwise, for part of a 24-hour day, and where such day care operation is licensed by the State Department of Child and Family Services.

   DEVELOPMENT. A structures and other modifications of the natural landscape, above and below ground, on a particular site, including, but not limited to, grading, removal of trees, paving, installation of utilities, or the erection of structures.

   DEVELOPMENT, PLANNED. Land under unified control to be planned and developed in a single development operation or a programmed series of development operations or phases. A PLANNED DEVELOPMENT includes principal and accessory structures and uses strongly related to the character and purposes of the planned development. A PLANNED DEVELOPMENT is built according to general and detailed plans for streets, utilities, lot and building location, landscaping, and the like. A PLANNED DEVELOPMENT containing multiple lots and common areas includes provisions for the operation and maintenance of common areas, facilities, streets, utilities, and improvements that are for use by the occupants of such PLANNED DEVELOPMENT, but which will not be provided, operated, or maintained at public expense.

   DWELLING. A building or portion thereof, used exclusively for residential purposes, except for hotels, motels, house trailers, motor homes, modular homes, and manufactured homes.

   DWELLING UNIT. One or more rooms in a residential structure or apartment-hotel designed for occupancy by one family plus not more than four lodgers, for living and sleeping purposes.

   DWELLING, GROUP. Two or more one-family, two-family, or multiple-family dwellings or boarding or lodging houses, located on one zoning lot, but not including tourist courts or motels.

   DWELLING, MANUFACTURED HOME. A structure transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or when erected on site, is 900 or more square feet in gross floor area, and which is built on a permanent chassis and designed to be used as a dwelling with a permanent foundation when connected to the required utilities, and includes the necessary electrical, plumbing, heating, ventilating, and other services systems. MANUFACTURED HOMES must comply with the national manufactured home construction and safety standards which are administered by the Federal Department of Housing and Urban Development (HUD) and must bear the required red label on the exterior of the home which indicates compliance with such federal standards.

   DWELLING, MOBILE HOME. A structure transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or when erected on site, is 320 or more square feet in gross floor area, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the necessary electrical, plumbing, heating, ventilating, and other services systems. MOBILE HOMES must comply with the national manufactured home construction and safety standards which are administered by the Federal Department of Housing and Urban Development (HUD) and must bear the required label on the exterior of the home which indicates compliance with such federal standards. A recreational vehicle is not considered to be a MOBILE HOME.

   DWELLING, MODULAR. A building assembly or system of building sub-assemblies, including the necessary service systems, which is of closed or open construction and which is made or assembled by a State Department of Public Health approved manufacturer, on or off the building site for installation, or assembly and installation on the building site, with a permanent foundation. The approved unit will have a yellow seal on the electrical panel box of the home or on the inside of the kitchen sink cabinet.

   DWELLING, MULTIPLE-FAMILY. A building or portion thereof, designed or altered for occupancy by three or more families living independently of each other.

   DWELLING, MULTIPLE-FAMILY APARTMENT. A room or suite of rooms in a multiple-family dwelling unit, which is arranged, designed, used, or intended to be used as a single housekeeping unit. Complete kitchen facilities, permanently installed, must always be included for each apartment.

   DWELLING, ONE-FAMILY. A building designed exclusively for use and occupancy by one family and entirely separated from any other dwelling by space.

   DWELLING, ROW (PARTY-WALL). A row of two to eight attached, one-family, party-wall dwellings, not more than two and one-half stories in height, nor more than two rooms in depth measured from the building line.

   DWELLING, TWO-FAMILY. A building designed or altered to provide dwelling units for occupancy by two families.

   FAMILY. One or more persons related by blood, marriage, or adoption, or a group of not more than five persons (excluding servants) who need not be related by blood, marriage, or adoption, living together and maintaining a common household, but not including sororities, fraternities, or other similar organizations.

   FUEL BULK STATION. A place where crude petroleum, gasoline, naphtha, benzine, benzol, kerosene, or other flammable liquid which has a flash point at or below 200°F is stored for wholesale purposes, where the aggregate capacity of all storage tanks is more than 6,000 gallons, regardless of whether the fuel is stored above ground, underground, or in mobile tank cars or bucks.

   GARAGE, BUS. Any building used or intended to be used for the storage of three or more passenger motor buses, or motor coaches used in public transportation, including school buses.

   GARAGE, BUS or TRUCK. A building which is used or intended to be used for the storage of motor trucks, truck trailers, tractors, and commercial vehicles exceeding one and one-half ton capacity.

   GARAGE, PRIVATE. A detached accessory building or portion of the principal building designed, arranged, used, or intended to be used for the storage of automobiles of the occupants of the premises.

   GARAGE, PUBLIC. A building other than a private garage, used for the care, incidental servicing, and sale of automobile supplies, or where motor vehicles are parked or stored for remuneration, hire, or sale within the structure, but not including trucks, tractors, truck trailers, and commercial vehicles exceeding one and one-half ton capacity.

   GUEST HOUSE. Living quarters within a detached accessory building located on the same premises with the principal building, for the use by temporary guests of the occupants of the premises. Such quarters shall have no kitchen facilities nor be rented or otherwise used as a separate dwelling.

   HOME OCCUPATION. A gainful occupation or profession customarily carried on by an occupant of a dwelling unit as a use which is clearly incidental to the use of the dwelling unit for residential purposes. The HOME OCCUPATION shall be carried on wholly within the principal building or within a building accessory thereto, and only by members of the family occupying the premises and one person outside the family. No article shall be sold or offered for sale on the premises and no mechanical or electrical equipment shall be installed or maintained other than such as is customarily incidental to domestic use. There shall be no exterior display, no exterior sign except as allowed by the sign regulations for the district in which such HOME OCCUPATION is located, no exterior storage of material, no other exterior indication of the HOME OCCUPATION or variation from the residential character of the principal building, and no offensive odors, noise, vibration, smoke, dust, heat, or glare shall be produced. Offices, clinics, doctors’ offices, hospitals, barber shops, tearooms, restaurants, beauty parlors, dress shops, millinery shops, tourist homes, animal hospitals, and kennels, among others, shall not be deemed to be HOME OCCUPATIONS.

   HOSPITAL or SANITARIUM. An institution open to the public in which patients or injured persons are given medical or surgical care; or for the care of contagious diseases or incurable patients.

   HOTEL APARTMENT. A building containing dwelling units or individual guest rooms, the majority of which are for permanent guests. Maid and janitor service may be provided but kitchen facilities are not necessarily included.

   HOTEL or MOTEL. A building in which more than five rooms or suites are reserved to provide living and sleeping accommodations for temporary guests, with no provisions in said rooms for cooking in any individual room or suite (other than microwave oven).

   HOUSEHOLDER. The occupant of a dwelling unit who is either the owner or lessee thereof.

   JUNKYARD. The use of more than 200 square feet of any lot where waste, scrap metal, paper, rags, or similar materials are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including auto and building wrecking yards, but excluding similar uses taking place entirely within a completely enclosed building.

   KENNEL. Any lot or premises or portion thereof on which more than four dogs, cats, or other household domestic animals, over four months of age, are kept or on which more than two such animals are boarded for compensation or kept for sale.

   LINE OF BUILDING (FOR MEASURING YARDS). A line parallel to the nearest lot line drawn through the point of a building or group of buildings nearest to such lot line, exclusive of such features specified as being permitted to extend into a yard.

   LOADING AND UNLOADING SPACE, OFF-STREET. An open, hard-surfaced area of sand other than a street or a public way, the principal use of which is for the standing, loading, and unloading of motor trucks, tractors, and trailers to avoid undue interference with the public use of streets and alleys. Such space shall be not less than ten feet in width, 45 feet in length, and 14 feet in height, exclusive of access aisles and maneuvering space.

   LODGING OR ROOMING HOUSE. A building with not more than five guest rooms where lodging is provided for compensation pursuant to previous arrangement, but not open to the public or to overnight guests.

   LOT. The word LOT when used alone shall mean a ZONING LOT unless the context of this chapter clearly indicates otherwise.

   LOT COVERAGE. The area of a zoning lot occupied by the principal building or buildings and accessory buildings.

   LOT DEPTH. The horizontal distance between the front and rear lot lines measured in the mean direction of the side lot lines.

   LOT FRONTAGE. The front of a lot shall be that boundary of a lot along a public street; for a corner lot, the owner may elect either street line as the front lot line, except that in business districts if a lot is a corner lot, the front of the lot shall be the boundaries of the lot along both public streets.

   LOT WIDTH. The horizontal distance between the side lot lines measured at right angles to the lot depth at the established front building line.

   LOT LINE, FRONT. The front property line of a zoning lot.

   LOT LINE, INTERIOR. A side lot line common with another lot.

   LOT LINE, REAR. The lot line or lot lines most nearly parallel to and most remote from the front lot line. Lot lines other than front or rear lot lines are SIDE LOT LINES.

   LOT, CORNER. A parcel of land situated at the intersection of two or more streets or adjoining a curved street at the end of a block.

   LOT, INTERIOR. A lot other than a corner lot or reversed corner lot.

   LOT, REVERSED CORNER. A corner lot, the rear of which abuts upon the side of another lot, whether across an alley or not.

   LOT, THROUGH. A lot having frontage on two parallel or approximately parallel streets, and which is not a corner lot.

   LOT, ZONING. A parcel of land consisting of a single lot of record, part of a lot of record, or a combination of two or more contiguous lots of record which has been or which is proposed to be used, developed or built upon as a unit under single ownership or control.

   MARQUEE or CANOPY. A roof-like structure of a permanent nature which projects from the wall of a building and may overhang the public way.

   MOTOR FREIGHT TERMINAL, PRIVATE. A building in which freight, brought to said building by motor truck, is assembled and sorted for routing in intrastate and interstate shipment by motor truck.

   NONCONFORMING USE. Any building, structure, or land lawfully occupied by a use or lawfully established at the time of the adoption of this chapter or amendments thereto, which does not conform after the passage of this chapter or amendments hereto with the use regulations of this chapter.

   NURSING HOME or REST HOME. A private home for the care of children or the aged or infirm, or a place of rest for those suffering bodily disorders, but not including facilities for the treatment of sickness or injuries or for surgical care.

   NURSERY. An institution providing care for three or more children, from under the age of four years to six years, for periods of more than four hours but not exceeding 24 hours.

   NURSERY SCHOOL. An institution providing day care service for children from four to six years of age.

   ORDINANCE. Reference to ordinance herein shall be construed as the zoning ordinance and may be referred to herein as THIS CHAPTER or CHAPTER.

   PARCEL DELIVERY STATION. A building in which commodities, sold at retail within the area and packaged by the retailer, are assembled and routed for delivery to retail customers located within the area.

   PARKING AREA, PRIVATE. An open, hard-surfaced area of land, other than a street or public way, designed, arranged, and made available for the storage of private passenger automobiles only, of occupants of the building or buildings for which the parking area is developed and is accessory.

   PARKING AREA, PUBLIC. An open, hard-surfaced area, other than a street or public way, intended to be used for the storage of passenger automobiles and commercial vehicles under one and one-half ton capacity, and available to the public, whether for compensation, free, or as an accommodation to clients or customers.

   PARKING SPACE, AUTOMOBILE. Space within a public or private parking area of not less than 162 square feet (eight and one-half feet by 19 feet), exclusive of access drives or aisles, ramps, columns, or office and work areas, for the storage of one passenger automobile or commercial vehicle under one and one-half ton capacity.

   PLANS COMMISSION. A body appointed by the Village Board to review issues relating to development and construction within the village.

   PORCH. A roofed-over structure, projecting out from the wall or walls of a main structure and commonly opens to the weather in part.

   PUBLIC UTILITY. Any person, firm, corporation, or municipal department duly authorized to furnish under public regulation to the public, electricity, gas, steam, telephone, telegraph, transportation, or water.

   RAILROAD RIGHT-OF-WAY. A strip of land with tracks and auxiliary facilities for track operation, but not including depots, loading platforms, stations, train sheds, warehouses, car shops, car yards, locomotive shops, or water towers.

   SETBACK LINE, BUILDING. See BUILDING SETBACK LINE.

   SIGN. A name, identification, description, display, or illustration which is affixed to, or painted or represented directly or indirectly upon, a building, structure, or piece of land, and which directs attention to an object, product, place, activity, person, institution, organization, or business.

   SIGN, ADVERTISING. A sign which directs attention to a business, commodity, service, or entertainment conducted, sold, or offered elsewhere than upon the premises where such sign is located, or to which it is affixed.

   SIGN, BUSINESS. A sign which directs attention to a business or profession conducted or to a commodity, service, or entertainment sold or offered upon the premises where such sign is located, or to which it is affixed.

   SIGN, FLASHING. Any illuminated sign on which the artificial light is not maintained stationary and/or constant in intensity and color at all times when such sign is in use. For the purpose of this chapter, any revolving, illuminated sign shall be considered a FLASHING SIGN.

   SIGN, GROSS SURFACE AREA OF. The entire area within a single continuous perimeter enclosing the extreme limits of such sign and in no case, passing through or between any adjacent elements of same. However, such perimeter shall not include any structural or framing elements lying outside the limits of such sign and not forming an integral part of the display.

   SPECIAL USE. Any use of land or buildings, or both, described and permitted herein, subject to the provisions of §§ 154.125 through 154.128.

   STORY. The portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it. Any portion of a story exceeding 14 feet in height shall be considered as an additional story for each 14 feet or fraction thereof.

   STORY, HALF. The portion of a building under a gable, hip, or mansard roof, the wall plates of which, on at least two opposite exterior walls, are not more than four and one-half feet above the finished floor of such story. In the case of one-family dwellings, two-family dwellings, and multiple-family dwellings less than three stories in height, a HALF STORY in a sloping roof shall not be counted as a story for the purpose of this chapter. In the case of multiple-family dwellings three or more stories in height, a HALF STORY shall be counted as a story.

   STREET. A public way other than an alley.

   STREET LINE. A line separating an abutting lot, piece, or parcel from a street.

   STRUCTURAL ALTERATION. Any change, other than incidental repairs, which would prolong the life of the supporting members of a building such as, but not limited to, the addition, removal, or alteration of bearing walls, columns, beams, girders, or foundation.

   STRUCTURE. Anything constructed or erected which requires location on the ground or is attached to something having location on the ground.

   SWIMMING POOL. Any container designed for the purpose of holding water and for the purpose of human bathing or swimming, whether above ground, on ground level or below ground, that is eight feet in diameter and two feet in depth or greater, or that can hold a total of 782 gallons.

   TERRACE, OPEN. A level and rather narrow plane or platform, which for the purpose of this chapter is located adjacent to one or more faces of the principal structure and which is constructed not more than four feet in height above the average level of the adjoining ground.

   TOURIST COURTS, MOTOR LODGES, MOTELS. A group of attached or detached buildings containing individual sleeping or living units, designed for or used temporarily by automobile tourists or transients, with garage attached or parking space conveniently located to each unit, including auto courts, motels, motor lodges, or other similar type uses.

   TRUCK LAUNDRY. A building, or portion thereof, where vehicles over one and one-half tons are washed for the public.

   TRUCK PARKING AREA OR YARD. Any land used or intended to be used for the storage or parking of trucks, tractors, truck trailers, and including commercial vehicles, while not loading or unloading, and which exceed one and one-half tons in capacity.

   USE. The purpose for which land or a building thereon is designed, arranged, or intended, or for which it is occupied or maintained, let, or leased.

   USED CAR LOT. A zoning lot on which used or new cars, trailers, or trucks are displayed for sale or trade.

   VEHICLE LAUNDRY. A building, or portion thereof, where vehicles under one and one-half tons are washed for the public.

   WAREHOUSE, SELF SERVICE STORAGE. A building or group of buildings with controlled access that contains individual, compartmentalized, and controlled access stalls or lockers for the storage of customer’s goods or wares.

   YARD. An open space on the same zoning lot with a principal building or group of buildings, which is unoccupied and unobstructed from its lowest level upward, except as otherwise permitted in this chapter, and which extends along a lot line and at right angles thereto to a depth or width specified in the yard regulations for the district in which the zoning lot is located.

   YARD, FRONT. A yard extending across the full width of the zoning lot and lying between the front line of the lot and the nearest line of a building.

   YARD, REAR. A yard extending across the full width of the zoning lot and lying between the rear line of the lot and the nearest line of the principal building.

   YARD, SIDE. The part of the yard lying between the nearest line of the principal building and a side lot line, and extending from the required front yard (or from the front lot line, if there is no required front yard), to the required rear yard.

   ZONING BOARD OF APPEALS. See PLANS COMMISSION.

   ZONING LOT. A plot of ground, made up of one or more parcels which is or may be occupied by a use, building, or buildings, including the open spaces required by this chapter.

   ZONING MAPS. The map or maps incorporated into this chapter as a part hereof, designating zoning districts.

(Ord. 834, passed 2-1-2001)

Other ordinances and codes of the village governing buildings, land development, property maintenance, and building occupancy include, but are not necessarily limited to, the following:

   (A)   Building Code (if applicable);

   (B)   Fire Protection Code (if applicable);

   (C)   Development in Floodplain Areas (if applicable);

   (D)   Property Maintenance Code (if applicable); and

   (E)   Subdivisions (Ordinance No. 889).

(Ord. 834, passed 2-1-2001)

The village is hereby divided into the following zoning districts:

   (A)   The boundaries of the zoning and overlay districts are shown upon the map made a part of this chapter, and are designated as the “Official Zoning Map”. The Zoning Map and all the notations, references, and other information shown thereon are a part of this chapter, and have the same force and effect as if the Official Zoning Map and all the notations, references, and other information shown thereon were all fully set forth or described herein, which Zoning Map is attached hereto and made a part of this chapter by reference.

   (B)   The FP Overlay District boundaries shall be based on the flood boundary and floodway maps of the village prepared by the Federal Emergency Management Agency and dated August 4, 1987, and any official amendments thereto. The FP Overlay District within the extraterritorial jurisdiction of the village shall be based on the flood boundary and floodway maps of the county prepared by FEMA and dated January 17, 1986, and any official amendments thereto. Said maps shall constitute the Official Zoning Map with respect to FP Overlay District and be filed as a record in the office of the Village Clerk. Copies of said maps are also available at the Department of Inspections.

   (C)   If during any calendar year there are amendments to the Zoning Map, said map shall be updated, published and made available for public inspection or purchase not later than March 31 of the year following. The updated Zoning Map shall reflect zoning classifications and district boundaries in effect on December 31 of the previous year and may reflect any changes made between December 31 and the date of publication.

(Ord. 834, passed 2-1-2001)

   (A)   Zoning of streets, alleys, public ways, and railroad rights-of-way. All streets, alleys, public ways, and railroad rights-of way, if not otherwise specifically designated, shall be deemed to be in the same zoning district as the property abutting such streets, alleys, public ways, or railroad rights-of way. Where the centerline of a street, alley, public way, or railroad right-of-way serves as a district boundary, the zoning of such areas, unless otherwise specifically designated, shall be deemed to be the same as that of the abutting property up to such centerline.

   (B)   District boundaries. Wherever any uncertainty exists as to the boundary of any zoning district shown on the Official Zoning Map, the following rules of interpretation shall apply.

      (1)   Where district boundary lines are indicated as following streets, alleys, or similar rights-of-way, they shall be construed as following the centerlines thereof.

      (2)   Where district boundary lines are indicated as approximately following lot lines, such lot lines shall be construed to be such boundaries.

      (3)   Where a lot of record is divided by a district boundary line, the entire lot shall be construed to be within the district containing more than one-half of the area of the lot.

(Ord. 834, passed 2-1-2001)

   (A)   All territory which may hereafter be annexed to the village shall be considered as being that zoning specified in the Comprehensive Zoning Map, or in the R-1 One-Family Dwelling District, and as appropriate, in the FP Floodplain Overlay District, until otherwise changed by ordinance.

   (B)   Nothing shall preclude the Village Board, upon a recommendation from the Plans Commission, from adopting a simultaneous ordinance that has either been initiated by the Village Board or by an applicant that rezones the annexed territory to an appropriate zoning district other than the R-1 District (see §§ 154.190 through 154.193).

(Ord. 834, passed 2-1-2001)

For the purpose of this chapter, certain rules of construction apply to the text, as follows:

   (A)   Words used in the present tense include the future tense; the singular includes the plural; and plural indicates singular, unless the context clearly indicates the contrary;

   (B)   The terms “shall” and “must” are mandatory and not discretionary; the words “may” or “should” are permissive;

   (C)   The words and phrases expressly defined herein shall be given the defined meaning, unless indicated otherwise by the context;

   (D)   Words and phrases which are not defined herein shall be given their usual meaning except where the context clearly indicates a different or specified meaning; and

   (E)   The words “use” or “occupy” shall include the words “intended”, “designed”, or “arranged” to be “used” or “occupied”.

(Ord. 834, passed 2-1-2001)

   (A)   (1)   Unless otherwise specifically provided, the time within which an action is to be taken shall be computed by excluding the first and including the last day.

      (2)   If the last day is a Saturday, Sunday, or legal holiday, that day shall be excluded. When the period of time prescribed is less than seven days, intermediate Saturdays, Sundays, and holidays shall be excluded.

   (B)   The time period legally required by law for public notices shall include all calendar days, unless specified otherwise by law.

   (C)   Unless otherwise specifically provided, whenever a person has the right or is required to do some act within a prescribed period after the service of a notice or other paper upon such person and the notice or paper is served by mail, three days shall be added to the prescribed period.

(Ord. 834, passed 2-1-2001)

   (A)   A notice of every public hearing required to be held under this chapter shall be given as follows:

      (1)   The notice of a public hearing shall be published, at least once, in one or more newspapers published in the village, or, if no newspaper is published therein, then in one or more newspapers with general circulation within the village which is published within the county;

      (2)   Publication shall commence not more than 30 days nor less than 15 days before the hearing date; and

      (3)   The notice shall provide the time and place of the hearing and include the following information:

         (a)   A street address of the subject property or other description of the location of such property;

         (b)   The name of the applicant or appellant; and

         (c)   A description of the specific action being requested by the applicant or appellant.

   (B)   It shall be the responsibility of the office of Village Clerk to prepare and submit for publication said notices, pending pre-approval from the Enforcement Officer.

(Ord. 834, passed 2-1-2001)

   (A)   District regulations, generally. The following sections provide specific regulations regarding the use and development of property within the zoning districts established in § 154.006. These district regulations are supplemented by additional regulations appearing elsewhere in this chapter.

   (B)   Dimensional regulations, generally.

      (1)   Dimensional standards. The dimensional standards contained in these district regulations constitute the minimum dimensions (such as, building setbacks), or limits (such as, building height or site coverage). This does not preclude compliance with other regulations (such as, off-street parking requirements) that may result in lot sizes greater than the minimum standard.

      (2)   Exceptions to dimensional standards. Certain exceptions to the dimensional standards may apply. See the following sections in §§ 154.050 through 154.062, for permitted exceptions:

         (a)   Section 154.053;

         (b)   Section 154.054; and

         (c)   Section 154.055.

      (3)   Lot area and width exceptions for public utility facilities. Lot area and width for public utility facilities may be less than the minimum requirements of the particular zoning district, provided that such lots shall not be used for any other use.

(Ord. 834, passed 2-1-2001)

   (A)   The provisions of these district regulations shall not be exercised so as to impose regulations or require permits with respect to land used or to be used for agricultural purposes, or with respect to the erection, maintenance, repair, alteration, remodeling, or extension of buildings or structures used or to be used for agricultural purposes including farm dwellings for resident owners and laborers actually engaged in the principal permitted agricultural use, except that such building or structures used for agricultural purposes may be required to conform to building or setback lines. In the event that land within any zoning district, other than the A-1 Agricultural District, ceases to be used solely for agricultural purposes, then only shall the provisions of these regulations apply.

   (B)   The above exemption does not apply to the extraction of sand, gravel, or limestone, even when those activities are related to an agricultural purpose.

   (C)   The above exemption shall not be construed so as to permit the keeping of equine, poultry, or livestock, including bovine, lamb, sheep, porcine, and other livestock, or the raising of cash crops, commercial greenhouses, or similar operations on lots whose principal use is or is intended to be for one or more dwellings and where such lots are less than five acres in area; nor does it apply to the establishment of new agricultural uses in any zoning district other than the A-1 Agricultural District.

(Ord. 834, passed 2-1-2001)

   (A)   Intent and purpose. The purpose of the A-1 District is to maintain an environment where agricultural activities may be conducted and to limit or restrict those uses which would be in conflict or negatively impacted by such activities.

   (B)   Permitted uses. The following uses are permitted in the A-1 District. In addition to the uses permitted in this district, certain other uses may be conditionally allowed per division (C) below. Other uses not listed, which are determined by the Enforcement Officer to be identical or similar to one or more of the permitted uses, may be permitted as well. When an unlisted use is proposed and appears to meet the intent of this district, but its potential impact is uncertain, then such use shall be considered a special use:

      (1)   Accessory uses (see § 154.056);

      (2)   Agricultural uses including crop and tree farming, gardening, nursery operations, dairy farming, egg production, stock raising, domestic animals and poultry breeding and raising (not including raising of fur bearing animals or animal hospitals), and forestry operations together with the operation of vehicles and machinery incidental to agricultural uses;

      (3)   Clinic, veterinary (large or small animals);

      (4)   Communication towers, less than 100 feet in height;

      (5)   Community residences, small, where the community residence is more than 1,000 feet from any existing community residence;

      (6)   Dwellings, detached one-family;

      (7)   Dwellings, modular;

      (8)   Golf courses (not including miniature golf courses), including ancillary uses such as club houses, restaurants, and practice driving ranges, provided that lighting of such ancillary driving ranges shall be subject to issuance of special use permit (see §§ 154.125 through 154.128);

      (9)   Home occupations (see § 154.059);

      (10)   Parks, forest preserves, and recreational areas that are public or private not-for-profit, including fairgrounds;

      (11)   Places of worship;

      (12)   Public utility facilities as defined in the state act, entitled “An Act Concerning Public Utilities”;

      (13)   Roadside stands, temporary or movable, for display and sale of agricultural produce grown on the property, provided that any temporary or movable structure shall be set back at least 24 feet from the edge of the roadway and outside the roadway right-of-way; and

      (14)   Stables, private.

   (C)   Special uses. The following uses may be permitted in the A-1 District, subject to the issuance of a special use permit in accordance with §§ 154.125 through 154.128:

      (1)   Agricultural implement and machinery sales and service;

      (2)   Agricultural produce sale facilities (wholesale or retail) including, but not necessarily limited to, fruits, vegetables, flowers, plants, and similar produce;

      (3)   Airport, commercial;

      (4)   Airport, restricted landing area;

      (5)   Bed and breakfast inn;

      (6)   Blacksmith or welding shop;

      (7)   Cemeteries, including crematories and mausoleums in conjunction therewith, provided that crematories shall not be located closer than 500 feet to the lot line of any existing dwelling or the boundary of any dwelling district;

      (8)   Club or lodge, private social, political or fraternal;

      (9)   Commercial feeding of poultry or livestock, including bovine, lamb, sheep, porcine, and other livestock being raised for sale, provided that no feeding facilities shall be located closer than 500 feet to the lot line of any existing dwelling or the boundary of any dwelling district;

      (10)   Commercial grain elevators and storage facilities, provided that no elevator and storage facilities shall be located closer than 500 feet to the lot line of any existing dwelling or the boundary of any dwelling district;

      (11)   Communication towers, greater than 100 feet in height;

      (12)   Community residences, large;

      (13)   Community residences, small, where the community residence is 1,000 feet or less from any existing community residence;

      (14)   Dwellings, manufactured home;

      (15)   Earth materials, extraction and processing, provided that:

         (a)   No open pit or shaft shall be less than 300 feet from any public road, nor less than 500 feet from the lot line of any existing dwelling or the boundary of any dwelling district;

         (b)   All buildings or structures for the screening, crushing, washing, mixing, or storage shall not be located not less than 1,000 feet from the lot line of the boundary of any dwelling district;

         (c)   The borders of the entire property shall be fenced with a security fence at least six feet in height;

         (d)   A plan of development for the reclamation of the land is provided as part of the application for a special use permit; and

         (e)   The plan of development shall be accompanied by a written agreement between the owner or owner’s agent and the village and a performance bond in an amount equal to the cost of the reclamation of the land as set forth in the development plan and approved by the village.

      (16)   Fertilizer sales, including bulk storage and mixing, provided that no bulk storage or mixing facility shall be located closer than 500 feet to the lot line of any existing dwelling or the boundary of any dwelling district;

      (17)   Flour, feed, and grain milling and storage facilities, provided that no storage or processing facility shall be located closer than 500 feet to the lot line of any existing dwelling or the boundary of any dwelling district;

      (18)   Fur-bearing animal farms;

      (19)   Greenhouses, nurseries, and landscaping supply operations, wholesale or retail;

      (20)   Heliports;

      (21)   Kennels;

      (22)   Landscape waste composting operations, provided that no composting operations shall be located closer than 2,000 feet to the lot line of the boundary of any dwelling district;

      (23)   Livestock depots and sales yards, provided that no depot or sales yard shall be located closer than 2,000 feet to the lot line of any existing dwelling or the boundary of any dwelling district;

      (24)   Milk depots;

      (25)   Penal and correctional facilities;

      (26)   Private, for-profit, recreational areas and camps;

      (27)   Publically-owned or publically regulated buildings and facilities, such as, water filtration plants, electric substations, pumping stations, sewage treatment plants, maintenance facilities, public safety training areas, and similar uses, but not including auditoriums, community centers, gymnasiums, or other places of public assembly;

      (28)   Railroad rights-of-way and trackage, but not including classification yards, terminal facilities, maintenance facilities, or similar facilities;

      (29)   Recycling plants, provided that no resource recovery operations shall be located closer than 500 feet to the lot line of any existing dwelling or the boundary of any dwelling district;

      (30)   Sanitary landfills, subject also to state approval and provided that no such landfill shall be located closer than 2,000 feet to the boundary of any dwelling district;

      (31)   Shooting ranges, outdoor, provided that no portion of an outdoor shooting range shall be located closer than 2,000 feet to any habitable or occupiable building or nonagricultural district other than that of the dwelling of an on-site owner or operator of the shooting range;

      (32)   Stables, professional and public;

      (33)   Truck parking areas, the principal purpose of which is ancillary to the loading and shipping of farm produce, livestock, poultry, fertilizer, animal feed, and similar agriculturally related products and provided that no such parking area shall be located closer than 500 feet to the lot line of any existing dwelling or the boundary of any dwelling district; and

      (34)   One chair beauty or barber shop.

   (D)   Density and dimensional regulations.

      (1)   Minimum lot size.

         (a)   One-family detached and manufactured homes.

            1.   Lot area: five acres; and

            2.   Lot width: 200 feet.

         (b)   Other permitted uses.

            1.   Lot area: five acres; and

            2.   Lot width: 200 feet.

         (c)   Special uses.

            1.   Lot area: five acres; and

            2.   Lot width: 200 feet.

      (2)   Minimum building setbacks.

         (a)   One-family detached and manufactured home.

            1.   Right-of-way setback: 50 feet; and

            2.   Property line setback: 25 feet.

         (b)   Other permitted and special uses. The minimum setback requirements for all other principal buildings and structures shall be the same as listed in division (D)(2)(a) above, except as otherwise specified in the listing of permitted and special uses (see divisions (B) and (C) above).

      (3)   Building height limitations. The building height limitations are 35 feet or three stories.

(Ord. 834, passed 2-1-2001)

   (A)   Intent and purpose. The purpose of the RA District is to protect and preserve areas of low density, estate type, and residential development and to allow for the construction of new one-family detached dwellings within large lot (one acre or more) subdivisions.

   (B)   Permitted uses. The following uses are permitted in the RA District. In addition to the uses permitted in this district, certain other uses may be conditionally allowed per division (C) below. Other uses not listed, which are determined by the Enforcement Officer to be identical or similar to one or more of the permitted uses, may be permitted as well. When an unlisted use is proposed and appears to meet the intent of this district, but its potential impact is uncertain, then such use shall be considered a special use:

      (1)   Accessory uses (see § 154.056);

      (2)   Community residences, small, where the community residence is more than 1,000 feet from any existing community residence;

      (3)   Dwellings, detached one-family;

      (4)   Home occupations (see § 154.059);

      (5)   Places of worship;

      (6)   Schools, public; and

      (7)   Convents, monasteries and rectories, in connection with a place of worship and located on the same or adjacent lot.

   (C)   Special uses. The following uses may be permitted in the RA District, subject to the issuance of a special use permit in accordance with §§ 154.125 through 154.128:

      (1)   Community residences, large;

      (2)   Community residences, small, where the community residence is 1,000 feet or less from any existing community residence;

      (3)   Day care centers as an accessory use to places of worship, schools, or other not-for-profit facilities;

      (4)   Day care centers established as a principal use of buildings and land, prior to the effective date of this chapter, where said buildings and land were developed and clearly intended for non-dwelling use;

      (5)   Dwellings, manufactured and modular homes;

      (6)   Golf courses, except miniature courses and practice driving ranges operated as a commercial use;

      (7)   Greenhouses, nurseries, and landscaping supply operations, wholesale or retail, provided that such facilities are located on a lot of not less than five acres and that any structures or loading areas are located no closer than 100 feet to the lot line of any existing dwelling or the boundary line of any other dwelling district;

      (8)   Parks and playgrounds, public or not-for-profit;

      (9)   Public utility facilities, excluding communication towers;

      (10)   Recreation facilities, common;

      (11)   Schools, private; except trade, technical, or business schools, college, and university facilities; and

      (12)   One chair beauty or barber shop.

   (D)   Density and dimensional regulations.

      (1)   Minimum lot size.

         (a)   Lot area: one acre; and

         (b)   Lot width: 125 feet.

      (2)   Minimum building setbacks.

         (a)   All uses.

            1.   Front yard setback: 40 feet;

            2.   Side yard setback: 15 feet; and

            3.   Rear yard setback: 75 feet.

         (b)   Other instances. All other instances where a side yard of a non-dwelling use abuts a property that is within a dwelling district, then the minimum side yard setback shall be 25 feet.

      (3)   Building height limitations. The building height limitations are 35 feet or three stories.

      (4)   Maximum building coverage. Minimum building coverage is 20%.

(Ord. 834, passed 2-1-2001)

   (A)   Intent and purpose. The purpose of the R-1 District is to protect and preserve areas of low density residential development and to allow for the construction of new one-family detached dwellings within low density subdivisions having lot sizes of not less than 8,500 square feet.

   (B)   Permitted uses. The following uses are permitted in the R-1 District. In addition to the uses permitted in this district, certain other uses may be conditionally allowed per division (C) below. Other uses not listed, which are determined by the Enforcement Officer to be identical or similar to one or more of the permitted uses, may be permitted as well. When an unlisted use is proposed and appears to meet the intent of this district, but its potential impact is uncertain, then such use shall be considered a special use:

      (1)   Accessory uses (see § 154.056);

      (2)   Community residences, small, where the community residence is more than 1,000 feet from any existing community residence;

      (3)   Dwellings, detached one-family;

      (4)   Dwellings, modular;

      (5)   Home occupations (see § 154.059);

      (6)   Places of worship; and

      (7)   Schools, public.

   (C)   Special uses. The following uses may be permitted in the R-1 District, subject to the issuance of a special use permit in accordance with §§ 154.125 through 154.128:

      (1)   Community residences, large;

      (2)   Community residences, small, where the community residence is 1,000 feet or less from any existing community residence;

      (3)   Convents, monasteries, and rectories, in connection with a place of worship and located on the same or adjacent lot;

      (4)   Day care homes, nurseries, or nursery schools as an accessory use;

      (5)   Day care centers established as a principal use of buildings and land, prior to the effective date of this chapter, where said buildings and land were developed and clearly intended for non-dwelling use;

      (6)   Dwellings, two-family;

      (7)   Golf courses, except miniature courses and practice driving ranges operated as a commercial use;

      (8)   Parks and playgrounds, public or not-for-profit;

      (9)   Public utility facilities, excluding communication towers;

      (10)   Recreation facilities, common;

      (11)   Schools, private; except trade, technical or business schools, college, and university facilities; and

      (12)   One chair beauty or barber shop.

   (D)   Density and dimensional regulations.

      (1)   Minimum lot size.

         (a)   Lot area: 8,500 square feet; and

         (b)   Lot width: 70 feet.

      (2)   Minimum building setbacks.

         (a)   One-family detached.

            1.   Front yard setback: 30 feet;

            2.   Side yard setback: eight feet; and

            3.   Rear yard setback: 30 feet.

         (b)   Side yard of a non-dwelling use. Except where a side yard of a non-dwelling use abuts a property that is within a dwelling district, then the minimum side yard setback shall be 25 feet.

      (3)   Building height limitations. The building height limitations are 25 feet or two and one-half stories.

      (4)   Maximum building coverage. The maximum building coverage is 35%.

(Ord. 834, passed 2-1-2001)

   (A)   Intent and purpose. The purpose of the R-2 District is to protect and preserve areas of low density residential development and to allow for the construction of new one-family detached dwellings within low density subdivisions having lot sizes of not less than 6,000 square feet.

   (B)   Permitted uses. The following uses are permitted in the R-2 District. In addition to the uses permitted in this district, certain other uses may be conditionally allowed per division (C) below. Other uses not listed, which are determined by the Enforcement Officer to be identical or similar to one or more of the permitted uses, may be permitted as well. When an unlisted use is proposed and appears to meet the intent of this district, but its potential impact is uncertain, then such use shall be considered a special use:

      (1)   Accessory uses (see § 154.056);

      (2)   Community residences, small, where the community residence is more than 1,000 feet from any existing community residence;

      (3)   Dwellings, detached one-family;

      (4)   Home occupations (see § 154.059);

      (5)   Places of worship; and

      (6)   Schools, public.

   (C)   Special uses. The following uses may be permitted in the R-2 District, subject to the issuance of a special use permit in accordance with §§ 154.125 through 154.128:

      (1)   Community residences, large;

      (2)   Community residences, small, where the community residence is 1,000 feet or less from any existing community residence;

      (3)   Convents, monasteries, and rectories, in connection with a place of worship and located on the same or adjacent lot;

      (4)   Day care homes, nurseries, or nursery schools as an accessory use;

      (5)   Day care centers established as a principal use of buildings and land, prior to the effective date of this chapter, where said buildings and land were developed and clearly intended for non-dwelling use;

      (6)   Golf courses, except miniature courses and practice driving ranges operated as a commercial use;

      (7)   Parks and playgrounds, public or not-for-profit;

      (8)   Public utility facilities, excluding communication towers;

      (9)   Recreation facilities, common;

      (10)   Schools, private; except trade, technical, or business schools, college, and university facilities; and

      (11)   One chair beauty or barber shop.

   (D)   Density and dimensional regulations.

      (1)   Minimum lot size.

         (a)   One-family detached.

            1.   Lot area: 6,000 square feet; and

            2.   Lot width: 60 feet.

         (b)   Other permitted and special uses.

            1.   Lot area: 8,500 square feet; and

            2.   Lot width: 75 feet.

      (2)   Minimum building setbacks.

         (a)   One-family detached.

            1.   Front yard setback: 30 feet;

            2.   Side yard setback: seven feet; and

            3.   Rear yard setback: 30 feet.

         (b)   Other permitted and special uses. The minimum setback requirements for all other principal buildings and structures shall be the same as listed in division (D)(2)(a) above, except where a side yard of a non-dwelling use abuts a property that is within a dwelling district, then the minimum side yard setback shall be 25 feet.

      (3)   Building height limitations. The building height limitations are 25 feet or two and one-half stories.

      (4)   Maximum building coverage. The maximum building coverage is 35%.

(Ord. 834, passed 2-1-2001)

   (A)   Intent and purpose. The purpose of the R-3 District is to protect and preserve existing areas of predominantly two-family dwellings and to allow for the construction of new one-family detached dwellings, one-family attached dwellings, two-family dwellings, and multifamily dwellings.

   (B)   Permitted uses. The following uses are permitted in the R-3 District. In addition to the uses permitted in this district, certain other uses may be conditionally allowed per division (C) below. Other uses not listed, which are determined by the Enforcement Officer to be identical or similar to one or more of the permitted uses, may be permitted as well. When an unlisted use is proposed and appears to meet the intent of this district, but its potential impact is uncertain, then such use shall be considered a special use:

      (1)   Accessory uses (see § 154.056);

      (2)   Community residences, small, where the community residence is more than 1,000 feet from any existing community residence;

      (3)   Dwellings, attached one-family;

      (4)   Dwellings, detached one-family;

      (5)   Dwellings, multifamily;

      (6)   Dwellings, two-family;

      (7)   Home occupations (see § 154.059);

      (8)   Places of worship; and

      (9)   Schools, public.

   (C)   Special uses. The following uses may be permitted in the R-3 District, subject to the issuance of a special use permit in accordance with §§ 154.125 through 154.128:

      (1)   Community residences, large;

      (2)   Community residences, small, where the community residence is 1,000 feet or less from any existing community residence;

      (3)   Convents, monasteries, and rectories, in connection with a place of worship and located on the same or adjacent lot;

      (4)   Day care homes, nurseries, or nursery schools as an accessory use;

      (5)   Day care centers established as a principal use of buildings and land, prior to the effective date of this chapter, where said buildings and land were developed and clearly intended for non-dwelling use;

      (6)   Dwellings, row houses;

      (7)   Golf courses, except miniature courses and practice driving ranges operated as a commercial use;

      (8)   Parks and playgrounds, public or not-for-profit;

      (9)   Public utility facilities, excluding communication towers;

      (10)   Recreation facilities, common;

      (11)   Schools, private; except trade, technical, or business schools, college, and university facilities; and

      (12)   One chair beauty or barber shop.

   (D)   Density and dimensional regulations.

      (1)   Minimum lot size.

         (a)   One-family detached.

            1.   Lot area: 8,500 square feet; and

            2.   Lot width: 75 feet.

         (b)   One-family attached dwellings: lot area.

            1.   Per development 20,000 square feet;

            2.   Per dwelling unit 4,250 square feet; and

            3.   Lot width: 75 feet.

      (2)   Minimum lot dimension: multifamily dwellings.

         (a)   Per development: 100 feet (lot frontage);

         (b)   Minimum lot area per development: 20,000 square feet;

         (c)   Minimum lot dimension per unit:

            1.   Lot area: 3,000 square feet per unit; and

            2.   Lot width: 25 feet per unit.

         (d)   Exception: an existing one-family dwelling located on a lot of record that has less area than required in this section may be converted to a two-family dwelling without increasing the lot size, provided that the building is not enlarged beyond its present outside dimensions and that all other regulations of this chapter are complied with. Additions may be made to an existing building only when lot size and yard requirements of this size and yard requirements of this section are complied with;

         (e)   Other permitted two-family dwellings and special uses:

            1.   Lot area: 10,000 square feet; and

            2.   Lot width: 75 feet.

      (3)   Building setback requirements.

         (a)   All uses:

            1.   Front yard setback: 30 feet;

            2.   Side yard setback: seven feet; and

            3.   Rear yard setback: 30 feet.

         (b)   Except where a side yard of a non-dwelling use abuts a property that is within a dwelling district, then the minimum side yard setback shall be 25 feet.

      (4)   Building height limitations. Building height limitations are 25 feet or two and one-half stories.

      (5)   Maximum building coverage. Maximum building coverage is 35%.

(Ord. 834, passed 2-1-2001)

   (A)   Intent and purpose. The purpose of the RM District is to protect and conserve areas of manufactured home dwellings that are developed in accordance with the standards contained herein and to provide for the construction of new manufactured dwelling parks that meet the development standards contained herein.

   (B)   Permitted uses. The following uses are permitted in the RM District. In addition to the uses permitted in this district, certain other uses may be conditionally allowed per division (C) below. Other uses not listed, which are determined by the Enforcement Officer to be identical or similar to one or more of the permitted uses, may be permitted as well. When an unlisted use is proposed and appears to meet the intent of this district, but its potential impact is uncertain, then such use shall be considered a special use:

      (1)   Accessory uses (see §§ 154.050 through 154.062);

      (2)   Community residences, small, where the community residence is more than 1,000 feet from any existing community residence;

      (3)   Dwellings, detached one-family;

      (4)   Home occupations (see § 154.059);

      (5)   Places of worship;

      (6)   Schools, public; and

      (7)   Manufactured homes.

   (C)   Special uses. The following uses may be permitted in the RM District, subject to the issuance of a special use permit in accordance with §§ 154.125 through 154.128:

      (1)   Community residences, large;

      (2)   Community residences, small, where the community residence is 1,000 feet or less from any existing community residence;

      (3)   Convents, monasteries, and rectories, in connection with a place of worship and located on the same or adjacent lot;

      (4)   Day care homes, nurseries, or nursery schools as an accessory use;

      (5)   Laundry facilities, common;

      (6)   Parks and playgrounds, public or not-for-profit;

      (7)   Public utility facilities, excluding communication towers;

      (8)   Recreation facilities, common; and

      (9)   Schools, private; except trade, technical, or business schools, college, and university facilities.

   (D)   Density and dimensional regulations.

      (1)   Minimum lot size.

         (a)   One-family detached.

            1.   Lot area: 8,500 square feet; and

            2.   Lot width: 75 feet.

         (b)   Manufactured home dwellings.

            1.   Per development: 8,500 square feet; and

            2.   Per dwelling unit: 75 feet.

      (2)   Minimum building setbacks.

         (a)   All uses.

            1.   Front yard setback: 30 feet;

            2.   Side yard setback: eight feet; and

            3.   Rear yard setback: 30 feet.

         (b)   Exception. Except where a side yard of a non-dwelling use abuts a property that is within a dwelling district, then the minimum side yard setback shall be 25 feet.

      (3)   Building height limitations.

         (a)   Manufactured home dwellings: 25 feet or two and one-half stories; and

         (b)   Other uses: 25 feet or two and one-half stories.

      (4)   Maximum building coverage.

         (a)   Manufactured home dwellings: 35%; and

         (b)   Other uses: 35%.

(Ord. 834, passed 2-1-2001)

   (A)   Intent and purpose. The B-1 District is intended to accommodate limited retail and service businesses at locations within or adjacent to residential neighborhoods. Such retail and service establishments are intended to serve a relatively small and local market area, or are of such character and intensity which are compatible with the surrounding neighborhood.

   (B)   Permitted uses. The following uses are permitted in the B-1 District, subject to a limit of 3,500 square feet of gross floor area for the principal building containing one or more of the uses. In addition to the land uses permitted in this district, certain other uses may be conditionally allowed per division (C) below. Any permitted land use or development, that contains a principal building which exceeds 3,500 square feet of gross floor area, shall be considered a special use (see division (C) below). Other uses not listed, which are determined by the Enforcement Officer to be identical or similar to one or more of the following uses, may be permitted as well. When an unlisted use is proposed, which appears to meet the intent of this district but its potential impact is uncertain, then such use shall be considered a special use:

      (1)   Accessory uses (see § 154.056);

      (2)   Artist, sculptor, or craft studios;

      (3)   Bakeries, limited to the processing of bakery goods for sale only on the premises;

      (4)   Day care centers, caring for 20 or fewer individuals;

      (5)   Dry-cleaning drop-off/pick-up (no cleaning facilities on site);

      (6)   Specialty food shops;

      (7)   Laundromats, self service;

      (8)   Offices;

      (9)   Offices, medical and dental;

      (10)   Pharmacies;

      (11)   Places of worship;

      (12)   Recreation facilities, commercial; or health clubs;

      (13)   Restaurants;

      (14)   Retail service establishments, including: barber shops and beauty parlors; copying and duplicating services; dressmaking or tailor shops; private postal services; shoe repair shops; suntan parlors; travel agencies; typing and stenography services; and other similar service establishments;

      (15)   Retail specialty shops, including: antique shops; art and school supplies; bicycle shops; book stores; camera shops and film developing; candy stores; card and stationery shops; florist shops; gift shops; hobby shops; jewelry stores; newspaper and magazine shops; record, tape, and compact disc shops; tobacco and pipe shops; and other similar specialty retail establishments;

      (16)   Schools, public;

      (17)   Schools and studios, private; for less than 20 students in attendance at any one time; and

      (18)   Video rental and sales stores.

   (C)   Special uses. The following uses may be permitted in the B-1 District, subject to the issuance of a special use permit in accordance with §§ 154.125 through 154.128:

      (1)   All permitted uses, listed under division (B) above, which exceed 3,500 square feet of gross floor area but not exceeding 12,000 square feet of gross floor area; or require a drive-through;

      (2)   Amusement centers, indoor;

      (3)   Animal hospitals and veterinary clinics, but not including animal boarding facilities or outdoor animal exercise areas;

      (4)   Bars and taverns;

      (5)   Bowling alleys;

      (6)   Day care centers, serving more than 20 individuals;

      (7)   Dry-cleaning establishments, with cleaning facilities on site;

      (8)   Outdoor dining, on premises only;

      (9)   Parks and playgrounds, public or not-for-profit;

      (10)   Public utilities, excluding communication towers;

      (11)   Restaurants, fast food;

      (12)   Schools and studios, private; with more than 20 students in attendance at any one time; and

      (13)   A single dwelling unit when located above a permitted use, or in the same structure on grade level, to the rear of the permitted use.

      (14)   Any liquor license in B-1 zoning requires a special use license.

   (D)   Density and dimensional regulations.

      (1)   Minimum lot size.

         (a)   Lot area: 10,000 square feet; and

         (b)   Lot width: 75 feet.

      (2)   Minimum building setbacks.

         (a)   Front yard setback: 20 feet;

         (b)   Side yard setback: none (except where such side property line abuts a dwelling district, where a setback of 25 feet shall be provided);

         (c)   Rear yard setback: 20 feet; and

         (d)   Modification of rear or side yard setback: the minimum property line setback requirement may be modified via the special use permit procedure, under §§ 154.125 through 154.128. Such modifications may be more or less stringent, depending on the potential impact of the proposed development in the B-1 District which is adjacent to a dwelling district. In the case of a request for a less stringent setback, the special use permit applicant must demonstrate screening between the proposed development and the adjacent residential district above and beyond the minimum screening requirements contained in § 154.057.

      (3)   Building height limitations. Building height limitations are 25 feet or two stories.

      (4)   Maximum site coverage.

         (a)   For developments encompassing 20,000 square feet or more of land area, site coverage shall not exceed 70%. Site coverage may be increased by a factor of 1% to 10% under the special use permit procedures contained in §§ 154.125 through 154.128. Such additional site coverage may be allowed in consideration of special or outstanding landscape design and site planning features. Such features to be considered in allowing any additional site coverage includes the following:

            1.   A professionally designed landscape plan which incorporates proper irrigation, intense planting, and retention of existing trees and other plants worthy of saving;

            2.   Use of low masonry walls of architectural quality (brick or textured and pigmented concrete), terraces, berms, and earth sculpting to screen parking areas; and

            3.   Special pedestrian facilities and features such as plazas, covered walkways, fountains, and seating areas.

         (b)   The balance of the site, not covered by buildings and structures, parking lots, vehicle circulation, and other accessory facilities, shall be devoted to landscaping, pedestrian circulation, plazas, and buffering.

   (E)   Other development standards.

      (1)   Except for permitted outdoor dining, off-street parking and loading; all business, merchandise display, servicing, processing, and storage, which takes place outdoors, shall be limited to 100 square feet in area. Otherwise, all business, merchandise display, servicing, processing, and storage shall be conducted within completely enclosed buildings. This limitation does not apply to outdoor storage of items that are screened from public view and located behind the building setback line from a street right-of-way or a property line.

      (2)   Processes and equipment employed and goods processed or sold shall be limited to those which are not objectionable by reason of odor, dust, smoke, noise, vibration, refuse, water-carried waste, pollutants or other matter which in any manner creates a nuisance beyond the property line of a particular use (also see § 154.062 for performance standards).

(Ord. 834, passed 2-1-2001; Ord. 1084, passed 12-5-2019)

   (A)   Intent and purpose. The B-2 District is intended to accommodate more intensive retail and service businesses that would otherwise not be permitted in the B-1 District. The B-2 District is intended to accommodate the retail and service needs of a larger consumer population than is typically served by the B-1 Neighborhood Business District.

   (B)   Permitted uses. The following uses are permitted in the B-2 District, subject to a limit of 25,000 square feet of gross floor area for the principal building containing one or more of the uses. In addition to the land uses permitted in this district, certain other uses may be conditionally allowed per division (C) below. Other uses not listed, which are determined by the Enforcement Officer to be identical or similar to one or more of the following uses, may be permitted as well. When an unlisted use is proposed, which appears to meet the intent of this district but its potential impact is uncertain, then such use shall be considered a special use:

      (1)   Accessory uses (see § 154.056);

      (2)   Any use permitted in the B-1 Neighborhood Business District (see § 154.033(B)), except those uses that are modified under this list of permitted uses (size limitations on permitted B-1 uses do not apply here);

      (3)   Appliance, computer, and/or electronics stores, sales, and service;

      (4)   Automobile and truck (less than one and one-half ton) sales and leasing;

      (5)   Automobile parts and accessory stores;

      (6)   Banks and other financial institutions, with up to two drive-through lanes;

      (7)   Bars and taverns;

      (8)   Bicycle stores, sales, rental, and service;

      (9)   Boat and marine sales and service;

      (10)   Catering establishments, including pizza delivery;

      (11)   Clothing and apparel stores;

      (12)   Department, discount, and variety stores;

      (13)   Food stores and grocery stores; convenience stores; and meat markets;

      (14)   Furniture stores with repair and re-upholstery only as an accessory use;

      (15)   Gasoline stations;

      (16)   Hardware and home improvement stores, including lumberyards;

      (17)   Hotels;

      (18)   Interior decorating stores, including carpet, paint, and wallpaper stores;

      (19)   Libraries;

      (20)   Medical and dental offices;

      (21)   Musical instrument stores, sales, and repair;

      (22)   Museums;

      (23)   Offices;

      (24)   Office supply stores;

      (25)   Optical sales, examinations;

      (26)   Package liquor sales as a principal use;

      (27)   Pet stores and animal grooming shops;

      (28)   Pharmacies;

      (29)   Public buildings used by the village, school district, township, park district, county, state, or federal governments, except for vehicle maintenance, raw material storage, and other similar type facilities;

      (30)   Radio, television, and recording studios;

      (31)   Restaurants, with up to two drive-through lanes;

      (32)   Restaurants, fast-food, with up to two drive-through lanes;

      (33)   Retail stores providing for the sale of consumer goods normally found in a shopping center or a freestanding building, including the sale of clothing and apparel, sporting goods, computer hardware and software, home or car audio/video equipment, dry goods, toys, and similar merchandise;

      (34)   Schools for business, professional, or technical training, but not including outdoor training areas;

      (35)   Theaters, performing arts or movie; and

      (36)   Vehicle repair and service facilities.

   (C)   Special uses. The following uses may be permitted in the B-2 District, subject to the issuance of a special use permit in accordance with §§ 154.125 through 154.128:

      (1)   All permitted uses which include drive-through facilities in excess of two lanes;

      (2)   All special uses in the B-1 District (see § 154.033(C)), except as may be otherwise permitted in this B-2 District (see division (B) above);

      (3)   All permitted uses, listed under division (B) above, which exceed 25,000 square feet of gross floor area;

      (4)   Recycling collection point;

      (5)   Vehicle service facilities, for more than one and one-half ton units;

      (6)   Massage-tattoo establishments, subject to all applicable federal, state, or local requirements;

      (7)   Warehouse and wholesale establishments, distribution centers;

      (8)   Warehouse, self-service storage; and

      (9)   Other uses, not enumerated, in this division (C), but consistent with B-2 occupancies.

   (D)   Density and dimensional regulations.

      (1)   Minimum lot size.

         (a)   Lot area: 10,000 square feet;

         (b)   Lot width: 75 feet; and

         (c)   Minimum lot size exceptions: the minimum lot size requirement may be reduced, subject to the issuance of special use permit in accordance with the procedures and standards contained in §§ 154.125 through 154.128. Such a reduction in lot size may be allowed if the applicant can demonstrate that no reasonable alternative exists to acquire and assemble adjacent B-2 zoned property with the property in question. An example of such a circumstance would be “in-fill” development where all properties, adjacent to the parcel in question, are already developed and said parcel existed prior to the adoption of this chapter, or amendment thereto.

      (2)   Minimum building setbacks.

         (a)   Front yard setback: 40 feet;

         (b)   Side yard setback: none (except where such side property line abuts a dwelling district, where a setback of 25 feet shall be provided);

         (c)   Rear yard setback: 20 feet;

         (d)   Modification of rear or side yard setback: the minimum property line setback requirements may be modified via the special use permit procedure, under §§ 154.125 through 154.128. Such modifications may be more or less stringent, depending on the potential impact of the proposed development in the B-2 District which is adjacent to a dwelling district. In the case of a request for a less stringent setback, the special use permit applicant must demonstrate screening between the proposed development and the adjacent residential district above and beyond the minimum screening requirements contained in § 154.057.

      (3)   Building height limitations.

         (a)   Height limit: 35 feet or three stories.

         (b)   Height limit exceptions: upon special use permit approval (see §§ 154.125 through 154.128) or under an approved planned development (see § 154.037), buildings may exceed the height limit specified above, subject to the following increases in minimum building setbacks.

            1.   Right-of-way setback. The minimum building setback shall be increased by one foot for each two feet, or portion thereof, of increased building height, provided; however, that the setback from the right-of-way does not have to exceed 100 feet.

            2.   Property line setback. When adjacent to a dwelling district, the minimum building setback shall be increased by one foot for each two feet, or portion thereof, of increased building height, provided, however, that the setback from the property line does not have to exceed 100 feet.

      (4)   Maximum site coverage.

         (a)   For developments encompassing 20,000 square feet or more of land area, site coverage shall not exceed 70%. Site coverage may be increased by a factor of 1% to 10%, under the special use permit procedures contained in §§ 154.125 through 154.128. Such additional site coverage may be allowed in consideration of special or outstanding landscape design and site planning features. Such features to be considered in allowing any additional site coverage includes the following:

            1.   A professionally designed landscape plan which incorporates proper irrigation, intense planting, and retention of existing trees and other plants worthy of saving;

            2.   Use of low masonry walls of architectural quality (brick or textured and pigmented concrete), terraces, berms, and earth sculpting to screen parking areas; and

            3.   Special pedestrian facilities and features such as plazas, covered walkways, fountains, and seating areas.

         (b)   The balance of the site, not covered by buildings and structures, parking lots, vehicle circulation, and other accessory facilities, shall be devoted to landscaping, pedestrian circulation, plazas, and buffering.

   (E)   Other development standards. Processes and equipment employed and goods processed or sold shall be limited to those which are not objectionable by reason of odor, dust, smoke, noise, vibration, refuse, water-carried waste, pollutants, or other matter which in any manner creates a nuisance beyond the property line of a particular use (also see § 154.062 for performance standards).

(Ord. 834, passed 2-1-2001)

   (A)   Intent and purpose. The intent of the ORI District is to provide areas in the community within which office, research, and light industrial enterprises can locate with an assurance of a high and permanent level of design quality, extensive site amenities, open space, and environmental protection. The restrictions and conditions applied to this district are intended to promote the development of a corporate-like business park atmosphere.

   (B)   Permitted uses. The following uses are permitted in the ORI District. In addition to the land uses permitted in this district, certain other uses may be conditionally allowed per division (C) below. Other uses not listed, which are determined by the Enforcement Officer to be identical or similar to one or more of the following uses, may be permitted as well. When an unlisted use is proposed, which appears to meet the intent of this district but its potential impact is uncertain, then such use shall be considered a special use:

      (1)   Accessory uses (see § 154.056);

      (2)   Advertising agencies;

      (3)   Hotels, including conference centers, meeting, and dining facilities;

      (4)   Laboratories and ancillary uses (in enclosed structures) for research and development including, but not limited to:

         (a)   Engineering and testing laboratories;

         (b)   Medical and dental research laboratories; and

         (c)   Agricultural research laboratories, provided that the conduct of animal, plant, or other biological and genetic research activities outdoors is prohibited.

      (5)   Manufacturing uses including, but not limited to, electronic, scientific, and precision instruments manufacture and repair, experimental product development and plastic products design and assembly, cloth products manufacture, light machinery production and assembly, printing, and publishing;

      (6)   Offices;

      (7)   Offices, medical and dental;

      (8)   Pilot plants in which processes planned for use in production elsewhere can be treated to the extent reasonably necessary for full investigation of the merits of a product or process including commercial viability;

      (9)   (a)   Convenience, service, and retail uses, as herein enumerated, within a building, or group of buildings within a unified development, having 40,000 or more square feet of gross floor area, and meeting the following conditions:

            1.   Is provided principally for the convenience of the owner and/or tenants of a particular building or buildings within a unified development;

            2.   Does not have exterior signs of any type;

            3.   Does not have separate outside entrance facing any street; and

            4.   The combined square feet of the gross floor area dedicated to these uses shall not exceed 10% of the gross floor area of the principal building or group of buildings within a unified development.

         (b)   Convenience, service, and retail activities shall be limited to the following or similar uses:

            1.   Blueprinting and reprographics establishments;

            2.   Barbershop or beauty parlor;

            3.   Camera and photographic supply shops;

            4.   Candy, ice cream, deli, and sandwich shops;

            5.   Gift shops, tobacco stores, and newsstands;

            6.   Office machine sales and drop-off repair service;

            7.   Office supply store;

            8.   Parcel delivery station of not more than 500 gross square feet of floor area;

            9.   Photographic development and processing;

            10.   Postal substations and telegraph office;

            11.   Shoe repair shop;

            12.   Tailor and seamstress shop;

            13.   Travel agency; and

            14.   Valet shop, cleaning pick-up and drop-off only (no plant on premises).

      (10)   Training and educational facilities;

      (11)   Warehousing and distribution facilities, but excluding motor freight terminals; and

      (12)   Union halls and trade association offices/meeting rooms.

   (C)   Special uses. The following uses may be permitted in the ORI District, subject to the issuance of a special use permit in accordance with §§ 154.125 through 154.128:

      (1)   Any land use and developments which include drive-through facilities in excess of two lanes;

      (2)   Banks and financial institutions;

      (3)   Clubs, lodges, and fraternal organizations;

      (4)   Day care centers;

      (5)   Heliports;

      (6)   Parking areas, including parking structures, as a principal use of a property;

      (7)   Public utility facilities, provided that any installation, other than poles and equipment attached to the poles, shall be:

         (a)   Adequately screened with landscaping, fencing, or walls, or any combination thereof;

         (b)   Placed underground;

         (c)   Enclosed in a structure in such a manner so as to blend with and complement the character of the surrounding area; and

         (d)   All plans for screening these facilities shall be submitted as part of the special use permit application.

      (8)   Police and fire stations;

      (9)   Recreation facilities, commercial or health club;

      (10)   Restaurants; and

      (11)   Showrooms and retail outlets associated with warehouse or manufacturing facilities where the showroom or retail portion does not exceed 50% of the total floor area.

   (D)   Density and dimensional regulations.

      (1)   Minimum lot size.

         (a)   Lot area: 40,000 square feet; and

         (b)   Lot width: 150 feet.

      (2)   Minimum building setbacks.

         (a)   Front yard setback: 50 feet;

         (b)   Side yard setback: 20 feet;

         (c)   Rear yard setback: 20 feet; and

         (d)   Exception: building setback requirements described above for side or rear yards adjacent to a railroad service spur shall not be applicable.

      (3)   Parking area setback requirements.

         (a)   Front yard: 30 feet;

         (b)   Side yard: 20 feet; and

         (c)   Rear yard: 20 feet.

      (4)   Building height limitations.

         (a)   Height limit: 35 feet or three stories; and

         (b)   Height limit exceptions: upon special use permit approval (see §§ 154.125 through 154.128) or under an approved planned development (see § 154.037), buildings may exceed the height limit specified above, subject to the following increases in minimum building setbacks.

            1.   Right-of-way setback. The minimum building setback shall be increased by one foot for each two feet, or portion thereof, of increased building height, provided; however, that the setback from the right-of-way does not have to exceed 100 feet.

            2.   Property line setback. When adjacent to a dwelling district, the minimum building setback shall be increased by one foot for each two feet, or portion thereof, of increased building height, provided; however, that the setback from the property line does not have to exceed 100 feet.

      (5)   Maximum site coverage. Maximum site coverage: 70%.

   (E)   Other development standards.

      (1)   Every use, unless expressly exempted by this chapter shall be operated in its entirety within a completely enclosed structure.

      (2)   All outdoor storage areas of goods, products, materials, supplies, machinery equipment, or commercial vehicles shall not be allowed in the front yard. In the case of through lots, outdoor storage areas are permitted in those front yards that do not serve as the access to the lot. Where permitted, these outdoor storage areas shall be enclosed to a height of eight feet above grade and screened to an opacity of not less than 75% as follows:

         (a)   A fence eight feet above grade;

         (b)   Berming and/or landscaping screen; or

         (c)   A combination of fencing, berming, and/or landscaping.

      (3)   All rooftop building service equipment must be screened from view from any street, parking lot, or from grade level of other properties within the district. All mechanical equipment shall be screened or colored to blend in with the field color of the building. Rooftop equipment may be permitted without screening if it is in a location on the roof which is not visible from adjoining properties.

      (4)   Fencing shall be permitted as follows:

         (a)   Unless otherwise approved via special use permit or under the planned development district regulations, fences shall not exceed eight feet in height;

         (b)   Fences shall be designed to be consistent in style and color with the principal structure. Corrugated fencing material is prohibited. Chain-link type fencing is permitted if it has been pre-finished in an appropriate color. Black, brown, or green are recommended for this type of fencing; and

         (c)   However, chain-link fences having an alternative color may be approved if they are found to be compatible with adjoining structures and if they are erected along with a mix of trees, shrubs, and other landscaping features placed along their perimeter.

      (5)   Whenever possible, antennas, satellite dishes, and other communication transmitting and receiving equipment shall be located to the rear or hidden side of the building. In the case of through lots, these facilities are permitted in those front yards that do not serve as the access to the lot if said facilities are screened between the ground level and eight feet above the ground with a sight-obscuring fence, wall, or landscaped area placed around its perimeter.

      (6)   All refuse collection areas and containers shall be fully screened from streets and adjacent properties with a six foot high sight-obscuring fence, wall, or landscaped area placed around said facility.

      (7)   Processes and equipment employed and goods processed or sold shall be limited to those which are not objectionable by reason of odor, dust, smoke, noise, vibration, refuse, water-carried waste, pollutants, or other matter which in any manner creates a nuisance beyond the property line of a particular use (also see § 154.062 for performance standards).

(Ord. 834, passed 2-1-2001)

   (A)   Purpose and intent. The intent of the I-1 District is to provide areas in the community within which manufacturing operations of limited types, wholesale, warehousing, and other compatible uses can locate. This district is provided to permit the development of such uses and to impose certain development standards so as to minimize potential negative impacts within and beyond the district. To these ends certain uses which would function more effectively in other districts and would interfere with or be impacted by the operations of industrial activity have been excluded.

   (B)   Permitted uses. The following uses are permitted in the I-1 District. In addition to the land uses permitted in this district, certain other uses may be conditionally allowed per division (C) below. Other uses not listed, which are determined by the Enforcement Officer to be identical or similar to one or more of the following uses, may be permitted as well. When an unlisted use is proposed, which appears to meet the intent of this district but its potential impact is uncertain, then such use shall be considered a special use:

      (1)   Accessory uses (see § 154.056);

      (2)   Any manufacturing, fabricating, assembly, disassembly, processing or treatment of goods and products including, but not limited to:

         (a)   Appliances, small;

         (b)   Bicycles;

         (c)   Bookbinderies;

         (d)   Canvas and canvas products;

         (e)   Clothing and textiles;

         (f)   Creameries and dairies;

         (g)   Drugs and pharmaceutical products;

         (h)   Electrical components;

         (i)   Food products, but not including operations requiring on-site pretreatment sanitary waste lagoons;

         (j)   Glass and ceramics;

         (k)   Ice;

         (l)   Musical instruments;

         (m)   Metal polishing and plating;

         (n)   Paper and paper products;

         (o)   Plastic products, but not including processing of raw materials;

         (p)   Rubber products, small, but including the processing raw materials;

         (q)   Sheet metal;

         (r)   Textiles, spinning, weaving, dyeing, and printing;

         (s)   Tools and hardware, such as hand tools, fasteners, and other household hardware;

         (t)   Toys; and

         (u)   Wood assembly and finishing.

      (3)   Building contractors office and materials storage;

      (4)   Building material sales and storage;

      (5)   Bus and train stations and terminals;

      (6)   Business, professional, and technical training schools;

      (7)   Cartage and express facilities;

      (8)   Dwellings (one-dwelling unit only) only when used by the caretakers and their families, who own or are employed in the allowable commercial or industrial use of the premises;

      (9)   Farm equipment sales and service;

      (10)   Golf courses and other open space recreational uses;

      (11)   Lumberyards;

      (12)   Machinery sales, service, and storage;

      (13)   Machine shops;

      (14)   Magnetic and digital media recording;

      (15)   Motor freight terminals;

      (16)   Offices;

      (17)   Outdoor storage, as a principal use, except junkyards, salvage yards, and wrecked vehicle storage yards, and provided that no outdoor storage shall be located with the minimum building setbacks established herein;

      (18)   Parking lots, as a principal use;

      (19)   Plumbing and heating service and equipment stores;

      (20)   Printing establishments;

      (21)   Public buildings, except school buildings;

      (22)   Public utility facilities;

      (23)   Recreational vehicle sales and leasing;

      (24)   Research laboratories and facilities;

      (25)   Showrooms and retail outlets associated with warehouse or manufacturing facilities where the showroom or retail portion does not exceed 30% of the gross floor area;

      (26)   Sign shops;

      (27)   Tool and dye shops;

      (28)   Truck/trailer sales and leasing;

      (29)   Union halls, hiring halls, and trade association offices/meeting rooms;

      (30)   Vehicle repair facilities;

      (31)   Vehicle service facilities;

      (32)   Warehouse and wholesale establishments, distribution centers;

      (33)   Warehouses, self-service storage; and

      (34)   Welding shops.

   (C)   Special uses. The following uses may be permitted in the I-1 District, subject to the issuance of a special use permit in accordance with §§ 154.125 through 154.128:

      (1)   Day care centers;

      (2)   Penal and correctional facilities;

      (3)   Recycling centers;

      (4)   Sewage treatment plants, and sanitary-waste lagoons; and

      (5)   Other occupancies not enumerated in this division (C), but consistent with I-1 zoning.

   (D)   Density and dimensional regulations.

      (1)   Minimum lot size.

         (a)   Lot area: 20,000 square feet; and

         (b)   Lot width: 100 feet.

      (2)   Minimum building setbacks.

         (a)   Front yard setback: 50 feet;

         (b)   Side yard setback: 20 feet;

         (c)   Rear yard setback: 20 feet; and

         (d)   Exception: building setback requirements described above for side or rear yards adjacent to a railroad service spur shall not be applicable. Also, a side yard setback of 50 feet and/or a rear yard setback of 50 feet shall be provided where such property lines abut a dwelling district. In addition, see § 154.057 for screening requirements.

      (3)   Building height limitations.

         (a)   Height limit: 35 feet or three stories; and

         (b)   Height limit exceptions: upon special use permit approval (see §§ 154.125 through 154.128) or under an approved planned development (see § 154.037), buildings may exceed the height limit specified above, subject to the following increases in minimum building setbacks.

            1.   Right-of-way setback. The minimum building setback shall be increased by one foot for each two feet, or portion thereof, of increased building height, provided, however, that the setback from the right-of-way does not have to exceed 100 feet.

            2.   Property line setback. When adjacent to a dwelling district, the minimum building setback shall be increased by one foot for each two feet, or portion thereof, of increased building height, provided, however, that the setback from the property line does not have to exceed 100 feet.

      (4)   Maximum site coverage. Maximum site coverage: 70%.

   (E)   Other development standards.

      (1)   Except as otherwise permitted in this district, all uses shall be operated in its entirety within a completely enclosed structure. This limitation does not apply to outdoor storage of items that are screened from public view and located behind the building setback line from a street right-of-way or a property line.

      (2)   Processes and equipment employed and goods processed or sold shall be limited to those which are not objectionable by reason of odor, dust, smoke, noise, vibration, refuse, water-carried waste, pollutants, or other matter which in any manner creates a nuisance beyond the boundaries of the I-1 District (also see § 154.062 for performance standards).

(Ord. 834, passed 2-1-2001)

(A)   Intent and purpose.

(1)   The purpose of the Planned Development District is to provide a means of achieving greater flexibility in development of land in a manner not always possible in conventional zoning districts; to encourage a more imaginative and innovative design of land development; and to promote a more desirable community environment.

(2)   The Village Board, upon recommendation by the Plan Commission, may, by an ordinance adopted in the same manner as a rezoning is approved, authorize a Planned Development District when the proposed development or use of a specific tract of land or area warrants greater flexibility, control and density than is afforded under the general regulations of standard zoning districts. These planned development regulations are not intended to allow excessive densities, or the development of incompatible land uses, either within the development, or as the development relates to the general neighborhood. The Village Board may, upon proper application, approve a planned development to facilitate the use of flexible techniques of land development and site design, by providing relief from conventional zoning standards in order to achieve one or more of the following objectives:

(a)   Site planning that better adapts to site conditions and its relation to surrounding properties that would not otherwise be possible or would be inhibited under the district regulations applicable to the property;

(b)   Functional and beneficial uses of open space areas;

(c)   Preservation of natural features of a development site;

(d)   Creation of a safe and desirable living environment for residential areas characterized by a unified building and site development program;

(e)   Rational and economical in relation to public utilities and services; and

(f)   Efficient and effective traffic circulation, both within and adjacent to the development site.

(B)   Relationship of Planned Development Districts to Zoning Map.

(1)   A mapped district. The PD designation is not intended to be attached to existing zoning districts as an overlay. The PD designation, as detailed in this section, is a separate use district and may be attached to a parcel of land through the process of rezoning and zoning map amendment.

(2)   Plan approval required. It is the intent of this chapter that no development or redevelopment of the property encompassed by the PD designation take place until an acceptable development plan has been reviewed and approved in conformance with the requirements of this section, §§ 154.190 through 154.193, and applicable sections of Chapter 153 of this code.

(C)   Coordination with Chapter 153 of this code.

(1)   When a planned development involves any subdivision activity, the subdivision review and approval procedure requirements contained in Chapter 153 of this code shall be carried out simultaneously with the review of a planned development under this section of this chapter. As applicable, reference is made to requirements in Chapter 153 of this code within this section. With regard to these references, Chapter 153 of this code may contain the term “plat”, which under the PD District requirements is intended to be synonymous with “plan” as appropriate.

(2)   Since obtaining a PD District designation requires a map amendment (rezoning), the requirements and procedures of §§ 154.190 through 154.193, shall apply. As applicable, reference to §§ 154.190 through 154.193 is made within this section.

(D)   Types of planned developments. An area approved for the PD designation shall be assigned one of the following district classifications which shall be considered a separate zoning district and subject to the specific restrictions and limitations outlined in this section.

(1)   Planned Development – Residential (PD-R). Planned developments involving residential uses.

(2)   Planned Development – Commercial (PD-C). Planned developments involving commercial uses.

(3)   Planned Development – Industrial (PD-I). Planned developments involving industrial and limited commercial uses.

(4)   Planned Development – Mixed Use (PD-MXD). Planned developments involving residential and limited commercial uses.

(E)   Permitted uses.

(1)   Planned Development – Residential (PD-R).

(a)   Permitted uses shall be established in the conditions of the ordinance adopted by the Village Board governing the particular Planned Development – Residential District. Specific uses may include those uses designated as permitted or special uses in any of the dwelling districts.

(b)   In addition to those uses included in division (E)(1)(a) above, the following uses may be designated as permitted uses and established as such in the ordinance governing the particular Planned Development – Residential District:

1. Patio dwellings; and
2. Zero lot line residential developments.

(2)   Planned Development – Commercial (PD-C). Permitted uses shall be established in the conditions of the ordinance adopted by the Village Board governing the particular Planned Development – Commercial District. Specific uses may only include those uses designated as permitted or special uses in the business districts.

(3)   Planned Development – Industrial/Commercial (PD-I). Permitted uses shall be established in the conditions of the ordinance adopted by the Village Board governing the particular Planned Development – Industrial District. Specific uses may only include those uses designated as permitted uses in the I-1 District, special uses in the I-1 District, and permitted or special uses in the business districts, which are specifically related to the particular development.

(4)   Planned Development – Mixed Use (PD-MXD). Permitted uses shall be established in the conditions of the ordinances adopted by the Village Board governing the particular Planned Development – Mixed Use District. Specific uses may include those uses designated as permitted or special uses in any of the dwelling districts and permitted special uses in the B-1 Neighborhood Business District.

(F)   Minimum planned development site size. The minimum site size for any of the Planned Development Districts shall be five acres. This minimum site size may be waived by the Village Board upon report by the Plan Commission; if it is determined that the use proposed is desirable or necessary in relationship to the surrounding neighborhood; or, if the Village Board should determine such waiver to be in the general public interest.

(G)   Density and dimensional regulations and performance standards.

(1)   General standards.

(a)   The approval of the development plan may provide for such exceptions from the regulations associated with traditional zoning districts as may be necessary or desirable to achieve the objectives of the proposed planned development. No planned development shall be allowed which would result in:

1. Inadequate or unsafe vehicular access to the development;
2. Peak-hour traffic volumes exceeding the capacity of the adjoining or nearby streets. Capacity shall be based on a street providing “level of service D” as defined in the latest publication of Transportation and Traffic Engineers Handbook, Institute of Transportation Engineers;
3. An undue burden on public parks, recreation areas, schools, fire and police protection, and other public facilities which serve or are proposed to serve the planned development;
4. A failure to comply with the performance standards contained in § 154.062;
5. Other detrimental impacts on the surrounding area including, but not limited to, visual pollution.

(b)   In addition to the above requirements, all planned developments shall be subject to the review criteria established in § 154.127(A). It shall be the responsibility of the applicant to clearly establish that the above requirements are met.

(2)   Other codes. All requirements of other codes and ordinances of the village (such as, Building Code) shall be applicable.

(3)   Planned Development – Residential (PD-R).

(a)   Density. The density of residential development shall be consistent with the intent of the original underlying residential districts. While the district regulations specifies upper limits to residential density, density of a planned development may be limited to that which is established in the original residential district or which is consistent and compatible with nearby existing developed areas. Conversely, the density limits indicated in the district regulations may be exceeded on portions of the site within a PD-R District as long as the total site density limit is not exceeded. This is referred to as “density transfer”. Additionally, the total site density may be exceeded up to a limit, upon conclusion of the Plan Commission and the Village Board that the density bonus provisions contained in division (G)(3)(c) below have been satisfied. This is referred to as “density bonus”.

(b)   Calculation of density.

1. The computation of density shall be based on dwelling units per net acre for the entire site.
2. To compute the number of dwelling units per net acre, 15% of the gross acreage of the parcel shall be deducted and the net acreage divided by the lowest minimum lot size of the underlying residential district. The following provides an example of density calculation for a 20 acre tract in the R-3 District:

(d)   Development phasing. If the sequence of construction of various portions of the development is to occur in stages, then the open space and/or recreational facilities shall be developed, or legally provided for on a final plat, in reasonable proportion to the number of dwelling units intended to be developed during any given stage of construction as approved on a final plat by the Village Board. Furthermore, at no time during the construction of the project shall the number of constructed dwelling units per acre of developed land exceed the overall density per net acre established by the approved PD-R District.

(e)   Nonresidential uses in PD-R developments. Nonresidential uses are limited to those specifically listed in the dwelling zoning districts. Such nonresidential uses shall be subject to all requirements for lot area, width, height, yards, and setbacks prescribed in the district in which the proposed PD-R development is located.

(f)   Common open space requirements.

1. Common open space shall comprise at least 15% of the gross area of the residential development or be of a size equivalent to one acre for each 100 persons of expected population of the development, whichever is greater. For purposes of this division (G)(3)(f)1., the expected population shall be determined by multiplying the total number of dwelling units times two and one-half persons per dwelling unit.
2. Common open space shall be used for recreational, park, or environmental amenity purposes for the collective enjoyment of the occupants of the development.
3. In addition to the above open space requirements, the following regulates the use of this common open space in terms of physical surface characteristics, size, location, and physical improvements therein.
4. Of the required common open space, up to one-half of it may be covered by water, floodplain, stormwater detention/retention facilities or left in a natural state.
5. The area of each parcel of open space shall not be less than 6,000 square feet in area nor less than 30 feet in its smallest dimension. In addition, at least 50% of the common open space shall be contiguous or connected via pedestrian/bicycle paths or sidewalks.
6. To the extent practicable, common open spaces should be distributed equitably throughout the development in relation to the dwelling units which such common open space is intended to serve. The open space shall not be isolated in one corner of a development, but shall be highly accessible (physically and/or visually) to the residents of the development.
7. Where common open space is to be provided in a subdivided residential development, the use, operation, and maintenance of areas for common open space, common ground, and common buildings shall be guaranteed by the establishment of a trust indenture providing for such by a subdivision association or trustees. Said indenture shall be approved by the Village Attorney prior to recording the indenture simultaneously with the recording of the final plat.

(g)   Perimeter buffer requirements.

1. Where a PD-R development proposes residential development along the perimeter of the site, which is higher in density than that of an adjacent dwelling district, there shall be a minimum 30-foot wide buffer area. The buffer area shall be kept free of buildings or structures and shall be landscaped or protected by natural features so that all higher-density residential buildings are effectively screened from the abutting lower density residential property.
2. Where a PD-R development abuts a commercial or industrial use or district, there shall be a minimum 30-foot wide buffer area. This buffer area shall be permanent and landscaped and/or otherwise provided with screening (for example, sight proof fencing) so as to effectively screen the commercial or industrial use from the PD-R development.

(4)   Planned Development – Commercial or Industrial (PD-C or PD-I).

(a)   Site coverage. Total site coverage by uses permitted in the PD-C or PD-I Districts shall not exceed 70%, except as permitted in division (G)(4)(b) below.

(b)   Site coverage bonus. The Plan Commission may recommend and the Village Board may approve an increase in maximum site coverage from 70% up to 80%. In order to qualify for this bonus, the development plan must demonstrate compliance with four or more of the following performance criteria:

1. Incorporate storm drainage retention facilities as a site amenity;
2. Install storm drainage detention facilities underground;
3. Increasing parking lot landscaping by 50% more than otherwise required;
4. Submitting for approval developments on tracts that are five or more acres in size;
5. Design of principal access to the development tract at an approved location that allows for shared access by an adjacent property;
6. Construction of separate grade pedestrian and bicycle paths;
7. Providing for screened loading areas;
8. Demonstration of a development using innovative architectural, site planning, and land use design and of such quality as to set an excellent example for subsequent development or redevelopment projects; and
9. Any other performance criteria that further the goals, objectives, and policies of the Comprehensive Plan and that, in the opinion of the Plan Commission and Village Board warrant the approval of development bonuses.

(c)   Signage.

1. Signage shall be in compliance with §§ 154.090 through 154.098, unless the applicant for a PD-C or PD-I District designation elects to submit a comprehensive sign plan in addition to the submission of other required development plan documents. The Plan Commission may recommend, and the Village Board may approve, a comprehensive sign plan and such plan shall be made part of the ordinance approving the PD District. This chapter may contain conditions, requirements, or standards regarding signs that may be stipulated by the Village Board. Comprehensive sign plans approved under this section shall be evaluated based upon the following criteria.
2. Placement. All signs shall be placed where they are sufficiently visible and readable for their function. Factors to be considered shall include the purpose of the sign, its location relative to traffic movement and access points, site features, structures, and sign orientation relative to viewing distances and viewing angles.
3. Quantity. The number of signs that may be approved within any development shall be no greater than that required to provide project identification and entry signs, internal circulation, and directional information to destinations and development subareas and business identification. Factors to be considered shall include the size of the development, the number of development subareas, and the division or integration of sign functions.
4. Size. All signs shall be no larger than necessary for visibility and readability. Factors to be considered in determining appropriate size shall include topography, volume of traffic, speed of traffic, visibility range, proximity to adjacent uses, amount of sign copy, placement of display (location and height), lettering style, and the presence of distractive influences. In no event shall a plan contain a sign which exceeds by more than 50% either or both the maximum area standard and the maximum height standard contained in §§ 154.090 through 154.098, unless otherwise waived by the Village Board.
5. Materials. Sign materials shall be compatible with architectural and/or natural features of the project. This may be accomplished through similarity of materials for sign structures and faces, the use of complementary colors, similarity of architectural style, or the use of consistent lettering style and typography.
6. A request for approval for a comprehensive sign plan shall accompany the request for PD-C or PD-I zoning classification and shall include, but is not limited to, the following:
7. A site plan, depicting the proposed plan of development and illustration of proposed sign locations;
8. Descriptions and drawings indicating size, qualities, materials, and illumination; and
9. A narrative description of the common theme for signage within the development, how it relates to architectural and/or landscaping elements of the development, and how the comprehensive sign plan relates to each of the criteria set forth in this section.

(d)   Perimeter buffer requirements. Where a PD-C or a PD-I development abuts a dwelling district; there shall be a minimum 50-foot buffer area between any nonresidential use and the adjacent dwelling district. This buffer area shall be landscaped in accordance with § 154.057.

(e)   Minimum building setbacks. Building setbacks shall be in accordance with the approved site plan for a PD-C or PD-I development. Where a commercial or industrial use abuts a dwelling district, the minimum building setbacks established in the district regulations shall apply.

(5)   Planned Development – Mixed Use.

(a)   Density. Residential density shall not exceed eight dwelling units per net acre.

(b)   Site coverage. Total site coverage by uses permitted in the PD-MXD District shall not exceed 70%, except as permitted to be exceeded in accordance with (G)(4)(b) above.

(c)   Signage. See division (G)(4)(c) above.

(d)   Perimeter buffer requirements.

1. When the residential portion of the development is along the perimeter of the site and is higher in density than that of an adjacent dwelling district, there shall be a minimum 30-foot wide buffer area. The buffer area shall be kept free of buildings or structures and shall be landscaped or protected by natural features so that all higher-density residential buildings are effectively screened from the abutting lower density residential property.
2. When commercial development abuts a dwelling district, there shall be a minimum 50-foot buffer area between the commercial use and the adjacent dwelling district. This buffer area shall be landscaped in accordance with § 154.057.

(e)   Minimum building setbacks. Building setbacks shall be in accordance with the approved site plan for a PD-MXD. In no case shall a commercial or other nonresidential building be located closer than 25 feet from the property line of a lot located in a dwelling district.

(H)   Other development regulations applicable to PD Districts.

(1)   “Supplementary Regulations”, §§ 154.050 through 154.062;

(2)   “Off-Street Parking and Loading Requirements”, §§ 154.075 through 154.079;

(3)   “Signs”, §§ 154.090 through 154.098 (except as may be modified through a comprehensive sign plan; see division (G)(4)(c) above); and

(4)   Chapter 153 of this code.

(I)   Dedication and reservation of land. Whenever a planned development embraces all or any part of an arterial street, collector street, drainageway, or other public way which has been designated in the adopted comprehensive plan or other official plans of the village, sufficient land shall be dedicated or reserved on the development plan for said public improvements in a manner similar to that required of all subdivisions as specified in Chapter 153 of this code.

(J)   Sketch plan.

(1)   Sketch plan meeting.

(a)   Prior to petitioning for a rezoning to one of the planned development districts, the prospective applicant shall schedule a pre-application meeting with the Enforcement Officer. The Enforcement Officer may request that other village department representatives attend this meeting. At this meeting, the prospective applicant shall provide general information on the proposed development, including site location, existing site conditions, and a sketch plan of the proposed planned development. The Enforcement Officer shall report to the applicant, the staffs evaluation of the sketch plan, with respect to its compliance with the intent of the planned development regulations, as soon as practical after the meeting.

(b)   The sketch plan meeting is a required, but an informal procedure intended to benefit the prospective applicant, by allowing for an exchange of ideas, information, and to provide an opportunity to review the requirements of the PD District regulations with the prospective applicant. No formal approval from the Enforcement Officer or other village staff is required prior to proceeding with the preliminary development plan stage.

(2)   Contents of sketch plan. The information that should be included with the sketch plan is itemized in Chapter 153 of this code. In addition to items listed in that section, the following information shall be included as well:

(a)   Building outlines (footprints) of all structures, except one-family detached dwellings proposed on subdivided lots;

(b)   Circulation plan, including circulation drives and parking areas;

(c)   Conceptual landscaping plan, open space/common areas and buffer areas between the proposed development and adjacent properties.

(K)   Pre-application meeting with Plan Commission.

(1)   Prior to formal application of rezoning to a PD District, the applicant shall submit the sketch plan for review by the Plan Commission. The applicant shall submit ten copies of the sketch plan documents to the Enforcement Officer at least 20 days prior to the Plan Commission meeting at which the applicant wishes to have the plan reviewed;

(2)   Within 30 days of the pre-application meeting held to review the sketch plan, the Plan Commission shall inform the prospective applicant that the sketch plan does or does not meet the intent of the PD regulations. Any action by the Plan Commission on the sketch plan does not constitute approval or endorsement of a proposed development; and

(3)   Applicant attendance not mandatory.

(L)   Preliminary development plan procedure.

(1)   Preliminary development plan submittal requirements. The preliminary development plan submitted shall include the information required in Chapter 153 of this code. In addition to these submittal requirements, see division (K)(1) above for copies and submittal dates, and the following shall be submitted as applicable:

(a)   Gross and net acreage of tract;

(b)   Building outlines (footprints) of all structures, except one-family detached dwellings proposed on subdivided lots;

(c)   Internal private circulation drives and parking areas, except driveways associated with one-family detached dwellings proposed on subdivided lots;

(d)   Maximum number of dwelling units allowed per the original zoning district or districts;

(e)   Number of dwelling units proposed and number of bedrooms, when parking requirements are based on bedroom count per dwelling unit;

(f)   Number of off-street parking spaces required and proposed;

(g)   The location, gross floor area of, and distance between buildings and structures. Floor area for nonresidential uses shall be identified by use type;

(h)   The proposed location, size, landscaping, and general use of common ground, including recreational areas, plazas, and buffer areas. Landscaping information shall include location and approximate size (at time of planting) of all plant material by type (such as deciduous/coniferous trees, ornamental trees, shrub masses and ground cover including grassed areas, ivies, and the like). Landscaping within parking areas shall be included;

(i)   The location and details of all retaining walls, fences, and earth berms;

(j)   The location of all refuse collection facilities including screening to be provided;

(k)   Illustrative site cross-sections (two minimum) indicating edge conditions and internal grade changes in relation to principal variations of building elevations and site-lines to adjacent properties/structures;

(l)   Typical building elevations of sufficient scale and detail to illustrate building mass, exterior construction materials, and signage if applicable;

(m)   Project report to include an explanation of the character of the proposed development, verification of the applicant’s ownership, or contractual interest in the subject site and proposed development schedule; and

(n)   The applicant may be required to provide such additional clarification and/or detail of the site plan as determined by the Enforcement Officer or the Plan Commission.

(2)   Preliminary development plan review procedure.

(a)   The review procedure for a preliminary development plan shall be in accordance with the review procedure for a preliminary plat, specified under §§ 153.020 through 153.022. The Plan Commission may recommend approval, disapproval, or approval with amendments, conditions, or restrictions with respect to the preliminary development plan; and

(b)   Applicant attendance mandatory.

(M)   Public hearing on preliminary development plan and rezoning request. A public hearing on the rezoning request and the associated preliminary development plan shall take place before the Plan Commission in accordance with § 154.192(B).

(N)   Village Board action on preliminary development plan and rezoning request.

(1)   Village Board action on the rezoning request shall be subject to the provisions of § 154.192(C).

(2)   If the preliminary development plan is approved by the Village Board, it shall adopt a resolution approving said preliminary development plan, with conditions as may be specified and authorizing the preparation of the final development plan.

(3)   Simultaneously with the approval of the preliminary development plan, the Village Board shall adopt an ordinance rezoning the site to the appropriate PD District and said ordinance shall include, but not be limited to, the following:

(a)   Legal description of the development site;

(b)   The planned district zoning classification approved;

(c)   Reference to the resolution approving the preliminary development plan and which authorizes preparation of the final development plan;

(d)   A statement requiring approval of a final development plan and plat (if applicable), by the Village Board, prior to issuing building permits;

(e)   PD-R developments: the number and type of dwelling units authorized, including number of bedrooms per dwelling unit by type, and the total square footage authorized for any nonresidential use permitted;

(f)   PD-C and PD-I developments: the total square footage authorized for all commercial, office, and/or industrial uses;

(g)   PD-MXD developments: the number and type of dwelling units authorized, including the number of bedrooms per dwelling unit by type, and the total square footage authorized for commercial uses or other nonresidential uses;

(h)   Building and structure height limitations;

(i)   Minimum building setback requirements;

(j)   Off-street parking requirements (via reference to §§ 154.075 through 154.079);

(k)   Reference to §§ 154.090 through 154.098, or reference to an approved comprehensive sign plan, as provided for in division (G)(4)(c) above; and

(l)   Acreage and function of common open space.

(O)   Effect of approval of preliminary development plan and period of validity.

(1)   All conditions imposed as a part of any planned development shall run with the land and shall not lapse or be waived as a result of a subsequent change in ownership of any or all of said area.

(2)   Approval of the preliminary development plan by the Village Board is merely an authorization to proceed with the preparation of the final development plan.

(3)   Approval of the preliminary development plan shall be valid for a period of two years from the date of Village Board approval. If an application for final plan approval for all or a geographic portion of the preliminary plan has not been filed within the two-year period, then a resubmission of the preliminary development plan shall be required if the applicant intends to pursue final plan approval. The Village Board, upon recommendation from the Plan Commission, may grant up to a one-year extension, from the date that the period of validity expired. The Council may reject such resubmission of the same development plan in light of new facts and circumstances relating to the development plan.

(4)   In no case shall a building permit be issued prior to final development plan approval.

(5)   At such time the period of validity has expired, the resolution approving preliminary development plan shall become null and void. In the event that the development plan involved rezoning all or a portion of the property comprising the development, the Village Board may initiate proceedings to rezone the property to its original or other appropriate zoning district, in accordance with the procedures and requirements of §§ 154.190 through 154.193.

(P)   Final development plan procedure.

(1)   Final development plan submittal requirements. The final development plan shall include the required information described in Chapter 153 of this code, as applicable. In addition to these submittal requirements, the following shall be submitted:

(a)   The information required for the preliminary development plan, except that it be in its final form; and

(b)   The final landscape plan with specific location of all plant material, specifying size and species.

(2)   Compliance with approved preliminary development plan. The final development plan shall be in substantial compliance with the approved preliminary development plan. Modifications and refinements, resulting from the final design process may be approved. In no event shall any modification of the development plan result in the following:

(a)   A change in the use or character of the development;

(b)   An increase in building or site coverage;

(c)   An increase in the intensity of use (such as, number of dwelling units);

(d)   An increase in vehicular traffic generation or significant changes in traffic access and circulation; and

(e)   A reduction in approved open space or required buffer areas.

(3)   Final development plan review and approval. The procedure for reviewing and approving the final development plan shall be in accordance with §§ 153.070 through 153.072.

(Q)   Recording of final development plan. After the final development plan (and subdivision plat, if applicable), and other associated documents have been approved by the Village Board, the applicant shall record the final development plan in accordance with provisions of Chapter 153 of this code.

(R)   Amendments to final development plan.

(1)   Minor changes. Minor changes in the location, siting, and height of buildings and structures may be authorized by the Enforcement Officer if required by engineering or other circumstances not foreseen at the time the final plan was approved. No change authorized by this section shall cause any of the following:

(a)   A change in the use or character of the development;

(b)   An increase in building or site coverage;

(c)   An increase in the intensity of use (such as, number of dwelling units);

(d)   An increase in vehicular traffic generation or significant changes in traffic access and circulation;

(e)   A reduction in approved open space or required buffer areas; or

(f)   A change in the record plat.

(2)   Plan amendments. All proposed changes in use, or rearrangement of lots, blocks, and building tracts, changes in the provision of common open spaces, and changes which would cause any of the situations listed under division (R)(1) above shall be subject to approval by the Village Board. In such event, the applicant shall file a revised development plan and be subject to the requirements of this section as if it were an entirely new application pursuant to the requirements of division (M) above.

(S)   Failure to initiate construction after final development plan approval.

(1)   Period of validity. No approval of a final development plan shall be valid for a period longer than two years from the date of approval unless within such period a building permit is obtained and construction of a development’s foundation is commenced.

(2)   Extension. The Village Board may grant a one-year extension upon written request of the original applicant if the application submitted is substantially the same as the initially-approved application.

(3)   Lapse in period of validity. At such time as the period of validity of an approved final development plan lapses, the final development plan and all uses, terms, and conditions thereof may be declared null and void and the Village Board may initiate proceedings to rezone the site to its original or other appropriate zoning district in accordance procedures and requirements of §§ 154.190 through 154.192.

(Ord. 834, passed 2-1-2001; Ord. 987, passed 2-6-2014)

   (A)   Intent and purpose. The PA District is intended to accommodate those uses and groupings of uses which have a distinctly public character and to encourage the retention of certain properties in a relatively undeveloped state, such as public recreation uses or cemeteries.

   (B)   Permitted uses. The following uses permitted in the PA District. In addition to the land uses permitted in this district, certain other uses may be conditionally allowed per division (C) below. Other uses not listed, which are determined by the Enforcement Officer to be identical or similar to one or more of the following uses, may be permitted as well. When an unlisted use is proposed, which appears to meet the intent of this district but its potential impact is uncertain, then such use shall be considered a special use.

      (1)   Accessory uses (see § 154.056);

      (2)   Dwellings (one dwelling unit only) only when used by the caretakers and their families, who are employed in the allowable use of the premises;

      (3)   Home occupations (see § 154.059);

      (4)   Parks and playgrounds, public, including golf courses;

      (5)   Parks and recreational areas, semi-public or private; when owned and operated by a not-for-profit institution;

      (6)   Places of worship;

      (7)   Publically-owned buildings and properties of a cultural, recreational, administrative, or service type, including libraries, but not including auditoriums and other places of public assembly as a principal use;

      (8)   Public schools; and

      (9)   Public or private wildlife preservation and conservation areas, including floodplains.

   (C)   Special uses. The following uses may be permitted in the PA District, subject to the issuance of a special use permit in accordance with §§ 154.125 through 154.128:

      (1)   Airports, commercial;

      (2)   Auditoriums and other places of public assembly as a principal use;

      (3)   Cemeteries, including crematories and mausoleums in conjunction therewith, provided that crematories shall not be located closer than 500 feet to the lot line of any existing dwelling or the boundary of any dwelling district;

      (4)   Convents and rectories, in connection with a place of worship and located on the same or adjacent lot;

      (5)   Day care center;

      (6)   Dormitories;

      (7)   Hospitals, residential, and outpatient substance abuse treatment centers, and other institutions of a religious, educational, or charitable or philanthropic nature;

      (8)   Institutional offices;

      (9)   Public utility facilities;

      (10)   Publically-owned buildings or properties including repair yards, garages, or storage warehouses; and

      (11)   Schools, private; including college or university level facilities.

   (D)   Density and dimensional regulations.

      (1)   Minimum lot size.

         (a)   Lot area: no minimum; and

         (b)   Lot width: no minimum.

      (2)   Minimum building setbacks.

         (a)   Right-of-way setback: 25 feet; and

         (b)   Property line setback: none (except a property line setback of 50 feet shall be provided where such property line abuts a dwelling district. Also, see § 154.057 for screening requirements.

      (3)   Building height limitations.

         (a)   Height limit: 35 feet or three stories; and

         (b)   Height limit exceptions: upon special use permit approval (see §§ 154.125 through 154.128) or under an approved planned development (see § 154.037), buildings may exceed the height limit specified above, subject to the following increases in minimum building setbacks.

            1.   Right-of-way setback. The minimum building setback shall be increased by one foot for each two feet, or portion thereof, of increased building height, provided; however, that the setback from the right-of-way does not have to exceed 100 feet.

            2.   Property line setback. When adjacent to a dwelling district, the minimum building setback shall be increased by one foot for each two feet, or portion thereof, of increased building height, provided, however, that the setback from the property line does not have to exceed 100 feet.

      (4)   Maximum site coverage. Maximum site coverage is 50%. Site coverage computations shall take into account existing buildings, parking areas, and drives located within the same site, provided that the “same site” shall not include property located opposite and across any street right-of-way or other remote properties.

(Ord. 834, passed 2-1-2001)

   (A)   Intent and purpose.

      (1)   The purpose of the FP Floodplain Overlay District to restrict or prohibit uses which are dangerous to health, safety, and property due to floodwater inundation; to require that uses vulnerable to floods comply with certain development standards; and to control filling, grading, dredging, and other development which may increase erosion or flood damage.

      (2)   It is also the purpose of this district to comply with the rules and regulations of the National Flood Insurance Program as promulgated by the Federal Emergency Management Administration and the Federal Insurance Administration.

   (B)   Scope of provisions. This section contains the regulations for the FP Floodplain Overlay District of the village. Property zoned “FP” is also zoned under another applicable district established by this chapter or amendment thereto. The FP District constitutes an “overlay” district, and the other applicable zoning district constitutes the underlying zoning. This section controls in the case of any conflict between the regulations contained in this section and the regulations otherwise applicable to any property by virtue of its “underlying” zoning. All of the area within the FP District is the floodplain, as defined in this chapter, and is subject to all of the provisions of this section and said ordinance.

   (C)   Boundaries. The FP Overlay District boundaries shall be based on the flood boundary and floodway maps of the village prepared by the Federal Emergency Management Agency and dated August 4, 1987, and any official amendments thereto. The FP Overlay District within the extraterritorial jurisdiction of the village shall be based on the flood boundary and floodway maps of the county prepared by the Federal Emergency Management Agency and dated January 17, 1986, and any official amendments thereto.

   (D)   Permitted uses. Uses listed as permitted or special uses in the underlying district are allowed only if, and to the extent, such use meets the requirements of the underlying district and the regulations of the FP Floodplain Overlay District.

   (E)   Conditions of use. All permitted and special uses within the FP Floodplain Overlay District are subject to the following conditions of use.

      (1)   No person, firm, corporation, or governmental body not exempted by law shall commence any construction, substantial improvement, subdivision of land, or other development in the FP Floodplain Overlay District without first obtaining a development permit in accordance with the terms of this chapter.

      (2)   All public or private road surfaces shall be constructed above the base flood elevation, as defined in this chapter.

      (3)   No substantial improvement or addition to a building may take place unless the entire building is brought into compliance with the requirements of this chapter.

      (4)   No development shall occur in the floodway except the following uses:

         (a)   Bridges, culverts, roadways, walkways, railways, and any modification thereto, which are necessary for crossing the floodway;

         (b)   Floodproofing activities to protect existing structures including the construction of water-tight window wells, or construction of flood walls around residential, commercial, or industrial principal structures where the outside toe of the flood wall shall be no more than ten feet away from the exterior wall of the existing structure, which are not considered substantial improvements to the structure;

         (c)   Public flood control structures, dikes, dams, and other public works or private improvements relating to the control of drainage, flooding of existing structures, erosion, or water quality or habitat for fish, wildlife, and native vegetation;

         (d)   Storm and sanitary sewer outfalls; and

         (e)   Underground and overhead utilities.

(Ord. 834, passed 2-1-2001)

These regulations supplement and qualify regulations contained elsewhere in this chapter. Unless otherwise stated, the regulations hereafter established shall apply to all districts established by this chapter.

(Ord. 834, passed 2-1-2001)

Except for detached one-family and two-family dwellings, more than one principal building may be located on the same zoning lot provided that density and dimensional requirements of this chapter shall be met for each principal building as though they were on individual lots.

(Ord. 834, passed 2-1-2001)

   (A)   The maintenance of yards, other open space, and minimum lot area required for a structure shall be a continuing obligation of the owner of such property on which it is located as long as the structure is in existence.

   (B)   No required yards, other open space, or minimum lot area allocated to any structure shall be used to satisfy required yards, other open spaces, or minimum lot area requirements for any other structure.

   (C)   There shall be no obstructions permitted in required yards except as hereinafter set forth.

   (D)   Except as provided for in §§ 154.075 through 154.079, no required off-street parking area required for a use on a zoning lot shall be used to satisfy the required off-street parking for a use of another zoning lot.

(Ord. 834, passed 2-1-2001)

   (A)   Within the R-2 and R-3 Districts, a reduction in the minimum lot area and/or lot width for detached one-family dwellings may be granted by the Enforcement Officer if the lot area and/or width are consistent with the prevailing pattern of the record subdivision in which the lot is located.

   (B)   In determining the prevailing pattern of a subdivision, the lot area and/or width of at least ten of the closest lots shall be considered or, if there are fewer than ten lots, the prevailing pattern of the lots on the block frontage shall be considered.

   (C)   In no case shall an exception be granted for any lot which is less than 5,000 square feet in area nor less than 50 feet in width at the building setback line.

(Ord. 834, passed 2-1-2001)

Chimneys, cooling towers, elevator equipment enclosures, monuments, tanks, water towers, ornamental towers and spires, church steeples, radio, television, cellular or microwave towers, or necessary mechanical apparatus usually required to be placed above the roof level are not subject to the height limitations contained in the district regulations.

(Ord. 834, passed 2-1-2001)

   (A)   General setback exceptions. Every part of a yard between the property lines and the required building setback line shall be unoccupied and unobstructed by any structure or portion of a structure from ground level of the graded lot upward, except for the following.

      (1)   All yards.

         (a)   Hedges, flagpoles, and other customary yard accessories, ornaments, and furniture are permitted in any yard subject to location and size limitations, height limitations, and requirements limiting obstruction of visibility contained in this chapter (see § 154.061);

         (b)   Steps, ramps, or wheelchair lifts, four feet or less above grade, which are necessary for access to a permitted building or structure, or for access to a zoning lot from a street or alley. Guardrails, not exceeding 42 inches above the walking surface, are permitted as well;

         (c)   Awnings and canopies, projecting three feet or less into the required yard setback, except as provided for in division (A)(2)(c) below;

         (d)   Ordinary projections of chimneys or other vent pipes that are suitably concealed, projecting 18 inches or less into the required yard setback;

         (e)   Fences, subject to the requirements of § 154.058; and

         (f)   Traffic control devices, pad-mounted transformers, service pedestals, splice boxes, and similar appurtenances required for underground utility and cable systems.

      (2)   Front yards.

         (a)   Terraces shall not extend into the required front yard setback by more than ten feet. Guardrails around terraces are permitted as well, provided that such guardrails shall be limited to 42 inches above the surface of such terraces;

         (b)   One-story bay windows projecting three feet or less into the required front yard setback;

         (c)   Awnings, canopies, and marquees in the B-2 District are permitted to project into the street right-of-way, subject to the requirements and limitations of the Building Code;

         (d)   Overhanging eaves and gutters projecting four feet or less into the required front yard setback;

         (e)   Off-street parking areas and access drives (see § 154.077(C), for limitations on the location for such areas); and

         (f)   Signs, subject to the regulations contained in §§ 154.090 through 154.098.

      (3)   Rear yards.

         (a)   Terraces shall not extend into the required rear yard setback by more than ten feet. Guardrails around terraces are permitted as welt, provided that such guardrails shall be limited to 42 inches above the surface of such terraces;

         (b)   An elevated deck, covered or uncovered, provided that such deck shall not be enclosed nor shall extend into the required rear yard setback by more than ten feet;

         (c)   Accessory buildings, detached from the principal building, subject to dimensional requirements in § 154.056(B);

         (d)   Antennas and satellite dishes;

         (e)   One-story bay windows projecting three feet or less into the required rear yard setback;

         (f)   Overhanging eaves and gutters projecting four feet or less into the required rear yard setback;

         (g)   Children’s recreational equipment;

         (h)   Laundry drying lines;

         (i)   Air conditioning equipment; and

         (j)   Off-street parking areas and access drives (see § 154.077(C), for limitations on the location for such areas).

      (4)   Side yards.

         (a)   Terraces, provided that such terraces shall not be located within two feet of the side lot line. Guardrails around terraces are permitted as well, provided that such guardrails shall be limited to 42 inches above the surface of such terraces;

         (b)   Overhanging eaves and gutters projecting into the required side yard setback for a distance not to exceed 24 inches;

         (c)   Air conditioning equipment located not less than two feet from the side lot line; and

         (d)   Off-street parking areas and access drives (see § 154.077(C), for limitations on the location for such areas).

   (B)   Side yard setback exception for detached one-family dwellings. Within the R-2 and R-3 Districts, a reduction in the minimum side yard setback for detached one-family dwellings may be granted by the Enforcement Officer if the side yard widths are consistent with the prevailing pattern of the subdivision in which the lot is located. In determining the prevailing pattern of a subdivision, the side yards of at least ten of the closest lots shall be considered or, if there are fewer than ten lots, the prevailing pattern of side yards on the block frontage shall be considered. In no case shall an exception be granted which eliminates any of the off-street parking requirements and which does not meet the following minimum standards:

      (1)   A side yard of not less than four feet in width;

      (2)   A combined width of not less than nine feet for both side yards of the lot; and

      (3)   A combined width of not less than nine feet for the adjoining side yards of adjoining lots.

   (C)   Setbacks established by recorded subdivision plat. Where a recorded subdivision plat establishes a building setback line that is greater than that required by the applicable district regulations, the recorded subdivision setback requirement shall be the minimum setback. In no event shall the setback be less than the minimum established for the zoning district.

   (D)   Front yard setbacks for corner lots of record. Where a lot of record is located at the intersection of two or more streets, there shall be a front yard on each street side of the corner lot. However, in situations where the front face of an existing principal building is oriented to the narrower of the two front lot lines, the required front yard building setback from the longer of the two front lot lines may be reduced to a distance of 15 feet, or the established setback in the applicable recorded subdivision plat, whichever is greater. This exception shall not apply to reverse corner lots.

(Ord. 834, passed 2-1-2001)

   (A)   Permitted accessory uses, buildings, and structures. A permitted accessory use is any use or structure which complies with the definition of “Accessory Use” contained in § 154.004 including, but not limited to, the following typical uses:

      (1)   Garages or carports;

      (2)   A structure for storage or a greenhouse, when accessory to a one-family or two-family dwelling and subject to size limitations (see division (B) below);

      (3)   Antennas and satellite dishes;

      (4)   Fences, walls, and hedges;

      (5)   Private recreation facilities, including tennis courts;

      (6)   Outdoor swimming pools and hot tubs;

      (7)   Off-street parking areas; and

      (8)   Signs, subject to the provisions of §§ 154.090 through 154.098.

   (B)   Dimensional regulations. In addition to other dimensional regulations established elsewhere in this subchapter, the following dimensional standards shall apply to accessory uses, buildings, and structures.

      (1)   Garages or carports shall not exceed the height of the dwelling or 24 feet, whichever is less, and shall comply with the required principal building setbacks, except that a detached garage or carport may be located from the rear lot line by a distance of not less than five feet, and at least three feet from the side lot line.

      (2)   Parking structures, attached to the principal building, shall comply with the setback requirements for said principal building.

      (3)   Accessory structures and uses located in a rear yard shall be set back at least five feet from the rear lot line and at least three feet from the side lot lines.

      (4)   Accessory structures and uses shall maintain the same front setback as is required for the principal structure located on the zoning lot, except that off-street parking areas, fences, walls, uncovered terraces, and hedges may be located in required front or side yards, subject to the limitations contained in § 154.055.

      (5)   A structure for storage or a greenhouse, that is accessory to a one-family or two-family residential building, shall not exceed 250 square feet in gross floor area nor exceed 12 feet in height.

      (6)   On one-family detached or attached, and two-family dwelling lots, accessory structures may be built in the required rear yard, but not less than five feet from the rear lot line and three feet from the side lot line. At least 800 square feet of the required rear yard shall remain as private open space, unoccupied by such accessory structures.

      (7)   Private recreation facilities, including tennis courts and outdoor swimming pools and hot tubs shall be set back at least five feet from any lot line and at least 20 feet from any dwelling on an adjacent lot. Such facilities shall be screened from adjacent residential property with a fence and/or dense planting (see § 154.058 for fence regulations).

      (8)   An accessory building, that is detached from the principal building, shall be located behind the rear building line of the principal building.

      (9)   An attached private garage or carport shall comply with the required front yard building setback specified in the applicable district regulations.

      (10)   Accessory structures and uses shall otherwise comply with the dimensional regulations applicable to the district in which they are located.

   (C)   Other use limitations.

      (1)   No accessory structure shall be constructed and occupied on any lot prior to the time of the completion of the construction of the principal structure to which it is accessory.

      (2)   Accessory uses customarily incidental to residential uses, such as the use of a lot or portion thereof for a vegetable or flower garden and the keeping of domesticated animals are permitted, but not on a commercial basis or that creates a nuisance to adjacent or nearby residents.

      (3)   No garage or carport, attached or detached, shall be used for or converted to habitable space, unless it is demonstrated that the required off-street parking requirements and adopted building codes will be complied with (see §§ 154.075 through 154.079).

(Ord. 834, passed 2-1-2001)

   (A)   Planting specifications.

      (1)   General.

         (a)   Landscaping required by this chapter shall mean living plants in a combination of trees, shrubs, and/or ground cover.

         (b)   Unless otherwise stated in this chapter, all size specifications for plant materials shall be based upon the time of planting. When caliper is specified for tree planting, the caliper of the tree trunk shall be measured at 12 inches above the ground level.

      (2)   Planting types.

         (a)   Canopy trees. A self-supporting woody, deciduous plant having not less than a two and one-half inch caliper and reaches a mature height of not less than 20 feet and a mature spread of not less than 15 feet.

         (b)   Ornamental trees. A self-supporting woody, deciduous plant having not less than a one and one-half inch caliper and normally attains a mature height of at least 15 feet and usually has one main stem or trunk and many branches. Several species may appear to have several stems or trunks.

         (c)   Evergreen trees. A tree having foliage that persists and remains green throughout the year and having a height of not less than six feet and maturing to a height of not less than 20 feet.

         (d)   Shrub. A self-supporting woody perennial plant (deciduous or evergreen) of low to medium height characterized by multiple stems and branches continuous from its base and having a height of not less than two feet and normally maturing to a height of not more than ten feet.

         (e)   Ground cover. Plants, other than turf grass, normally reaching an average maximum height of not more than 24 inches at maturity.

   (B)   Screening between nonresidential and residential zoning districts.

      (1)   In situations where a nonresidential use is established adjacent to residentially zoned property, the developer of the nonresidential use shall provide the following screening within the required rear and/or side yard building setback areas.

         (a)   Within this setback, there shall be a landscaped buffer area not less than 15 feet in width, planted with one canopy tree for every 30 lineal feet of common property line or planted with evergreen trees spaced so that such evergreen trees create a continuous visual screen within five years after planting. Combination of canopy trees, evergreen trees, ornamental trees, and shrubs are permissible and encouraged, provided that such landscaping, in the opinion of the Enforcement Officer, will effectively screen the nonresidential uses from the view of the abutting residential zoned properties.

         (b)   In addition, there shall be placed at the property line a neat, clean, and maintained sight-proof fence or wall having a minimum height of six feet but not more than eight feet. Where a loading area or access drive thereto is within 50 feet of residentially zoned property, the fence shall be eight feet in height.

      (2)   In situations where a residential subdivision (more than three lots) or other multiple dwelling unit development is constructed on a site that is adjacent to business- or industrially-zoned lot, the developer of the residential subdivision or development shall provide the following increase in setbacks and screening.

         (a)   The minimum setback for the principal residential buildings shall be increased by 15 feet along the common property line separating the residential and commercial or industrial zoning district. A permanent buffer strip of a minimum of 15 feet shall be established adjacent to and parallel to the said common property line(s). This strip shall be indicated on the approved subdivision plat and/or development plan and annotated with the following statement: “This strip is reserved for landscape screening. The placement of buildings or other structures hereon is prohibited.”

         (b)   Within this buffer strip, there shall be a landscaped area planted with one canopy tree for every 30 lineal feet of common property line or planted with evergreen trees spaced so that such evergreen trees create a contiguous visual screen within five years after planting. Combination of canopy trees, evergreen trees, and shrubs are permissible and encouraged, provided that such landscaping, in the opinion of the Enforcement Officer, will effectively screen the nonresidential property from the view of the residential subdivision or development.

         (c)   In addition, there shall be placed at the property line a neat, clean, and maintained sight-proof fence or wall having a minimum height of six feet, but not more than eight feet.

   (C)   Screening of building mechanical or electrical equipment. Major mechanical and electrical systems should be located within the building envelope, if possible. In situations where this is not possible, the following screening standards shall apply to all building mechanical and electrical equipment located outdoors. Exceptions: developments in the I-1 District and air conditioning units associated with individual residential dwellings need not comply with these screening requirements.

      (1)   Ground-mounted equipment. Exterior equipment may be located at ground level, or depressed below ground level, so that the maximum height does not exceed eight feet. The equipment shall not be visible between the ground level and six feet above ground level of any street adjoining the property or from adjacent properties. Screening may be achieved with a wall that is consistent with and/or complementary to the exterior material of the principal building or with dense landscaping. In no case shall ground-mounted building equipment be located between the principal building and a public right-of-way or private street.

      (2)   Roof-mounted equipment. All rooftop building service equipment shall not be visible between the ground level and six feet above ground level of any street adjoining the property or from adjacent properties. All mechanical equipment shall be screened by an integral element of the architectural design of the building or a separate permanently installed screen which harmonizes with the building in terms of material, color, size, and shape. Rooftop equipment shall be permitted, without screening, if it is of a low profile design and in a location on the roof which is not visible between the ground level and six feet above ground level of any street adjoining the property or from adjacent properties.

   (D)   Screening of refuse disposal containers.

      (1)   For all nonresidential developments, outside storage of refuse shall be in suitable, covered, containers and shall be located so that such containers cannot be seen from adjacent streets or properties. Where such containers cannot be so located, the containers shall be screened from view from all four sides with a wood, masonry fence (brick, stone, or textured and pigmented concrete, with an opaque gate made of metal or wood, but excluding chain link or wire) having a minimum height of six feet but not more than eight feet.

      (2)   For all residential developments, outside storage of refuse shall be in suitable, covered, containers and shall be located so that such containers cannot be seen from adjacent streets or properties. In multifamily developments having shared outside trash storage containers, such containers shall be screened from view from all four sides with a sight proof fence or wall, consistent with the architectural character of the multifamily dwellings. Chain-link fences, with opaque slat inserts, shall not be permitted for this purpose.

      (3)   Exceptions to screening requirements:

         (a)   Refuse containers located adjacent to alleys are exempt from screening requirements on the alley side; and

         (b)   Refuse containers associated with one-family and two-family dwellings are exempt from screening requirements.

   (E)   Landscaping of off-street parking areas.

      (1)   Landscaping requirements for parking areas adjacent to streets. Where a parking lot, having 20 or more parking spaces is adjacent to or is visible from any public or private street, the entire frontage along said parking area, excluding entrance drives, shall be landscaped as follows:

         (a)   Two canopy trees and two shrubs shall be planted for every 40 feet of frontage, to be located within a strip of land paralleling the adjacent street and having a width of not less than ten feet. Trees do not have to be placed 40 feet on center. Strategic placement and grouping of trees and shrubs is encouraged. Incorporation of ground cover in the planting scheme is also encouraged.

         (b)   Other than turf grass or ground cover, landscaping of ground paralleling the adjacent street shall be located outside of the street right-of-way. The Enforcement Officer may permit required landscaping within the street right-of-way if it can be demonstrated that no reasonable alternative exists and that written authorization is provided by any affected public agency or utility company that has jurisdiction over the right-of-way or has easement rights.

         (c)   A maximum of 50% of the required number of trees may consist of ornamental trees. The Enforcement Officer may authorize an increase in this percentage where canopy trees may interfere with overhead wires.

         (d)   The required number of trees and shrubs may be reduced by up to 50% if earth sculpting, berms, or decorative screening walls are installed on private property along the frontage of the adjacent street to a height of not less than three feet above the grade of the parking area and, in the opinion of the Enforcement Officer, are designed to effectively screen the parking area yet avoid erosion, drainage, or maintenance problems.

         (e)   No landscaping, walls, or berm that exceeds 24 inches in height shall be located within ten feet of any parking lot access drive or otherwise located so as to interfere with the sight distance visibility of vehicular traffic or pedestrians.

      (2)   Landscaping requirements for interior areas. A parking lot, having 40 or more parking spaces, shall be landscaped as follows.

         (a)   A minimum of 20 square feet of interior landscaped areas shall be provided for each parking space. The landscaping shall be in one or more areas so as to break up the apparent expanse of the parking area and, whenever feasible, located at the ends of parking rows abutting circulation aisles. In order to qualify as interior landscaped area, said area shall be located wholly within or projecting inward from the boundaries of the parking area. The landscaped strip, as required under division (B) above, shall not qualify as an interior landscaped area, regardless of its width or depth.

         (b)   Individual interior landscaped areas shall have a minimum area of 50 square feet and a minimum width of nine feet. One canopy or ornamental tree shall be planted for every 400 square feet of the total of all interior landscaped areas. Trees shall be evenly spaced whenever possible.

         (c)   A maximum of 50% of the required number of trees may consist of ornamental and/or evergreen trees.

      (3)   Protection of landscaping. Landscaped areas shall be protected from the encroachment of motor vehicles by placing, along the entire perimeter of the landscaped area, a six-inch concrete curb or other curbing material approved by the Enforcement Officer.

   (F)   Installation and maintenance of landscaping.

      (1)   Immediately upon planting, all trees shall conform to the American Standard for Nurserymen, published by the American Association of Nurserymen, Inc., as revised from time to time.

      (2)   All new landscaped areas shall be installed prior to the occupancy or use of the building or premises; or if the time of the season or weather conditions are not conductive to planting, the Enforcement Officer may authorize a delay for such planting up to six months after occupancy or use of the buildings or premises. Dead plant materials shall be replaced in a timely fashion with living plant material, taking into consideration the season of the year, and shall have at least the same quantity and quality of landscaping as initially approved.

      (3)   All landscaping and screening shall be maintained in a healthy, neat, trimmed, clean, and weed-free condition. The ground surface of landscaped areas shall be covered with either grass and/or other types of pervious ground cover located beneath and surrounding the trees and shrubs.

      (4)   Any required landscaped area, greater than 150 square feet in area, shall be provided with an underground irrigation system or be provided with a potable water supply within 50 feet of said landscaped areas, or equivalent means.

   (G)   Tree preservation.

      (1)   Significant healthy existing trees, having a diameter of eight inches or greater, as measured at diameter breast height (DBH) above the established ground level shall be preserved, except as provided herein.

      (2)   Trees on a proposed development site meeting the above criteria shall be shown on the site plan. Such trees to be removed shall be indicated on the site plan. Tree preservation techniques, such as installation of retaining walls, shall be indicated on the site plan and/or in supplemental detail drawings.

(Ord. 834, passed 2-1-2001)

   (A)   Fence height and location.

      (1)   Residential districts.

         (a)   Interior lots. Fences, having a height of not more than six feet, are permitted in the rear yard. A fence may be three feet in height and be located in front or side yard. Such fences or walls shall comply with the requirements of § 154.061.

         (b)   Corner lots. Fences, having a height of not more than six feet, are permitted in the rear and side yards, provided that a fence, greater than three feet in height, shall not extend beyond either the established front face of the principal building on the lot or the principal building on the adjoining lot, whichever is closest to the street.

         (c)   Reverse corner lots of record. Fences, having a height of not more than six feet, are permitted between the side of the principal building and the street right-of-way line, provided that such fences, greater than three feet in height, shall be located at or behind the established front building line of the adjoining lot, if said lot developed, or at or behind the minimum front building setback line of the adjoining lot, if not developed.

         (d)   Through lots. Fences, having a height of not more than six feet, are permitted in the yard adjacent to the right-of-way that does not serve as the access to the lot and for all intents and purposes is used as the rear yard, provided that fences greater than three feet in height shall not extend beyond the established front building line of a lot fronting onto such right-of-way and located within the same block, or the minimum front building setback line of such lot, if not developed.

      (2)   Nonresidential districts.

         (a)   In any nonresidential district, no fence shall exceed eight feet in height except for recreational courts.

         (b)   In nonresidential districts, fences are permitted in any yard, with the following limitations.

            1.   Except for the I-1 and PA Districts, fences in the front yard shall be limited to decorative wood or low masonry walls of architectural quality (brick, stone, or textured and pigmented concrete). The height of such fences shall not exceed six feet in height except columns that are integral to the fence design, may exceed six feet.

            2.   Within the PA District, fences are allowed to extend into the front yard only as necessary to contain a playground area or for sport activity areas in parks.

      (3)   Exceptions.

         (a)   Fence height in dwelling districts may be increased to eight feet, in accordance with § 154.057(B).

         (b)   Fences having a height of not more than six feet are permitted in the front yard of a lot within a dwelling district, provided that the lot is five acres or greater in size and such fences shall be at least 75% open (such as, post and rail fences).

         (c)   Recreational courts may be bounded by an open (no slats) chain-link fence up to ten feet in height, provided that such fences be located at least 20 feet from any abutting residential property. Such fences in any dwelling district shall be located within the rear yard.

         (d)   Fences (or walls), used as a decorative feature and/or as a backdrop to an identification sign for a subdivision, apartment, condominium, or planned development entrances, may exceed the above stated maximum heights, subject to site plan review and approval (see §§ 154.110 through 154.113), compliance with § 154.061, and compliance with § 154.093(C).

   (B)   Fence materials.

      (1)   Except as otherwise provided for in division (B)(2) below, fence material shall be that which is designed and intended for use in fence installations, including decorative masonry (such as, brick, stone, or textured and pigmented concrete) and decorative wood. Makeshift material such as two inch by four inch lumber and plywood is not permitted, except for temporary protective barriers on properties undergoing construction or demolition activities. All fences shall be maintained in a structurally sound condition and otherwise in a neat and clean appearance.

      (2)   Barbed or razor wire shall not constitute any part of a fence in any dwelling district. In all other districts, barbed or razor wire may be attached to the fence, above six feet.

   (C)   Fences surrounding swimming pools. Swimming pools shall be completely surrounded by a protective barrier with a minimum of five feet from the ground. An occupancy permit is required.

   (D)   Fences at street intersections. Fences, at or near street intersections or access private drives, shall comply with § 154.061.

(Ord. 834, passed 2-1-2001; Ord. 942, passed 1-6-2011)

Home occupations are permitted as an accessory use to a residential use in any district subject to the requirements of this section.

   (A)   Restrictions and limitations.

      (1)   Home occupations shall be operated entirely within the principal residential dwelling and/or accessory buildings and shall not occupy more than 25% of the total floor area including basement or finished attic spaces, with the use of the dwelling for a home occupation being clearly incidental and subordinate to its use for residential purposes by its occupants.

      (2)   The appearance of the dwelling shall not be altered in a manner which would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, or the emission of sounds, noises, or vibrations, except that one non-illuminated sign not greater than one square foot in area may be affixed to the dwelling in which the home occupation is located.

      (3)   Home occupations shall be conducted by only the residents of the dwelling unit and not more than one nonresident of the dwelling unit.

      (4)   No outdoor storage of materials or equipment used in the home occupation shall be permitted.

      (5)   No storage or display of materials, goods, supplies, or equipment related to the operation of a home occupation shall be visible from the outside of the residence.

      (6)   No equipment shall be utilized that creates a nuisance due to odor, vibration, or noise.

   (B)   Examples of uses that frequently qualify as home occupations. The following are typical examples of uses which often can be conducted within the limits established herein and thereby qualify as home occupations. Uses which qualify as home occupations are not limited to those named below, nor does this listing automatically qualify it as a home occupation:

      (1)   Artists, sculptors and authors or composers;

      (2)   Dressmakers, seamstresses, tailors;

      (3)   Home crafts, such as model making, rug weaving, and lapidary work;

      (4)   Ministers, rabbis, priests;

      (5)   Music and dance teachers, provided that instructions shall be limited to one pupil at a time, except for occasional groups (see division (C)(1) below);

      (6)   Office facilities for architects, engineers, lawyers, Realtors, insurance agents, brokers, and members of similar professions;

      (7)   Office facilities for sales representatives or manufacturers’ representatives, when no sales are made or transacted on the premises (other than by telecommunications);

      (8)   Office facilities for contractors, cleaning services, landscapes, and other similar enterprises; and

      (9)   Psychologists, counselors, and social workers, provided that the conduct of services be limited to one client at a time, except for occasional groups (see § 154.059(C)(1)).

   (C)   Prohibited home occupations. The following uses by their nature have a tendency, once started, to increase beyond the limits permitted for home occupations and thereby impair the use and value of a residentially zoned area. Therefore, the uses specified herein (other than personal) shall not be permitted as home occupation:

      (1)   Any home occupation that involves periodic group meetings/sessions more than four times during any consecutive 12-month period;

      (2)   Any home occupation that involves the congregation of two or more nonresident employees, clients, subcontractors, or other persons engaging in business activity at a dwelling unit;

      (3)   Dancing schools;

      (4)   Medical or dental offices or clinics, including chiropractors, veterinarians, podiatrists, and similar professions;

      (5)   Motor vehicle repair or service;

      (6)   Painting of vehicles or large household appliances;

      (7)   Tourist home, including bed and breakfast; and

      (8)   Home occupations which negatively impacts the residential character of the neighborhood.

(Ord. 834, passed 2-1-2001)

   (A)   Temporary uses permitted.

      (1)   Christmas tree sales. Christmas tree sales may be permitted in any of the business districts for a period not to exceed 60 days. The site shall be cleared and cleaned within ten days after Christmas day.

      (2)   Contractor offices. Temporary buildings or trailers may be used as construction offices, field offices, or for storage of materials to be used in connection with the development of a tract of land, provided that said temporary structures are removed from said tract within 30 days after completion of the development. Temporary buildings or trailers must also be removed from said tract within 30 days after voluntary suspension of work on the project or development or after revocation of building permits, or on order by the Enforcement Officer upon a finding that said temporary structure is deemed hazardous to the public health and welfare.

      (3)   Real estate offices. Temporary real estate sales offices may be established in a display unit in a multi-lot subdivision or multi-unit condominium residential development. Such temporary real estate sales offices shall be established only for the marketing and sale of residential properties within the development project where the sales office is located.

      (4)   Outdoor amusement activities. The Enforcement Officer is authorized to approve the operation or conducting of an outdoor amusement activity on a temporary basis within any zoning district. For the purpose of this division (A)(4), OUTDOOR AMUSEMENT ACTIVITY includes a circus, carnival, fair, arts and crafts festival, trade or animal show, concert, rally, parade, athletic competition and any similar activity not involving the erection of any permanent structure or facility. The Enforcement Officer may require such assurance or guarantee of compliance with conditions as is reasonable and appropriate under the circumstances. This approval is in addition to any building permit, or other permit or license, required by law for any proposed activity or facility.

   (B)   Limitations on temporary commercial uses.

      (1)   Notwithstanding other provisions of this chapter, temporary outdoor sales of products or services shall be limited to the tenant or owner/occupant of commercial property upon which such outdoor sales take place. This shall not apply to temporary outdoor sales that are associated with food or agricultural products approved by the Health Department or nonprofit organizations and where such sales are for charitable purposes only, or to temporary on-site services that are accomplished within a two-hour time period (such as, windshield repair/replacement service).

      (2)   Except for sidewalk sales within the B-2 District, no temporary commercial activity shall take place within a street right-of-way.

(Ord. 834, passed 2-1-2001)

On any corner lot nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially obstruct or impede vision between a height of two and one-half and ten feet above the centerline grades of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining points along said street lines 12 feet from the point of intersection.

(Ord. 834, passed 2-1-2001)

(A)   Purpose and intent. The following performance standards are established for the purpose of minimizing any negative impacts caused by a land use on adjacent land uses.

(B)   Applicability. Any use, whether existing or hereafter established in the village or within its extraterritorial jurisdiction (see § 154.002) shall comply with the performance standards of this section.

(C)   Performance standards.

(1)   Hazardous conditions. Every use shall be so operated as to comply with the applicable standards and enforcement provisions contained in the most current Building Code and Fire Prevention Code, as adopted by the village.

(2)   Vibration. Every use shall be so operated that the maximum ground vibration generated is not perceptible without instruments at any point on the lot lines of the property on which the use is located.

(3)   Noise; measurement; sounds.

(a)   Noise. The sound pressure level, to be measured as described below, shall not exceed the following decibels (dB) in the various octave bands when adjacent to the designated types of use districts.

(b)   Method of measurement.

1. Measurements are to be made at the property line of sound source that is adjacent to a dwelling or business property located within a dwelling or business district.
2. The sound levels shall be measured with a sound level meter and associated octave band filter as prescribed by the American National Standards Institute, Inc.

(c)   Intermittent sounds. Intermittent sounds that normally would be objectionable within residential areas (such as, exterior paging system) shall be controlled so as not to become a nuisance to a residential area.

(4)   Odor and waste. Processes and equipment employed and goods processed or sold shall be limited to those which are not objectionable by reason of odor, dust, smoke, refuse, water-carried waste, pollutants, or other matter which in any manner creates a nuisance beyond the property line of a particular use.

(5)   Glare and heat. Any operation producing intense glare or heat shall be performed in an enclosure in such a manner as to be imperceptible along any lot line without instruments.

(6)   Exterior lighting. Lighting within any property that unnecessarily illuminates another property and interferes with the use and enjoyment of such other property is prohibited. In furtherance of this requirement, all lighting on a lot shall be so arranged or designed using cut-off lenses as necessary to direct light away adjoining properties or streets. Flood and spot lights shall be shielded when necessary to prevent glare on adjoining properties and streets.

(D)   Enforcement of performance standards.

(1)   Whenever, in the opinion of the Enforcement Officer, there is a reasonable probability that any use or occupancy violates these performance standards, he or she is hereby authorized to employ qualified professionals or technicians to perform whatever investigations and analyses in order to make a determination on whether or not a violation exists.

(2)   (a)   In the event that a violation is found to exist, the violator shall be liable for the reasonable fee of the professionals and/or technicians employed to perform such investigations and analyses only if the violator has been given reasonable notice of the pending investigation and informed of the violators’ liability for the costs of such investigations and analyses.

(b)   Such fees may be recovered as a penalty in the same manner as, and in addition to, the penalties specified in § 154.999.

(Ord. 834, passed 2-1-2001)  Penalty, see § 154.999

It is the purpose of these off-street parking and loading requirements to provide for sufficient accessory use areas for the temporary parking of motor vehicles and for loading and unloading of transport vehicles associated with large multifamily dwellings, commercial uses, and industrial uses. The requirements for off-street parking and loading spaces are intended to reduce the congestion on the streets due to excessive use of such streets for parking and/or loading and unloading of motor vehicles. However, certain exceptions from these requirements are provided for under special circumstances. These exceptions are provided as a practical matter so as not to unduly limit the reuse of existing developed properties by strictly imposing off-street parking space standards. Furthermore, because substantial public parking supply is available in portions of the B-2 District, certain exceptions from these requirements are provided for in this district. Even with the exceptions from the regulations contained in this subchapter, it is not the intent to permit such exceptions that would result in undue impacts of overflow parking from one use onto other properties or public rights-of-way.

(Ord. 834, passed 2-1-2001)

For every use, activity, or structure permitted by this chapter, and for all buildings or structures erected in accordance therewith, there shall be provided sufficient space for access and off-street standing, parking, circulation, unloading, and loading of motor vehicles that may be expected to transport their occupants, whether as patrons, residents, customers, employees, guests, or otherwise, to an establishment, activity, or place of residence at any time under normal conditions for any purpose. Except as otherwise provided for in this subchapter, when a use is expanded or changed, accessory off-street parking and loading shall be provided in accordance with the regulations herein for the area or capacity of such expansion or change.

(Ord. 834, passed 2-1-2001)

(A)   Construction requirements.

(1)   Surfacing and drainage.

(a)   Parking areas. All open off-street parking areas and driveways, except required parking spaces accessory to one-family and two-family dwellings, shall be graded and paved with a durable dust-free and hard material, such as bituminous hot mix or Portland cement concrete, or some comparable specified above. All parking areas and driveways shall be properly drained so as to avoid surface puddling or any nuisance or damage to adjacent property.

(b)   Loading areas. All loading spaces shall be improved with a compacted select gravel base, not less than seven inches thick, and surfaced with an all-weather dustless material, such as bituminous hot mix or Portland cement concrete, suitably designed for intended use.

(2)   Perimeter curbing. Except for parking areas necessary to one-family and two-family dwellings, fixed and permanent wheel bumpers or curbs of concrete or comparable material at least four inches high shall be installed for each parking stall which is located along the perimeter of any off-street parking area.

(B)   Vehicular access and circulation.

(1)   Access.

(a)   Access to parking and loading areas. Off-street parking or loading areas shall be provided with vehicular access via curb-cuts and access drives from an improved street or alley which will least interfere with vehicular and pedestrian traffic. Except for off-street parking accessory to one-family and two-family dwellings, such parking areas shall be designed to avoid motor vehicles backing into public streets, alleys, or sidewalks.

(b)   Access to parking and loading spaces. Each off-street parking and loading space shall be accessible directly from an aisle or driveway. The only exception to this requirement is off-street parking associated with residential dwellings (other than apartment dwellings) and parking reserved exclusively for vehicle sales, leasing, or rental.

(2)   Parking area delineations. All parking lots shall be striped to provide a visible indicator for vehicle circulation and parking maneuvers. Parking spaces and other circulation markings shall be restored, as necessary, to maintain a clear identification of separate parking stall spaces and other markings at all times.

(3)   Traffic control. Vehicular traffic to, from, and within an off-street parking or loading area shall be controlled by appropriate traffic control signs, surface markings, and curb islands. All parking areas which will, in the opinion of the Enforcement Officer, generate a significant volume of traffic movement shall have its entrances clearly marked and designated as to direction of traffic flow or other conditions of use of the access driveway by the use of low-profile signs.

(C)   Location of parking areas.

(1)   All required off-street parking shall be provided on the same zoning lot occupied by the use or building to which it is appurtenant, except as provided for below.

(2)   In the event that there exist practical difficulties in satisfying the requirement for parking spaces and/or if the public safety and convenience would be adequately served by another location, the Enforcement Officer may authorize an alternate location, subject to the following conditions.

(a)   If parking is to be located elsewhere than on the lot which the principal use is located, then the off-site property to be utilized for parking shall be in the same possession (either by deed, or by easement, or long-term lease which has a term equal to or exceeding the projected life or term of lease of the facility) as the owner of the principal use. In addition, the owner of property used for off-site parking shall be bound by covenants filed in the office of the County Recorder of Deeds, requiring such owner, successors, assigns to maintain the required number of off-street parking spaces during the existence of such principal use utilizing the property for parking.

(b)   Such off-site parking areas shall be located not more than 500 feet from the nearest primary entrance to the principal building being served, provided the lot, for which off-site parking is to be provided, is located in a zoning district that permits a parking lot or structure as a principal use. In addition, such off-site parking areas shall not be located so as to cause persons to cross an arterial street to get from said parking area to the principal use which it serves.

(D)   Parking and loading area setback requirements.

(1)   (a)   Except as otherwise limited by the provisions of this chapter, parking areas, circulation aisles, and driveways may be located in a required front yard, side yard, or rear yard; provided that a minimum of five-foot setback is maintained between the parking area and the property lines.

(b)   Exception: where no building setback is required by this chapter, or where a parking area is to be located adjacent to a similarly zoned property and cross-access is provided between the two properties, the five-foot setback requirement shall not apply to the cross-access drive.

(2)   No loading space shall be closer than 35 feet to any property in a residential district unless said space is completely enclosed by a building. No loading space shall be located within any area where parking is prohibited by this chapter.

(3)   On lots developed with one-family or two-family dwellings, no motor vehicle shall be permitted to be parked between the dwelling and any street unless such vehicle is parked upon a driveway. Said driveway shall conform to all of the following standards:

(a)   The driveway shall not be wider than 40% of the width of the lot on which the driveway is located or 36 feet, whichever is less;

(b)   The driveway shall not cover more than 40% of the required front yard; and

(c)   In all instances, no vehicle shall be parked so as to have any portion of the vehicle located over a public or private sidewalk or pedestrian way.

(E)   RV (recreational vehicle), campers, trailers, boats and commercial motor vehicle parking.

(1)   RV’s (recreational vehicle), campers, trailers, boats and commercial motor vehicles may not be parked in front yards or between the house and the street, except when loading, unloading, cleaning or servicing.

(2)   In residential districts, RV’s, trailers, campers, boats and commercial motor vehicles may be parked in side yards, rear yards and enclosed garages and buildings subject to the following regulations:

(a)   RV’s, campers, trailers, boats and commercial motor vehicles shall not be parked closer than five feet to any property line of the lot and may not extend past the front of the residential structure;

(b)   Parked RV’s, trailers, campers, boats and commercial motor vehicles shall not encroach on or block the view of the roadway right-of-way from any adjoining property;

(c)   In no case may RV’s, campers, trailers and boats be parked or stored on village-owned property or on roadway rights-of-way;

(d)   All RV’s, campers, trailers, boats and commercial motor vehicles shall be parked or stored on an asphalt, concrete or other hard surface material;

(e)   No RV, camper, trailer, boat or commercial motor vehicle may exceed 30 feet in length, eight feet in width or 11 feet in height; and

(f)   RV’s, campers, trailers, boats and commercial motor vehicles may not be used or occupied for living or business purposes.

(F)   Dimensional standards.

(1)   Parking areas. Except for off-street parking associated with one-family, two-family dwellings, and as otherwise provided in this section, the minimum dimensional requirements shown in Figure 1 shall apply to all off-street parking areas.

Figure 1

A: Angle of parking stalls

B: Stall width

C: Vehicle projection (stall depth, perpendicular to curb)

D: Aisle width

E: Curb length per parking stall

F: Width of parking bay (curb to curb)

G: Width of parking bay (double loaded aisle)

H: Width of double loaded parking stalls

(2)   Loading areas. The area of loading berths or spaces shall be at least 12 feet in width and at least 25 feet in length (45 feet for tractor/trailer loading berths), exclusive of aisle and maneuvering space, and shall have a vertical clearance of at lest 14 feet.

(3)   Exceptions to dimensional standards.

(a)   Additional aisle width and turning radii may be required to accommodate emergency vehicles and equipment, or where the aisle serves as a principal means of access and circulation within the site, including access to loading spaces, drive-through facilities, or trash storage facilities.

(b)   If the desired parking angle is not specified in this section, the Enforcement Officer may specify other equivalent dimensions associated with the desired parking angle by interpolating from dimensional standards specified in this section.

(c)   The Enforcement Officer may authorize a reduction in the vehicle projection (stall depth), as specified in this section, where parking stalls front along the curbed perimeter portion of the parking area (without wheel stops or bumpers). This reduction shall only be permitted where such a reduction will not result in an obstruction to pedestrians on adjacent sidewalks and where there is sufficient clearance between the curb and the vehicle overhang. The reduction shall comply with the dimensional limitations contained in Figure 2.

(d)   Vehicle stacking lanes (queuing or waiting area for drive-through facilities) shall be a minimum of 11 feet by 20 feet per required stacking space.

(e)   A 90 degree compact car stall dimension of not less than eight feet by 17 feet may be used for off-street parking that is in excess of the minimum required parking spaces as set forth in this subchapter. To the extent possible, such smaller parking spaces shall be located in a single contiguous area that is clearly marked for use by compact vehicles only. Aisle widths associated with allowable compact car parking spaces shall be the same as required in this section.

(f)   Off-street parking spaces for vehicles, other than personal passenger vehicles, shall be of a size (exclusive of aisle, drives, and maneuvering space) sufficient to accommodate the length and width of the vehicle as well as the opening of vehicle doors for ingress and egress.

(G)   Landscaping requirements. See § 154.057(E).

(Ord. 834, passed 2-1-2001; Ord. passed 8-1-2019)

   (A)   Determination of required number of spaces.

      (1)   Employees. Employees, when used as a measurement for determining the number of parking spaces, shall be based on the number of employees that can be expected to be on the premises during the largest shift. The number of employees shall be based on the use activity operating at full capacity.

      (2)   Floor area. Except as otherwise described in the minimum off-street parking and loading spaces (§ 154.079) the term “floor area”, as employed in this subchapter, shall include the sum of the area of horizontal surfaces of all floors of a building, measured from the exterior faces of exterior walls, less the floor area devoted to elevators, stairwells, mechanical rooms, restrooms, and areas devoted to off-street parking or loading.

      (3)   Uses not specifically established on site plan or not listed in schedule of required parking. If there is any uncertainty with respect to the amount of parking space required by the provisions of this subchapter as a result of any indefiniteness as to the proposed use of a building or of land, the maximum requirement for the general type of use that is involved shall govern. In the event that a development proposal includes uses not specifically listed in the schedule of required parking and loading, the Enforcement Officer shall determine the number of required parking spaces based on the similarity of such use(s) to other uses contained in § 154.079.

      (4)   Fractional parking spaces. When application of the schedule of parking requirements as hereinafter provided calls for a certain number of parking spaces, plus a fraction of a space, then such fraction shall be rounded up to the nearest whole number to determine the number of spaces required.

   (B)   Handicap parking. Parking spaces for physically handicapped persons shall comply with the standards set forth in the State Accessability Code.

   (C)   Parking for multiple use buildings. The number of spaces required for land or buildings used for two or more persons, shall be the sum of the requirements for the various uses, computed in accordance with this subchapter. Parking facilities for one use shall not be considered as providing the required parking facilities for any other use, except as provided for in § 154.079(A)(2).

   (D)   Prohibited off-street parking activities and uses. The following off-street parking uses are expressly prohibited:

      (1)   Off-street parking of vehicles or vehicular parts or accessories in violation of the Motor Vehicle Ordinance; and

      (2)   The use of recreational vehicles for living, sleeping, or housekeeping purposes when parked or stored in a dwelling zoning district.

   (E)   Use of parking spaces. Except as expressly permitted by this chapter, no off-street parking area shall be utilized for any other purpose.

   (F)   Use of loading spaces. No loading space shall be utilized for any other purpose nor be used to satisfy any of the required off-street parking spaces.

   (G)   Lighting.

      (1)   Lighting standards for parking lots, private drives, and other public activity areas.

         (a)   Applicability. For residential uses, lights shall be installed in all parking areas containing five or more parking spaces and shall be illuminated between dusk and dawn. For nonresidential uses, lights shall be installed in all parking areas containing five or more parking spaces and shall be illuminated between dusk and dawn whenever said premises are open for operation. OPENED FOR OPERATION shall be any time that a retail business is open for the sale of goods or services or a retail, office, or industrial facility actually has employees working within or upon said premises, other than guards, watchmen, or home occupations.

         (b)   Illumination standards. Where lighted areas are required, the following illumination standards (in foot candles) shall apply:

            1.   Minimum initial level at any point on the parking area or drive:

               a.   Residential use: 0.07;

               b.   Commercial/industrial use: 0.50; and

               c.   Other uses: 0.30.

            2.   Average initial level:

               a.   Residential use: 0.35;

               b.   Commercial/industrial use: 1.00; and

               c.   Other uses: 0.50.

            3.   Maximum initial level, five feet from the base of a light standard:

               a.   Residential use: 3.00;

               b.   Commercial/industrial use: 8.00; and

               c.   Other uses: 5.00.

         (c)   Height requirements. Except for low level accent lighting, the lighting source shall not be less than 15 feet or greater than 30 feet above grade.

      (2)   Excessive illumination. Lighting within any property that unnecessarily illuminates any other property and substantially interferes with the use or enjoyment of such other property is prohibited. In furtherance of this requirement, all lighting on private property shall be so arranged or designed using cut-off lenses as necessary to direct light away from adjoining premises and streets. Flood and spotlights shall be shielded when necessary to prevent glare on adjoining properties or streets and to avoid visual interference with traffic control devices. Detailed lighting design plans and calculations shall be provided when deemed necessary by the Enforcement Officer.

(Ord. 834, passed 2-1-2001)

(A)   Generally.

(1)   Divisions (B) and (C) below contain the required minimum number of parking and loading spaces for permitted uses, special uses, and uses authorized under the planned development procedure.

(2)   (a)   In situations where a use is proposed that the schedule of parking and loading requirements does not adequately address parking requirements for such use, then such use shall be considered a special use, if not already special use.

(b)   The special use permit for such use shall specify the required number of off-street parking spaces that satisfies the peak demand for parking associated with such use.

(c)   In making its determination, the Plans Commission and Village Board shall consider information on the parking demand associated with the proposed use as presented by the applicant and village staff.

(B)   Schedule of off-street parking space requirements.

(C)   Schedule of off-street loading space requirements.

(1)   Offices and personal or community service establishments.

(a)   One loading space for each such use having greater than 6,000 square feet of floor area.

(b)   Such uses include, but are not limited to, schools, administrative or professional offices, medical or dental offices, indoor recreation facilities, and places of public assembly.

(2)   Apartment dwellings. Any building containing more than 50 dwelling units shall provide one loading space for every 200 units or fraction thereof.

(3)   Business, commercial, or industrial uses. Every building containing over 3,000 square feet of floor area designed or adaptable for retail business purposes, or manufacturing, warehouse (other than self-service storage), or wholesale uses shall be provided with loading spaces in accordance with the following schedule:

It is the intent and purpose of this subchapter to provide sign regulations that promotes the following objectives:

   (A)   Effective visual communication without excessive proliferation or size of signage;

   (B)   Protection of the public from unsafe signs by requiring proper location, installation, and maintenance, and avoiding undue distractions to persons driving motor vehicles; and

   (C)   Provision of a quality community image, thereby protecting and enhancing the economic vitality of the village by ensuring that the village remains a desirable place to live, visit, and conduct business.

(Ord. 834, passed 2-1-2001)

Except as otherwise provided for in § 154.037(G)(4)(c), the provisions of this subchapter shall govern the installation, erection, painting, or display of any outdoor sign or sign which is designed to be seen by the public from out of doors.

(Ord. 834, passed 2-1-2001)

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Also, unless expressly stated, the following words or terms shall, for purposes of this subchapter, have the meanings indicated in this section.

   BILLBOARD. See SIGN, OFF-PREMISES ADVERTISING.

   NAMEPLATE. A nonelectrical sign identifying only the name and occupation or profession of the occupant of the premises on which the sign is located.

   SIGN. Any display, name, identification, description, illustration, device, building, or building treatment which is visible to the public and which directs attention to a product, place, activity, person, service, institution, profession, business, or solicitation.

   SIGN, BANNER. A temporary sign made of cloth, fabric, or other light weight temporary material with or without a structural frame.

   SIGN, CHANGEABLE COPY. A sign on which copy is changed manually thereon.

   SIGN, CONSTRUCTION. A temporary on-premises sign used during construction of new buildings, substantial additions to buildings, or exterior remodeling, which denotes a project name and/or identifies the architects, engineers, developers, contractors, and the like. See § 154.004 for the definition of “substantial addition”.

   SIGN, DIRECTIONAL. A sign which is designed and erected solely for the purpose of traffic or pedestrian direction and placed on the property (except as otherwise provided for in this subchapter) to which or on which the public is directed.

   SIGN, FLASHING. A sign which contains an intermittent flashing light source or which includes the illusion of intermittent or flashing light by means of animation or an externally mounted intermittent light source; any sign in which any part of the light source varies in intensity and/or hue and flashes or appears to flash or turn on and off; or a sign in which a message constantly flashes or turns on and off, or alternates with other copy by means of rotating or otherwise moving portions of the sip.

   SIGN, FREESTANDING (POLE AND MONUMENT SIGNS). A pole sign, not attached to a building, and supported wholly by uprights, braces, or posts; or a monument sign, not attached to a building, whereby the majority or the entirety of the base of the sign is attached directly to the ground, or attached to a permanent base not exceeding three feet in height.

   SIGN, MARQUEE. A sign attached to, in any manner, or made part of a marquee.

   SIGN, OBSOLETE. A sign which no longer correctly directs or exhorts any person, advertises a bona fide business, lessor, owner, product, or activity conducted or product available on the premises where such sign is displayed, but not including real estate signs.

   SIGN, OFF-PREMISES ADVERTISING. An outdoor sign, display, device, figure, painting, drawing, message, plaque, poster, billboard, or other thing designed, intended, or used to advertise or inform the traveling public of an establishment, products, services, entertainment, or other information which is not sold, produced, or furnished upon the property in which the sign is located.

   SIGN, OPEN LETTER.

      (1)   A wall sign consisting of individual or connected lettering not mounted on any type of background other than a building or the surface of an integral architectural element which is a part of a building.

      (2)   The surface which forms the background for the letters shall not be illuminated from behind.

   SIGN, PARKING DIRECTION. A sign indicating the entrance or exit to a parking lot.

   SIGN, PARKING REGULATION. A sign stating the regulations for use of a parking lot or individual or groups of parking spaces therein.

   SIGN, PORTABLE. Any sign not permanently attached or intended to be permanently attached to the ground or to a building.

   SIGN, PROJECTING. A sign which is attached directly to a wall or similar architectural element which is an integral part of a building, and which extends more than 15 inches from the face of the wall.

   SIGN, PUBLIC SERVICE MESSAGE. An electronic or electrically controlled public service message sign which conveys only information such as time, date, temperature, atmospheric conditions, or general news information where different alternating copy changes are shown on the same lamp bank matrix without giving the appearance of directional movement.

   SIGN, REAL ESTATE. A sign pertaining to the sale or lease of real estate.

   SIGN, ROOF. A sign erected on or above a roof, parapet, or roof eave, when installed in a manner such that the sign or any portion thereof extends beyond the limits of the visible surface of the roof or wall when viewed from normal eye level from the adjacent public street right-of-way.

   SIGN, TEMPORARY. A sign which is not illuminated and is intended for a limited period of display, including decoration displays for holidays or civic purposes.

   SIGN, WALL. A sign which is attached directly to a wall or similar architectural element which is an integral part of a building, and which extends not more than 15 inches from the face of the wall.

   SIGN, WINDOW. Any sign painted on, attached to, or displayed in a window so as to direct attention of persons outside the building to a product or activity of the institution or business on the premises.

   TEMPORARY PROMOTIONAL DISPLAY. A temporary sign or signs displayed so as to attract attention to the sale of merchandise or services, or a change in policy or in the status of a business.

(Ord. 834, passed 2-1-2001)

   (A)   Permit required. It shall be unlawful for any person to erect, alter, relocate, or replace the face of any sign within the village without first obtaining a building permit from the Enforcement Officer, in accordance with the Village Building Code. This provision shall not apply to signs listed under § 154.094(B).

   (B)   Determination of sign area.

      (1)   The surface area of a sign shall be computed by including the entire area within a perimeter of not more than eight straight lines, or a circle or an ellipse, enclosing the extreme limits of the writing, representation, emblem, or other display, together with any material, framing, or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed.

      (2)   The posts or other supporting structures associated with a pole sign shall not be included in computing the sign area. In computing the sign area for a monument sign, the entire area of the sign shall be considered, exclusive of its elevated landscape planter box or base structure.

      (3)   For two-sided, multi-sided, or three-dimensional signs, the sign surface area shall be computed by including the total of all sides designed to attract attention or communicate information that can be seen at any one time by a person from one vantage point. Without otherwise limiting the generality of the foregoing.

         (a)   Except for projecting signs, the sign surface area of a double-faced, back-to-back sign shall be calculated by using the area of only one side of such sign, so long as the distance between the backs of such signs does not exceed three feet. Both sides of a projecting sign shall be counted in determining size of such signs.

         (b)   The sign surface area of a double-faced sign constructed in the form of a “V” shall be calculated by using the area of only one side of such sign (the larger side if there is a size difference), so long as the angle of the “V” does not exceed 30 degrees.

      (4)   For open letter signs, only two-thirds of the area, computed in accordance with divisions (B)(1) above, shall be counted as the area of the sign.

      (5)   Signs area on walls of circular buildings and other buildings with curved or irregular wall surfaces: the horizontal length of any single wall of a building that is characterized by multiple curved walls or irregular walls shall be measured as a straight line extending between both visible ends of the wall comprising of the multiple curves or irregular wall alignments.

   (C)   Miscellaneous regulations.

      (1)   Building Code requirements. All signs shall comply in every respect with the Building Code of the village, including, but not limited to:

         (a)   No sign shall be erected, displayed, or maintained so as to obstruct any fire escape, any required exit way, window, or door opening used as a means of egress, or to obstruct any other means of egress required by the Building Code of the village; and

         (b)   No sign shall be erected, displayed, or maintained in a manner that interferes with any opening required for ventilation under the Building Code of the village.

      (2)   Projection into right-of-way. No sign shall project beyond a right-of-way line, except for the following:

         (a)   Wall signs, provided that such signs extend over a public sidewalk and has a bottom clearance of not less than eight feet;

         (b)   Projecting signs provided that such signs extend over a public sidewalk; not extend more than three feet into the right-of-way; and has a bottom clearance of not less than eight feet;

         (c)   Signs mounted on or under a canopy, awning, or marque which is permitted to project into a right-of-way, in accordance with § 154.055(A)(2)(c), and where the bottom edge of the sign is not less than eight feet above the sidewalk or pedestrian way; and

         (d)   Banner signs, provided that such signs shall not project into the right-of-way by more than two feet and have a bottom clearance of not less than 14 feet. The structure to which the banner signs are attached (such as, light standard) shall be able to withstand the additional wind load caused by such sign per the village’s Building Code.

      (3)   Sign illumination. Internal and external illumination of signs shall concentrate the illumination upon the area of the sign so as to prevent glare upon the street or adjacent property.

      (4)   Miscellaneous advertising objects prohibited. No goods, wares, merchandise, or other attention-getting object, other than a sign as defined herein shall be used as an advertising object. This provision shall not be construed so as to prohibit the display of motor vehicles for sale or other outdoor storage and display of merchandise permitted by this chapter.

      (5)   Signs not to constitute traffic hazard.

         (a)   No sign shall be erected at the intersection of any streets in such a manner as to obstruct free and clear vision; or at any location where, by reason of the position, shape, or color, it may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal, or device; or which makes use of the words “stop”, “go”, “look”, “danger”, “one-way”, “yield”, or any other word, phrase, symbol, or character in such a manner as to interfere with, mislead, or confuse traffic.

         (b)   Sign placement shall be in accordance with the requirements contained in § 154.061.

      (6)   Electrical hazards. No freestanding sign shall be erected within eight feet of any line conductors, service drops, or power lines.

(Ord. 834, passed 2-1-2001)

   (A)   Prohibited signs. The following types of signs are prohibited in all zoning districts of the village:

      (1)   Moving signs of which all or any part of the sign moves or which appears to move by any means, including fluttering or rotating;

      (2)   Flashing signs, except illuminated signs which indicate the time, temperature, weather, or other similar information shall not be considered flashing signs, provided that the total area of such sign is not greater than 16 square feet, the vertical dimension of any letter or number is not greater than 24 inches, and the color or intensity of light is constant except for periodic changes in the information display, which occur not more frequently than once every 30 seconds;

      (3)   Signs on public land or public rights-of-way, except for those erected at the direction or with the permission of a public authority, real estate open house signs, and signs authorized to project into a right-of-way in accordance with this subchapter;

      (4)   Portable signs placed on the premises of an individual business or a multi-tenant center in excess of the time limits for such signs as specified in § 154.096(F)(5);

      (5)   Signs attached to, painted on, or placed on any vehicle, including a trailer that is parked in a location so as to serve as a sign. This provision is not to be construed so as to prohibit the identification of a business or its principal products on a vehicle operating during the normal course of business or parked after business hours, provided parking takes place as inconspicuously as possible and the duration of the parking does not exceed a period of 16 hours, except on weekends or holidays;

      (6)   Window signs exceeding 25% of surface area of all ground level windows for each building face;

      (7)   Off-premises advertising signs, except as authorized in § 154.097;

      (8)   Real estate signs, displayed after seven working days following the removal of the property from the market, or that do not comply with the provisions of divisions (B)(1) below;

      (9)   Obsolete signs remaining 30 days after they become obsolete;

      (10)   Signs installed, erected, enlarged, or structurally altered in violation of the provisions of this subchapter;

      (11)   Signs which have become deteriorated or damaged to an extent that the cost of the reconstruction or restoration of such signs is in excess of 50% of its replacement value exclusive of foundations; and

      (12)   Other signs not expressly permitted by this subchapter.

   (B)   Permit exceptions. Except as otherwise limited in this subchapter, the following types of signs are permitted, without a permit, in all of the zoning districts of the village:

      (1)   Real estate signs:

         (a)   Consisting of temporary signs not exceeding four square feet in gross area for each 10,000 square feet of lot area or fraction thereof and not exceeding three feet in height for each 10,000 square feet of lot area or fraction thereof, provided the height limitations shall not apply to signs displayed in windows or attached directly to building walls. Height shall be measured from the ground at the base of the sign to the highest point of the sign or its support. Such signs shall be displayed only on the premises which are for sale or lease, with only one such sign permitted for each street frontage; and such signs shall be removed within seven days following the removal of the property from the market. In all dwelling districts, real estate signs shall not be greater than six square feet in area; and

         (b)   Real estate open house signs and open house directional signs shall be permitted only during open house hours and when the owner or a representative of the owner is in attendance. Such directional signs may be located off-premises and within a street right-of-way, subject to the requirements of § 154.061. Location of such signs in street rights-of-way not under the control of the village shall be subject to the permission of the applicable authority (such as, State Department of Transportation). The pursuit of such permission shall not be the responsibility of the village.

      (2)   Construction signs, provided only one such sign may be erected on each street frontage for the duration of such construction activities and provided that no sign shall not exceed 50 square feet in area. Signs for exterior remodeling in any dwelling district shall not exceed six square feet in area. Such sign(s) shall be located on the property upon which the construction activity is taking place;

      (3)   Official public notices and notices posted by a public authority in accordance with public notice requirements as may be required by law, including village codes;

      (4)   Governmental signs for the control or direction of traffic and other public purposes, such as neighborhood watch program signs, historical markers and plaques, or temporary emergency signs;

      (5)   Non-illuminated signs in connection with political campaigns (such as, political offices and referenda), civic noncommercial campaigns, and other noncommercial messages subject to the conditions stated below.

         (a)   Number. The number of signs related to civic noncommercial messages shall be limited to one per civic noncommercial campaign or other noncommercial message for each street frontage. There shall be no limitation on the number of political campaign signs.

         (b)   Height. In any dwelling district, the signs described in this division (B)(5) shall be limited to ground mounted signs and shall not exceed a height of four feet. In all other districts such signs shall not exceed a height of ten feet.

         (c)   Area. The gross area of the signs, described in this division (B)(5) shall not exceed 16 square feet in area per sign for residentially zoned areas, and 32 square feet in other such areas and shall be set back a minimum of 15 feet from all street right-of-way lines.

         (d)   Sign display time limitations. In the case of signs associated with civic noncommercial campaigns or other noncommercial messages, such signs may be displayed 30 days prior to and seven days after the event for which they are intended. There shall be no display time limitations on political campaign signs.

      (6)   “No parking” or “no trespassing” signs which are no larger than one square foot in gross sign area;

      (7)   Name plates attached to a structure and not exceeding one square foot in gross sign area, when used to advertise professional services or home occupations permitted in the zoning district where the sign is located;

      (8)   Window signs painted, or applied in decal form, within business and industrial districts only, not exceeding two square foot in gross sign area for each business located on the ground floor of the premises;

      (9)   Window signs, within business and industrial districts only, not exceeding 25% of surface area of all ground level windows for each building face. Window signs shall be limited to the ground floor level;

      (10)   Show window signs, within business and industrial districts only, in a window display of merchandise, when incorporated and related in content to such display and not attached to the window, except as permitted in division (B)(9) above;

      (11)   Single identification signs, within business and industrial districts only, not exceeding four square feet in gross sign area which are hung below a canopy or awning attached to a building in any business or industrial district;

      (12)   Barber poles, within business and industrial districts only, not exceeding six inches in diameter or more than two feet in height, that are attached to a building located in any business or industrial district;

      (13)   Flags of any governmental unit of the United States, State of Illinois, or other noncommercial organization;

      (14)   Gravestones;

      (15)   Temporary residential garage sale signs including, but not limited to, garage sale, patio sale, yard sale, porch sale, basement sale, or any similarity thereto, that do not exceed six square feet and located upon premises where the sale is taking place. These signs shall be removed within 24 hours following the completion of the sale;

      (16)   Signs of less than ten square feet in area indicating the name of a building, date of construction, monumental citation, commemorative citation, and similar signs when carved into stone, cast in concrete, or material made of bronze, aluminum, or other permanent type of fabrication and made an integral part of the structure;

      (17)   Signs warning of on-site hazards, such as height clearances, and provided that such signs shall be kept to the minimum size possible while effectively warning of such hazard;

      (18)   Address numbers; and

      (19)   Special purpose signs identified under § 154.096(D), but not including marquee signs.

   (C)   Subdivision or development identification signs. Up to two permanent subdivision or development signs (one on each corner of the entry street) not exceeding 64 square feet in size each, inclusive of any logo, shall be allowed for any planned development, subdivision, multiple-family (apartment) or condominium development with ten or more lots or units, or for any commercial or industrial subdivision, or commercial/industrial planned development with five or more lots. Where the subdivision or development has access on two or more streets, or has more than one entrance on one street, identification signs shall be allowed at each entrance. These signs are subject to permitting process.

   (D)   Places of worship, public and semi-public facility signs. Places of worship, hospitals, schools, parks and recreational facilities, libraries, auditoriums, clubs and lodges, and similar facilities shall be permitted one freestanding or wall sign not to exceed 24 square feet, exclusive of one religious symbol without lettering. Such facilities having frontage on two or more streets, shall be permitted one freestanding or wall sign on each street frontage. These signs are subject to permitting process.

   (E)   Sign placement. No sign shall be placed in or project over a street right-of-way line, except as provided for herein, including signs on canopies, awnings, or marquees that are permitted to project into a right-of-way under the provisions of § 154.055(A). No portion of a freestanding sign shall be located closer than five feet to a property line or two feet to a right-of-way line.

(Ord. 834, passed 2-1-2001; Ord. 942, passed 1-6-2011)  Penalty, see § 154.999

It shall be unlawful to erect, permit the erection of, display, or permit the display of any sign in connection with a residential use or in a dwelling zoning district unless such sign is expressly permitted by this subchapter, subject to all of the limitations and provisions stated herein.

   (A)   One-family and two-family dwellings. No signs, other than those permitted under the provisions of § 154.094(B) and (C), as applicable, shall be permitted in any of the one-family or two-family dwelling districts, or in connection with one-family and two-family dwellings in other zoning districts.

   (B)   Multiple-family residential uses. The following types of signs, subject to the limitations prescribed herein, shall be the only signs permitted in the R-3 District or in connection with multifamily residential developments in other districts:

      (1)   Signs permitted under the provisions of § 154.094(B) and (C), as applicable;

      (2)   One parking direction sign not exceeding six square feet in gross sign area and not exceeding a height of three feet, for each driveway serving ten or more dwelling units;

      (3)   One parking regulation sign not exceeding six square feet in gross sign area for each ten parking spaces or fraction thereof; and

      (4)   One dormitory, fraternity, or sorority identification sign (non-illuminated) not exceeding nine square feet in area nor five feet in height shall be permitted on the premises of such dormitory, fraternity, or sorority. Such signs shall be limited to a freestanding (monument type) or wall signs mounted no higher than eight feet.

(Ord. 834, passed 2-1-2001)

  (A)   Freestanding signs.

      (1)   General provisions.

         (a)   Subject to the provisions of this section, each building, regardless of the number of lots upon which it may be located, shall have no more than one freestanding sign located along the street frontage that serves as the primary access for the lot(s) on which said building is located.

         (b)   Where there are two or more street frontages, one additional freestanding sign may be located along the street frontage that serves as the secondary access for the lot(s) on which said building is located, if that street frontage is in excess of 200 lineal feet.

         (c)   For the purpose of the above provisions, an aggregation of two or more structures and/or businesses connected by a wall, fire wall, facade, or other structured element, except for a sidewalk, shall constitute a single building.

      (2)   Specific regulations and exceptions.

         (a)   Notwithstanding other limitations in this section, no freestanding sign shall exceed 200 square feet in area, nor 15 feet in width. Larger sign sizes may be permitted only under the provisions of § 154.037(G)(4)(c), and divisions (A)(2)(d) and (A)(2)(e) below.

         (b)   Freestanding signs shall be permitted up to 30 square feet in the B-1 Neighborhood Business District.

         (c)   No freestanding sign shall exceed 30 feet in height, measured from the crown of the nearest roadway with access to the property.

         (d)   Signs 80 feet in height are permitted only in the area lying south of a line 660 feet north of the centerline of Southbrook Road and any Southbrook Road extensions and not within 200 feet of residential property except the residential subdivision known as Lou’s Meadows Subdivision, First Addition. Signs in this area may have increased dimensions as follows: sign area no greater than 450 square feet, and sign width no greater than 30 feet.

         (e)   Signs of a height approved by the Federal Aviation Administration of no more than 182 feet in height only in the area lying 500 feet north of the centerline of Interstate 72 and not within 200 feet of residential property. Signs in this area may have increased dimensions as follows: sign area no greater than 450 square feet, and sign width no greater than 30 feet.

   (B)   Canopy, projecting, and wall signs.

      (1)   General provisions.

         (a)   Subject to the provisions of this section, each business establishment shall have no more than one wall, canopy, or projecting sign on each of any two walls that are exterior walls of the particular business. In addition to identifying a particular business, such signs may be used for the name and/or logo of the building or development.

         (b)   In buildings containing multiple tenants, the owner of such building may assign smaller or greater sign sizes for each tenant, provided that the sum of the area of each business sign does not exceed the sum of the allowable sign area for each business.

      (2)   Specific regulations and exceptions.

         (a)   The area of a wall or canopy sign shall not exceed 10% of the wall area, to which the sign is attached, of the building space occupied by the particular business. Countable wall area shall include the entire surface of the wall, including the vertical face of a mansard roof, whether real or artificial, which extends above the wall of the business on which the sign is attached. However, the countable area of mansard roofs shall be limited to the area not greater than six feet above the eave line of the roof. The area of any one sign shall not exceed 300 square feet.

         (b)   When a building facade is located more than 300 feet from a street, the size of a wall sign may be increased one square foot for each one foot in excess of 300 feet that the building facade is located from the street that the sign faces; provided, however, that the area of such sign shall not exceed 15% of the wall to which the sign is attached.

         (c)   Businesses in the B-1 Neighborhood Business District shall be limited to one wall, canopy, or projecting sign oriented to the street providing principle access to the business. No such sign shall exceed 20 square feet in size.

         (d)   Canopy or awning signs may be attached to or painted directly on a canopy or awning, provided such signs shall not extend beyond the bottom edge of such canopy or awning.

   (C)   Roof signs.

      (1)   Roof signs shall not project more than five feet from the portion of the roof to which the sign is affixed.

      (2)   Roof signs shall not exceed 5% of the wall area which they most closely parallel and may be permitted in lieu of, but not in addition to, a wall, canopy, or projecting sign.

      (3)   Roof signs shall not be permitted in the B-1 Neighborhood Business district or the ORI Office, Research, and Light Industrial District.

   (D)   Special purpose signs. Signs authorized in this section are not to be included in calculating the allowable sign area for a particular development.

      (1)   Parking direction signs. Freestanding parking direction signs shall be permitted for each driveway provided the sign does not exceed six square feet in gross sign area, the sign height does not exceed three feet, and no portion of the sign is located closer than 12 feet from a street curb line. If the sign is located at a private driveway which is for the exclusive use of a single business or institution, the sign may contain the name or address of such business or institution. If the driveway is not for the exclusive use of a single business or institution, the parking directional sign shall be limited to directional information only and shall not contain any other information such as the name or address of a business or institution.

      (2)   Directional and traffic control signs. Directional signs other than parking direction signs shall not exceed four square feet in area or ten feet in sign height and shall not be located within 50 feet of a public or private right-of-way.

      (3)   Parking regulation signs. One non-illuminated parking regulation sign, not exceeding four square feet in gross sign area and not exceeding ten feet in sign height, shall be permitted for each parking lot. Parking lots with more than 20 parking spaces shall be permitted one sign for each 20 parking spaces or fraction thereof.

      (4)   Marquee signs. Marquee signs for the theaters, cinemas, exhibition centers, and similar public assembly uses shall be permitted only upon issuance of a special use permit in accordance with §§ 154.125 through 154.128.

   (E)   Changeable copy signs. Changeable copy signs shall be permitted in conjunction with an otherwise permitted sign so long as the combination of the changeable copy sign and the permitted sign shall not exceed the size limitation of the permitted sign.

   (F)   Supplementary regulations.

      (1)   Permitted special purpose signs may either be freestanding or a wall sign affixed to a building or affixed to a wall or fence. When affixed to a building, such signs shall not project above the lowest elevation of the roof.

      (2)   (a)   A restaurant with a drive-through facility may have either one freestanding or one wall menu sign per lane not to exceed 40 square feet in area.

         (b)   No freestanding menu sign shall exceed eight feet in height or width or be illuminated in any manner other than from an internal source.

      (3)   (a)   A financial institution with an outdoor automatic teller facility may have either one freestanding or one wall sign not to exceed 16 square feet in area.

         (b)   No freestanding sign shall exceed eight feet in height or width or be illuminated in any manner other than from an internal source.

      (4)   One public service message sign shall be permitted when integral to a freestanding or wall sign. The illuminated message area shall not exceed ten square feet in area and shall be counted in determining allowable sign area.

      (5)   (a)   Temporary promotional displays attached to building surface shall be permitted for a maximum of ten consecutive calendar days on not more than four separate occasions during a calendar year, with a gross sign area equal to the maximum gross sign area permitted for a wall sign for said use.

         (b)   Such temporary promotional displays may include window signs, banner signs, and portable signs. With respect to portable signs, the above time limitations shall be applicable to the development as a whole, whether it is an individual business enterprise, on its own lot, or a multi-tenant center.

      (6)   Regulations for any signs may be made more or less restrictive in the conditions of the ordinance governing a particular planned development, in accordance with planned development procedures contained in § 154.037.

(Ord. 834, passed 2-1-2001; Ord. 1008, passed 10-1-2015)

(A)   Regulations. Off-premises advertising signs shall be subject to the regulations set forth in the state’s Highway Advertising Control Act of 1971 and the provisions of this subchapter.

(B)   Differing regulations. To the extent the regulations of this subchapter differ from the provisions of Highway Advertising Control Act, such regulations of this subchapter shall apply.

(C)   Other provisions of this subchapter. Notwithstanding other provisions of this subchapter which apply to off-premises advertising signs, the following regulations shall apply to any such off-premises advertising sign erected after the effective date of this chapter.

(D)   Location of signs. Off-premises advertising signs shall only be permitted within 660 feet of the nearest edge of the right-of-way of Highway 267. No off-premises advertising sign shall be located adjacent to or within 660 feet of any interstate highway interchange. Said distance shall be measured from the beginning or ending of the pavement widening at the exit from or entrance to the main traveled way. No off-premises advertising sign shall be located within 500 feet of a dwelling district, unless it can be proven that any portion of such sign would not be visible from any property, and any dwelling unit thereon, located within such zoning districts. This shall not apply to the subdivision known as Lou’s Meadows, First Addition. Off-premises advertising signs shall not be permitted north of the intersection of South Main and Southland Park Drive.

(E)   Size of signs. The maximum area for any one sign shall be 800 square feet, with a maximum sign height of 30 feet and a maximum length of 60 feet, and measured in accordance with § 154.093(B).

(F)   Height of signs. Except as provided in this section signs, clocks, or other advertising devices erected upon standards or a separate support shall be placed so as to be entirely within the property lines of the premises upon which it is located and no part of the sign or standard shall have a total height greater than 30 feet above the level of the street upon which the sign faces, nor closer than 20 feet to adjacent residential property, and the base of said advertising devices will not be less than eight feet above the ground unless approved by the Enforcement Officer, nor shall the square footage of the surface of any sign exceed a number equal to three-fourths of the lineal frontage feet of the property. Such signs will not be supported by any guy wires, or other support other than posts. Signs larger than ten square feet, except IDOT traffic signs, will need to be designed, drawn, and sealed by a professional engineer.

(G)   Spacing of signs. No off-premises advertising sign shall be erected within 500 feet of an existing off-premises sign, whether or not such existing sign is located within the village limits. (See Figure 3, IDOT regulations from the State Administrative Code).

Figure 3

(H)   Permits.

(1)   The Enforcement Officer shall not issue a permit, as required under § 154.093(A), without a permit having first been issued by the State Department of Transportation. The State Department of Transportation requires a commercial zoning of the property on which the sign will be placed.

(2)   A one-time permit fee shall be charged, in accordance with the building permit fee schedule for other signs or similar structures, to assure compliance with appropriate engineering standards and the electrical requirements of the National Electrical Code. There shall not be any subsequent permit or inspection fees for any such sign.

(I)   Exceptions from regulations. Except as otherwise controlled under the state’s Outdoor Advertising Control Act of 1971, the following off-premises advertising signs shall be exempt from the requirements of this section but shall be subject to the permit requirements of § 154.093(A).

(1)   Nonprofit organization signs when used in conjunction with joint civic promotions, such as community entrance/welcome signs, and provided that such signs shall not be permitted in any dwelling district.

(2)   Directional signs, associated with institutional uses (such as, hospitals, colleges, and similar institutions) and places of worship, not exceeding four square feet in area.

(Ord. 834, passed 2-1-2001; Ord. 1028, passed 9-1-2016)

   (A)   Definition. A NONCONFORMING SIGN is one which was lawfully erected or affixed prior to the effective date of this chapter or any amendment thereto, and which no longer is permitted or fails to conform to one or more of the applicable regulations of this subchapter.

   (B)   Continuance of nonconforming status. Except as provided for herein, all nonconforming signs may continue to exist, provided, however, that such signs shall not be enlarged, structurally altered, or altered in any other manner, other than normal maintenance, unless such sign is made to comply with the provisions of this subchapter.

   (C)   Replacement of components and repairs. Replacement of components or repairs to a nonconforming sign is permitted, except that if such replacement of components or repairs exceeds 50% or more of its total replacement value, exclusive of foundations and structural supports, then such sign shall be removed or made to conform to the applicable provisions of this subchapter.

   (D)   Discontinuance. If a nonconforming sign does not serve its intended purpose (such as, identification of a particular business establishment) for a period of six consecutive months, then such sign shall be removed or made to conform to the applicable provisions of this subchapter.

(Ord. 834, passed 2-1-2001)

   (A)   The requirements of this subchapter shall apply to all developments, except for the following:

      (1)   Developments subject to the planned development procedure (see § 154.037);

      (2)   Developments subject to special use permit approval (see §§ 154.125 through 154.128);

      (3)   Detached single-family and two-family dwellings located on individual lots, including accessory structures;

      (4)   Multiple-family dwelling developments containing less than ten dwelling units or less than two buildings;

      (5)   Additions to nonresidential buildings, or new accessory nonresidential buildings, when the addition or new accessory building is less than 25% of the existing principal building and the addition or new accessory building does not exceed 5,000 square feet in gross floor area; no new curb cuts are required; and when such new construction does not reduce existing parking or significantly modify existing on-site circulation as determined by the Enforcement Officer;

      (6)   New business, commercial, or industrial buildings which are less than 5,000 square feet in total floor area and do not have a vehicular drive-through facility of any type; and

      (7)   Canopies constructed over existing walkways, loading docks, or pump islands, where such new construction does not reduce existing parking or significantly modify existing on-site circulation as determined by the Enforcement Officer.

   (B)   The above exceptions to site plan review in no way relieves any other requirements for submission of plans as may be required by village ordinances or other regulations requiring certain plans.

(Ord. 834, passed 2-1-2001)

   (A)   The site plan shall contain the following information:

      (1)   Name, address, and telephone number of the property owner and, if different, the person or firm submitting the plan (may be submitted on a separate sheet);

      (2)   Twenty-four inches by 36 inches in size. The Enforcement Officer may authorize a different plan scale, so long as the scale is in ten foot increments and the resulting site plan clearly shows the information required herein;

      (3)   Out-boundary of the lot, including all dimensions and bearings, both linear and angular, radii and arcs, necessary for locating the boundaries of the lot. Also include the lot number and subdivision name, if applicable;

      (4)   The area of the lot in square feet or acres to the nearest tenth of an acre;

      (5)   Delineation and identification of all easements (existing and proposed);

      (6)   The zoning district classification of the lot and of adjacent parcels, where different than the site;

      (7)   Delineation of existing buildings, to be retained, and proposed buildings. Also indicate the proposed use of the buildings and the distances, in feet, from the lot lines and right-of-way line(s);

      (8)   Delineation of minimum building setback requirements;

      (9)   A tabulation of the number of multiple-family dwelling units by number of bedrooms, if applicable;

      (10)   Delineation of off-street parking spaces, including itemization of the number of spaces required and proposed. Also indicate typical dimensions for parking stalls, circulation aisle widths, parking bay widths, angle of stalls, and location and dimensions of handicapped parking stalls;

      (11)   Delineation and dimensions of existing and proposed type of pavement and curbing, including the location of existing and proposed curb cuts. Also indicate right-of-way line of streets abutting the site;

      (12)   Grading, storm drainage, and erosion control plans, in accordance with the requirements of the village, IDOT and any other applicable regulation;

      (13)   The approximate location and size of existing and proposed sanitary and storm sewers, culverts, water mains, and other underground utilities;

      (14)   In situations where landscaping and/or screening is required by this chapter (see § 154.057), provide a landscape plan showing existing and proposed landscaping, including the name and size of plant material. Also, provide plans and elevation details of any human-made screening material as may be required by this chapter (such as, required fencing between residential and nonresidential uses, and required screening of mechanical equipment and trash disposal containers);

      (15)   Location, type, dimensions, and size of all signs associated with the proposed development (see §§ 154.090 through 154.098);

      (16)   Provide an exterior lighting plan for all parking and common pedestrian areas;

      (17)   Topography of the project area with contour intervals of five feet or less, unless waived by the Plan Commission as clearly unnecessary to review of the project; and

      (18)   Stormwater runoff and detention.

         (a)   A detention facility and controlled release of stormwater runoff shall be required for developments subject to site plan requirements.

         (b)   The detention facility shall be designed and calculated on the basis of the 100-year frequency rainfall (for the proposed development), in accordance with the Illinois Department of Transportation Drainage Manual. The plans for such facility shall be sealed by a state professional engineer.

         (c)   The detention facilities required by this division (A)(18) shall be constructed so that the rate of release of stormwater shall not exceed either: the stormwater runoff rate from the tract in its existing state; or the prorated capacity of existing downstream storm sewers or streams.

         (d)   The volume of detention required by this division (A)(18) shall be that necessary to handle the runoff of a 100-year frequency rate rainfall, for any and all durations, from the fully developed drainage area tributary to the detention facility, less that volume discharged during the same duration.

         (e)   The maintenance adoption of any detention facility required by this division (A)(18) shall be the responsibility of the owner of the real estate which the facilities is located, and he or she shall do so in compliance with the plans approved by the Plan Commission prior to construction of the facility, and in compliance with the ordinances of the village. If the owner fails to maintain the detention facility, then the village: may institute an action for injunction relief, to require the owner so to maintain the facility; or may take the necessary actions to maintain the facility and shall be authorized to institute any legal proceedings necessary to recover from the owner the sums of money expended by the village in so maintaining the detention facility.

         (f)   The Plan Commission shall have the authority to approve a site plan without a detention facility when presented with the sufficient evidence that the following conditions are met:

            1.   An out-fall sewer with adequate available capacity to take the design flow without detention is available or is to be provided; or

            2.   A downstream retention or detention facility designed to include runoff from the area being developed is available or is to be provided.

   (B)   Additional information, beyond the requirements listed above, may be requested by the Enforcement Officer or the Plan Commission when such additional information is determined to be necessary for evaluating the proposed development.

(Ord. 834, passed 2-1-2001)

   (A)   Site plan submission and staff review.

      (1)   Submission by applicant. The applicant shall submit ten copies of the information required by § 154.111 to the Enforcement Officer, at least 20 days prior to the Plan Commission meeting date upon which the applicant desires to have the site plan considered by the Commission.

      (2)   Completeness of submittal. Upon receipt of the site plan and associated information, the Enforcement Officer shall review the documents to determine acceptability for submission. If the Enforcement Officer determines the submittal is complete, then the submittal shall be date stamped.

      (3)   Staff review. After the site plan has been accepted for review, the Enforcement Officer shall obtain comments on the site plan, or relevant portions thereof from the Street Superintendent, Utility Superintendent, Fire Chief, and the Chairperson of the Village Economic Development and Planning Committee.

         (a)   Staff may recommend changes to the site plan that would improve the functionality of the proposed development or mitigate any potential adverse impacts of the proposed development on neighboring properties.

         (b)   The Enforcement Officer shall compile staff comments into a site plan review report and forward it to the Plan Commission. This report shall identify any discovered deficiencies with respect to compliance with this chapter or other applicable regulations.

   (B)   Plan Commission review. In conducting its review, the Plan Commission shall consider the information provided by the applicant and the staff report on the site plan, and determine whether or not the proposed development complies with the provisions of this chapter.

   (C)   Plan Commission action.

      (1)   The Plan Commission shall either approve, disapprove, or conditionally approve the site plan. In approving a site plan, the Commission may impose conditions and restrictions on said site plan to the extent that such conditions or restrictions will ensure compliance with the spirit and intent of this chapter.

      (2)   If the Plan Commission so acts, it shall specify the specific requirements which must be met before the applicant may be granted final site plan approval and a building permit.

      (3)   The Plan Commission may delegate to the Enforcement Officer the authority to approve the site plan when the Enforcement Officer determines that the prescribed conditions have been met.

(Ord. 834, passed 2-1-2001)

   (A)   Minor changes.

      (1)   Minor changes to the approved site plan may be permitted with the express written consent of the Enforcement Officer. No change, which may be authorized under this paragraph, shall cause any of the following:

         (a)   Creation of any situation which would not be in conformance with this chapter, Chapter 153 of this code, or other applicable codes or regulations;

         (b)   A change in use or the character of the development;

         (c)   An increase in building site coverage over 5%;

         (d)   An increase in the intensity of use (such as, an increase in the number of dwelling units);

         (e)   A reduction in approved buffer areas and landscaped areas; or

         (f)   A change in traffic circulation, either on- or off-site.

      (2)   The Enforcement Officer may first seek the concurrence of the Chairperson of the Village EDC prior to rendering a decision on approving a minor change to the site plan.

   (B)   Site plan amendments. Any changes to the site plan, other than minor changes authorized by the Enforcement Officer, shall require the submission of a new site plan. The procedures for review of a new or revised plan shall be the same as for the initial application.

(Ord. 834, passed 2-1-2001)

Special uses are those types of uses which tend to be problematic because they: have a tendency to generate significant traffic volumes and/or turning movements; have operational characteristics that may have a detrimental impact on adjacent or nearby properties; or have other characteristics which may impact public health, safety, or welfare; but can be approved if such uses meet the criteria established herein. Special uses also include public and quasi-public uses affected with the public interest. In order to ensure that detrimental impacts are avoided or mitigated to a satisfactory level, special uses must be reviewed, approved, and issued a special use permit, in accordance with the provisions of this subchapter. Special uses are listed for each zoning district (see §§ 154.025 through 154.039).

(Ord. 834, passed 2-1-2001)

   (A)   Initiation of the special use permit process. The special use permit process may be initiated by submitting a completed application and supporting documentation from one or more of the owners of record or owners under contract of a lot of record (or zoning lot), or their authorized representative, or by the Plan Commission or Village Board.

   (B)   Application and plan requirements. An application form for a special use permit shall be filed with the Enforcement Officer. The application form is available at the Inspection Department. In addition to submitting the completed application, the applicant shall be required to submit the following information:

      (1)   Legal owners of the property proposed for the special use permit;

      (2)   Legal description of the property proposed for the special use permit, when the proposed use involves a substantial addition or new construction;

      (3)   Common street address of the property proposed for the special use permit;

      (4)   Site plan in conformance with the requirements of § 154.111, unless waived by the Enforcement Officer;

      (5)   Description of the proposed special use, shown on the site plan and in narrative form, if such narrative would help in understanding the nature of the use; and

      (6)   Estimated impact of the special use on the surrounding properties and adjacent streets, including, but not limited to, average daily and peak hour traffic generation, existing traffic volumes of adjacent streets, if available, use of outdoor intercoms, and any other operational characteristics of the proposed use that may have impacts on other adjacent or nearby properties.

   (C)   Review procedure.

      (1)   Submission by applicant. The applicant shall submit one copy of the completed application and ten copies of the other information required by division (B) above to the Enforcement Officer, at least 20 days prior to the Plan Commission meeting date upon which the applicant desires to have the application considered by the Commission.

      (2)   Staff review.

         (a)   Completeness of submittal. Upon receipt of the special use permit application and associated information, the Enforcement Officer shall review the documents to determine acceptability for submission. If the Enforcement Officer determines the submittal is complete, then the submittal shall be date stamped.

         (b)   Distribution. After formal acceptance of the application, the Enforcement Officer shall obtain comments from the Street Superintendent, Utility Superintendent, Fire Chief, Police Chief, and other village staff as appropriate.

         (c)   Staff review. Staff shall review the proposed special use with respect to meeting the requirements of this chapter, other applicable village regulations, and with respect to good site planning, and measures taken to avoid or mitigate impacts of the proposed use on the surrounding area. The results of this review shall be reported to the Plan Commission.

      (3)   Plan Commission.

         (a)   Public hearing. The Plan Commission shall hold a public hearing and review the application and staff report at the next regularly scheduled Commission meeting which complies with the public notice requirements contained in § 154.012.

         (b)   Plan Commission recommendation.

            1.   The Plan Commission shall consider the extent to which the evidence provided demonstrates compliance with the standards contained in § 154.127(A). In the event that the Commission concludes that insufficient information has been provided to make a determination of compliance with the standards, it may postpone its recommendation until such time sufficient information has been provided to render a recommendation to the Board, or it may recommend denial of the special use permit application. The Plan Commission shall recommend to the Village Board that the special use permit be approved, denied, or approved with conditions. Such conditions may include, but are not limited to, one or more of the following:

               a.   Size, height, and location of proposed buildings and structures;

               b.   Landscaping and screening;

               c.   Parking and loading requirements;

               d.   Signage;

               e.   Traffic flow and access requirements;

               f.   Exterior lighting;

               g.   Hours of operation;

               h.   Drainage and stormwater control facilities;

               i.   Architectural and engineering features; or

               j.   Periodic review of the permit may be imposed.

            2.   These conditions may be in addition to any regulations contained in the applicable zoning district or other applicable regulations of the village, to the extent that they serve to avoid or sufficiently mitigate any potential adverse impact of special uses.

      (4)   Village Board action.

         (a)   After receipt of the Plan Commission’s recommendation, the Village Board shall consider the proposed special use permit. The Board may deny, approve, or approve with conditions, including the adoption of the Plan Commission’s recommendations on conditions of use or a modified version thereof. The Village Board may refer the application back to the Plan Commission for further study before making its final decision.

         (b)   When the Plan Commission recommends denial of a special use permit application, such special use permit shall not be approved by the Village Board except by the favorable vote of two-thirds of the Trustees then holding office.

(Ord. 834, passed 2-1-2001)

   (A)   Review standards. It shall be the responsibility of the applicant to clearly establish that the following standards are met:

      (1)   The proposed use complies with the standards of this chapter;

      (2)   The impact of projected vehicular traffic volumes and site access is not detrimental with regard to the surrounding traffic flow, pedestrian safety, and accessibility of emergency vehicles and equipment;

      (3)   The proposed use will not cause undue impacts on the provision of public services such as police and fire protection, schools, and parks;

      (4)   Adequate utility, drainage, and other such necessary facilities have been or will be provided;

      (5)   The proposed use is compatible with the surrounding area;

      (6)   The proposed use will not adversely impact designated historic landmarks or districts; and

      (7)   Where a proposed use has the potential for adverse impacts, sufficient measures have been or will be taken by the applicant that would negate, or reduce to an acceptable level, such potentially adverse impacts. Such measures may include, but not necessarily be limited to:

         (a)   Improvements to public streets, such as provision of turning lanes, deceleration lanes, traffic control islands, traffic control devices (such as, electronic signals or traffic control signage), or other effective improvements;

         (b)   Limiting vehicular access so as to avoid conflicting turning movements to/from the site and access points of adjacent properties, and to avoid an increase in vehicular traffic in nearby residential areas;

         (c)   Provision of cross-access agreement(s) and paved connections between the applicant’s property and adjacent property(ies) which would help mitigate traffic on adjacent streets;

         (d)   Provision of additional screening and landscape buffers, above and beyond the minimum requirements of this chapter;

         (e)   Strategically locating accessory facilities, such as trash disposal storage, loading areas, and drive-through facilities, so as to limit potentially adverse impacts on adjacent properties while maintaining appropriate access to such facilities and without impeding internal traffic circulation;

         (f)   Limiting hours of operation of the use or certain operational activities of the use (such as, deliveries); and

         (g)   Any other site or building design techniques which would further enhance neighborhood compatibility.

   (B)   Findings of fact. The Plan Commission shall not recommend approval of a special use permit unless it shall in each specific case, make specific written findings of fact based directly upon the particular evidence presented to it supporting the conclusion that the proposed special use: complies with all applicable provisions of this chapter; at the specific location, will not adversely affect public health, safety, and welfare; and will not cause substantial injury to the value of neighboring property.

(Ord. 834, passed 2-1-2001)

   (A)   Permit effective date. The permit shall become effective upon approval by the Village Board, The applicant will be required to file notice of special use with the County Recorder of Deeds. In the event that an application for a special use permit is filed in conjunction with a change of zoning, the permit shall not become effective until the date of enactment of the ordinance authorizing the zoning change.

   (B)   Site plan approval and issuance of permit. If the Board approves a special use permit with conditions or restrictions that affect the site plan as previously submitted, said site plan shall be revised to reflect such applicable conditions or restrictions and submitted to the Enforcement Officer. Upon determination that the site plan complies with such conditions or restriction, the Enforcement Officer shall issue a special use permit.

   (C)   Failure to commence construction or operation. Unless otherwise stated in the conditions of a particular special use permit, substantial construction work or operation of the special use (where construction is not involved) shall commence within one year of the effective date of the permit unless such time period is extended by the Board. If no extension of time is granted, the permit shall immediately terminate upon expiration of the one-year period.

   (D)   Revocation of special use permit. Upon finding violation of the terms of the special use permit, the Board shall have the authority to revoke the permit after notice to the permittee and/or property owner and affording the same the opportunity to be heard.

   (E)   Transferability. All special use permits in nonresidential districts shall be approved for the specific tract or parcel of land, and may not be transferred to any other location. Once an approved special use is established, the special use permit may be transferred to a successor land owner or operator upon delivery to the Enforcement Officer of the written acceptance of the terms and conditions of the special use permit by such successor. This special use permit is nontransferable in residential districts.

   (F)   Procedure to amend a special use permit. Except for minor changes to a site plan, as described in § 154.113(A), any amendment to an existing special use permit shall require the submission of a new special use permit application in accordance with the provisions of this subchapter.

(Ord. 834, passed 2-1-2001)

   (A)   The Enforcement Officer, or his or her duly designated and acting deputy, shall be responsible for interpreting and administering the provisions of this chapter and shall have primary responsibility for the enforcement of this chapter by means of the duties specified herein. Without limiting the generality of the previous sentence, the duties and authority of the Enforcement Officer shall be as follows:

      (1)   (a)   The Enforcement Officer shall provide the Plan Commission with review, analysis, reports, and recommendations on: petitions for rezoning (Zoning Map amendments); proposed text amendments to this chapter; special use permit applications; and planned developments.

         (b)   As applicable, the Enforcement Officer shall obtain and compile the comments from other village staff with respect to the above subjects.

      (2)   Determine whether applications for building permits are in compliance with applicable requirements of this chapter;

      (3)   Furnish to the various department superintendents or other employees of the village such information as will aid in ensuring the proper compliance with this chapter and other codes of the village;

      (4)   Administer the site plan review provisions contained in §§ 154.110 through 154.113;

      (5)   Administer the special use permit provisions contained in §§ 154.125 through 154.128;

      (6)   Provide administrative support to the Board of Appeals. This includes receiving, filing, and forwarding to the Board of Appeals, all information constituting the record upon which actions appealed from are taken;

      (7)   Supervise the preparation of updates to the Official Zoning Map;

      (8)   Except as otherwise provided for in this chapter, notify in writing any person responsible for violating any of the provisions of this chapter, indicating the nature of the violation and ordering the necessary corrective action;

      (9)   May cause the cessation of any erection, construction, reconstruction, alteration, conversion, maintenance, or use in violation of this chapter by issuing a stop work or stop use order; and

      (10)   May refer any violation of this chapter to the Village Attorney for prosecution or other appropriate action when deemed necessary.

   (B)   The Enforcement Officer may adopt such administrative policies as necessary to the carrying out of such duties.

(Ord. 834, passed 2-1-2001)

The Plan Commission of the village, which has been duly created by the Village Board, is the Plan Commission referred to in this chapter. Membership, terms of office, certain powers, and duties are set forth in village ordinances.

(Ord. 834, passed 2-1-2001)

   (A)   Building permit. No building permit shall be issued until the application for such permit has been determined by the Enforcement Officer to be in compliance in all respects with the provisions of this chapter or with a written order from the Board of Appeals in the form of an administrative review decision on an appeal or variation as provided in §§ 154.160 through 154.162. Construction must commence within a one-year period.

   (B)   Certificate of zoning compliance.

      (1)   No building or structure hereafter erected or structurally altered shall be occupied and used until a certificate of zoning compliance has been issued by the Enforcement Officer.

      (2)   Certificates of zoning compliance shall be requested coincident with the request for a certificate of occupancy as required under ordinance.

      (3)   The Enforcement Officer shall cause the premises to be inspected to determine that the proposed use and any buildings or structures involved comply in all respects with the provisions of this chapter or with a written order from the Board of Appeals in the form of an administrative review decision on an appeal or variation as provided in §§ 154.160 through 154.162.

      (4)   Upon determination of compliance, the Enforcement Officer shall issue a certificate of zoning compliance stating that the building or structure is in conformance with this chapter.

      (5)   The issuance of a certificate of zoning compliance is required in addition to the code requirement for a certificate of occupancy, not as a substitute for same.

      (6)   A record of all certificates of zoning compliance shall be kept on file in the office of the Enforcement Officer, and copies shall be furnished, on request, to any person having a proprietary or tenancy interest in the building or structure affected.

   (C)   Use permit. No change shall be made in the use of a building or land without a use permit having first been issued by the Enforcement Officer. No permit shall be issued unless it is in conformity with the provisions of this chapter.

   (D)   Certificate of occupancy. No building or structure shall be occupied until a certificate of occupancy has been issued by the Enforcement Officer.

(Ord. 834, passed 2-1-2001)

Fees pertaining to petitions for zoning amendments, certificates of zoning compliance, use permits, site plans, variations, and appeals shall be established by action of the Village Board from time to time. Such fees shall be paid to the Village Clerk, who shall provide a receipt for such fees paid and maintain an accounting of same. Said fees may also be paid at the office of the Enforcement Officer, which shall forward the payment to the Village Clerk. Until all applicable fees have been paid in full, no action shall be taken on any action or appeal provided by this chapter.

(Ord. 834, passed 2-1-2001)

   (A)   Construction and use shall comply with plans and permits. All permits issued on the basis of plans (including site plans approved by the Plan Commission) and/or permits issued by the Enforcement Officer authorize only the use, arrangement, and/or construction set forth in such approved plans and/or permits and no other use, arrangement, or construction.

   (B)   Entry and inspection of land and buildings. Members of the Board, Plan Commission, the Enforcement Officer, and building inspectors are hereby empowered in the performance of their duties, to enter upon any property in the village or within its extraterritorial jurisdiction for the purpose of making inspections, examinations, and surveys, or to place and maintain thereon monuments, markers, notices, signs, or placards required to effectuate the purpose and provisions of this chapter.

(Ord. 834, passed 2-1-2001)

   (A)   General.

      (1)   In case any building or structure, including fixtures, is constructed, reconstructed, altered, converted, or maintained, or any building or structure, including fixtures, or land, is used in violation of this chapter, the village may institute any appropriate action or proceeding to:

         (a)   Prevent the unlawful construction, reconstruction, alteration, repair, conversion, maintenance, or use;

         (b)   Prevent the occupancy of the building, structure, or land;

         (c)   Prevent any illegal act, conduct, business, or use in or about the premises; or

         (d)   Restrain, correct, or abate the violation.

      (2)   Any owner or tenant of real property, within 1,200 feet in any direction of the property on which the building or structure in question is located, who shows that his or her property or person will be substantially affected by the alleged violation may seek action to prevent such violation as provided for by law (65 ILCS 5/11-13-15). Without limiting the aforementioned procedure to remedy an alleged violation, such owner or tenant may notify the Enforcement Officer, in writing, of the alleged violation. Upon receipt of the notice, the Enforcement Officer shall take whatever action is warranted and inform the complainant, in writing, what actions have been or will be taken.

   (B)   Procedure upon discovery of violations.

      (1)   If the Enforcement Officer finds that any provision of this chapter is being violated, the Officer shall send a written notice to the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. Additional written notices may be sent at the Enforcement Officer’s discretion.

      (2)   The final written notice (and the initial written notice may be the final notice) shall advise that the Enforcement Officer’s decision or order may be appealed to the Board of Appeals in accordance with §§ 154.160 through 154.162.

      (3)   In cases where delay would threaten the public health, safety, or welfare, the Enforcement Officer may seek enforcement without prior written notice by invoking a stop work or stop use order and institute any of the penalties or actions authorized in § 154.999.

(Ord. 834, passed 2-1-2001)

   (A)   Establishment and membership. There is hereby established a Board of Appeals whereby said Board shall consist of the same persons as the Plan Commission. The officers of the Plan Commission shall hold the same offices on the Board of Appeals.

   (B)   Powers and duties. The Board of Appeals shall have the following powers and duties:

      (1)   To hear and decide all matters referred to it or upon which it is required to pass under this chapter;

      (2)   To hear appeals in the manner prescribed in § 154.161 where it is alleged there is error in any order, requirement, decision, or determination made by the Enforcement Officer in the administration of this chapter; and

      (3)   To vary or modify in the manner prescribed in § 154.162 the application of any of the provisions of this chapter where there are practical difficulties or unnecessary hardships in the carrying out the strict letter of this chapter, so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done.

   (C)   Procedures.

      (1)   Meetings. Meetings shall be held at the call of the Chairperson and at such other times as the Board may determine.

      (2)   Hearings and rules.

         (a)   All meetings of the Board shall be open to the public.

         (b)   The Board shall set a date for any required hearings and notice of them shall be given as provided for herein.

         (c)   No hearing shall be conducted without a quorum of the Board being present. A quorum shall consist of a majority of all the members.

         (d)   At the hearing, parties of interest may appear in person or by agent or by attorney.

         (e)   All testimony at such hearings shall be given under oath. The Chairperson, or in his or her absence, his or her designee shall administer the oaths and may compel the attendance of witnesses.

         (f)   The Board of Appeals shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed within the office of the Board (office of the Village Clerk) and shall be a public record.

   (D)   Required vote. A concurring vote of two-thirds of members of the Board of Appeals shall be necessary to reverse any order, requirement, decision, or determination of the Enforcement Officer, to decide in favor of the applicant on any matter upon which it is required to pass under this chapter, to effect any variation in this chapter, or to recommend any variation or modification in this chapter to the Village Board.

   (E)   Judicial review of decision of Board of Appeals. All final administrative decisions of the Board of Appeals shall be subject to judicial review pursuant to the provisions of the Administrative Review Law, and all amendments and modifications thereof, and the rules adopted thereto.

(Ord. 834, passed 2-1-2001)

   (A)   Authorization. Appeals to the Board of Appeals, concerning the interpretation or administration of this chapter, may be taken by any aggrieved person, administrative body, officer, agency, or commission of the village affected by any decision of the Enforcement Officer.

   (B)   Filing appeals.

      (1)   Appeals shall be taken within 45 days of the action complained of.

      (2)   The aggrieved party shall file his or her appeal, specifying the grounds thereof, with the Enforcement Officer and with the office of the Village Clerk. The Enforcement Officer shall transmit to the Board all papers constituting the record upon which the action appealed from was taken.

      (3)   The appeal shall include, but not be limited to:

         (a)   A copy of the order, requirement, decision, or determination of the Enforcement Officer which the applicant believes to be in error;

         (b)   A clear and accurate, written description of the proposed use, work, or action to which the appeal is involved and a statement justifying the applicant’s position; and

         (c)   Where necessary, a plot plan, drawn to scale, showing existing conditions and proposed plans for the area in question.

   (C)   Stay of proceedings. An appeal stays all proceedings in furtherance of the action appealed from, unless the Enforcement Officer certifies by letter to the Board of Appeals, after the notice of appeal is filed with him or her, that by reason of specific facts, stated in the letter, a stay would, in his or her opinion, cause imminent peril to life and property. If certified by the Enforcement Officer, as above, proceedings shall not be stayed except by a restraining order which may be granted by the Board of Appeals or by a circuit court on application and on notice to the Enforcement Officer and on due cause shown.

   (D)   Hearing and decision on appeals.

      (1)   The Board of Appeals shall fix a reasonable time and place for hearing of appeals and shall give notice thereof to the appellant and officer from whom the appeal is taken.

      (2)   The Board of Appeals may affirm or reverse, wholly or partly, or modify the order, requirement, decision, or determination as in its opinion ought to be made in the premises and to that end shall have all the powers of the Enforcement Officer. The Board shall render a written decision on the appeal without unreasonable delay after the close of the hearing.

(Ord. 834, passed 2-1-2001)

   (A)   Authorizations. The Board of Appeals may authorize variations where there are practical difficulties or unnecessary hardships in carrying out the strict letter of this chapter, so that the spirit of this chapter shall be observed, public safety and welfare secured, and substantial justice done. However, no variations shall be authorized unless the Board of Appeals determines that the standards set forth in division (D) below have been complied with.

   (B)   Filing and submission requirements.

      (1)   An application for variation shall be filed at least 20 days prior to the meeting date in the office of the Enforcement Officer, who shall forward it to the office of the Village Clerk for review and then to the Board of Appeals. The application shall contain the following information as well as such additional information as the Board of Appeals may prescribe by rules adopted by the Board:

         (a)   The particular requirements of this chapter which prevent the proposed construction;

         (b)   The unique characteristics of the subject property which prevent compliance with the requirements of this chapter;

         (c)   The practical difficulty or particular hardship which would result if the particular requirements of this chapter were applied to the subject property; and

         (d)   The reduction or modification of the minimum requirements of this chapter which would be necessary to permit the proposed use or construction.

      (2)   The burden of proof shall rest with the applicant to clearly establish that the review considerations and criteria for granting a variation, as established in divisions (C) and (D) below, are satisfied.

   (C)   Review considerations. In determining whether the evidence presented supports the findings required by division (D) below, the Board of Appeals shall consider the extent to which the evidence demonstrates that:

      (1)   The particular physical surroundings, shape, or topographical condition of the property involved would result in a practical difficulty or unnecessary hardship upon or for the owner, lessee, or occupant, as distinguished from an inconvenience, if the provisions of this chapter were literally enforced;

      (2)   The request for a variation is not based primarily upon the desire of the owner, lessee, occupant, or applicant to secure a greater financial return from the property;

      (3)   The granting of the variation will not be materially detrimental or injurious to other property or improvements in the neighborhood in which the property is located; and

      (4)   The proposed variation will not impair an adequate supply of light or air to adjacent property, substantially increase the congestion in the public streets, increase the danger of fire, endanger the public safety, or substantially diminish or impair property values within the neighborhood.

   (D)   Standards for granting variations. The Board of Appeals shall not grant a variation unless it shall, in each case, make specific written findings of fact directly based upon the particular evidence presented to it that support the following conclusions:

      (1)   The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations of the district in which it is located provided, however, that granting of variations in respect to the classification, regulation, and restriction of the location of trades and industries and the location of buildings designed for industrial, business, residential, and other uses shall not be permitted, if such industrial, business, residential, or other uses are not permitted in the district in question;

      (2)   The plight of the owner is due to unique circumstances;

      (3)   The variation, if granted, will not alter the essential character of the locality; and

      (4)   The granting the variation desired will not violate the general spirit and intent of this chapter.

   (E)   Authorized variations. Variations from the regulations of this chapter shall be granted by the Board of Appeals only when it makes a finding of fact that the standards contained in this division (E) have been met. Notwithstanding other variations which may be considered and granted, the following limits on variations shall apply:

      (1)   To permit a front yard, a side yard or a rear yard less than required by this chapter, but such variation shall not exceed 25% of the depth of front yard, or the depth of the rear yard or the width of the side yard, as required by this chapter; provided, however, that in subdivisions platted prior to January 16, 1997, and in unplatted areas within the zoning limits of the village, which areas have been improved with structures prior to said date, a variation may exceed 25% if the petitioner shows by clear and convincing evidence that failure to grant a variation greater than 25% will work a substantial hardship on the petitioner in the use of the subject property. In making its decision, the Board of Appeals shall consider objections and written consents received from any adjoining property owners;

      (2)   To permit a building to exceed the height limit by not more than 10% of the height limit established by this chapter;

      (3)   To allow any permitted non-dwelling use in a dwelling district to exceed the lot coverage imposed by the applicable regulations, but by not more than 25%;

      (4)   To increase by up to 20% the gross area or height of any sign; and

      (5)   To increase the allowable height of fences and walls located in the required side or rear yards in dwelling districts.

   (F)   Nonconforming situation as a basis for variation. The existence of any nonconforming situation anywhere in the village shall not itself be considered grounds for the issuance of a variation to the regulations applicable to other property.

   (G)   Conditions and restrictions.

      (1)   In granting a variation, the Board of Appeals may impose such conditions and restrictions upon the property benefitted by the variation as may be necessary to reduce or minimize any potentially injurious effect of such variation upon other property in the neighborhood, and to carry out the general purpose and intent of this chapter.

      (2)   A variation may be issued for a specified duration as it applies to the existence of the structure for which the variation was granted.

   (H)   Public hearing and decisions on variation applications.

      (1)   Public hearing. The Board of Appeals shall hold a public hearing, with notice thereof being provided in accordance with § 154.012. This notice shall contain the particular location for which the variation is requested as well as a brief statement of what the proposed variation consists of.

      (2)   Decision. The Board of Appeals shall render a written decision, including findings of fact, on an application for a variation without unreasonable delay. The findings of fact shall specify the reason or reasons for making the variation.

      (3)   Period of validity. No variation granted by the Board of Appeals shall be valid for a period longer than six months from the date on which it grants the variation, unless within such period:

         (a)   A building permit is obtained and the construction, alteration, or moving of the structure is commenced; and

         (b)   If a building permit is not required, the construction of the project for which the variation was required is commenced.

      (4)   Extensions. The Board of Appeals may grant extensions not exceeding 180 days each, upon written application, without notice or hearing.

      (5)   Resubmittal of variation request. In the event that a variation is denied, no request for the same variation shall be accepted by the village for a period of one year from the time the Board denied the original request.

(Ord. 834, passed 2-1-2001)

   (A)   The provisions of this subchapter shall apply to all nonconforming situations as defined herein. Establishment of any use or development of land after the effective date of this chapter or amendment thereto, which does not comply with the regulations contained in this chapter or amendment thereto, shall be considered a violation of this chapter and not a nonconforming situation.

   (B)   A nonconforming situation shall not be deemed to have existed on the effective date of this chapter or amendment thereto, unless:

      (1)   At the time of its creation it was valid;

      (2)   It was in existence on a continuous basis and to its fullest extent on such date; and

      (3)   If such nonconforming situation is a use, such use had not been discontinued, as herein defined, on such date.

(Ord. 834, passed 2-1-2001)

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   DISCONTINUANCE. The nonuse of the nonconforming use for 12 consecutive months.

   NONCONFORMING SITUATION. A situation which lawfully existed prior to the effective date of this chapter or any amendment thereto, and which fails to conform to one or more of the applicable regulations of this chapter or such amendment thereto. For purposes of this subchapter, NONCONFORMING SITUATIONS are divided into the following categories.

      (1)   DIMENSIONAL NONCONFORMITY.

         (a)   A nonconforming situation that involves any of the following:

            1.   The height of a structure, or the relationship between an existing building or buildings and other buildings or lot lines, which does not conform to the applicable dimensional regulations (such as, setbacks) contained in this chapter;

            2.   A lot of record that does not meet the minimum area or dimensional requirements of the district in which the lot is located;

            3.   Development of property, including buildings and other improvements thereon, which do not comply with regulations governing intensity of use, such as density (such as, dwelling units per acre), and maximum building or site coverage;

            4.   Provision of off-street parking or loading spaces which does not meet the minimum requirements, or exceptions thereto, as specified in §§ 154.075 through 154.079; or

            5.   Any other situation where improvements to land do not comply with any quantitative or dimensional standard applicable to such improvement.

         (b)   Where such a DIMENSIONAL NONCONFORMITY relates to a building or structure, the term NONCONFORMING STRUCTURE shall be considered synonymous with the term DIMENSIONAL NONCONFORMITY.

      (2)   NONCONFORMING USE. A nonconforming situation that occurs when property is used for a purpose made unlawful by the regulations of this chapter which govern the use of property, including uses that do not comply with the performance standards established in § 154.062.

(Ord. 834, passed 2-1-2001)

   (A)   Authority to continue use. Any nonconforming use of part or all of a structure or any nonconforming use of land, not involving a structure or only involving a structure which is accessory to such use of land, may be continued, so long as otherwise lawful, subject to the following provisions.

      (1)   Ordinary repair and maintenance.

         (a)   Normal maintenance and incidental repair or replacement, installation or relocation of nonbearing walls, nonbearing partitions, fixtures, wiring, or plumbing, may be performed on any structure; provided, however, that this division (A)(1) shall not be deemed to authorize any violation of divisions (A)(2) through (A)(5) below, and divisions (B), (C), and (D) below.

         (b)   Nothing in this subchapter shall be deemed to prevent the strengthening or restoring of a structure to a safe condition in accordance with an order of the Enforcement Officer, and where such restoration will not be in compliance with § 154.179.

      (2)   Remodeling. Except as provided for in division (F) below, no structure shall be remodeled unless the use thereof shall thereafter conform to all provisions of this chapter. For purposes of this section, the term REMODEL shall mean to reconstruct or relocate exterior walls, bearing walls, or bearing partitions; or to substantially alter the exterior appearance of a building by adding or removing architectural elements.

      (3)   Expansion of use. Except as provided for in division (F) below, no nonconforming use of a lot or building shall be enlarged, expanded, or extended to occupy a greater area of lot or building than was occupied on the effective date of this chapter, or amendment thereto, and no additional accessory use, building, or structure shall be established thereon.

      (4)   Enlargement of building or structure. Except as provided for in division (F) below, no building or structure that is devoted in whole or in part to a nonconforming use shall be enlarged or added to in any manner, unless such building or structure addition and the entire use thereof (both existing space and the addition) shall thereafter conform to all of the provisions of this chapter.

      (5)   Moving. No structure that is devoted in whole or in part to a nonconforming use shall be moved, in whole or in part, to any other location on the same or any other lot, unless the entire structure and use thereof shall thereafter conform to all of the provisions of this chapter after being so moved. No nonconforming use of land shall be moved, in whole or in part, to any other location on the same or any other lot, unless such use shall thereafter conform to all of the provisions this chapter after being so moved.

      (6)   Compliance with performance standards. Any nonconforming use shall be brought into conformance with the performance standards established in § 154.062 upon the effective date of this chapter, or any applicable amendment thereto.

   (B)   Change of use. A nonconforming use shall not be changed to any use other than a permitted use in the zoning district in which the property is located. When a nonconforming use has been changed to any permitted use, it shall not thereafter be changed back to a nonconforming use.

   (C)   Discontinuance of use. When a nonconforming use is discontinued, as defined herein, such use shall not thereafter be reestablished or resumed, and any subsequent use or occupancy of such land or building shall comply with the provisions of this chapter.

   (D)   Nonconforming accessory uses. No use which is accessory to a principal nonconforming use shall continue after such principal use has been abandoned, as defined herein.

   (E)   Status of special uses or uses approved under site plan review.

      (1)   Existing uses which were issued a special use permit and continue to be classified as special uses under the applicable district regulations of this chapter, or amendment thereto, shall not be considered a nonconforming use. Such a use may continue, subject to compliance with the conditions set forth in the special use permit. The same applies to uses approved with conditions of use attached under the site plan review procedure, which under this chapter are classified as a special use.

      (2)   Existing uses which were issued a special use permit or site plan review approval prior to effective date of this chapter or amendment thereto, but are no longer permitted as a special use or as a permitted use upon such effective date, shall be considered a nonconforming use, subject to the provisions of this subchapter.

      (3)   Uses existing prior to the effective date of this chapter, or amendment thereto, which were not classified as a special use, but are so classified upon such effective date, shall be deemed a lawful conforming use. In the event that such existing use is to be altered (other than maintenance and remodeling), expanded, intensified, or otherwise changed, then such use shall be required to obtain a special use permit, pursuant to the procedures set forth in §§ 154.125 through 154.128.

   (F)   Exceptions. Any structure devoted to a nonconforming dwelling use (such as, a dwelling located in a non-dwelling district where such uses are not permitted), may be remodeled, extended, expanded, and enlarged; provided that after any such remodeling, extension, expansion, or enlargement, such structure shall not be used to accommodate a greater number of dwelling units than such structure accommodated prior to any such work, and provided that such work does not create any dimensional nonconformities, except as may be authorized under § 154.178(C). This paragraph shall not be deemed to authorize any violation of divisions (A)(5), (A)(6), (B), (C), (D), and (E) above.

(Ord. 834, passed 2-1-2001)

Any existing dimensional nonconformity may be continued, so long as otherwise lawful, subject to the following provisions.

   (A)   Nonconforming lots of record. Lots of record, established prior to the effective date of this chapter, or amendments thereto, that have any dimensional nonconformities, may be used for purposes allowable by this chapter, subject to the following limitations.

      (1)   Such lot, when located in a dwelling district, shall comply with the prevailing patterns requirement specified under § 154.053; shall only be used for open space or a detached one-family dwelling and associated accessory uses or structures; and any buildings placed thereon shall meet the required setbacks of the applicable district regulations, subject to setback exceptions established under § 154.055.

      (2)   Such lot, when located in any non-dwelling district, shall not be less than 5,000 square feet nor less than 40 feet in width; shall only be used for open space or an office building; and any buildings placed thereon shall meet the required setbacks of the applicable district regulations, subject to setback exceptions established under § 154.055.

      (3)   In any event, a nonconforming lot of record shall not be used for the development of a freestanding principal structure, unless:

         (a)   Such lot was owned separately and individually from adjoining tracts of land at a time when the creation of a lot of such size and width at such location would not have been prohibited by the zoning ordinance adopted by the village; and

         (b)   Has remained in separate and individual ownership from adjoining tracts of land continually during the entire time that creation of such lot has been prohibited by the applicable zoning ordinance.

      (4)   Nothing in this section shall prohibit the combination of a nonconforming lot of record, or portions thereof with another adjoining lot, or lots, so as to create zoning lots, which comply with the requirements of this chapter. Such consolidations may be accomplished under the subdivision procedures.

   (B)   Nonconforming structures.

      (1)   Nonconforming structures associated with conforming uses. Any nonconforming structure, which is associated with a conforming use, may remain as a nonconforming structure, subject to the following provisions.

         (a)   Enlargement, repair, alterations. Any such structure may be enlarged, maintained, repaired, or remodeled; provided, however, that no such enlargement, maintenance, repair, or remodeling shall either create any additional nonconformity or increase the degree of existing nonconformity of all or any part of such structure, except as may be permitted under division (C) below.

         (b)   Damage or substandard conditions. Any such structure shall be subject to the provisions of § 154.179.

         (c)   Moving. No such structure shall be moved, in whole or in part, to any other location on the same or any other lot unless the entire structure shall thereafter conform to the provisions of this chapter after being moved.

      (2)   Dimensional nonconformity associated with nonconforming uses. Any dimensional nonconformity associated with a nonconforming use, may remain nonconforming, subject to the regulations contained in §§ 154.177 and 154.179.

   (C)   Exceptions to nonconforming dwellings. A one-family or two-family dwelling, which lawfully existed prior to the effective date of this chapter, or amendment thereto, and which fails to comply with the dimensional requirements of this chapter, may be expanded and such expansion may encroach upon required building setbacks; provided, however, that such addition shall only be permitted to extend to the horizontal or vertical plane of the building’s exterior wall or the building’s height which is in nonconformance with a required setback or building height limitation. In other words, the addition shall not create a dimensional nonconformity that is greater than the existing dimensional nonconformity.

   (D)   Other dimensional nonconformities. Any other dimensional nonconformities may remain nonconforming, so long as any modification to a building site or the structures thereon, as may be permitted by this subchapter, does not create any increase in the degree of such other dimensional nonconformity and no reduction in required off-street parking shall be permitted, except as may be provided for under § 154.079(A).

(Ord. 834, passed 2-1-2001)

   (A)   Nothing in this subchapter shall be deemed to prohibit the restoration of any structure and its use where such structure has been damaged, by any means, to an extent less than 50% of its replacement value (excluding the value of the land, the cost of preparation of land, and the value of any foundation associated with such structure) at the time of damage, as determined by the Enforcement Officer; provided, however, that the restoration of such structure and its use in no way increases any former nonconformity, and provided that restoration of such structure is begun within six months of such damage and diligently prosecuted to completion within one year following such damage.

   (B)   Whenever such structure has been damaged, by any means, to an extent of more than 50% of its replacement value (excluding the value of the land, the cost of preparation of land, and the value of any foundation associated with such structure) at the time of damage, as determined by the Enforcement Officer, the structure and use thereof shall not be restored except in full conformity with the regulations of this chapter.

   (C)   When a structure is determined by the Enforcement Officer, to be in violation of the Building Code or any applicable health or safety code, and the cost of placing the structure in condition to satisfy the standards under such codes exceeds 50% of the reconstruction cost of the entire structure, as determined by the Enforcement Officer, such nonconforming structure shall not be restored for the purpose of continuing a nonconforming use.

(Ord. 834, passed 2-1-2001)

Amendments to this chapter shall be classified as follows.

   (A)   Text amendments. Amendments to the written provisions contained in this chapter shall be referred to as “text amendments”.

   (B)   Map amendments. Amendments to the designation of and/or location of district boundaries illustrated on the Official Zoning Map shall be referred to as “map amendments” (also referred to as “rezoning”).

(Ord. 834, passed 2-1-2001)

   (A)   Petition. Petition forms for text or map amendments are available from the Enforcement Officer. Completed petitions shall be submitted to the Department or the Village Clerk.

      (1)   Text amendments. A petition for a text amendment may be filed by any person.

      (2)   Map amendments (rezoning). A petition for a map amendment may be filed by the Village Board, Plan Commission, Board of Appeals, or any person with financial, contractual, or proprietary interest in the property to be included in the area of the proposed map amendment.

   (B)   Limitations on filing a petition.

      (1)   A petition for amendment to this chapter shall not be accepted if the petition is for a map amendment involving any property which has been the subject of a previous petition which was approved or denied within one year of the new petition, unless it can be shown to the satisfaction of the Enforcement Officer that substantial new evidence, not available during the review of the original petition, will be presented.

      (2)   A petition for a map amendment filed by the Village Board, Plan Commission, or Board of Appeals may be accepted at any time regardless of the time limitations stated above.

   (C)   Submission requirements.

      (1)   Text amendments. A petition for text amendments to this chapter shall set forth the new text to be added and existing text to be deleted.

      (2)   Map amendments (rezoning). A petition for a map amendment, which is initiated by a private party, shall include:

         (a)   A legal description of the property;

         (b)   A scaled map of the property, clearly showing the boundaries of the property; its current and proposed zoning district classification; and the current zoning classification of adjacent property;

         (c)   The name, address, and telephone number of the petitioner(s);

         (d)   The petitioner’s interest in the property, and if the petitioner is not the owner, the name, address, and telephone number of the owner(s);

         (e)   The date of filing with the Enforcement Officer; and

         (f)   Signature(s) of the petitioner(s) and the owner(s) certifying the accuracy of the required information.

(Ord. 834, passed 2-1-2001)

   (A)   Staff review and report.

      (1)   Staff review. Before any final action may be taken by the Plan Commission or Village Board on a petition for amendment, including a petition originating with the Plan Commission or other board of the village, the Enforcement Officer shall coordinate an analysis of the petition, including soliciting the input from other village departments as may be appropriate.

      (2)   Staff review report. The review of a petition for amendment shall be completed within 60 days of filing a petition. The results of this review shall be compiled by the Enforcement Officer and filed with the Plan Commission.

   (B)   Public hearing and Plan Commission recommendation.

      (1)   The Plan Commission shall hold a public hearing, after notice thereof has been given in accordance with § 154.012, and report to the Village Board its recommendation on the petition, unless it is withdrawn by the petitioner.

      (2)   The Plan Commission may recommend that a petition for a map amendment be approved for a part of the property described in the petition.

      (3)   The Plan Commission may recommend a zoning district classification other than the classification requested in the map amendment petition, provided that the classification is for a similar use type and could accomplish the objectives of the original petition. The district classification of the same use type, as referred to in this paragraph, shall include the PD Planned Development Districts when the petitioner presents plans and supporting documentation required by § 154.037, in accordance with the provisions of said § 154.037.

   (C)   Village Board action.

      (1)   Before making its final decision, the Village Board may refer the petition back to the Plan Commission for additional study. In this event, no additional public hearing is required.

      (2)   In case of a written protest against such change, signed and acknowledged by the owners of 20% of the frontage proposed to be altered, or by the owners of 20% of the adjacent property owners immediately adjoining or across the alley or rear line therefrom, or by the owners of 20% of the frontage directly opposite the frontage proposed to be altered, is filed with the Village Clerk, such amendment shall not be passed except by the favorable vote of three-quarters of the Trustees then holding office. In such cases, a copy of the written protest shall be served by the protester or protesters on the petitioner for the proposed amendment and a copy upon the petitioner’s attorney, by certified mail at the address of such petitioner and attorney shown in the application for the proposed amendment.

(Ord. 834, passed 2-1-2001)

Any petition for amendment may be withdrawn upon receipt, by the Enforcement Officer or Village Clerk, of written notice from the petitioner at any point in the review process but prior to the final action on the petition by the Village Board. Such withdrawal of a petition shall not entitle the petitioner to a refund of any required fees, nor shall any fees paid be credited to a future petition for amendment.

(Ord. 834, passed 2-1-2001)

   (A)   Any act constituting a violation of the provisions of this chapter or a failure to comply with any of its requirements, including violations of any conditions established in connection with an approved site plan, the grants of variations, or special use permits, shall subject the offender to a civil penalty of not less than $25 nor more than $100.

   (B)   Each day that any violation continues to exist shall be considered a separate offense.

   (C)   This chapter may also be enforced by any appropriate equitable action.

(Ord. 834, passed 2-1-2001)