Only the following uses and their essential services may be allowed in any district:
A. 
Permitted uses. Permitted uses, being the principal uses specified for a district.
B. 
Accessory uses. Accessory uses and structures as specified are permitted in any district, but not until their principal structure is present or under construction.
C. 
Conditional uses.
(1) 
Conditional uses and their accessory uses are considered as special uses requiring, for their authorization, review, public hearing and approval by the Village Board in accordance with Article V of this chapter, excepting those existent at time of adoption of this chapter.
(2) 
Those existing uses which are classified as conditional uses for the district(s) in which they are located at the time of adoption of this chapter require no action by the Village Board for them to continue as valid conditional uses, and the same shall be deemed to be regular conditional uses.
(3) 
Proposed change from permitted use in a district to conditional use shall require review, public hearing and approval by the Village Board in accordance with Article V of this chapter.
(4) 
Conditional use(s), when replaced by permitted use(s), shall terminate. In such case(s), the reestablishment of any previous conditional use(s) or establishment of new conditional use(s) shall require review, public hearing and approval by the Village Board in accordance with Article V of this chapter.
(5) 
Limited conditional uses authorized by Village Board resolution shall be established for a period of time to a time certain or until a future happening or event at which the same shall terminate.
D. 
Uses not specified in chapter.
(1) 
Uses not specified in this chapter which are found by the Village Board to be sufficiently similar to specified permitted uses for a district shall be allowed by the Zoning Administrator.
(2) 
Uses not specified in this chapter and which are found sufficiently similar to specified conditional uses permitted for a district may be permitted by the Village Board after consideration and recommendation by the Plan Commission, public hearing and approval in accordance with Article V of this chapter.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Street frontage. All lots shall abut upon a public street or other officially approved means of access, and each lot shall have a minimum frontage of 40 feet; however, to be buildable, the lot shall comply with the frontage requirements of the zoning district in which it is located.
B. 
Principal structures. All principal structures shall be located on a lot. Only one principal residential structure shall be located, erected or moved onto a lot. The Village Board may permit as a conditional use more than one principal structure per lot in any district where more than one such structure is needed for the orderly development of the parcel. Where additional structures are permitted, the Village Board may impose additional yard requirements, landscaping requirements or parking requirements or require a minimum separation distance between principal structures.
C. 
Dedicated street. No zoning permit shall be issued for a lot which abuts a public street dedicated to only a portion of its proposed width and located on that side thereof from which the required dedication has not been secured.[1]
[1]
Editor's Note: Original Sec. 13-1-12(d), Lots abutting more restrictive districts, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
D. 
Site suitability. No land shall be used or structure erected where the land is held unsuitable for such use or structure by the Village Board by reason of flooding, concentrated runoff, inadequate drainage, adverse soil or rock formation, unfavorable topography, low percolation rate or bearing strength, erosion susceptibility or any other feature likely to be harmful to the health, safety, prosperity, aesthetics and general welfare of this community. The Village Board, in applying the provisions of the section, shall, in writing, recite the particular facts upon which it bases its conclusion that the land is not suitable for certain uses. The applicant shall have an opportunity to present evidence contesting such unsuitability if he so desires. Thereafter, the Village Board may affirm, modify or withdraw its determination of unsuitability.
E. 
Preservation of topography. In order to protect the property owner from possible damage due to change in the existing grade of adjoining lands and to aid in preserving and protecting the natural beauty and character of the landscape, no change in the existing topography of any land shall be made which would result in increasing any portion of the slope to a ratio greater than 1 1/2 horizontal to one vertical within a distance of 20 feet from the property line, except with the written consent of the owner of the abutting property and with the approval of the Village Board, or which would alter the existing drainage or topography in any way as to adversely affect the adjoining property. In no case shall any slope exceed the normal angle of slippage of the material involved, and all slopes shall be protected against erosion.
F. 
Decks. For purposes of this chapter, decks and porches shall be considered a part of a building or structure.
The regulations contained herein relating to the height of buildings and the size of yards and other open spaces shall be subject to the following exceptions:
A. 
Churches, schools, hospitals, sanitariums and other public and quasi-public buildings may be erected to a height not exceeding 60 feet or five stories, provided that the front, side and rear yards required in the district in which such building is to be located are each increased at least one foot for each foot of additional building height above the height limit otherwise established for the district in which such building is to be located.
B. 
Chimneys, cooling towers, elevator bulkheads, fire towers, monuments, penthouses, stacks, scenery lofts, tanks, water towers, ornamental towers, spires, wireless, television or broadcasting towers, masts or aerials, microwave radio relay structures, telephone, telegraph and power poles and lines and necessary mechanical appurtenances are hereby excepted from the height regulations of this chapter and may be erected in accordance with other regulations or codes of the Village, upon the approval of the Village Board.
C. 
Residences in the residence districts may be increased in height by not more than 10 feet when all yards and other required open spaces are increased by one foot for each foot such building exceeds the height limit of the district in which it is located, upon the approval of the Village Board.
D. 
Buildings on through lots and extending from street to street may have waived the requirements for a rear yard by furnishing an equivalent open space on the same lot in lieu of the required rear yard, provided that the setback requirements on both streets are complied with.
E. 
Every part of a required yard shall be open to the sky, unobstructed, except for accessory buildings in a rear yard and the ordinary projections of sills, belt courses, cornices and ornamental features projecting not more than 24 inches.
[Amended 9-10-2012 by Ord. No. 2012-04]
F. 
Open or enclosed fire escapes and fire towers may project into a required yard not more than five feet and into a required court not more than 3 1/2 feet, provided that they are so located as not to obstruct light and ventilation.
G. 
Setbacks, corner lots. Where lots have street frontage on more than one side, front yard setback requirements shall apply to each side adjacent to a street, and side yard setback requirements to all other yards.
[Added 4-12-2016 by Ord. No. 2016-01]
[Amended 9-10-2012 by Ord. No. 2012-04]
A. 
No lot, yard, parking area, building area or other space shall be reduced in area or dimensions so as not to meet the provisions of this chapter. No part of any lot, yard, parking area or other space required for a structure or use shall be used for any other structure or use.
B. 
No part of a yard or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be included as a part of a yard or other open space required for another building.
A. 
Country club; golf course. No building shall be located within 100 feet of any property line. Facilities such as restaurants and bars may be permitted when conducted and entered from within the building. Swimming pools, tennis courts and the like shall be located not less than 25 feet from any property line and adjoining property in any residence or commercial district and shall be effectively protected by a wall, fence, hedge and/or screen planting.
B. 
Poultry farm. Any building housing poultry shall be a distance not less than 200 feet from every lot line. The applicant shall show that odor, dust, noise, and drainage shall not constitute a nuisance or hazard to adjoining property or uses.
C. 
Animal yards. Animal feed yards, animal sales yards, commercial kennels for dogs or cats, riding academies and public stables shall be located no closer than 200 feet to any property line, shall provide automobile and truck egress, and shall provide parking and loading spaces so designed as to minimize traffic hazard and congestion. The applicant shall show that odor, dust, noise, and drainage shall not constitute a nuisance or a hazard to adjoining property or uses.
D. 
Agricultural processing plants. Agricultural processing plants in any residential district which process agricultural products produced on the premises or within a contiguous area shall be so located as to provide convenient trucking access with a minimum of interference to normal traffic and shall provide parking and loading spaces. The applicant shall show that adequate measures shall be taken to control odor, dust, noise and waste disposal so as not to constitute a nuisance and shall show that the proposed source of water will not deprive others of normal supply.
[Amended 9-10-2012 by Ord. No. 2012-04]
E. 
Drive-in theaters. Drive-in theaters shall be located only on major or secondary thoroughfares, shall provide ingress and egress so designed as to minimize traffic congestion and shall be located sufficiently distant from any residential district.
[Amended 9-10-2012 by Ord. No. 2012-04]
F. 
Golf driving ranges. Golf driving ranges and amusement parks shall be located on major or secondary thoroughfares or nonresidential property. Golf driving platforms shall be not less than 200 feet from any adjacent residential district. A temporary certificate may be granted to be in force for one year only, which certificate may be renewed for a period of one year at the expiration of such certificate, provided all requirements of this chapter have been and can continue to be complied with.
[Amended 9-10-2012 by Ord. No. 2012-04]
G. 
Community buildings, social halls, lodges, fraternal organizations and clubs. All buildings must be a minimum of 20 feet from the side lot lines and 50 feet from the rear lot line. There shall be no external evidence of any gainful activity, however incidental, nor any access to any space used for gainful activities other than from within the building. Any such use must be located on a major or secondary thoroughfare or be able to provide access without causing heavy traffic on local residential streets.
H. 
Private stables and paddocks. Private stables and paddocks shall be located on the rear half of a lot and not closer than 20 feet to any property line, nor closer than 40 feet to any dwelling on the same or adjoining property. The minimum lot area upon which a horse may be kept is five acres per horse. One additional horse may be kept for each 20,000 feet by which the parcel of land exceeds five acres.
I. 
Nursing homes. Approval must be obtained from proper agencies concerning health and safety conditions, and said home must be licensed by such agencies.
J. 
Retail sales for guests only. Community buildings, private clubs, lodges, and social or recreational establishments may engage in retail sales for guests only, provided that:
(1) 
There shall be no external evidence of any gainful activity, however incidental, nor any access to any space used for gainful activity other than from within the building.
(2) 
There shall be no harm to adjacent existing or potential residential development due to excessive traffic generation or noise or other circumstances.
K. 
Churches. Hospitals, churches or other religious or eleemosynary institutions shall be located on a major street on a minimum parcel of 1/2 acre and shall maintain a ten-foot-wide minimum landscaped strip on all property lines abutting all residential districts.
[Amended 9-10-2012 by Ord. No. 2012-04]
L. 
Fertilizer plants. Fertilizer plants and yards shall be no closer than 200 feet to any residential district unless authorized as a conditional use; shall provide automobile parking and truck loading areas, together with ingress and egress so designed to minimize traffic hazard and congestion; and shall show that odor, dust, noise, and drainage shall not constitute a nuisance to surrounding properties. This does not affect any present fertilizer plant or yard.
[Amended 9-10-2012 by Ord. No. 2012-04]
M. 
Inflammable liquid storage in I-1 District. Aboveground storage of materials or products rated as fast burning or which produce flammable or explosive vapors or gases in quantities over 1,000 gallons will only be permitted in the I-1 Industrial District, provided that such storage area is not less than 600 feet distant from any other zoning district. Such storage area must be provided with adequate safety devices against the hazard of fire and explosion and adequate fire-suppression and fire-fighting equipment and devices standard to the industry and shall meet the requirements of other applicable Village ordinances. This section does not restrict any present use.
N. 
Amusement center, bowling alley, dance hall. Amusement centers, bowling alleys, dance halls and similar places of amusement shall provide parking with ingress and egress designed so as to minimize traffic congestion, shall not be less than 20 feet from any property line, provide a minimum six-foot solid board fence or masonry wall separating the parking area from abutting residential property and shall show that adequate controls or measures will be taken to prevent offensive noise and vibration.
O. 
Nursery school or day-care center. Nursery schools or day-care centers for more than 15 children shall maintain a minimum six-foot-high solid board fence combined with a minimum three-foot-wide shrub planting area or a minimum six-foot-high masonry wall on any property line abutting a residential district. A nursery school for more than 15 children shall be located only on a minimum ten-thousand-square-foot lot and shall not develop excessive traffic on local residential streets.
P. 
Temporary tract office. A temporary tract office in any district shall be located on the property to which it is appurtenant and shall be limited to a six-month period, at the expiration of which time the applicant may request a further extension of time. Otherwise, the tract office shall be removed at the expense of the owner.
[Amended 9-10-2012 by Ord. No. 2012-04]
Each two-family dwelling and multifamily dwelling shall contain not less than one bedroom and three other habitable rooms for each family unit, at least one of which shall be designated primarily for a sleeping room. Two-family dwellings and multifamily dwellings containing not more than three other rooms for each family unit shall contain not less than 900 square feet of enclosed living area for each family unit. Two-family dwellings and multifamily dwellings containing more than three other rooms for each family unit shall contain not less than 1,000 square feet of enclosed living area for each family unit.