A.
Jurisdiction. The jurisdiction of this chapter shall include all
lands and water within the corporate limits of the Village.
B.
Compliance. No structure, land or water shall hereafter be used and
no structure or part thereof shall hereafter be located, erected,
moved, reconstructed, extended, enlarged, converted or structurally
altered without full compliance with the provisions of this chapter
and all other applicable Village, county and state regulations.
The following use restrictions and regulations shall apply:
B.
Unclassified or unspecified uses. Unclassified or unspecified uses
may be permitted by the Village Board after the Plan Commission has
made a review and recommendation, provided that such uses are similar
in character to the principal uses permitted in the district.
C.
Performance standards. Performance standards listed in Article IX
shall be complied with by all uses in all districts.
D.
Conditional uses.
(1)
Conditional uses and their accessory uses are considered as special
uses requiring, for their authorization, review, public hearing and
recommendation by the Plan Commission and approval by the Village
Board in accordance with Article IV of this chapter, excepting those
existent at the time of adoption of the Zoning Code.
(2)
Those existing uses which are classified as "conditional uses" for
the district(s) in which they are located at the time of original
adoption of this chapter require no action by the Plan Commission
to continue as valid conditional uses.
(3)
Proposed change from permitted use in a district to conditional use
shall require review, public hearing and recommendation by the Plan
Commission and approval by the Village Board in accordance with Article
IV.
(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 recommendation by the Plan Commission and approval by
the Village Board in accordance with Article IV.
(5)
Conditional uses recommended by the Plan Commission and authorized
by resolution of the Village Board 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.
(6)
If such a conditional use is discontinued, abandoned or terminated
for a twelve-month period, the conditional use shall be null and void.
E.
Uses not specified in chapter. Uses not specified in this chapter
and which are found sufficiently similar to specified conditional
uses permitted for a district may be permitted upon review, public
hearing and recommendation by the Plan Commission and approval by
the Village Board in accordance with Article IV.[2]
No lot, yard, parking area, building area or other space shall
be reduced in area or dimension 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.
A.
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 and Plan Commission 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 Plan Commission,
in applying the provisions of this subsection, 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 so desired. Thereafter,
the Plan Commission may affirm, modify, or withdraw its determination
of unsuitability when making its recommendation to the Village Board.
B.
Street frontage. All lots shall abut upon a public street or other
officially approved means of access, and all lots shall have a minimum
frontage of 25 feet; however, to be buildable, the lot shall comply
with the frontage requirements of the zoning district in which it
is located.
C.
Principal structures. All principal structures shall be located on
a lot. Only one principal 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, subject
to the recommendation of the Plan Commission, may impose additional
yard requirements, landscaping requirements or parking requirements,
or require a minimum separation distance between principal structures.
D.
Dedicated street. No building 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.
E.
Lots abutting more restrictive districts. Lots abutting more restrictive
district boundaries shall provide side and rear yards not less than
those required in the more restrictive abutting district. This does
not apply to adjacent residential districts. The street yard setbacks
in the less restrictive district shall be modified for a distance
of not less than 60 feet from the more restrictive district boundary
line so such street yard setbacks shall be no less than the average
of the street yards required in both districts.
F.
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 Plan Commission, 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.
G.
Decks. For purposes of this chapter, decks shall be considered a
part of a building or structure except for calculating living space
in residential zones.
H.
Lots abutting two streets. Where a lot abuts on two or more streets
or alleys having different average established grades, the higher
of such grades shall control only for a depth of 120 feet from the
line of the higher average established grade.
I.
Double-frontage lots. Buildings on through lots and extending from
street to street shall meet the frontage setback on both streets.
A.
Intent. The intent of this section is to provide a means to accommodate
a small family business as a conditional use without the necessity
of a rezone into a commercial district. Approval of an expansion of
a limited family business or home occupation at a future time beyond
the limitations of this section is not to be anticipated; relocation
of the business to an area that is appropriately zoned may be necessary.
B.
Restrictions on home occupations. Home occupations are a conditional
use in all residential districts and are subject to the requirements
of the district in which the use is located, in addition to the following:
(1)
The home occupation shall be conducted only within the enclosed area
of the dwelling unit or an attached garage.
(2)
There shall be no exterior alterations which change the character
thereof as a dwelling and/or exterior evidence of the home occupation
other than those signs permitted in the district.
(3)
No storage or display of materials, goods, supplies or equipment
related to the operation of the home occupation shall be visible outside
any structure located on the premises.
(4)
No premises shall be granted more than two parking spaces attributable
to accommodating customers or clients of the home occupation.
(5)
No use shall create smoke, odor, glare, noise, dust, vibration, fire
hazard, small electrical interference or any other nuisance not normally
associated with the average residential use in the district.
(6)
Only one sign may be used to indicate the type of occupation or business.
Such sign shall not be illuminated. (Refer to sign regulations in
Article VII.)
(7)
The use shall not involve the use of commercial vehicles for more
than occasional delivery of materials to or from the premises.
(8)
The Plan Commission may determine the percentage of the property
that may be devoted to the occupation.
(9)
The types and number of equipment or machinery may be restricted
by the Plan Commission.
(10)
Sale or transfer of the property shall cause the conditional
use permit to be null and void.
(11)
Under no circumstances shall a vehicle repair or body work business
qualify as a home occupation.
(12)
The home occupation shall restrict employees to one nonfamily
member.
