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Village of Pleasant Prairie, WI
Kenosha County
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Table of Contents
Table of Contents
A. 
Establishment. For the purpose of this chapter, the Village of Pleasant Prairie, Kenosha County, Wisconsin, is hereby divided into the following districts:
(1) 
Basic zoning districts.
[Amended 3-16-2009 by Ord. No. 09-13; 3-15-2010 by Ord. No. 10-20; 6-17-2013 by Ord. No. 13-23; 4-7-2014 by Ord. No. 14-06; 4-17-2017 by Ord. No. 17-13]
A-2 General Agricultural District
A-3 Limited Agricultural District
R-1 Rural Residential District
R-2 Urban Single-Family Residential District
R-3 Urban Single-Family Residential District
R-4 Urban Single-Family Residential District
R-4.5 Urban Single-Family Residential District
R-5 Urban Single-Family Residential District
R-6 Urban Single-Family Residential District
R-7 Multiple-Family Residential District
R-8 Urban Two-Family Residential District
R-9 Multiple-Family Residential District
R-10 Multiple-Family Residential District
R-11 Multiple-Family Residential District
R-12 Manufactured Home/Mobile Home Park Subdivision Residential District
B-1 Neighborhood Business District
B-2 Community Business District
B-3 Regional Retail Business District
B-4 Freeway Service Business District
B-5 Freeway Office District
B-6 Freeway Oriented Business Center District
M-1 Limited Manufacturing District
M-2 General Manufacturing District
M-3 Mineral Extraction and Landfill District
M-4 Power Generating District
M-5 Production Manufacturing District
I-1 Institutional District
PR-1 Neighborhood Park-Recreational District
PR-2 Community Park-Recreational District
PR-3 Regional Park-Recreational
C-1 Lowland Resource Conservancy District
C-2 Upland Resource Conservancy District
C-3 Natural and Scientific Area Resource Conservancy District
(2) 
Overlay districts.
[Amended 3-15-2010 by Ord. No. 10-20; 9-19-2011 by Ord. No. 11-27]
FPO Floodplain Overlay District
AGO General Agricultural Overlay District
UHO Urban Land Holding Overlay District
LUSA Limited Urban Service Area Overlay District
PUD Planned Unit Development Overlay District
(3) 
Planned development district.
B. 
District delineation. In determining which parcels of land shall be located in the above districts so as to accomplish the intended purpose of these districts, the Community Development Department and the Plan Commission shall make use of, without limitation due to enumeration, all pertinent resources, data, statistics, tables, charts and maps relating to existing land use, adjacent land use, soils, future development, and existing and proposed roads and utilities.
[1]
Editor’s Note: Former § 420-101, A-1 Agricultural Preservation District, as amended, was repealed 4-7-2014 by Ord. No. 14-06.
[Amended 7-20-2009 by Ord. No. 09-44; 3-15-2010 by Ord. No. 10-06]
A. 
Primary purpose and characteristics. The A-2 General Agricultural District is intended to provide for existing agricultural lands to continue until such time as the land is proposed to be developed for urban purposes pursuant to the Village's Comprehensive Plan. No such district shall be established unless it is in compliance with adopted or amended comprehensive, neighborhood and conceptual plans.
B. 
Permitted uses. The following listed principal uses and certain unspecified principal uses approved pursuant to Subsection C below are allowed as permitted uses in the A-2 District, subject to the requirements of this chapter and of other Village ordinances and codes:
(1) 
Apiculture (beekeeping) (per § 420-39).
(2) 
Boarding and riding stables or academies (commercial) (per § 420-39).
(3) 
Community living arrangements having a capacity of eight or fewer persons and which shall be in conformance with all state statutory requirements.
(4) 
Contract sorting, grading and packaging of fruits and vegetables.
(5) 
Corn shelling.
(6) 
Equestrian trails.
(7) 
Dairy farming and general agriculture (per § 420-39).
(8) 
Floriculture (cultivation of ornamental flowering plants).
(9) 
Forest and game management.
(10) 
Foster family homes having fewer than four foster children and not exceeding eight total occupants and which are in conformance with all state statutory requirements.
(11) 
Grazing or pasturing of livestock (per § 420-39).
(12) 
Greenhouses, not including retail sales of plants and flowers, excluding a roadside stand.
(13) 
Single-family dwelling, which may include a private garage or carport attached to the dwelling.
(14) 
Hay baling.
(15) 
Livestock raising, except commercial feedlots and fur farms (per § 420-39).
(16) 
Orchards.
(17) 
Pea viners.
(18) 
Plant nurseries.
(19) 
Poultry raising, except commercial egg production and commercial poultry feed (per § 420-39).
(20) 
Raising of grain, grass, mint and seed crops.
(21) 
Raising of tree fruits, nuts and berries.
(22) 
Sod farming.
(23) 
Threshing services.
(24) 
Vegetable raising.
(25) 
Viticulture (grape growing).
(26) 
Commercial communication structures (as a principal or accessory use per § 420-89).
[Added 4-7-2014 by Ord. No. 14-08]
C. 
Unspecified permitted uses. The Zoning Administrator shall have authority to approve as a permitted use in the A-2 District a proposed principal use not listed in Subsection B above if the proposed use is similar in character to one or more of the listed permitted uses in the A-2 District and is free of potential problems requiring special regulation. The Zoning Administrator shall make written findings supporting any such decision. Any use so approved shall be subject to all requirements of Subsection B above. Notwithstanding the foregoing authorization, the following uses shall not be construed to be permitted uses in the A-2 District:
(1) 
Any listed permitted use or conditional use specifically listed in any other Zoning District that is not specifically listed in Subsection B above.
(2) 
Any adult-oriented uses, including, without limitation, an adult bookstore, adult cabaret, adult club, adult dry cabaret, adult movie theater, adult video rental store, adult video store or adult viewing facility.
(3) 
Any listed unspecified permitted use in any zoning district that is not specifically listed in Subsection B above.
(4) 
Any use involving the serving or selling of alcoholic beverages.
(5) 
Anhydrous ammonia (bulk storage facility or retail sale).
(6) 
Composting (commercial).
(7) 
Egg production (commercial).
(8) 
Farm implement business.
(9) 
Feed lot (commercial).
(10) 
Fertilizer (production, sales, storage, mixing or blending).
(11) 
Fireworks (manufacturing, storage or sale).
(12) 
Flea markets.
(13) 
Fur-bearing animals (keeping or raising).
(14) 
Livestock sale facilities.
(15) 
Propane (bulk storage facility or retail sale).
(16) 
Refuse incineration.
(17) 
Slaughterhouse.
(18) 
Truck stop and/or truck service facility.
(19) 
Wrecking, junk, demolition and scrap yards.
(20) 
Livestock sale facilities.
D. 
Conditional uses. The following uses may be permitted as conditional uses in the A-2 District (as principal uses or accessory uses, as appropriate) pursuant to and in accordance with Article XVIII of this chapter, subject to the requirements of Article IX, if applicable, and all other applicable provisions of this chapter and of other Village ordinances and codes:
(1) 
Air strips, landing fields and hangars for personal or agricultural-related uses.
(2) 
Community living arrangements having nine but not more than 15 persons and in conformance with all state statutory requirements.
(3) 
Greenhouses for the retail sales of plants and flowers.
(4) 
Kennels.
(5) 
Veterinarian offices.
(6) 
Veterinarian emergency services office.
(7) 
Wind energy conversion systems.
(8) 
Transmission lines (electric power or natural gas).
E. 
Special licensed uses. Some uses require a special license approved by the Village Board and may only be operated pursuant to and in accordance with such license. The granting of a Village license by the Village Board is not assured either by permitted use status or by the granting of a conditional use permit or of any other permit or approval under this chapter.
F. 
Combination of uses. Except as otherwise specifically provided for in this section, two or more principal uses and their related accessory uses may be located and conducted in the same principal building in the A-2 District, subject to Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes, in accordance with each of the following restrictions to the extent such restrictions are applicable:
(1) 
Permitted uses allowed in the A-2 District and their related accessory uses may be located separately or together, and may be conducted separately or together, with other such permitted uses and their related accessory uses in the same principal building in the A-2 District.
(2) 
Conditional uses allowed in the A-2 District and their related accessory uses may be located separately or together, and may be conducted separately or together, with other such conditional uses and their related accessory uses in the same principal building in the A-2 District; provided, however, that the area of a building occupied by a conditional use and any related accessory uses shall be a physically separate defined area in which any proposed new use of any kind (or any use of any kind existing as of the time when the conditional use permit for such conditional use or any amendment of such permit is approved) shall be allowed only pursuant to and in accordance with the conditional use permit issued for such conditional use under Article XVIII of this chapter.
(3) 
Permitted uses allowed in the A-2 District and their related accessory uses and conditional uses allowed in the A-2 District and their related accessory uses may be located separately or together, and may be conducted separately or together, in the same principal building in the A-2 District; provided, however, that the area of a building occupied by a conditional use and any related accessory uses shall be a physically separate defined area in which any proposed new use of any kind (or any use of any kind existing as of the time when the conditional use permit for such conditional use or any amendment of such permit is approved) shall be allowed only pursuant to and in accordance with the conditional use permit issued for such conditional use under Article XVIII of this chapter.
(4) 
Nonconforming uses existing in the A-2 District as of the effective date of Ordinance No. 10-06 (March 15, 2010) and any related accessory uses existing as of such date may be continued in the same principal building with other uses; provided, however, that no nonconforming use and no accessory use to a nonconforming use may be extended or expanded into new areas, and no new accessory use related to such nonconforming use (and no prior accessory use to such nonconforming use that has been discontinued as an actively conducted use for a period of 12 or more consecutive months) may be commenced or recommenced, and further provided that the area of a building occupied by a nonconforming use and any related accessory uses shall be a physically separate defined area in which any proposed new use of any kind shall be prohibited.
G. 
Accessory uses.
(1) 
Except as otherwise specifically provided in this chapter, accessory uses to principal uses allowed in the A-2 District are allowed, subject to all other Village ordinances and codes, as follows:
(a) 
Accessory uses to principal permitted uses in the A-2 District are allowed.
(b) 
Accessory uses to principal conditional uses allowed in the A-2 District are allowed, but only pursuant to and in accordance with a conditional use permit issued under Article XVIII of this chapter.
(c) 
In the event of any issue about whether a particular use is properly an accessory use, the Zoning Administrator shall have authority to decide. The Zoning Administrator shall make written findings to support any such decision.
(2) 
Specific permitted accessory uses that are allowed in the A-2 District include:
(a) 
General farm buildings, including agricultural windmills, barns, and sheds incidental to the agricultural use (per § 420-86).
(b) 
Silos and grain/storage bins, provided that the height does not exceed 100 feet.
(c) 
Feedlots (not commercial and only for permitted farm uses).
(d) 
Storage, curing, drying, churning and packaging of products and crops produced on the land; provided, however, that such products are not processed on the land; and provided, further, that such products are not commercially sold as part of a retail business conducted on the land.
(e) 
Roadside stands (per § 420-88.1).
(f) 
Private garages; gardening, tool, and storage sheds; or gazebos incidental to the residential use (per § 420-86).
(g) 
Home occupations (per Article VII).
(h) 
Driveways (per § 420-46).
(i) 
Swimming pools/hot tubs (per Article XII).
(j) 
Fences (per Article XI).
(k) 
Decks (per § 420-87).
(l) 
Sport courts (per § 420-88).
(m) 
Residential communication structures (per § 420-90).
(3) 
New proposed accessory uses to nonconforming uses (and any prior accessory uses to a nonconforming use that have been discontinued as actively conducted uses for 12 or more consecutive months) are prohibited.
H. 
Temporary uses. Temporary uses may be allowed in the A-2 District pursuant to § 420-140.1 of this chapter.
I. 
Prohibited uses. Uses that are not specifically allowed in the A-2 District by this chapter as specified in the forgeoing sections are prohibited in the A-2 District.
J. 
Dimensional standards. Except as specifically provided in this chapter, and without limitations, all uses, sites, buildings and structures in the A-2 District shall comply with the following dimensional standards to the extent applicable:
(1) 
Lot size: 10 acres minimum; however, there is no minimum lot size for transmission lines.
(2) 
Lot frontage. Lot frontage on a public street: 300 feet minimum; however, no minimum lot frontage on a public street shall be applicable to transmission lines.
(3) 
Single-family dwellings shall comply with the standards set forth in § 420-108F of the Village Zoning Ordinance.
(4) 
Setbacks:
(a) 
Street setback: minimum of 65 feet from arterial streets or highways and a minimum of 40 feet from nonarterial streets or private roads.
(b) 
Shore setback: 50 feet minimum adjacent to Lake Michigan, 35 feet minimum adjacent to all other navigable waterways.
[Amended 7-17-2017 by Ord. No. 17-32]
(c) 
Side setback: 25 feet minimum.
(d) 
Rear setback: 50 feet minimum.
(e) 
Wetland setback: 25 feet minimum.
K. 
Design standards. Except as otherwise specifically provided in this chapter, and without limitation, all uses, sites, buildings and structures in the A-2 District shall comply with the following design standards to the extent applicable:
(1) 
Number of principal single-family dwellings per lot: one maximum.
(2) 
Number of agricultural structures and detached accessory buildings, excluding silo or storage bins per lot:
(a) 
On lots that are 10 or more acres: no limit.
(b) 
On lots that are less than 10 but at least five acres: five maximum.
(c) 
On lots less than five acres: three maximum.
(3) 
Number of silo or storage bins per lot:
(a) 
On lots that are 10 or more acres: no limit.
(b) 
On lots that are less than 10 acres: five maximum.
(4) 
No structure or improvement may be built unless said structure or improvement is consistent with agricultural uses specified in this section.
(5) 
All accessory uses or structures shall be located on the same lot or approved site as the principal use.
(6) 
Parking, access and traffic requirements pursuant to Article VIII of this chapter.
(7) 
Sign requirements pursuant to Article X of this chapter.
(8) 
Each use, site, building and structure shall be designed, laid out, constructed and maintained in full compliance with the approved site and operational plan, if applicable, any required conditional use permit, any required license and all other applicable provisions of this chapter and of all other Village ordinances and codes.
L. 
Operational standards. Except as otherwise specifically provided in this chapter, and without limitation, all uses, sites, buildings and structures in the A-2 District shall comply with the following operational standards to the extent applicable:
(1) 
Compliance with Article IX of this chapter is required for any activities of the type specified in § 420-52A.
(2) 
Each use, site, building and structure shall comply with all applicable performance standards set forth in § 420-38 of this chapter.
M. 
Authorized sanitary sewer system. See § 420-32 of this chapter.
N. 
Authorized water supply system. See § 420-33 of this chapter.
[Amended 7-20-2009 by Ord. No. 09-44; 3-15-2010 by Ord. No. 10-08]
A. 
Primary purpose and characteristics. The A-3 Limited Agricultural District is intended to provide an area for the development of hobby farms and limited farming and related agricultural uses at densities not to exceed one dwelling unit per five acres. No such A-3 District shall be established unless it is in compliance with adopted or amended comprehensive, neighborhood and conceptual plans.
B. 
Permitted uses. The following listed principal uses and certain unspecified principal uses approved pursuant to Subsection C below are allowed as permitted uses in the A-3 District, subject to the requirements of this chapter and of other Village ordinances and codes:
(1) 
Community living arrangements having a capacity of eight or fewer persons and which shall be in conformance with all state statutory requirements.
(2) 
Foster family homes having fewer than four foster children and not exceeding eight total occupants and which are in conformance with all state statutory requirements.
(3) 
Single-family dwelling, which may include a private garage or carport attached to the dwelling.
(4) 
Grazing or pasturing of livestock (per § 420-39).
(5) 
Greenhouses, not including retail sales of plants and flowers on site (per § 420-86).
(6) 
Crop raising and orchards, not including retail sales of fruits or vegetables on site, except for a roadside stand (per § 420-88.1).
(7) 
Commercial communication structures (as a principal or accessory use per § 420-89).
[Added 4-7-2014 by Ord. No. 14-08]
C. 
Unspecified permitted uses. The Zoning Administrator shall have authority to approve as a permitted use in the A-3 District a proposed principal use not listed in Subsection B above if the proposed use is similar in character to one or more of the listed permitted uses in the A-3 District and is free of potential problems requiring special regulation. The Zoning Administrator shall make written findings supporting any such decision. Any use so approved shall be subject to all requirements of Subsection B above. Notwithstanding the foregoing authorization, the following uses shall not be construed to be permitted uses in the A-3 District:
(1) 
Any listed permitted use or conditional use specifically listed in any other Zoning District that is not specifically listed in Subsection B above.
(2) 
Any adult-oriented uses, including, without limitation, an adult bookstore, adult cabaret, adult club, adult dry cabaret, adult movie theater, adult video rental store, adult video store or adult viewing facility.
(3) 
Any listed unspecified permitted use in any zoning district that is not specifically listed in Subsection B above.
(4) 
Any use involving the serving or selling of alcoholic beverages.
(5) 
Anhydrous ammonia (bulk storage facility or retail sale).
(6) 
Composting (commercial).
(7) 
Egg production (commercial).
(8) 
Farm implement business.
(9) 
Feed lot (commercial).
(10) 
Fertilizer (production, sales, storage, mixing or blending).
(11) 
Fireworks (manufacturing, storage or sale).
(12) 
Flea markets.
(13) 
Fur-bearing animals (keeping or raising).
(14) 
Livestock sale facilities.
(15) 
Propane (bulk storage facility or retail sale).
(16) 
Refuse incineration.
(17) 
Slaughterhouse.
(18) 
Truck stop and/or truck service facility.
(19) 
Wrecking, junk, demolition and scrap yards.
(20) 
Livestock sale facilities.
D. 
Conditional uses. The following uses may be permitted as conditional uses in the A-3 District (as principal uses or accessory uses, as appropriate) pursuant to and in accordance with Article XVIII of this chapter, subject to the requirements of Article IX, if applicable, and all other applicable provisions of this chapter and of other Village ordinances and codes:
(1) 
Community living arrangements having nine but not more than 15 persons and in conformance with all state statutory requirements.
(2) 
Transmission lines (electric power or natural gas).
E. 
Special licensed uses. Some uses require a special license approved by the Village Board and may only be operated pursuant to and in accordance with such license. The granting of a Village license by the Village Board is not assured either by permitted use status or by the granting of a conditional use permit or of any other permit or approval under this chapter.
F. 
Combination of uses. Except as otherwise specifically provided for in this section, two or more principal uses and their related accessory uses may be located and conducted in the same principal building in the A-3 District, subject to Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes, in accordance with each of the following restrictions to the extent such restrictions are applicable:
(1) 
Permitted uses allowed in the A-3 District and their related accessory uses may be located separately or together, and may be conducted separately or together, with other such permitted uses and their related accessory uses in the same principal building in the A-3 District.
(2) 
Conditional uses allowed in the A-3 District and their related accessory uses may be located separately or together, and may be conducted separately or together, with other such conditional uses and their related accessory uses in the same principal building in the A-3 District; provided, however, that the area of a building occupied by a conditional use and any related accessory uses shall be a physically separate defined area in which any proposed new use of any kind (or any use of any kind existing as of the time when the conditional use permit for such conditional use or any amendment of such permit is approved) shall be allowed only pursuant to and in accordance with the conditional use permit issued for such conditional use under Article XVIII of this chapter.
(3) 
Permitted uses allowed in the A-3 District and their related accessory uses and conditional uses allowed in the A-3 District and their related accessory uses may be located separately or together, and may be conducted separately or together, in the same principal building in the A-3 District; provided, however, that the area of a building occupied by a conditional use and any related accessory uses shall be a physically separate defined area in which any proposed new use of any kind (or any use of any kind existing as of the time when the conditional use permit for such conditional use or any amendment of such permit is approved) shall be allowed only pursuant to and in accordance with the conditional use permit issued for such conditional use under Article XVIII of this chapter.
(4) 
Nonconforming uses existing in the A-3 District as of the effective date of Ordinance No. 10-08 (March 15, 2010) and any related accessory uses existing as of such date may be continued in the same principal building with other uses; provided, however, that no nonconforming use and no accessory use to a nonconforming use may be extended or expanded into new areas, and no new accessory use related to such nonconforming use (and no prior accessory use to such nonconforming use that has been discontinued as an actively conducted use for a period of 12 or more consecutive months) may be commenced or recommenced, and further provided that the area of a building occupied by a nonconforming use and any related accessory uses shall be a physically separate defined area in which any proposed new use of any kind shall be prohibited.
G. 
Accessory uses.
(1) 
Except as otherwise specifically provided in this chapter, accessory uses to principal uses allowed in the A-3 District are allowed, subject to all other Village ordinances and codes, as follows:
(a) 
Accessory uses to principal permitted uses in the A-3 District are allowed.
(b) 
Accessory uses to principal conditional uses allowed in the A-3 District are allowed, but only pursuant to and in accordance with a conditional use permit issued under Article XVIII of this chapter.
(c) 
In the event of any issue about whether a particular use is properly an accessory use, the Zoning Administrator shall have authority to decide. The Zoning Administrator shall make written findings to support any such decision.
(2) 
Specific permitted accessory uses that are allowed in the A-3 District include:
(a) 
General farm buildings, including agricultural windmills, barns, and sheds incidental to the agricultural use (per § 420-86).
(b) 
Silos and grain/storage bins, provided that the height does not exceed 100 feet.
(c) 
Feedlots (not commercial and only for permitted farm uses).
(d) 
Storage, curing, drying, churning and packaging of products and crops produced on the land; provided, however, that such products are not processed on the land; and provided, further, that such products are not commercially sold as part of a retail business conducted on the land.
(e) 
Roadside stands (per § 420-88.1).
(f) 
Home occupations (per Article VII).
(g) 
Driveways (per § 420-46).
(h) 
Swimming pools/hot tubs (per Article XII).
(i) 
Fences (per Article XI).
(j) 
Decks (per § 420-87).
(k) 
Sport courts (per § 420-88).
(l) 
Residential communication structures (per § 420-90).
(3) 
New proposed accessory uses to nonconforming uses (and any prior accessory uses to a nonconforming use that have been discontinued as actively conducted uses for 12 or more consecutive months) are prohibited.
H. 
Temporary uses. Temporary uses may be allowed in the A-3 District pursuant to § 420-140.1 of this chapter.
I. 
Prohibited uses. Uses that are not specifically allowed in the A-3 District by this chapter as specified in the foregoing sections are prohibited in the A-3 District.
J. 
Dimensional standards. Except as specifically provided in this chapter, and without limitations, all uses, sites, buildings and structures in the A-3 District shall comply with the following dimensional standards to the extent applicable.
(1) 
Lot size: five acres minimum; however, there is no minimum lot size for transmission lines.
(2) 
Lot frontage. Lot frontage on a public street: 300 feet minimum; however, no minimum lot frontage on a public street shall be applicable to transmission lines.
(3) 
Single-family dwellings shall comply with the standards set forth in § 420-108F of the Village Zoning Ordinance.
(4) 
Setbacks:
(a) 
Street setback: minimum of 65 feet from arterial streets or highways and a minimum of 40 feet from nonarterial streets or private roads.
(b) 
Shore setback: 50 feet minimum adjacent to Lake Michigan, 35 feet minimum adjacent to all other navigable waterways.
[Amended 7-17-2017 by Ord. No. 17-32]
(c) 
Side setback: 25 feet minimum.
(d) 
Rear setback: 50 feet minimum.
(e) 
Wetland setback: 25 feet minimum.
K. 
Design standards. Except as otherwise specifically provided in this chapter, and without limitation, all uses, sites, buildings and structures in the A-3 District shall comply with the following design standards to the extent applicable:
(1) 
Number of principal single-family dwellings per lot: one maximum.
(2) 
Number of agricultural structures and detached accessory buildings, excluding silo or storage bins, per lot:
(a) 
On lots that are five or more acres: five maximum.
(b) 
On lots that are less than five acres: three maximum.
(3) 
Number of silo or storage bins per lot:
(a) 
On lots that are five or more acres: five maximum.
(b) 
On lots that are less than five acres: three maximum.
(4) 
No structure or improvement may be built unless said structure or improvement is consistent with agricultural uses specified in this section.
(5) 
All accessory uses or structures shall be located on the same lot or approved site as the principal use.
(6) 
Parking, access and traffic requirements pursuant to Article VIII of this chapter.
(7) 
Sign requirements pursuant to Article X of this chapter.
(8) 
Each use, site, building and structure shall be designed, laid out, constructed and maintained in full compliance with the approved site and operational plan, if applicable, any required conditional use permit, any required license and all other applicable provisions of this chapter and of all other Village ordinances and codes.
L. 
Operational standards. Except as otherwise specifically provided in this chapter, and without limitation, all uses, sites, buildings and structures in the A-3 District shall comply with the following operational standards to the extent applicable:
(1) 
Compliance with Article IX of this chapter is required for any activities of the type specified in § 420-52A.
(2) 
Each use, site, building and structure shall comply with all applicable performance standards set forth in § 420-38 of this chapter.
M. 
Authorized sanitary sewer system. See § 420-32 of this chapter.
N. 
Authorized water supply system. See § 420-33 of this chapter.
[1]
Editor's Note: Former § 420-104, A-4 Agricultural Land Holding District, as amended, was repealed 3-15-2010 by Ord. No. 10-09.
A. 
Purpose and characteristics. The R-1 Rural Residential District is intended to provide for single-family residential development, in a predominantly rural setting, at densities not to exceed 0.2 dwelling unit per acre.
B. 
Permitted uses.
(1) 
Principal uses.
(a) 
Community-based residential facility (CBRF) having a capacity of eight or fewer persons and which shall be in conformance with all state statutory requirements.
(b) 
Essential services.
(c) 
Foster family homes having fewer than four foster children and not exceeding eight total occupants and which are in conformance with all state statutory requirements.
(d) 
One single-family dwelling, which may include a private garage or carport attached to the dwelling.
(e) 
Commercial communication structures (per § 420-89).
[Added 4-7-2014 by Ord. No. 14-08]
(2) 
Accessory uses.
(a) 
No more than a total of three detached structures: private garages; gardening, tool, and storage sheds; or gazebos incidental to the residential use (per § 420-86).
(b) 
Home occupations (per Article VII).
(c) 
Driveways (per § 420-46).
(d) 
Swimming pools/hot tubs (per Article XII).
(e) 
Fences (per Article XI).
(f) 
Decks (per § 420-87).
(g) 
Sport courts (per § 420-88).
(h) 
Residential communication structures (per § 420-90).
(i) 
A maximum of four horses (per § 420-39).
(j) 
Bus shelters [per § 420-139B(1)(e)].
C. 
Conditional uses. Conditional uses are those uses that require a special review and approval process because of their potential impact upon adjacent properties (see Article XVIII).
(1) 
Principal uses.
(a) 
Community-based residential facility (CBRF) having nine but not more than 15 persons which shall be in conformance with all state statutory requirements.
(b) 
Model single-family homes and related temporary real estate sales offices or marketing centers located within the model unit or as a separate structure [per § 420-148B(67)].
(c) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection C(1)(c), which listed utility substations as a conditional use, was repealed 7-20-2009 by Ord. No. 09-44.
(2) 
Accessory uses.
(a) 
No more than two household stables [per § 420-148B(44)].
(b) 
Recreational facilities accessory to a development, such as pools, clubhouses, recreational trails, walking trails and tot lots located within common areas of the development, provided that they are compatible with the surrounding neighborhood and serve the needs of the residents.
(c) 
Guard houses and gate houses [per § 420-139B(1)(m)].
D. 
Unclassified uses. Any use not specifically listed as a permitted use or conditional use shall be considered to be prohibited except as may be otherwise provided elsewhere in this chapter. In case of question as to the classification of use, the question shall be submitted to the Village Board for determination.
E. 
Lot area and width.
(1) 
Lots shall have a minimum area of five acres.
(2) 
All lots shall have a frontage of not less than 300 feet in width unless located on a cul-de-sac or curve, in which case the lot frontage may be reduced to 150 feet of frontage, provided that there is at least 300 feet of width at the required building setback line.
F. 
Single-family dwelling standards.
(1) 
No building or parts of a building shall exceed 35 feet in height, except as provided in § 420-139A(5).
(2) 
The minimum floor area of a dwelling, excluding the garage, decks, porches and basement, shall be 2,000 square feet with a minimum first floor area of 1,500 square feet.
(3) 
The dwelling shall be set on an enclosed permanent foundation unless the soil-bearing capacity, as determined by a structural engineer, prohibits such foundation.
(4) 
Placement of the dwelling unit shall provide for proper drainage away from the foundation and shall accommodate drainage on and through the existing property by not negatively affecting the existing drainage patterns or the capabilities of draining the abutting properties.
(5) 
For all one-story dwellings, the length to width ratio of the dwelling unit (excluded are decks, porches, bay windows, chimneys and any projections less than 25 square feet), as measured at the foundation, shall not be greater than two to one (i.e., the length shall not be more than twice the width). The length of the dwelling unit is that side of the dwelling that is the longest, and the width is that side of the dwelling which is the shortest, as shown in Illustration 5 in Appendix A.
(6) 
The minimum width of the dwelling unit shall be 28 feet, as measured at the foundation (excluded are decks, porches, bay windows, chimneys and any projections less than 25 square feet). The width is that side of the dwelling which is the shortest as shown in Illustration 5 in Appendix A.
(7) 
The main roof of the dwelling shall have a minimum roof pitch of 4:12, and the eaves on the main roof shall extend beyond the nearest vertical wall a minimum of one foot, or the roof pitch and/or eave length may be reduced as approved by the Village Zoning Administrator.
[Amended 10-1-2007 by Ord. No. 07-40; 11-19-2007 by Ord. No. 07-50]
(8) 
Permitted roof surface materials (including accessory garages and carports) include wood shakes, asphalt, fiberglass, composition or wood shingles, clay tiles, concrete tiles, slate or other appropriate roofing material as approved by the Village Zoning Administrator.
(9) 
Permitted exterior materials (including accessory garages and carports) include brick, stone, wood, masonry, concrete, stucco, aluminum or vinyl siding or other appropriate siding material as approved by the Village Zoning Administrator. The exterior siding shall extend to the top of the foundation and be within six inches above the final grade.
(10) 
The front facade of the structure shall be placed parallel to the street property line, unless otherwise approved by the Zoning Administrator.
G. 
Setbacks.
(1) 
Street setback: minimum of 65 feet from arterial streets or highways and a minimum of 40 feet from nonarterial streets or private roads, except as provided for in § 420-139B(2)(a).
(2) 
Shore setback: 50 feet minimum adjacent to Lake Michigan, 35 feet minimum adjacent to all other navigable waterways.
[Amended 7-17-2017 by Ord. No. 17-32]
(3) 
Wetland setback: 25 feet minimum from the wetlands on the same property and 10 feet minimum from the wetlands on adjacent properties.
(4) 
Side setback: 25 feet minimum.
(5) 
Rear setback: 50 feet minimum.
H. 
Authorized sanitary sewer system. See § 420-32 of this chapter.
I. 
Authorized water supply system. See § 420-33 of this chapter.
A. 
Purpose and characteristics. The R-2 Urban Single-Family Residential District is intended to provide for single-family residential development, at densities not to exceed 1.1 dwelling units per net acre, served by public sanitary sewerage facilities.
B. 
Permitted uses.
(1) 
Principal uses.
(a) 
Community-based residential facility (CBRF) having a capacity of eight or fewer persons and which shall be in conformance with all state statutory requirements.
(b) 
Essential services.
(c) 
Foster family homes having fewer than four foster children and not exceeding eight total occupants and which are in conformance with all state statutory requirements.
(d) 
One single-family dwelling, which may include a private garage or carport attached to the dwelling.
(e) 
Commercial communication structures (per § 420-89).
[Added 4-7-2014 by Ord. No. 14-08]
(2) 
Accessory uses.
(a) 
No more than a total of three detached structures: private garages; gardening, tool, and storage sheds; or gazebos incidental to the residential use (per § 420-86).
(b) 
Home occupations (per Article VII).
(c) 
Driveways (per § 420-46).
(d) 
Swimming pools/hot tubs (per Article XII).
(e) 
Fences (per Article XI).
(f) 
Decks (per § 420-87).
(g) 
Sport courts (per § 420-88).
(h) 
Residential communication structures (per § 420-90).
(i) 
Bus shelters [per § 420-139B(1)(e)].
C. 
Conditional uses. Conditional uses are those uses that require a special review and approval process because of their potential impact upon adjacent properties (see Article XVIII).
(1) 
Principal uses.
(a) 
Community-based residential facility (CBRF) having nine but not more than 15 persons which shall be in conformance with all state statutory requirements.
(b) 
Model single-family homes and related temporary real estate sales offices or marketing centers located within the model unit or as a separate structure [per § 420-148B(67)].
(c) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection C(1)(c), which listed utility substations as a conditional use, was repealed 7-20-2009 by Ord. No. 09-44.
(2) 
Accessory uses.
(a) 
Recreational facilities accessory to a development, such as pools, clubhouses, recreational trails, walking trails and tot lots located within common areas of the development, provided that they are compatible with the surrounding neighborhood and serve the needs of the residents.
(b) 
Guard houses and gate houses [per § 420-139B(1)(m)].
D. 
Unclassified uses. Any use not specifically listed as a permitted use or conditional use shall be considered to be prohibited except as may be otherwise provided elsewhere in this chapter. In case of question as to the classification of use, the question shall be submitted to the Village Board for determination.
E. 
Lot area and width.
(1) 
Lots shall have a minimum area of 40,000 square feet.
(2) 
All lots shall be not less than 150 feet in width unless located on a cul-de-sac or curve, in which case the lot frontage may be reduced to 75 feet of frontage, provided that there is at least 150 feet of width at the required building setback line.
F. 
Single-family dwelling standards.
(1) 
No building or parts of a building shall exceed 35 feet in height, except as provided in § 420-139A(5).
(2) 
The minimum floor area of a dwelling, excluding the garage, decks, porches and basement, shall be 2,000 square feet with a minimum first floor area of 1,500 square feet.
(3) 
The dwelling shall be set on an enclosed permanent foundation unless the soil-bearing capacity, as determined by a structural engineer, prohibits such foundation.
(4) 
Placement of the dwelling unit shall provide for proper drainage away from the foundation and shall accommodate drainage on and through the existing property by not negatively affecting the existing drainage patterns or the capabilities of draining the abutting properties.
(5) 
For all one-story dwellings, the length to width ratio of the dwelling unit (excluded are decks, porches, bay windows, chimneys and any projections less than 25 square feet), as measured at the foundation, shall not be greater than two to one (i.e., the length shall not be more than twice the width). The length of the dwelling unit is that side of the dwelling that is the longest, and the width is that side of the dwelling which is the shortest, as shown in Illustration 5 in Appendix A.
(6) 
The minimum width of the short side of a dwelling unit shall be 28 feet, as measured at the foundation (excluded are decks, porches, bay windows, chimneys and any projections less than 25 square feet). The width is that side of the dwelling which is the shortest as shown in Illustration 5 in Appendix A.
(7) 
The main roof of the dwelling shall have a minimum roof pitch of 4:12, and the eaves on the main roof shall extend beyond the nearest vertical wall a minimum of one foot, or the roof pitch and/or eave length may be reduced as approved by the Village Zoning Administrator.
[Amended 10-1-2007 by Ord. No. 07-40; 11-19-2007 by Ord. No. 07-50]
(8) 
Permitted roof surface materials (including accessory garages and carports) include wood shakes, asphalt, fiberglass, composition or wood shingles, clay tiles, concrete tiles, slate or other appropriate roofing material as approved by the Village Zoning Administrator.
(9) 
Permitted exterior materials (including accessory garages and carports) include brick, stone, wood, masonry, concrete, stucco, aluminum or vinyl siding or other appropriate siding material as approved by the Village Zoning Administrator. The exterior siding shall extend to the top of the foundation and be within six inches above the final grade.
(10) 
The front facade of the structure shall be placed parallel to the street property line, unless otherwise approved by the Zoning Administrator.
G. 
Setbacks.
(1) 
Street setback: minimum of 65 feet from arterial streets or highways and a minimum of 40 feet from nonarterial streets or private roads, except as provided for in § 420-139B(2)(a).
(2) 
Shore setback: 50 feet minimum adjacent to Lake Michigan, 35 feet minimum adjacent to all other navigable waterways.
[Amended 7-17-2017 by Ord. No. 17-32]
(3) 
Wetland setback: 25 feet minimum from the wetlands on the same property and 10 feet minimum from the wetlands on adjacent properties.
(4) 
Side setback: 25 feet minimum.
(5) 
Rear setback: 50 feet minimum.
H. 
Authorized sanitary sewer system. See § 420-32 of this chapter.
I. 
Authorized water supply system. See § 420-33 of this chapter.
A. 
Purpose and characteristics. The R-3 Urban Single-Family Residential District is intended to provide for single-family residential development, at densities not to exceed 2.2 dwelling units per net acre, served only by public sanitary sewage facilities.
B. 
Permitted uses.
(1) 
Principal uses.
(a) 
Community-based residential facility (CBRF) having a capacity of eight or fewer persons and which shall be in conformance with all state statutory requirements.
(b) 
Essential services.
(c) 
Foster family homes having fewer than four foster children and not exceeding eight total occupants and which are in conformance with all state statutory requirements.
(d) 
One single-family dwelling, which may include a private garage or carport attached to the dwelling.
(e) 
Commercial communication structures (per § 420-89).
[Added 4-7-2014 by Ord. No. 14-08]
(2) 
Accessory uses.
(a) 
No more than a total of three detached structures: private garages; gardening, tool, and storage sheds; or gazebos incidental to the residential use (per § 420-86).
(b) 
Home occupations (per Article VII).
(c) 
Driveways (per § 420-46).
(d) 
Swimming pools/hot tubs (per Article XII).
(e) 
Fences (per Article XI).
(f) 
Decks (per § 420-87).
(g) 
Sport courts (per § 420-88).
(h) 
Residential communication structures (per § 420-90).
(i) 
Bus shelters [per § 420-139B(1)(e)].
C. 
Conditional uses. Conditional uses are those uses that require a special review and approval process because of their potential impact upon adjacent properties (see Article XVIII).
(1) 
Principal uses.
(a) 
Community-based residential facility (CBRF) having nine but not more than 15 persons which shall be in conformance with all state statutory requirements.
(b) 
Model single-family homes and related temporary real estate sales offices or marketing centers located within the model unit or as a separate structure [per § 420-148B(67)].
(c) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection C(1)(c), which listed utility substations as a conditional use, was repealed 7-20-2009 by Ord. No. 09-44.
(2) 
Accessory uses.
(a) 
Recreational facilities accessory to a development, such as pools, clubhouses, recreational trails, walking trails and tot lots located within common areas of the development, provided that they are compatible with the surrounding neighborhood and serve the needs of the residents.
(b) 
Guard houses and gate houses [per § 420-139B(1)(m)].
D. 
Unclassified uses. Any use not specifically listed as a permitted use or conditional use shall be considered to be prohibited except as may be otherwise provided elsewhere in this chapter. In case of question as to the classification of use, the question shall be submitted to the Village Board for determination.
E. 
Lot area and width.
(1) 
Lots shall have a minimum area of 20,000 square feet.
(2) 
All lots shall be not less than 100 feet in width unless located on a cul-de-sac or curve, in which case the lot frontage may be reduced to 50 feet of frontage, provided that there is at least 100 feet of width at the required building setback line.
F. 
Single-family dwelling standards.
(1) 
No building or parts of a building shall exceed 35 feet in height, except as provided in § 420-139A(5).
(2) 
The minimum floor area of a dwelling, excluding the garage, decks, porches and basement, shall be 1,400 square feet with a minimum first floor area of 1,000 square feet.
(3) 
The dwelling shall be set on an enclosed permanent foundation unless the soil-bearing capacity, as determined by a structural engineer, prohibits such foundation.
(4) 
Placement of the dwelling unit shall provide for proper drainage away from the foundation and shall accommodate drainage on and through the existing property by not negatively affecting the existing drainage patterns or the capabilities of draining the abutting properties.
(5) 
For all one-story dwellings, the length to width ratio of the dwelling unit (excluded are decks, porches, bay windows, chimneys and any projections less than 25 square feet), as measured at the foundation, shall not be greater than two to one (i.e., the length shall not be more than twice the width). The length of the dwelling unit is that side of the dwelling that is the longest, and the width is that side of the dwelling which is the shortest, as shown in Illustration 5 in Appendix A.
(6) 
The minimum width of the short side of a dwelling unit shall be 28 feet, as measured at the foundation (excluded are decks, porches, bay windows, chimneys and any projections less than 25 square feet). The width is that side of the dwelling which is the shortest as shown in Illustration 5 in Appendix A.
(7) 
The main roof of the dwelling shall have a minimum roof pitch of 4:12, and the eaves on the main roof shall extend beyond the nearest vertical wall a minimum of one foot, or the roof pitch and/or eave length may be reduced as approved by the Village Zoning Administrator.
[Amended 10-1-2007 by Ord. No. 07-40; 11-19-2007 by Ord. No. 07-50]
(8) 
Permitted roof surface materials (including accessory garages and carports) include wood shakes, asphalt, fiberglass, composition or wood shingles, clay tiles, concrete tiles, slate or other appropriate roofing material as approved by the Village Zoning Administrator.
(9) 
Permitted exterior materials (including accessory garages and carports) include brick, stone, wood, masonry, concrete, stucco, aluminum or vinyl siding or other appropriate siding material as approved by the Village Zoning Administrator. The exterior siding shall extend to the top of the foundation and be within six inches above the final grade.
(10) 
The front facade of the structure shall be placed parallel to the street property line, unless otherwise approved by the Zoning Administrator.
G. 
Setbacks
(1) 
Street setback: minimum of 65 feet from arterial streets or highways and a minimum of 30 feet from nonarterial streets or private roads, except as provided for in § 420-139B(2)(a).
(2) 
Shore setback: 50 feet minimum adjacent to Lake Michigan, 35 feet minimum adjacent to all other navigable waterways.
[Amended 7-17-2017 by Ord. No. 17-32]
(3) 
Wetland setback: 25 feet minimum from the wetlands on the same property and 10 feet minimum from the wetlands on adjacent properties.
(4) 
Side setback: 10 feet minimum, except that if an attached garage is not constructed at the same time that the single-family dwelling is constructed, then a fifteen-foot side setback shall be required on at least one side.
(5) 
Rear setback: 25 feet minimum.
H. 
Authorized sanitary sewer system: See § 420-32 of this chapter.
I. 
Authorized water supply system: See § 420-33 of this chapter.
A. 
Purpose and characteristics. The R-4 Urban Single-Family Residential District is intended to provide for single-family residential development, at densities not exceeding 2.9 dwelling units per net acre, served by public sanitary sewage facilities.
B. 
Permitted uses.
(1) 
Principal uses.
(a) 
Community-based residential facility (CBRF) having a capacity of eight or fewer persons and which shall be in conformance with all state statutory requirements.
(b) 
Essential services.
(c) 
Foster family homes having fewer than four foster children and not exceeding eight total occupants and which are in conformance with all state statutory requirements.
(d) 
One single-family dwelling, which may include a private garage or carport attached to the dwelling.
(e) 
Commercial communication structures (per § 420-89).
[Added 4-7-2014 by Ord. No. 14-08]
(2) 
Accessory uses.
(a) 
No more than a total of three detached structures: private garages; gardening, tool, and storage sheds; or gazebos incidental to the residential use (per § 420-86).
(b) 
Home occupations (per Article VII).
(c) 
Driveways (per § 420-46).
(d) 
Swimming pools/hot tubs (per Article XII).
(e) 
Fences (per Article XI).
(f) 
Decks (per § 420-87).
(g) 
Sport courts (per § 420-88).
(h) 
Residential communication structures (per § 420-90).
(i) 
Bus shelters [per § 420-139B(1)(e)].
C. 
Conditional uses. Conditional uses are those uses that require a special review and approval process because of their potential impact upon adjacent properties (see Article XVIII).
(1) 
Principal uses.
(a) 
Community-based residential facility (CBRF) having nine but not more than 15 persons which shall be in conformance with all state statutory requirements.
(b) 
Model single-family homes and related temporary real estate sales offices or marketing centers located within the model unit or as a separate structure [per § 420-148B(67)].
(c) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection C(1)(c), which listed utility substations as a conditional use, was repealed 7-20-2009 by Ord. No. 09-44.
(2) 
Accessory uses.
(a) 
Recreational facilities accessory to a development, such as pools, clubhouses, recreational trails, walking trails and tot lots located within common areas of the development, provided that they are compatible with the surrounding neighborhood and serve the needs of the residents.
(b) 
Guard houses and gate houses [per § 420-139B(1)(m)].
D. 
Unclassified uses. Any use not specifically listed as a permitted use or conditional use shall be considered to be prohibited except as may be otherwise provided elsewhere in this chapter. In case of question as to the classification of use, the question shall be submitted to the Village Board for determination.
E. 
Lot area and width.
(1) 
Lots shall have a minimum of 15,000 square feet.
(2) 
All lots shall be not less than 90 feet in width unless located on a cul-de-sac or curve, in which case the lot frontage may be reduced to 45 feet of frontage, provided that there is at least 90 feet of width at the required building setback line.
F. 
Single-family dwelling standards.
(1) 
No building or parts of a building shall exceed 35 feet in height, except as provided in § 420-139A(5).
(2) 
The minimum floor area of a dwelling, excluding the garage, decks, porches and basement, shall be 1,400 square feet with a minimum first floor area of 1,000 square feet.
(3) 
The dwelling shall be set on an enclosed permanent foundation unless the soil-bearing capacity, as determined by a structural engineer, prohibits such foundation.
(4) 
Placement of the dwelling unit shall provide for proper drainage away from the foundation and shall accommodate drainage on and through the existing property by not negatively affecting the existing drainage patterns or the capabilities of draining the abutting properties.
(5) 
For all one-story dwellings, the length to width ratio of the dwelling unit (excluded are decks, porches, bay windows, chimneys and any projections less than 25 square feet), as measured at the foundation, shall not be greater than two to one (i.e., the length shall not be more than twice the width). The length of the dwelling unit is that side of the dwelling that is the longest, and the width is that side of the dwelling which is the shortest, as shown in Illustration 5 in Appendix A.
(6) 
The minimum width of the short side of a dwelling unit shall be 28 feet, as measured at the foundation (excluded are decks, porches, bay windows, chimneys and any projections less than 25 square feet). The width is that side of the dwelling which is the shortest as shown in Illustration 5 in Appendix A.
(7) 
The main roof of the dwelling shall have a minimum roof pitch of 4:12, and the eaves on the main roof shall extend beyond the nearest vertical wall a minimum of one foot, or the roof pitch and/or eave length may be reduced as approved by the Village Zoning Administrator.
[Amended 10-1-2007 by Ord. No. 07-40; 11-19-2007 by Ord. No. 07-50]
(8) 
Permitted roof surface materials (including accessory garages and carports) include wood shakes, asphalt, fiberglass, composition or wood shingles, clay tiles, concrete tiles, slate or other appropriate roofing material as approved by the Village Zoning Administrator.
(9) 
Permitted exterior materials (including accessory garages and carports) include brick, stone, wood, masonry, concrete, stucco, aluminum or vinyl siding or other appropriate siding material as approved by the Village Zoning Administrator. The exterior siding shall extend to the top of the foundation and be within six inches above the final grade.
(10) 
The front facade of the structure shall be placed parallel to the street property line, unless otherwise approved by the Zoning Administrator.
G. 
Setbacks.
(1) 
Street setback: minimum of 65 feet from arterial streets or highways and a minimum of 30 feet from nonarterial streets or private roads, except as provided for in § 420-139B(2)(a).
(2) 
Shore setback: 50 feet minimum adjacent to Lake Michigan, 35 feet minimum adjacent to all other navigable waterways.
[Amended 7-17-2017 by Ord. No. 17-32]
(3) 
Wetland setback: 25 feet minimum from the wetlands on the same property and 10 feet minimum from the wetlands on adjacent properties.
(4) 
Side setback: 10 feet minimum, except that if an attached garage is not constructed at the same time that the single-family dwelling is constructed, then a fifteen-foot side setback shall be required on at least one side.
(5) 
Rear setback: 25 feet minimum.
H. 
Authorized sanitary sewer system. See § 420-32 of this chapter.
I. 
Authorized water supply system. See § 420-33 of this chapter.
A. 
Purpose and characteristics. The R-4.5 Urban Single-Family Residential District is intended to provide for single-family residential development, at densities not exceeding 3.5 dwelling units per net acre, served only by public sanitary sewage facilities.
B. 
Permitted uses.
(1) 
Principal uses.
(a) 
Community-based residential facility (CBRF) having a capacity of eight or fewer persons and which shall be in conformance with all state statutory requirements.
(b) 
Essential services.
(c) 
Foster family homes having fewer than four foster children and not exceeding eight total occupants and which are in conformance with all state statutory requirements.
(d) 
One single-family dwelling, which may include a private garage or carport attached to the dwelling.
(e) 
Commercial communication structures (per § 420-89).
[Added 4-7-2014 by Ord. No. 14-08]
(2) 
Accessory uses.
(a) 
No more than a total of three detached structures: private garages, gardening, tool, and storage sheds; or gazebos incidental to the residential use (per § 420-86).
(b) 
Home occupations (per Article VII).
(c) 
Driveways (per § 420-46).
(d) 
Swimming pools/hot tubs (per Article XII).
(e) 
Fences (per Article XI).
(f) 
Decks (per § 420-87)
(g) 
Sport courts (per § 420-88).
(h) 
Residential communication structures (per § 420-90).
(i) 
Boathouses [per § 420-139B(1)(d)].
(j) 
Davits [per § 420-139B(1)(h)].
(k) 
Bus shelters [per § 420-139B(1)(e)].
C. 
Conditional uses. Conditional uses are those uses that require a special review and approval process because of their potential impact upon adjacent properties (see Article XVIII).
(1) 
Principal uses.
(a) 
Community-based residential facility (CBRF) having nine but not more than 15 persons which shall be in conformance with all state statutory requirements.
(b) 
Model single-family homes and related temporary real estate sales offices or marketing centers located within the model unit or as a separate structure [per § 420-148B(67)].
(c) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection C(1)(c), which listed utility substations as a conditional use, was repealed 7-20-2009 by Ord. No. 09-44.
(2) 
Accessory uses.
(3) 
Recreational facilities accessory to a development, such as pools, clubhouses, recreational trails, walking trails and tot lots located within common areas of the development, provided that they are compatible with the surrounding neighborhood and serve the needs of the residents.
(4) 
Guard houses and gate houses [per § 420-139B(1)(m)].
D. 
Unclassified uses. Any use not specifically listed as a permitted use or conditional use shall be considered to be prohibited except as may be otherwise provided elsewhere in this chapter. In case of question as to the classification of use, the question shall be submitted to the Village Board for determination.
E. 
Lot area and width.
(1) 
Lots shall have a minimum of 12,500 square feet.
(2) 
All lots shall be not less than 80 feet in width unless located on a cul-de-sac or curve, in which case the lot frontage may be reduced to 45 feet of frontage, provided that there is at least 80 feet of width at the required building setback line.
F. 
Single-family dwelling standards.
(1) 
No building or parts of a building shall exceed 35 feet in height, except as provided in § 420-139A(5).
(2) 
The minimum floor area of a dwelling, excluding the garage, decks, porches and basement, shall be 1,400 square feet with a minimum first floor area of 1,000 square feet.
(3) 
The dwelling shall be set on an enclosed permanent foundation unless the soil-bearing capacity, as determined by a structural engineer, prohibits such foundation.
(4) 
Placement of the dwelling unit shall provide for proper drainage away from the foundation and shall accommodate drainage on and through the existing property by not negatively affecting the existing drainage patterns or the capabilities of draining the abutting properties.
(5) 
For all one-story dwellings, the length to width ratio of the dwelling unit (excluded are decks, porches, bay windows, chimneys and any projections less than 25 square feet), as measured at the foundation, shall not be greater than two to one (i.e., the length shall not be more than twice the width). The length of the dwelling unit is that side of the dwelling that is the longest, and the width is that side of the dwelling which is the shortest, as shown in Illustration 5 in Appendix A.
(6) 
The minimum width of the short side of a dwelling unit shall be 26 feet, as measured at the foundation (excluded are decks, porches, bay windows, chimneys and any projections less than 25 square feet). The width is that side of the dwelling which is the shortest as shown in Illustration 5 in Appendix A.
(7) 
The main roof of the dwelling shall have a minimum roof pitch of 4:12, and the eaves on the main roof shall extend beyond the nearest vertical wall a minimum of one foot, or the roof pitch and/or eave length may be reduced as approved by the Village Zoning Administrator.
[Amended 10-1-2007 by Ord. No. 07-4011-19-2007 by Ord. No. 07-50]
(8) 
Permitted roof surface materials (including accessory garages and carports) include wood shakes, asphalt, fiberglass, composition or wood shingles, clay tiles, concrete tiles, slate or other appropriate roofing material as approved by the Village Zoning Administrator.
(9) 
Permitted exterior materials (including accessory garages and carports) include brick, stone, wood, masonry, concrete, stucco, aluminum or vinyl siding or other appropriate siding material as approved by the Village Zoning Administrator. The exterior siding shall extend to the top of the foundation and be within six inches above the final grade.
(10) 
The front facade of the structure shall be placed parallel to the street property line, unless otherwise approved by the Zoning Administrator.
G. 
Setbacks.
(1) 
Street setback: minimum of 65 feet from arterial streets or highways and a minimum of 30 feet from nonarterial streets or private roads, except as provided for in § 420-139B(2)(a).
(2) 
Shore setback: 50 feet minimum adjacent to Lake Michigan, 35 feet minimum adjacent to all other navigable waterways.
[Amended 7-17-2017 by Ord. No. 17-32]
(3) 
Wetland setback: 25 feet minimum from the wetlands on the same property and 10 feet minimum from the wetlands on adjacent properties.
(4) 
Side setback: 10 feet minimum, except that if an attached garage is not constructed at the same time that the single-family dwelling is constructed, then a fifteen-foot side setback shall be required on at least one side
(5) 
Rear setback: 25 feet minimum.
H. 
Authorized sanitary sewer system. See § 420-32 of this chapter.
I. 
Authorized water supply system. See § 420-33 of this chapter.
A. 
Purpose and characteristics. The R-5 Urban Single-Family Residential District is intended to provide for single-family residential development, at densities not exceeding 4.4 dwelling units per net acre, served by public sanitary sewage facilities.
B. 
Permitted uses.
(1) 
Principal uses.
(a) 
Community-based residential facility (CBRF) having a capacity of eight or fewer persons and which shall be in conformance with all state statutory requirements.
(b) 
Essential services.
(c) 
Foster family homes having fewer than four foster children and not exceeding eight total occupants and which are in conformance with all state statutory requirements.
(d) 
One single-family dwelling, which may include a private garage or carport attached to the dwelling.
(e) 
Commercial communication structures (per § 420-89).
[Added 4-7-2014 by Ord. No. 14-08]
(2) 
Accessory uses.
(a) 
No more than a total of three detached structures: private garages; gardening, tool, and storage sheds; or gazebos incidental to the residential use (per § 420-86).
(b) 
Home occupations (per Article VII).
(c) 
Driveways (per § 420-46).
(d) 
Swimming pools/hot tubs (per Article XII).
(e) 
Fences (per Article XI).
(f) 
Decks (per § 420-87).
(g) 
Sport courts (per § 420-88).
(h) 
Residential communication structures (per § 420-90).
(i) 
Boathouses [per § 420-139B(1)(d)].
(j) 
Davits [per § 420-139B(1)(h)].
(k) 
Bus shelters [per § 420-139B(1)(e)].
C. 
Conditional uses. Conditional uses are those uses that require a special review and approval process because of their potential impact upon adjacent properties (see Article XVIII).
(1) 
Principal uses.
(a) 
Community-based residential facility (CBRF) having nine but not more than 15 persons which shall be in conformance with all state statutory requirements.
(b) 
Model single-family homes and related temporary real estate sales offices or marketing centers located within the model unit or as a separate structure [per § 420-148B(67)].
(c) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection C(1)(c), which listed utility substations as a conditional use, was repealed 7-20-2009 by Ord. No. 09-44.
(2) 
Accessory uses.
(a) 
Recreational facilities accessory to a development, such as pools, clubhouses, recreational trails, walking trails and tot lots located within common areas of the development, provided that they are compatible with the surrounding neighborhood and serve the needs of the residents.
(b) 
Guard houses and gate houses [per § 420-139B(1)(m)].
D. 
Unclassified uses. Any use not specifically listed as a permitted use or conditional use shall be considered to be prohibited except as may be otherwise provided elsewhere in this chapter. In case of question as to the classification of use, the question shall be submitted to the Village Board for determination.
E. 
Lot area and width.
(1) 
Lots shall have a minimum of 10,000 square feet.
(2) 
All lots shall be not less than 75 feet in width unless located on a cul-de-sac or curve, in which case the lot frontage may be reduced to 40 feet of frontage, provided that there is at least 75 feet of width at the required building setback line.
F. 
Single-family dwelling standards.
(1) 
No building or parts of a building shall exceed 35 feet in height, except as provided in § 420-139A(5).
(2) 
The minimum floor area of a dwelling, excluding the garage, decks, porches and basement, shall be 1,200 square feet with a minimum first floor area of 900 square feet.
(3) 
The dwelling shall be set on an enclosed permanent foundation unless the soil-bearing capacity, as determined by a structural engineer, prohibits such foundation.
(4) 
Placement of the dwelling unit shall provide for proper drainage away from the foundation and shall accommodate drainage on and through the existing property by not negatively affecting the existing drainage patterns or the capabilities of draining the abutting properties.
(5) 
For all one-story dwellings, the length to width ratio of the dwelling unit (excluded are decks, porches, bay windows, chimneys and any projections less than 25 square feet), as measured at the foundation, shall not be greater than two to one (i.e., the length shall not be more than twice the width). The length of the dwelling unit is that side of the dwelling that is the longest, and the width is that side of the dwelling which is the shortest as shown in Illustration 5 in Appendix A.
(6) 
The minimum width of the short side of a dwelling unit shall be 24 feet, as measured at the foundation (excluded are decks, porches, bay windows, chimneys and any projections less than 25 square feet). The width is that side of the dwelling which is the shortest as shown in Illustration 5 in Appendix A.
(7) 
The main roof of the dwelling shall have a minimum roof pitch of 4:12, and the eaves on the main roof shall extend beyond the nearest vertical wall a minimum of one foot, or the roof pitch and/or eave length may be reduced as approved by the Village Zoning Administrator.
[Amended 10-1-2007 by Ord. No. 07-4011-19-2007 by Ord. No. 07-50]
(8) 
Permitted roof surface materials (including accessory garages and carports) include wood shakes, asphalt, fiberglass, composition or wood shingles, clay tiles, concrete tiles, slate or other appropriate roofing material as approved by the Village Zoning Administrator.
(9) 
Permitted exterior materials (including accessory garages and carports) include brick, stone, wood, masonry, concrete, stucco, aluminum or vinyl siding or other appropriate siding material as approved by the Village Zoning Administrator. The exterior siding shall extend to the top of the foundation and be within six inches above the final grade.
(10) 
The front facade of the structure shall be placed parallel to the street property line, unless otherwise approved by the Zoning Administrator.
G. 
Setbacks.
(1) 
Street setback: minimum of 65 feet from arterial streets or highways and a minimum of 30 feet from nonarterial streets or private roads, except as provided for in § 420-139B(2)(a).
(2) 
Shore setback: 50 feet minimum adjacent to Lake Michigan, 35 feet minimum adjacent to all other navigable waterways.
[Amended 7-17-2017 by Ord. No. 17-32]
(3) 
Wetland setback: 25 feet minimum from the wetlands on the same property and 10 feet minimum from the wetlands on adjacent properties.
(4) 
Side setback: 10 feet minimum, except that if an attached garage is not constructed at the same time that the single-family dwelling is constructed, then a fifteen-foot side setback shall be required on at least one side.
(5) 
Rear setback: 25 feet minimum.
H. 
Authorized sanitary sewer system. See § 420-32 of this chapter.
I. 
Authorized water supply system. See § 420-33 of this chapter.
A. 
Purpose and characteristics. The R-6 Urban Single-Family Residential District is intended to accommodate existing single-family development where densities may reach 7.3 dwelling units per net acre in order that residences in these districts shall not be rendered nonconforming uses. The district further provides for new development to fill in voids in existing small lot subdivisions. All R-6 residential development should preferably be served by public sanitary sewage systems. Any additional lands or new subdivisions shall be considered for rezoning into this district only if the parcel in question abuts a city of the second class and furthermore abuts a residential subdivision located within the city of the second class and only if the individual parcels in the aforementioned subdivision are 6,000 square feet per unit or less and served by public sanitary sewer.
B. 
Permitted uses.
(1) 
Principal uses.
(a) 
Community-based residential facility (CBRF) having a capacity of eight or fewer persons and which shall be in conformance with all state statutory requirements.
(b) 
Essential services.
(c) 
Foster family homes having fewer than four foster children and not exceeding eight total occupants and which are in conformance with all state statutory requirements.
(d) 
One single-family dwelling, which may include a private garage or carport attached to the dwelling.
(e) 
Commercial communication structures (per § 420-89).
[Added 4-7-2014 by Ord. No. 14-08]
(2) 
Accessory uses.
(a) 
No more than a total of two detached structures: private garages; gardening, tool, and storage sheds; or gazebos incidental to the residential use (per § 420-86).
(b) 
Home occupations (per Article VII).
(c) 
Driveways (per § 420-46).
(d) 
Swimming pools/hot tubs (per Article XII).
(e) 
Fences (per Article XI).
(f) 
Decks (per Section 420-87).
(g) 
Sport courts (per § 420-88).
(h) 
Residential communication structures (per § 420-90).
(i) 
Bus shelters [per § 420-139B(1)(e)].
C. 
Conditional uses. Conditional uses are those uses that require a special review and approval process because of their potential impact upon adjacent properties (see also Article XVIII).
(1) 
Principal uses.
(a) 
Community-based residential facility (CBRF) having nine but not more than 15 persons which shall be in conformance with all state statutory requirements.
(b) 
Model single-family homes and related temporary real estate sales offices or marketing centers located within the model unit or as a separate structure [per § 420-148B(67)].
(c) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection C(1)(c), which listed utility substations as a conditional use, was repealed 7-20-2009 by Ord. No. 09-44.
(2) 
Accessory uses.
(a) 
Recreational facilities accessory to a development, such as pools, clubhouses, recreational trails, walking trails and tot lots located within common areas of the development, provided that they are compatible with the surrounding neighborhood and serve the needs of the residents.
(b) 
Guard houses and gate houses [per § 420-139B(1)(m)].
D. 
Unclassified uses. Any use not specifically listed as a permitted use or conditional use shall be considered to be prohibited except as may be otherwise provided elsewhere in this chapter. In case of question as to the classification of use, the question shall be submitted to the Village Board for determination.
E. 
Lot area and width.
(1) 
Lots shall have a minimum area of 6000 square feet.
(2) 
All lots shall be not less than 60 feet in width unless located on a cul-de-sac or curve, in which case the lot frontage may be reduced to 30 feet of frontage, provided that there is at least 60 feet of width at the required building setback line
F. 
Single-family dwelling standards.
(1) 
No building or parts of a building shall exceed 35 feet in height, except as provided in § 420-139A(5).
(2) 
The minimum floor area of a dwelling, excluding the garage, decks, porches and basement, shall be 1,200 square feet with a minimum first floor area of 700 square feet.
(3) 
The dwelling shall be set on an enclosed permanent foundation unless the soil-bearing capacity, as determined by a structural engineer, prohibits such foundation.
(4) 
Placement of the dwelling unit shall provide for proper drainage away from the foundation and shall accommodate drainage on and through the existing property by not negatively affecting the existing drainage patterns or the capabilities of draining the abutting properties.
(5) 
For all one-story dwellings, the length to width ratio of the dwelling unit (excluded are decks, porches, bay windows, chimneys and any projections less than 25 square feet), as measured at the foundation, shall not be greater than two to one 1 (i.e., the length shall not be more than twice the width). The length of the dwelling unit is that side of the dwelling that is the longest, and the width is that side of the dwelling which is the shortest, as shown in Illustration 5 in Appendix a.
(6) 
The minimum width of the short side of a dwelling unit shall be 24 feet, as measured at the foundation (excluded are decks, porches, bay windows, chimneys and any projections less than 25 square feet). The width is that side of the dwelling which is the shortest as shown in Illustration 5 in Appendix A.
(7) 
The main roof of the dwelling shall have a minimum roof pitch of 4:12, and the eaves on the main roof shall extend beyond the nearest vertical wall a minimum of one foot, or the roof pitch and/or eave length may be reduced as approved by the Village Zoning Administrator.
[Amended 10-1-2007 by Ord. No. 07-4011-19-2007 by Ord. No. 07-50]
(8) 
Permitted roof surface materials (including accessory garages and carports) include wood shakes, asphalt, fiberglass, composition or wood shingles, clay tiles, concrete tiles, slate or other appropriate roofing material as approved by the Village Zoning Administrator.
(9) 
Permitted exterior materials (including accessory garages and carports) include brick, stone, wood, masonry, concrete, stucco, aluminum or vinyl siding or other appropriate siding material as approved by the Village Zoning Administrator. The exterior siding shall extend to the top of the foundation and be within six inches above the final grade.
(10) 
The front facade of the structure shall be placed parallel to the street property line, unless otherwise approved by the Zoning Administrator.
G. 
Setbacks.
(1) 
Street setback: minimum of 65 feet from arterial streets or highways and a minimum of 30 feet from nonarterial streets or private roads, except as provided for in § 420-139B(2)(a).
(2) 
Shore setback: 50 feet minimum adjacent to Lake Michigan, 35 feet minimum adjacent to all other navigable waterways.
[Amended 7-17-2017 by Ord. No. 17-32]
(3) 
Wetland setback: 25 feet minimum from the wetlands on the same property and 10 feet minimum from the wetlands on adjacent properties.
(4) 
Side setback: eight feet minimum, except that if an attached garage is not constructed at the same time that the single-family dwelling is constructed, then a fifteen-foot side setback shall be required on at least one side.
(5) 
Rear setback: 25 feet minimum.
H. 
Authorized sanitary sewer system. See § 420-32 of this chapter.
I. 
Authorized water supply system. See § 420-33 of this chapter.
A. 
Primary purpose and characteristics. The R-7 Multiple-Family Residential District is intended to provide for three-family residential development wherein the net density shall not exceed 3.1 dwelling units per acre.
B. 
Permitted uses/structures.
(1) 
Principal uses/structures.
(a) 
One three-family structure (three attached units), which may include private garages attached to the structure.
(b) 
Commercial communication structures (per § 420-89).
[Added 4-7-2014 by Ord. No. 14-08]
(2) 
Accessory uses/structures, including but not limited to:
(a) 
No more than a total of two of the following detached accessory buildings: private garages; gardening, tool, and storage sheds; or gazebos incidental to the residential use per § 420-86.
(b) 
Home occupations per Article VII.
(c) 
Driveways per § 420-47.
(d) 
Fences per Article XI.
(e) 
Decks and porches per § 420-87.
(f) 
Residential communication structures per § 420-90.
(g) 
Bus shelters per § 420-139B(1)(e).
(h) 
Signs per Article X.
(i) 
Essential services, which may be constructed on the lot prior to construction of the permitted principal structure.
C. 
Conditional uses. Conditional uses are those uses that require a special review and approval process because of their potential impact upon adjacent properties (see Article XVIII).
(1) 
Principal uses/structures.
(a) 
Community living arrangements within a permitted principal structure [see also § 420-148B(21)].
(b) 
Model three-family structure or unit and related temporary real estate sales offices or marketing center located within the model unit or as a separate structure [see also § 420-148B(65)].
(c) 
Common recreational facilities accessory to a multiple-family complex which is planned and developed as a coordinated whole and is unified by covenants running with the land and not open to the general public, such as but not limited to in-ground swimming pools, hot tubs, sport courts, clubhouses, recreational trails, walking trails and tot lots located within the common areas of the development, provided that they are compatible with the surrounding neighborhood and serve the needs of the residents.
(d) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection C(1)(d), which listed utility substations as a conditional use, was repealed 7-20-2009 by Ord. No. 09-44.
(2) 
Accessory uses/structures.
(a) 
Common recreational facilities accessory to a multiple-family complex which is planned and developed as a coordinated whole and is unified by covenants running with the land and not open to the general public, such as but not limited to in-ground swimming pools, hot tubs, sport courts, clubhouses, recreational trails, walking trails and tot lots located within the common areas of the development, provided that they are compatible with the surrounding neighborhood and serve the needs of the residents.
(b) 
Guard houses and gate houses.
(c) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection C(2)(c), which listed utility substations as a conditional use, was repealed 7-20-2009 by Ord. No. 09-44.
(3) 
Unclassified uses and structures. It is recognized that it is neither possible nor practical to list all of the permitted accessory uses and structures that are compatible with those listed above in Subsection B, and therefore it is intended that said list of accessory uses and structures be only illustrative. Any individual aggrieved by a failure to list a permitted accessory use or structure in said subsection shall have the right to file a petition with the Village Zoning Administrator for determination. The Village Zoning Administrator, in making the determination, shall find that an accessory use or structure is subordinate to the permitted principal use of a structure, land or water, is located on the same lot or parcel and serves a purpose customarily incidental to the permitted principal use in said district.
D. 
Lot area and width.
(1) 
Lots shall have a minimum area of 40,000 square feet.
(2) 
All lots shall have a minimum frontage of 175 feet in width unless located on a cul-de-sac or curve, in which case the lot frontage may be reduced to 100 feet of frontage, provided that there is at least 175 feet of width at the required building setback line.
E. 
Design standards.
(1) 
No building or parts of a building shall exceed 35 feet in height.
(2) 
The floor area of each dwelling unit, excluding garages, decks, porches and basements, shall be a minimum of 1,400 square feet with a minimum first floor area of 1,000 square feet.
(3) 
Placement of each structure shall provide for proper drainage away from the foundation and shall accommodate drainage on and through the existing property by not negatively affecting the existing drainage patterns or the capabilities of draining the abutting properties.
(4) 
The main roof of the dwelling shall have a minimum roof pitch of 4:12, and the eaves on the main roof shall extend beyond the nearest vertical wall a minimum of one foot, or the roof pitch and/or eave length may be reduced as approved by the Village Zoning Administrator.
[Amended 10-1-2007 by Ord. No. 07-4011-19-2007 by Ord. No. 07-50]
(5) 
Permitted roof surface materials (including garages) include wood shakes, asphalt, fiberglass, composition or wood shingles, clay tiles, concrete tiles, slate or other appropriate roofing material as approved by the Village Zoning Administrator.
(6) 
Permitted exterior materials (including garages) include brick, stone, masonry, concrete, stucco, wood, aluminum or vinyl siding or other appropriate siding material as approved by the Village Zoning Administrator. At a minimum, 50% of each wall surface, excluding windows, doors and garage doors, shall be constructed of brick, stone, masonry or concrete. The exterior siding shall extend to the top of the foundation and be within six inches above the final grade.
(7) 
The front facade of the structure shall be placed parallel to the street property line, unless it is determined by the Zoning Administrator that aesthetics, lot configuration, layout of the neighboring structures, curve of the road or environmental features on the lot prohibit the structure from being placed parallel to the street property line.
(8) 
No more than three overhead garage doors shall face directly toward a public right-of-way; this includes three single overhead garage doors or one double and one single overhead garage door.
(9) 
All exterior additions or alterations shall be constructed of the same or complementary colors and materials and in the same architectural style as the principal structure.
(10) 
A minimum of 50% of the lot shall remain as open space.
F. 
Setbacks.
(1) 
Street setback: minimum of 65 feet from arterial streets or highways and a minimum of 40 feet from nonarterial streets or private roads.
(2) 
Shore setback: 50 feet minimum adjacent to Lake Michigan, 35 feet minimum adjacent to all other navigable waterways.
[Amended 7-17-2017 by Ord. No. 17-32]
(3) 
Wetland setback: 25 feet minimum from the wetlands on the same property and 10 feet minimum from the wetlands on adjacent properties.
(4) 
Side setback: 20 feet minimum.
(5) 
Rear setback: 40 feet minimum.
G. 
Authorized sanitary sewer system: See § 420-32 of this chapter.
H. 
Authorized water supply system: See § 420-33 of this chapter.
A. 
Primary purpose and characteristics. The R-8 Urban Two-Family Residential District is intended to provide for two-family residential development wherein the net density shall not exceed 4.4 dwelling units per acre.
B. 
Permitted uses/structures
(1) 
Principal uses/structures.
(a) 
One two-family structure (two attached units) which may include private garages attached to the dwellings.
(b) 
Commercial communication structures (per § 420-89).
[Added 4-7-2014 by Ord. No. 14-08]
(2) 
Accessory uses/structures, including but not limited to:
(a) 
No more than a total of two of the following detached structures: private garages; gardening, tool, and storage sheds; or gazebos incidental to the residential use per § 420-86.
(b) 
Home occupations per Article VII.
(c) 
Driveways per § 420-46.
(d) 
Swimming pools per Article XII.
(e) 
Fences per Article XI.
(f) 
Decks and porches per § 420-87.
(g) 
Residential communication structures per § 420-90.
(h) 
Bus shelters per § 420-139B(1)(e).
(i) 
Signs per Article X.
(j) 
Recreational equipment.
(k) 
Essential services, which may be constructed on the lot prior to construction of the permitted principal structure.
C. 
Conditional uses. Conditional uses are those uses that require a special review and approval process because of their potential impact upon adjacent properties (see Article XVIII).
(1) 
Principal uses/structures.
(a) 
Community living arrangements within a permitted principal structure [see also § 420-148B(21)].
(b) 
Model two-family structure/unit and related temporary real estate sales offices or marketing center located within the model unit or as a separate structure [see also § 420-148B(65)].
(c) 
Common recreational facilities accessory to a two-family complex which is planned and developed as a coordinated whole and is unified by covenants running with the land and not open to the general public, such as but not limited to in-ground swimming pools, hot tubs, sport courts, clubhouses, recreational trails, walking trails and tot lots located within the common areas of the development, provided that they are compatible with the surrounding neighborhood and serve the needs of the residents.
(d) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection C(1)(d), which listed utility substations as a conditional use, was repealed 7-20-2009 by Ord. No. 09-44.
(2) 
Accessory uses/structures.
(a) 
Common recreational facilities accessory to a two-family complex which is planned and developed as a coordinated whole and is unified by covenants running with the land and not open to the general public, such as but not limited to in-ground swimming pools, hot tubs, sport courts, clubhouses, recreational trails, walking trails and tot lots located within the common areas of the development, provided that they are compatible with the surrounding neighborhood and serve the needs of the residents.
(b) 
Guard houses and gate houses.
(c) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection C(2)(c), which listed utility substations as a conditional use, was repealed 7-20-2009 by Ord. No. 09-44.
D. 
Unclassified uses. It is recognized that it is neither possible nor practical to list all of the permitted accessory uses and structures that are compatible with those listed above in Subsection B, and therefore it is intended that said list of accessory uses and structures be only illustrative. Any individual aggrieved by a failure to list a permitted accessory use or structure in said subsection shall have the right to file a petition with the Village Zoning Administrator for determination. The Village Zoning Administrator, in making the determination, shall find that an accessory use or structure is subordinate to the permitted principal use of a structure, land or water, is located on the same lot or parcel and serves a purpose customarily incidental to the permitted principal use in said district.
E. 
Lot area and width.
(1) 
Lots shall have a minimum area of 20,000 square feet.
(2) 
All lots shall have a minimum frontage of 100 feet in width unless located on a cul-de-sac or curve, in which case the lot frontage may be reduced to 50 feet of frontage, provided that there is at least 100 feet of width at the required building setback line.
F. 
Design standards.
(1) 
No building or parts of a building shall exceed 35 feet in height.
(2) 
The minimum floor area of each two-family structure (excluding garages, decks and porches) shall be 2,000 square feet or 1,000 square feet per unit, with the minimum first floor area of the structure being 1,500 square feet.
(3) 
The structure shall be set on an enclosed permanent foundation unless the soil-bearing capacity, as determined by a structural engineer, prohibits such foundation.
(4) 
Placement of each structure shall provide for proper drainage away from the foundation and shall accommodate drainage on and through the existing property by not negatively affecting the existing drainage patterns or the capabilities of draining the abutting properties.
(5) 
The main roof of the dwelling shall have a minimum roof pitch of 4:12, and the eaves on the main roof shall extend beyond the nearest vertical wall a minimum of one foot, or the roof pitch and/or eave length may be reduced as approved by the Village Zoning Administrator.
[Amended 10-1-2007 by Ord. No. 07-4011-19-2007 by Ord. No. 07-50]
(6) 
Permitted roof surface materials (including garages) include wood shakes, asphalt, fiberglass, composition or wood shingles, clay tiles, concrete tiles, slate or other appropriate roofing material as approved by the Village Zoning Administrator.
(7) 
Permitted exterior materials (including garages) include brick, stone, masonry, concrete, stucco, wood, aluminum or vinyl siding or other appropriate siding material as approved by the Village Zoning Administrator.
(8) 
The front facade of the structure shall be placed parallel to the street property line, unless it is determined by the Zoning Administrator that aesthetics, lot configuration, layout of the neighboring structures, curve of the road or environmental features on the lot prohibit the structure from being placed parallel to the street property line.
(9) 
No more than four overhead garage doors per structure shall face directly toward a public right-of-way; this includes four single overhead garage doors or one double and two single overhead garage doors or two double garage doors.
(10) 
All exterior additions or alterations shall be constructed of the same or complementary colors and materials and in the same architectural style as the principal structure.
(11) 
A minimum of 50% of the lot shall remain as open space.
G. 
Setbacks.
(1) 
Street setback: minimum of 65 feet from arterial streets or highways and a minimum of 30 feet from nonarterial streets or private roads.
(2) 
Shore setback: 50 feet minimum adjacent to Lake Michigan, 35 feet minimum adjacent to all other navigable waterways.
[Amended 7-17-2017 by Ord. No. 17-32]
(3) 
Wetland setback: 25 feet minimum from the wetlands on the same property and 10 feet minimum from the wetlands on adjacent properties.
(4) 
Side setback: 10 feet minimum.
(5) 
Rear setback: 30 feet minimum.
H. 
Authorized sanitary sewer system. See § 420-32 of this chapter.
I. 
Authorized water supply system. See § 420-33 of this chapter.
A. 
Primary purpose and characteristics. The R-9 Multiple-Family Residential District is intended to provide for multiple-family residential development wherein the net density shall not exceed four dwelling units per acre.
B. 
Permitted uses/structures.
(1) 
Principal uses/structures.
(a) 
One multiple-family structure not to exceed four dwelling units per structure, which may include private garages attached to the structure.
(b) 
Commercial communication structures (per § 420-89).
[Added 4-7-2014 by Ord. No. 14-08]
(2) 
Accessory uses/structures, including but not limited to:
(a) 
No more than a total of two of the following detached structures: private garages; gardening, tool, and storage sheds; or gazebos incidental to the residential use per § 420-86.
(b) 
Home occupations per Article VII.
(c) 
Driveways per Section 420-47.
(d) 
Fences per Article XI.
(e) 
Decks and porches per § 420-87.
(f) 
Residential communication structures per § 420-90.
(g) 
Bus shelters per § 420-139B(1)(e).
(h) 
Signs per Article X.
(i) 
Essential services, which may be constructed on the lot prior to construction of the permitted principal structure.
C. 
Conditional uses. Conditional uses are those uses that require a special review and approval process because of their potential impact upon adjacent properties (see Article XVIII).
(1) 
Principal uses/structures.
(a) 
Community living arrangements within a permitted principal structure [see also § 420-148B(21)].
(b) 
Model units and related temporary real estate sales offices or marketing center located within the model unit or as a separate structure [see also § 420-148B(65)].
(c) 
Common recreational facilities accessory to a multiple-family complex which is planned and developed as a coordinated whole and is unified by covenants running with the land and not open to the general public, such as but not limited to in-ground swimming pools, hot tubs, sport courts, clubhouses, recreational trails, walking trails and tot lots located within the common areas of the development, provided that they are compatible with the surrounding neighborhood and serve the needs of the residents.
(d) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection C(1)(d), which listed utility substations as a conditional use, was repealed 7-20-2009 by Ord. No. 09-44.
(2) 
Accessory uses/structures.
(a) 
Common recreational facilities accessory to a multiple-family complex which is planned and developed as a coordinated whole and is unified by covenants running with the land and not open to the general public, such as but not limited to in-ground swimming pools, hot tubs, sport courts, clubhouses, recreational trails, walking trails and tot lots located within the common areas of the development, provided that they are compatible with the surrounding neighborhood and serve the needs of the residents.
(b) 
Guard houses and gate houses.
(c) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection C(2)(c), which listed utility substations as a conditional use, was repealed 7-20-2009 by Ord. No. 09-44.
D. 
Unclassified uses. It is recognized that it is neither possible nor practical to list all of the permitted accessory uses and structures that are compatible with those listed above in Subsection B, and therefore it is intended that said list of accessory uses and structures be only illustrative. Any individual aggrieved by a failure to list a permitted accessory use or structure in said subsection shall have the right to file a petition with the Village Zoning Administrator for determination. The Village Zoning Administrator, in making the determination, shall find that an accessory use or structure is subordinate to the permitted principal use of a structure, land or water, is located on the same lot or parcel and serves a purpose customarily incidental to the permitted principal use in said district.
E. 
Lot area and width.
(1) 
Lots shall have a minimum area of 43,560 square feet (one acre).
(2) 
All lots shall have a minimum frontage of 200 feet in width unless located on a cul-de-sac or curve, in which case the lot frontage may be reduced to 100 feet of frontage, provided that there is at least 200 feet of width at the required building setback line.
F. 
Design standards.
(1) 
No building or parts of a building shall exceed 35 feet in height.
(2) 
The units in each structure shall meet the following requirements:
(a) 
Efficiency or one-bedroom units shall have a minimum floor area of 700 square feet;
(b) 
Two-bedroom units shall have a minimum floor area of 1,000 square feet; and
(c) 
Three- or more bedroom units shall have a minimum floor area of 1,200 square feet.
(3) 
Placement of each structure shall provide for proper drainage away from the foundation and shall accommodate drainage on and through the existing property by not negatively affecting the existing drainage patterns or the capabilities of draining the abutting properties.
(4) 
The main roof of the dwelling shall have a minimum roof pitch of 4:12, and the eaves on the main roof shall extend beyond the nearest vertical wall a minimum of one foot, or the roof pitch and/or eave length may be reduced as approved by the Village Zoning Administrator.
[Amended 10-1-2007 by Ord. No. 07-4011-19-2007 by Ord. No. 07-50]
(5) 
Permitted roof surface materials (including garages) include wood shakes, asphalt, fiberglass, composition or wood shingles, clay tiles, concrete tiles, slate or other appropriate roofing material as approved by the Village Zoning Administrator.
(6) 
Permitted exterior materials (including garages) include brick, stone, masonry, concrete, stucco, wood, aluminum or vinyl siding or other appropriate siding material as approved by the Village Zoning Administrator. At a minimum, 50% of each wall surface, excluding windows, doors and garage doors, shall be constructed of brick, stone, masonry or concrete. The exterior siding shall extend to the top of the foundation and be within six inches above the final grade.
(7) 
The front facade of the structure shall be placed parallel to the street property line, unless it is determined by the Zoning Administrator that aesthetics, lot configuration, layout of the neighboring structures, curve of the road or environmental features on the lot prohibit the structure from being placed parallel to the street property line.
(8) 
No overhead garage doors shall face directly toward any public right-of-way.
(9) 
All exterior additions or alterations shall be constructed of the same or complementary colors and materials and in the same architectural style as the principal structure.
(10) 
A minimum of 25% of the lot shall remain as open space.
G. 
Setbacks.
(1) 
Street setback: minimum of 65 feet from arterial streets or highways and a minimum of 40 feet from nonarterial streets or private roads.
(2) 
Shore setback: 50 feet minimum adjacent to Lake Michigan, 35 feet minimum adjacent to all other navigable waterways.
[Amended 7-17-2017 by Ord. No. 17-32]
(3) 
Wetland setback: 25 feet minimum from the wetlands on the same property and 10 feet minimum from the wetlands on adjacent properties.
(4) 
Side setback: 20 feet minimum.
(5) 
Rear setback: 30 feet minimum.
H. 
Authorized sanitary sewer system. See § 420-32 of this chapter.
I. 
Authorized water supply system. See § 420-33 of this chapter.
A. 
Primary purpose and characteristics. The R-10 Multiple-Family Residential District is intended to provide for multiple-family residential development wherein the net density shall not exceed 5.3 dwelling units per acre.
B. 
Permitted uses/structures.
(1) 
Principal uses/structures.
(a) 
One multiple-family structure not to exceed eight units per structure, which may include private garages attached to the structure.
(b) 
Commercial communication structures (per § 420-89).
[Added 4-7-2014 by Ord. No. 14-08]
(2) 
Accessory uses/structures, including but not limited to:
(a) 
No more than one of the following detached structures: private garages per § 420-86.
(b) 
No more than two of the following detached structures: gardening, tool, and storage sheds or gazebos incidental to the residential use per § 420-86.
(c) 
Home occupations per Article VII.
(d) 
Driveways per § 420-47.
(e) 
Fences per Article XI.
(f) 
Decks and porches per § 420-87.
(g) 
Residential communication structures per § 420-90.
(h) 
Bus shelters per § 420-139B(1)(e).
(i) 
Signs per Article X.
(j) 
Essential services, which may be constructed on the lot prior to construction of the permitted principal structure.
C. 
Conditional uses. Conditional uses are those uses that require a special review and approval process because of their potential impact upon adjacent properties (see Article XVIII).
(1) 
Principal uses/structures.
(a) 
Community living arrangements within a permitted principal structure [see also § 420-148B(21)].
(b) 
Model units and related temporary real estate sales offices or marketing center located within the model unit or as a separate structure.
(c) 
Common recreational facilities accessory to a multiple-family complex which is planned and developed as a coordinated whole and is unified by covenants running with the land and not open to the general public, such as but not limited to in-ground swimming pools, hot tubs, sport courts, clubhouses, recreational trails, walking trails and tot lots located within the common areas of the development, provided that they are compatible with the surrounding neighborhood and serve the needs of the residents.
(d) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection C(1)(d), which listed utility substations as a conditional use, was repealed 7-20-2009 by Ord. No. 09-44.
(2) 
Accessory uses/structures.
(a) 
Common recreational facilities accessory to a multiple-family complex which is planned and developed as a coordinated whole and is unified by covenants running with the land and not open to the general public, such as but not limited to in-ground swimming pools, hot tubs, sport courts, clubhouses, recreational trails, walking trails and tot lots located within the common areas of the development, provided that they are compatible with the surrounding neighborhood and serve the needs of the residents.
(b) 
Guard houses and gate houses.
(c) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection C(2)(c), which listed utility substations as a conditional use, was repealed 7-20-2009 by Ord. No. 09-44.
D. 
Unclassified uses. It is recognized that it is neither possible nor practical to list all of the permitted accessory uses and structures that are compatible with those listed above in Subsection B, and therefore it is intended that said list of accessory uses and structures be only illustrative. Any individual aggrieved by a failure to list a permitted accessory use or structure in said subsection shall have the right to file a petition with the Village Zoning Administrator for determination. The Village Zoning Administrator, in making the determination, shall find that an accessory use or structure is subordinate to the permitted principal use of a structure, land or water, is located on the same lot or parcel and serves a purpose customarily incidental to the permitted principal use in said district.
E. 
Lot area and width.
(1) 
Lots shall have a minimum area of 65,340 square feet (1.5 acres).
(2) 
All lots shall have a minimum frontage of 200 feet in width unless located on a cul-de-sac or curve, in which case the lot frontage may be reduced to 100 feet of frontage, provided that there is at least 200 feet of width at the required building setback line.
F. 
Design standards.
(1) 
No building or parts of a building shall exceed 35 feet in height.
(2) 
The units in each structure shall meet the following requirements:
(a) 
Efficiency or one-bedroom units shall have a minimum floor area of 700 square feet;
(b) 
Two-bedroom units shall have a minimum floor area of 1,000 square feet; and
(c) 
Three- or more bedroom units shall have a minimum floor area of 1,200 square feet.
(3) 
Placement of each structure shall provide for proper drainage away from the foundation and shall accommodate drainage on and through the existing property by not negatively affecting the existing drainage patterns or the capabilities of draining the abutting properties.
(4) 
The main roof of the dwelling shall have a minimum roof pitch of 4:12, and the eaves on the main roof shall extend beyond the nearest vertical wall a minimum of one foot, or the roof pitch and/or eave length may be reduced as approved by the Village Zoning Administrator.
[Amended 10-1-2007 by Ord. No. 07-4011-19-2007 by Ord. No. 07-50]
(5) 
Permitted roof surface materials (including garages) include wood shakes, asphalt, fiberglass, composition or wood shingles, clay tiles, concrete tiles, slate or other appropriate roofing material as approved by the Village Zoning Administrator.
(6) 
Permitted exterior materials (including garages) include brick, stone, masonry, concrete, stucco, wood, aluminum or vinyl siding or other appropriate siding material as approved by the Village Zoning Administrator. At a minimum, 50% of each wall surface, excluding windows, doors and garage doors, shall be constructed of brick, stone, masonry or concrete. The exterior siding shall extend to the top of the foundation and be within six inches above the final grade.
(7) 
The front facade of the structure shall be placed parallel to the street property line, unless it is determined by the Zoning Administrator that aesthetics, lot configuration, layout of the neighboring structures, curve of the road or environmental features on the lot prohibit the structure from being placed parallel to the street property line.
(8) 
No overhead garage doors shall face directly toward a public right-of-way.
(9) 
All exterior additions or alterations shall be constructed of the same or complementary colors and materials and in the same architectural style as the principal structure.
(10) 
A minimum of 25% of the lot shall remain as open space.
G. 
Setbacks.
(1) 
Street setback: minimum of 65 feet from arterial streets or highways and a minimum of 40 feet from nonarterial streets or private roads.
(2) 
Shore setback: 50 feet minimum adjacent to Lake Michigan, 35 feet minimum adjacent to all other navigable waterways.
[Amended 7-17-2017 by Ord. No. 17-32]
(3) 
Wetland setback: 25 feet minimum from the wetlands on the same property and 10 feet minimum from the wetlands on adjacent properties.
(4) 
Side setback: 25 feet minimum.
(5) 
Rear setback: 50 feet minimum.
H. 
Authorized sanitary sewer system. See § 420-32 of this chapter.
I. 
Authorized water supply system. See § 420-33 of this chapter.
A. 
Primary purpose and characteristics. The R-11 Multiple-Family Residential District is intended to provide for multiple-family residential development wherein the net density shall not exceed 9.6 dwelling units per acre.
B. 
Permitted uses/structures.
(1) 
Principal uses/structures.
(a) 
One multifamily structure not to exceed 24 units per structure, which shall include private garages attached to the structure.
(b) 
Commercial communication structures (per § 420-89).
[Added 4-7-2014 by Ord. No. 14-08]
(2) 
Accessory uses/structures, including but not limited to:
(a) 
No more than a total of three of the following detached structures: private garages per § 420-86.
(b) 
No more than a total of two of the following detached structures: gardening, tool, and storage sheds or gazebos incidental to the residential use per § 420-86.
(c) 
Home occupations per Article VII.
(d) 
Driveways per § 420-47.
(e) 
Fences per Article XI.
(f) 
Decks and porches per § 420-87.
(g) 
Residential communication structures per § 420-90.
(h) 
Bus shelters per § 420-139B(1)(e).
(i) 
Signs per Article X.
(j) 
Essential services, which may be constructed on the lot prior to construction of the permitted principal structure.
C. 
Conditional uses. Conditional uses are those uses that require a special review and approval process because of their potential impact upon adjacent properties (see Article XVIII).
(1) 
Principal uses/structures.
(a) 
One multiple-family structure not to exceed 36 units per structure, which shall include private garages attached to the structure [see also § 420-148B(69)].
(b) 
Community living arrangements within a permitted principal structure [see also § 420-148B(22)].
(c) 
Model units and related temporary real estate sales offices or marketing center located within the model unit or as a separate structure [see also § 420-148B(65)].
(d) 
Common recreational facilities accessory to a multiple-family complex which is planned and developed as a coordinated whole and is unified by covenants running with the land and not open to the general public, such as but not limited to in-ground swimming pools, hot tubs, sport courts, clubhouses, recreational trails, walking trails and tot lots located within the common areas of the development, provided that they are compatible with the surrounding neighborhood and serve the needs of the residents.
(e) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection C(1)(e), which listed utility substations as a conditional use, was repealed 7-20-2009 by Ord. No. 09-44.
(2) 
Accessory uses/structures.
(a) 
Common recreational facilities accessory to a multiple-family complex which is planned and developed as a coordinated whole and is unified by covenants running with the land and not open to the general public, such as but not limited to in-ground swimming pools, hot tubs, sport courts, clubhouses, recreational trails, walking trails and tot lots located within the common areas of the development, provided that they are compatible with the surrounding neighborhood and serve the needs of the residents.
(b) 
Guard houses and gate houses.
(c) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection C(2)(c), which listed utility substations as a conditional use, was repealed 7-20-2009 by Ord. No. 09-44.
D. 
Unclassified uses. It is recognized that it is neither possible nor practical to list all of the permitted accessory uses and structures that are compatible with those listed above in Subsection B, and therefore it is intended that said list of accessory uses and structures be only illustrative. Any individual aggrieved by a failure to list a permitted accessory use or structure in said subsection shall have the right to file a petition with the Village Zoning Administrator for determination. The Village Zoning Administrator, in making the determination, shall find that an accessory use or structure is subordinate to the permitted principal use of a structure, land or water, is located on the same lot or parcel and serves a purpose customarily incidental to the permitted principal use in said district.
E. 
Lot area and width.
(1) 
Lots shall have a minimum area of 108,900 square feet (2.5 acres).
(2) 
All lots shall have a minimum frontage of 200 feet in width unless located on a cul-de-sac or curve, in which case the lot frontage may be reduced to 100 feet of frontage, provided that there is at least 200 feet of width at the required building setback line.
F. 
Design standards.
(1) 
No building or parts of a building shall exceed 35 feet in height.
(2) 
The units in each structure shall meet the following requirements:
(a) 
Efficiency or one-bedroom units shall have a minimum floor area of 700 square feet;
(b) 
Two-bedroom units shall have a minimum floor area of 1,000 square feet; and
(c) 
Three- or more bedroom units shall have a minimum floor area of 1,200 square feet.
(3) 
Placement of each structure shall provide for proper drainage away from the foundation and shall accommodate drainage on and through the existing property by not negatively affecting the existing drainage patterns or the capabilities of draining the abutting properties.
(4) 
The main roof of the dwelling shall have a minimum roof pitch of 4:12, and the eaves on the main roof shall extend beyond the nearest vertical wall a minimum of one foot, or the roof pitch and/or eave length may be reduced as approved by the Village Zoning Administrator.
[Amended 10-1-2007 by Ord. No. 07-4011-19-2007 by Ord. No. 07-50]
(5) 
Permitted roof surface materials (including garages) include wood shakes, asphalt, fiberglass, composition or wood shingles, clay tiles, concrete tiles, slate or other appropriate roofing material as approved by the Village Zoning Administrator.
(6) 
Permitted exterior materials (including garages) include brick, stone, masonry, concrete, stucco, wood, aluminum or vinyl siding or other appropriate siding material as approved by the Village Zoning Administrator. At a minimum, 50% of each wall surface, excluding windows, doors and garage doors, shall be constructed of brick, stone, masonry or concrete. The exterior siding shall extend to the top of the foundation and be within six inches above the final grade.
(7) 
The front facade of the structure shall be placed parallel to the street property line, unless it is determined by the Zoning Administrator that aesthetics, lot configuration, layout of the neighboring structures, curve of the road or environmental features on the lot prohibit the structure from being placed parallel to the street property line.
(8) 
No overhead garage doors shall face directly toward a public right-of-way.
(9) 
All exterior additions or alterations shall be constructed of the same or complementary colors and materials and in the same architectural style as the principal structure.
(10) 
A minimum of 25% of the lot shall remain as open space.
G. 
Setbacks.
(1) 
Street setback: minimum of 65 feet from arterial streets or highways and a minimum of 40 feet from nonarterial streets or private roads.
(2) 
Shore setback: 50 feet minimum adjacent to Lake Michigan, 35 feet minimum adjacent to all other navigable waterways.
[Amended 7-17-2017 by Ord. No. 17-32]
(3) 
Wetland setback: 25 feet minimum from the wetlands on the same property and 10 feet minimum from the wetlands on adjacent properties.
(4) 
Side setback: 30 feet minimum.
(5) 
Rear setback: 50 feet minimum.
H. 
Authorized sanitary sewer system. See § 420-32 of this chapter.
I. 
Authorized water supply system. See § 420-33 of this chapter.
A. 
Purpose and characteristics. The R-12 Manufactured Home/Mobile Home Park Subdivision Residential District is intended to provide for the location of manufactured/mobile home parks and manufactured/mobile home subdivisions in a residential setting that is compatible with adjacent land uses.
B. 
Permitted uses.
(1) 
Principal uses.
(a) 
Foster family homes having fewer than four foster children and not exceeding eight total occupants and which are in conformance with all state statutory requirements.
(b) 
Essential services.
(c) 
One individual manufactured/mobile home on a lot in a manufactured/mobile home park or subdivision, which may include a private garage or carport attached to the home.
(d) 
Commercial communication structures (per § 420-89).
[Added 4-7-2014 by Ord. No. 14-08]
(2) 
Accessory uses.
(a) 
No more than one detached gardening, tool or storage shed or gazebo incidental to the residential use on a manufactured/mobile home lot, provided that the storage building does not exceed 150 square feet and subject to the requirements in § 420-86 of this chapter.
(b) 
Driveways (per § 420-46).
(c) 
Swimming pools (per Article XII).
(d) 
Decks (per § 420-87).
(e) 
Fences (per Article XI).
(f) 
Residential communication structures (per § 420-90).
(g) 
Bus shelters [per § 420-139B(1)(e)].
C. 
Conditional uses. Conditional uses are those uses that require a special review and approval process because of their potential impact upon adjacent properties (see Article XVIII).
(1) 
Principal uses.
(a) 
Manufactured/mobile home parks [per § 420-148B(64)].
(b) 
Manufactured/model mobile home and related temporary real estate sales office located within the model unit [per § 420-148B(66)].
(c) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection C(1)(c), which listed utility substations as a conditional use, was repealed 7-20-2009 by Ord. No. 09-44.
(2) 
Accessory uses.
(a) 
Recreational facilities accessory to a development, such as pools, clubhouses, recreational trails, walking trails and tot lots, provided that they are compatible with the surrounding neighborhood and serve the needs of the residents.
(3) 
Guard houses and gate houses [per § 420-139B(1)(m)].
D. 
Unclassified uses. Any use not specifically listed as a permitted use or conditional use shall be considered to be prohibited except as may be otherwise provided elsewhere in this chapter. In case of question as to the classification of use, the question shall be submitted to the Village Board for determination.
E. 
Lot area and width.
(1) 
Lots in a manufactured/mobile home park or subdivision shall have a minimum of 7,700 square feet in area.
(2) 
If the short side of the manufactured home/mobile home is parallel to the roadway, then the lot shall not be less than 70 feet in frontage width unless located on a cul-de-sac or curve, in which case the lot frontage width may be reduced to 45 feet of frontage width, provided that there is at least 70 feet of width at the required building setback line and provided that the lot is at least 110 feet deep.
(3) 
If the long side of the manufactured home/mobile home is parallel to the roadway, the lot shall not be less than 95 feet in frontage width unless located on a cul-de-sac or curve, in which case the lot frontage width may be reduced to 60 feet of frontage width, provided that there is at least 95 feet of width at the required building setback line and provided that the lot is at least 85 feet deep.
F. 
Manufactured/mobile home standards.
(1) 
No building or parts of a building shall exceed 25 feet in height.
(2) 
The minimum floor area shall be 600 square feet, excluding the garage, decks, and porches.
(3) 
The unit shall be set on a temporary foundation.
(4) 
Vented skirting of flame-resistant material for a manufactured/mobile home is required. Areas enclosed by such skirting shall be maintained so as not to provide a harborage for rodents or create a fire hazard. The skirting material shall be of the same material and style as the exterior siding and shall extend to the ground.
G. 
Setbacks.
(1) 
Street setback: minimum of 65 feet from arterial streets or highways and a minimum of 30 feet from nonarterial streets or private roads, except as provided for in § 420-139B(2)(b).
(2) 
Shore setback: 50 feet minimum adjacent to Lake Michigan, 35 feet minimum adjacent to all other navigable waterways.
[Amended 7-17-2017 by Ord. No. 17-32]
(3) 
Wetland setback: 25 feet minimum from the wetlands on the same property and 10 feet minimum from the wetlands on adjacent properties.
(4) 
Side setback: not less than eight feet to the side lot line of the manufactured/mobile home, except that if an attached garage or carport is not constructed at the same time that the manufactured/mobile home is constructed, then a fifteen-foot side setback shall be required on at least one side; also except as provided for in § 420-139B(7).
(5) 
Rear setback: 20 feet minimum from the manufactured/mobile home lot line.
H. 
Authorized sanitary sewer system. See § 420-32 of this chapter.
I. 
Authorized water supply system. See § 420-33 of this chapter.
A. 
Purpose and characteristics. The B-1 Neighborhood Business District is intended to provide for a cluster of retail, service and office uses of a type and at a scale designed to serve the needs of the surrounding residential neighborhoods. B-1 Districts shall be located at the intersection of two arterial streets or highways. The territory in each B-1 District shall be contiguous (corner to corner shall be sufficient), exclusive of intervening streets, highways, navigable waterways and wetlands. The area of each B-1 District shall include at least one corner of the intersection and at least five acres but not more than 20 acres, both exclusive of intervening streets, highways, navigable waterways and wetlands; provided, however, that parcels zoned to a business classification as of January 1, 2002, which could appropriately be zoned B-1 but for the minimum district area requirement may nevertheless be zoned B-1. No such district shall be established unless it is in compliance with duly adopted or amended comprehensive, neighborhood and conceptual plans.
B. 
Permitted uses. The following listed principal uses, and certain unspecified principal uses approved pursuant to Subsection C below, are allowed as permitted uses in the B-1 District, subject to the requirements of Article IX of this chapter and all other applicable provisions of this chapter and other Village ordinances and codes:
(1) 
Retail uses. The retail sale of any of the following goods or products is a permitted use in the B-1 District: antiques; apparel; appliances; art; art supplies; audio recordings; automotive supplies; bakery goods; bicycles and accessories; books; camping supplies; candy; cameras and photographic supplies; cards; carpets; cosmetics; electronic equipment; eye glasses and related products; fabric; firearms and accessories; flowers; frames; furniture and home furnishings; gifts; glassware; groceries (with or without alcoholic beverages as package goods in a grocery store or convenience store); hardware; hobby and craft supplies; home improvement supplies; ice cream; jewelry; kitchen and/or bathroom fixtures or accessories; lawn and garden equipment and supplies (but not including a nursery or greenhouse); luggage; novelties; marine supplies; musical instruments and accessories; newspapers and magazines; office supplies; paint; pets and pet supplies; pharmaceuticals; prepared food not for consumption on the premises; shoes and accessories; souvenirs; sporting goods; sundries; telephones; tobacco; toys; and video recordings.
(2) 
Service uses. The following service uses are permitted uses in the B-1 District: art gallery; audio recording rental; bakery (not selling wholesale); barbershop; beauty salon; book rental; caterer; coffeehouse; day spa; dance studio; dry cleaning; equipment rental; equipment repair; financial institution; locksmith; mailing service; photocopying center; photography studio; photographic development and printing; physical fitness facility; restaurant (whether or not alcoholic beverages are served or sold and with or without a dedicated bar, but not including a drive-in restaurant, a restaurant with a drive-through facility, a restaurant with outdoor seating or a restaurant with a dedicated brewing facility); shoe shine or repair service; skilled trade office, shop and/or retail facility; tailor; tanning salon; ticket sales; travel agency; upholstery shop; and video recording rental.
(3) 
Office or clinic uses. The following office or clinic uses are permitted uses in the B-1 District: accounting; architectural; dental; engineering; financial services; informational services; insurance; legal; medical (but no ambulance service); and real estate.
(4) 
Commercial communication structures (as a principal or accessory use per § 420-89).
[Added 4-7-2014 by Ord. No. 14-08]
C. 
Unspecified permitted uses. The Zoning Administrator shall have authority to approve as a permitted use in the B-1 District a proposed principal use not listed in Subsection B above if the proposed use is similar in character to one or more of the listed permitted uses in the B-1 District and is free of potential problems requiring special regulation. The Zoning Administrator shall make written findings supporting any such decision. Any use so approved shall be subject to all requirements of Subsection B above. Notwithstanding the foregoing authorization, and without limitation, the following uses shall not be construed to be permitted uses in the B-1 District:
(1) 
Any listed permitted use in the B-2, B-3, B-4 or B-5 District that is not listed in Subsection B above.
(2) 
Any listed conditional use in the B-1, B-2, B-3, B-4 or B-5 District.
(2.1)
Convenient cash business.
[Added 1-15-2007 by Ord. No. 07-01]
(3) 
Funeral home.
(4) 
Hotel.
(5) 
Motel.
(6) 
Indoor/outdoor flea market.
[Amended 10-24-2011 by Ord. No. 11-32]
(7) 
Pawnshop.
(8) 
Psychic/tarot card/astrology reading.
(9) 
Truck stop and/or truck service facility.
(10) 
Sale or storage of fireworks.
(11) 
Nursery.
(12) 
Greenhouse.
(13) 
Bakery selling wholesale.
(14) 
Adult-oriented uses, including, without limitation, an adult bookstore, adult cabaret, adult club, adult dry cabaret, adult movie theater, adult video rental store, adult video store or adult viewing facility.
(15) 
Any use involving the serving or selling of alcoholic beverages that is not specifically listed in Subsection B above.
(16) 
Wrecking, junk, demolition and scrap yards.
[Added 4-18-2011 by Ord. No. 11-10]
D. 
Conditional uses. The following listed uses may be permitted as conditional uses in the B-1 District (as principal uses or accessory uses, as appropriate) pursuant to and in accordance with Article XVIII of this chapter, subject to the requirements of Article IX and all other applicable provisions of this chapter and other Village ordinances and codes:
(1) 
Service uses. The following service uses may be permitted as conditional uses in the B-1 District:
(a) 
Car wash.
(b) 
Day-care facility, either for children or adults.
(c) 
Gasoline station.
(d) 
Restaurant (not including a drive-in restaurant or a restaurant with a drive-through facility), whether or not alcoholic beverages are served or sold, with or without a dedicated brewing facility, with or without a dedicated bar, and with or without outdoor seating.
(2) 
Miscellaneous uses. The following miscellaneous uses may be permitted as conditional uses in the B-1 District:
(a) 
(Reserved)[1]
[1]
Editor’s Note: Former Subsection D(2)(a), concerning commercial communication antennas and like devices, was repealed 4-7-2014 by Ord. No. 14-08.
(b) 
Electric power substation or gas metering substation (only as a principal use on its own lot).
(c) 
(Reserved)[2]
[2]
Editor’s Note: Former Subsection D(2)(c), concerning freestanding commercial communication structures, was repealed 4-7-2014 by Ord. No. 14-08.
(d) 
Transmission line (electric power or natural gas).
(e) 
Utility substation building (only as a principal use on its own lot).
E. 
Special licensed uses. Uses requiring a Village adult-oriented use license, cabaret license or liquor license granted by the Village Board (including nonconforming uses) may only be conducted pursuant to and in accordance with such a license.
(1) 
Without limitation, such uses include the following:
(a) 
Any restaurant in which alcoholic beverages are served or sold (some are prohibited in the B-1 District).
(b) 
Any cabaret (prohibited in the B-1 District).
(c) 
Any tavern (prohibited in the B-1 District).
(d) 
Any liquor store (prohibited in the B-1 District).
(e) 
Any adult-oriented use, including, without limitation, an adult bookstore, adult cabaret, adult club, adult dry cabaret, adult movie theater, adult video rental store, adult video store or adult viewing facility (all prohibited in the B-1 District). For existing adult-oriented uses, see § 420-119E(1)(e), which is incorporated by reference to the extent applicable.
(2) 
The granting of a Village license by the Village Board is not assured either by permitted use status or by the granting of a conditional use permit or of any other permit or approval under this chapter.
F. 
Combination of uses. Except as otherwise specifically provided in this section, two or more principal uses and their related accessory uses may be located and conducted in the same principal building in the B-1 District, subject to Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes, in accordance with each of the following restrictions to the extent such restrictions are applicable:
(1) 
Permitted uses allowed in the B-1 District and their related accessory uses may be located separately or together, and may be conducted separately or together, with other such permitted uses and their related accessory uses in the same principal building in the B-1 District.
(2) 
Conditional uses allowed in the B-1 District and their related accessory uses may be located separately or together, and may be conducted separately or together, with other such conditional uses and their related accessory uses in the same principal building in the B-1 District; provided, however, that the area of a building occupied by a conditional use and any related accessory uses shall be a physically separate defined area in which any proposed new use of any kind (or any use of any kind existing as of the time when the conditional use permit for such conditional use or any amendment of such permit is approved) shall be allowed only pursuant to and in accordance with the conditional use permit issued for such conditional use under Article XVIII of this chapter.
(3) 
Permitted uses allowed in the B-1 District and their related accessory uses and conditional uses allowed in the B-1 District and their related accessory uses may be located separately or together, and may be conducted separately or together, in the same principal building in the B-1 District; provided, however, that the area of a building occupied by a conditional use and any related accessory uses shall be a physically separate defined area in which any other use or any proposed new use of any kind (or any use of any kind existing as of the time when the conditional use permit for such conditional use or any amendment of such permit is approved) shall be allowed only pursuant to and in accordance with the conditional use permit issued for such conditional use under Article XVIII of this chapter.
(4) 
Nonconforming uses existing in the B-1 District as of the effective date of Ordinance No. 03-23 (June 4, 2003), and any related accessory uses as of such date, may be continued in the same principal building with other uses; provided, however, that no nonconforming use and no accessory use to a nonconforming use may be extended or expanded into new areas, and no new accessory use related to such nonconforming use (and no prior accessory use to such nonconforming use that has been discontinued as an actively conducted use for a period of 12 or more consecutive months) may be commenced or recommenced, and further provided that the area of a building occupied by a nonconforming use and any related accessory uses shall be a physically separate defined area in which any proposed new use of any kind shall be prohibited.
G. 
Accessory uses.
(1) 
Except as otherwise specifically provided in this chapter, accessory uses to principal uses allowed in the B-1 District are allowed, subject to Article IX and all other applicable provisions of this chapter and other Village ordinances and codes, as follows:
(a) 
Accessory uses to principal permitted uses in the B-1 District are allowed.
(b) 
Accessory uses to principal conditional uses allowed in the B-1 District are allowed, but only pursuant to and in accordance with a conditional use permit issued under Article XVIII of this chapter.
(2) 
In the event of any issue about whether a particular use is properly an accessory use, the Zoning Administrator shall have authority to decide. The Zoning Administrator shall make written findings to support any such decision.
(3) 
New proposed accessory uses to nonconforming uses (and any prior accessory uses to a nonconforming use that have been discontinued as actively conducted uses for 12 or more consecutive months) are prohibited.
H. 
Prohibited uses. Uses that are not specifically allowed in the B-1 District by this chapter are prohibited in the B-1 District.
I. 
Dimensional standards. Except as otherwise specifically provided in this chapter, and without limitation, all uses, sites, buildings and structures in the B-1 District shall comply with the following dimensional standards to the extent applicable:
(1) 
Lot size: one acre minimum, except that the minimum lot size for a freestanding commercial communication structure or a utility substation building shall be as prescribed by § 420-148B of this chapter, and further provided that no minimum lot size shall be applicable to a transmission line.
(2) 
Lot frontage on a public street: 150 feet minimum; provided, however, that on a substantial curve the public street frontage may be reduced as necessary to an absolute minimum of 100 feet if all other requirements are satisfied, except that the minimum lot frontage on a public street for a freestanding commercial communication structure or a utility substation building shall be as prescribed by § 420-148B of this chapter, and further provided that no minimum lot frontage on a public street shall be applicable to a transmission line.
(3) 
Open space: 30% minimum.
(4) 
Principal building standards:
(a) 
Gross floor area: 1,500 square feet minimum and 5,000 square feet maximum, except that the minimum gross floor area for a utility substation building shall be as prescribed by § 420-148B of this chapter.
(b) 
Height: 35 feet maximum.
(c) 
Setbacks:
[1] 
Street setback: minimum of 65 feet from arterial streets or highways and a minimum of 30 feet from nonarterial streets or private roads.
[2] 
Side setback: 25 feet minimum.
[3] 
Rear setback: 25 feet minimum.
[4] 
Shore setback: 50 feet minimum adjacent to Lake Michigan, 35 feet minimum adjacent to all other navigable waterways.
[Amended 7-17-2017 by Ord. No. 17-32]
[5] 
Wetland setback: 25 feet minimum.
(5) 
Detached accessory building/trash enclosure standards:
(a) 
Gross floor area: 300 square feet maximum.
(b) 
Height: 15 feet maximum.
(c) 
Shall only be located in the side or rear yard.
(d) 
Setbacks:
[1] 
Street setback: minimum of 65 feet from arterial streets or highways and a minimum of 30 feet from nonarterial streets or private roads.
[2] 
Side setback: 10 feet minimum.
[3] 
Rear setback: 10 feet minimum.
[4] 
Shore setback: 50 feet minimum adjacent to Lake Michigan, 35 feet minimum adjacent to all other navigable waterways.
[Amended 7-17-2017 by Ord. No. 17-32]
[5] 
Wetland setback: 25 feet minimum.
(e) 
Distance between principal building and accessory building on the same lot: 10 feet minimum.
J. 
Design standards. Except as otherwise specifically provided in this chapter, and without limitation, all uses, sites, buildings and structures in the B-1 District shall comply with the following design standards to the extent applicable:
(1) 
Number of principal structures per lot: one maximum; provided, however, that attached buildings are allowed if the attachment is a fire wall between each two attached buildings, with no pedestrian openings, and that the horizontal distance of the attachment is at least 75% of the length or width of one of each two attached buildings and a minimum of 25 feet, and, without limitation, that each such attached building individually satisfies the minimum gross floor area restriction for principal buildings and that all such buildings attached to one another collectively comply with any maximum gross floor area restriction for principal buildings, and further provided that one or more nonaccessory commercial communication antennas, whips, panels or other similar transmission or reception devices (but no towers) mounted on a principal building or structure are allowed.
(2) 
Number of detached accessory buildings and/or detached trash enclosures: one maximum (may be combined).
(3) 
All accessory uses or structures shall be on the same lot or approved site as the principal use.
(4) 
Site and operational plan requirements pursuant to Article IX of this chapter.
(5) 
Parking, access and traffic requirements pursuant to Article VIII of this chapter.
(6) 
Sign requirements pursuant to Article X of this chapter.
(7) 
Fence requirements pursuant to Article XI of this chapter.
(8) 
Each use, site, building and structure shall be designed, laid out, constructed and maintained in full compliance with the approved site and operational plan, any required conditional use permit, any required license and all other applicable provisions of this chapter and of all other Village ordinances and codes.
K. 
Operational standards. Except as otherwise specifically provided in this chapter, and without limitation, all uses, sites, buildings and structures in the B-1 District shall comply with the following operational standards to the extent applicable:
(1) 
Hours of operation (when the public is allowed to enter or remain on site for business purposes), except for uses requiring a Village liquor license: 6:00 a.m. to 11:00 p.m. maximum; for uses requiring a Village liquor license: as provided in § 125.68(4), Wis. Stats.
(2) 
Hours for deliveries, or any other activities outside the principal building that might cause a disturbance to neighboring residential areas (e.g., outside loading or unloading, the arrival of deliveries, idling of delivery trucks, beeping of backing vehicles, and garbage pickup), except for snow removal: 6:00 a.m. to 10:00 p.m. maximum.
(3) 
Except as otherwise specifically permitted by this chapter, all business activities shall be conducted within a building.
(4) 
No outside storage or display of merchandise is allowed, except for gasoline station and convenience store uses only and pursuant to the following:
[Amended 8-17-2009 by Ord. No. 09-47]
(a) 
A maximum of one, eight-foot-by-six-foot-by-three-foot [(L x H x D) maximum size] outdoor ice storage bin is allowed per parcel.
(b) 
A maximum of one, eight-foot-by-six-foot-by-four-foot [(L x H x D) maximum size] outdoor liquid propane (LP) storage cage shall be allowed per parcel.
(c) 
The ice storage bins and LP storage cages:
[1] 
Shall be located against a solid front or side wall of the principal structure.
[2] 
Shall not be located against a rear or back wall of a building.
[3] 
Shall not be located in front of windows or doorways and shall not block or obstruct any windows or doorways.
[4] 
Shall not block or obstruct any walkways associated with handicapped accessibility to the main entrance of the building.
[5] 
Shall be maintained in a state of good repair; not dented, crushed or bent.
[6] 
Shall not contain rust and shall not have peeling/chipped paint.
[7] 
Shall not be allowed to have plastic banners, streamers or other signage affixed, placed or attached to the containers.
[8] 
Are allowed limited signage on the exterior of the storage units that is limited to the use therein (i.e., ice and LP gas advertising signage).
(d) 
The LP storage cages:
[1] 
Shall be in compliance with the most current edition of the National Fire Protection Association (NFPA) Standard 58 (Liquefied Petroleum Gas Code).
[2] 
Shall be protected by a bollard, raised sidewalk or some other acceptable means to provide protection against accidental vehicle impact or damage. The means of protection shall be reviewed and approved, on a case-by-case basis, by the Chief of the Fire & Rescue Department, or his/her designee. The Chief of the Fire & Rescue Department shall determine the location, spacing and the quantity of the bollard(s). The means of protection shall not obstruct or inhibit on-site vehicular or pedestrian traffic flow.
(e) 
All LP containers/cylinders shall be stored inside the LP cages.
(5) 
No on-site residential uses are allowed.
(6) 
Each use, site, building and structure shall comply with all applicable performance standards set forth in § 420-38 of this chapter.
(7) 
Each building, structure and site shall be maintained in a neat, presentable, aesthetically pleasing, structurally sound and nonhazardous condition. All litter and debris shall be promptly removed.
(8) 
Each use, site, building and structure shall be operated in full compliance with the approved site and operational plan, any required conditional use permit, any required license and all other applicable provisions of this chapter and of all other Village ordinances and codes.
L. 
Municipal services required. Except as otherwise specifically provided in this chapter, and without limitation, no proposed new, reconstructed or relocated principal building shall be permitted in the B-1 District unless it is connected to the Village's public sewer and water systems, and any existing principal building not already connected to the Village's public sewer and water shall be so connected before any addition is made to such building, or before any proposed change in the use of such building is made from one use category to another (e.g., residential to business); and before any proposed use is commenced or recommenced in such a building that has been vacant or unused for 12 consecutive months or longer.
A. 
Purpose and characteristics. The B-2 Community Business District is intended to provide for a cluster of retail, service and office uses of a type and at a scale designed to serve the entire community. B-2 Districts shall be located at the intersection of two arterial streets or highways. The territory in each B-2 District shall be contiguous (corner to corner shall be sufficient), exclusive of intervening streets, highways, navigable waterways, wetlands and territory fronting on the same street or highway that is within the limits of another municipality. The area of each B-2 District shall include at least one corner of the intersection and a minimum of five acres, both exclusive of intervening streets, highways, navigable waterways, wetlands and territory fronting on the same street or highway that is within the limits of another municipality; provided, however, that parcels zoned to a business classification as of January 1, 2002, which could appropriately be zoned B-2 but for the minimum district area requirement may nevertheless be zoned B-2. No such district shall be established unless it is in compliance with duly adopted or amended comprehensive, neighborhood and conceptual plans.
B. 
Permitted uses. The following listed principal uses, and certain unspecified principal uses approved pursuant to Subsection C below, are allowed as permitted uses in the B-2 District, subject to the requirements of Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes:
(1) 
Retail uses. The retail sale of any of the following goods or products is a permitted use in the B-2 District: adult-oriented retail uses (including, without limitation, an adult bookstore or an adult video store); antiques; apparel; appliances; art; art supplies; audio recordings; automotive supplies; bakery goods; bicycles and accessories; books; camping supplies; candy; cameras and photographic supplies; cards; carpets; cosmetics; electronic equipment; eye glasses and related products; fabric; firearms and accessories; flowers; frames; furniture and home furnishings; gifts; glassware; groceries (with or without alcoholic beverages as package goods in a supermarket, grocery store or convenience store); hardware; hobby and craft supplies; home improvement supplies; ice cream; jewelry; kitchen and/or bathroom fixtures or accessories; lawn and garden equipment and supplies (but not including a nursery or greenhouse); luggage; novelties; marine supplies; musical instruments and accessories; newspapers and magazines; office supplies; paint; pets and pet supplies; pharmaceuticals; prepared food not for consumption on the premises; shoes and accessories; souvenirs; sporting goods; sundries; telephones; tobacco; toys; and video recordings.
(2) 
Service uses. The following service uses are permitted uses in the B-2 District: adult-oriented service uses (including, without limitation, adult cabaret, adult club, adult dry cabaret, adult movie theater, adult video rental store, adult video store or adult viewing facility); art gallery; audio recording rental; bakery (not selling wholesale); barbershop; beauty salon; book rental; caterer; coffeehouse; day spa; dance studio; dry cleaning; equipment rental; equipment repair; financial institution; funeral home (without a crematorium); hotel, with or without banquet and/or convention facilities, whether or not alcoholic beverages are served or sold, and with or without a dedicated bar; laundromat; library; locksmith; mailing service; photocopying center; photography studio; photographic development and printing; physical fitness facility; restaurant (whether or not alcoholic beverages are served or sold, and with or without a dedicated bar, with or with outdoor seating, but not including a drive-in restaurant, a restaurant with a drive-through facility, or a restaurant with a dedicated brewing facility); shoe shine or repair service; skilled trade office, shop and/or retail facility; tailor; tanning salon; ticket sales; travel agency; upholstery shop; and video recording rental.
[Amended 9-18-2006 by Ord. No. 06-44]
(3) 
Office or clinic uses. The following office or clinic uses are permitted uses in the B-1 District: accounting; architectural; dental; engineering; financial services; information services; insurance; legal; medical (but no ambulance service); and real estate.
(4) 
Commercial communication structures (as a principal or accessory use per § 420-89).
[Added 4-7-2014 by Ord. No. 14-08]
C. 
Unspecified permitted uses. The Zoning Administrator shall have authority to approve as a permitted use in the B-2 District a proposed principal use not listed in Subsection B above if the proposed use is similar in character to one or more of the listed permitted uses in the B-2 District and is free of potential problems requiring special regulation. The Zoning Administrator shall make written findings supporting any such decision. Any use so approved shall be subject to all requirements of Subsection B above. Notwithstanding the foregoing authorization, the following uses shall not be construed to be permitted uses in the B-2 District:
(1) 
Any listed permitted use in the B-1, B-3, B-4 or B-5 District that is not listed in Subsection B above.
(2) 
Any listed conditional use in the B-1, B-2, B-3, B-4 or B-5 District.
(3) 
Motel.
(4) 
Indoor/outdoor flea market.
[Amended 10-24-2011 by Ord. No. 11-32]
(5) 
Pawnshop.
(6) 
Psychic/tarot card/astrology reading.
(7) 
Truck stop and/or truck service facility.
(8) 
Sale or storage of fireworks.
(9) 
Nursery.
(10) 
Greenhouse.
(11) 
Bakery selling wholesale.
(12) 
Any use involving the serving or selling of alcoholic beverages that is not specifically listed in Subsection B above.
(13) 
Wrecking, junk, demolition and scrap yards.
[Added 4-18-2011 by Ord. No. 11-10]
D. 
Conditional uses. The following uses may be permitted as conditional uses in the B-2 District (as principal uses or accessory uses, as appropriate) pursuant to and in accordance with Article XVIII of this chapter, subject to the requirements of Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes:
(1) 
Retail uses. The following retail uses may be permitted as conditional uses in the B-2 District:
(a) 
The retail sale of automobiles, trucks or recreational vehicles (new or used).
(b) 
Liquor store (without a drive-through facility).
(c) 
Outdoor display or storage of merchandise related to a principal indoor retail use, except as noted in § 420-119K(4).
[Amended 3-17-2008 by Ord. No. 08-19]
(2) 
Service uses. The following service uses may be permitted as conditional uses in the B-2 District:
(a) 
Ambulance service.
(b) 
Automobile, truck or recreational vehicle rental.
(c) 
Cabaret.
(d) 
Car wash (as a principal use or, without limitation, as an accessory use to a gasoline station).
(e) 
Club or lodge, whether or not alcoholic beverages are served or sold.
(f) 
Concert facility, whether or not alcoholic beverages are served or sold.
(f.1)
Convenient cash business.
[Added 1-15-2007 by Ord. No. 07-01]
(g) 
Day-care facility, either for children or adults.
(h) 
Dinner theater, whether or not alcoholic beverages are served or sold.
(i) 
Drive-in restaurant (in which alcoholic beverages are not served or sold).
(j) 
Drive-through facility associated with any allowed service use, except as otherwise specifically provided.
(k) 
Drive-in theater.
(l) 
Dry cabaret.
(m) 
Funeral home with a crematorium.
(n) 
Gasoline station.
(o) 
Indoor commercial recreational facility.
(p) 
Mini storage facility.
(q) 
Motor vehicle repair and service.
(r) 
Movie theater.
(s) 
Museum.
(t) 
Recording studio.
(u) 
Restaurant, whether or not alcoholic beverages are served or sold, with or without outdoor seating and with or without a dedicated bar (not including a drive-in restaurant), with one or more of the following: a drive-through facility and/or a dedicated brewing facility; provided, however, that no alcoholic beverages shall be served or sold in or through any drive-through facility.
[Amended 9-18-2006 by Ord. No. 06-44]
(v) 
Tattoo studio.
(w) 
Tavern, with or without a dedicated brewing facility.
(x) 
Taxidermy.
(y) 
Taxi service.
(z) 
Theater.
(aa) 
Therapeutic massage.
(bb) 
Veterinarian office.
(cc) 
Veterinarian emergency services office.
[Added 12-17-2007 by Ord. No. 07-58]
(3) 
Miscellaneous uses. The following miscellaneous uses may be permitted as conditional uses in the B-2 District:
(a) 
(Reserved)[1]
[1]
Editor’s Note: Former Subsection D(3)(a), concerning commercial communication antennas and like devices, was repealed 4-7-2014 by Ord. No. 14-08.
(b) 
Electric power or gas metering substation (only as a principal use on its own lot).
(c) 
(Reserved)[2]
[2]
Editor’s Note: Former Subsection D(3)(c), concerning freestanding commercial communication structures, was repealed 4-7-2014 by Ord. No. 14-08.
(d) 
Transmission line (electric power or natural gas).
(e) 
Utility substation building (only as a principal use on its own lot).
E. 
Special licensed uses. Uses requiring a Village adult-oriented use license, cabaret license or liquor license granted by the Village Board (including nonconforming uses) may only be conducted pursuant to and in accordance with such a license.
(1) 
Without limitation, such uses include the following:
(a) 
Any restaurant in which alcoholic beverages are served or sold (some are prohibited in the B-2 District).
(b) 
Any cabaret.
(c) 
Any tavern.
(d) 
Any liquor store.
(e) 
Any adult-oriented use, including, without limitation, an adult bookstore, adult cabaret, adult club, adult dry cabaret, adult movie theater, adult video rental store, adult video store or adult viewing facility. In this chapter, an adult-oriented use (e.g., an adult cabaret) is classified and treated as a separate and distinct use from the closest type of non-adult-oriented use (e.g., a cabaret).
[1] 
Adult-oriented uses are allowed in the B-2 District, subject to the requirements of Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes, provided that at the time the application for site and operational plan approval for the commencement or expansion of such proposed adult-oriented use is decided by the Village Plan Commission or Zoning Administrator:
[Amended 3-3-2008 by Ord. No. 08-17]
[a] 
The physically separate defined area of the building in which an adult-oriented use is proposed to be commenced or expanded shall be not less than 300 feet in a direct line from the nearest lot line of any lot on which any school, church or day-care center for children is located or has a vested right to locate;
[b] 
The physically separate defined area of the building in which an adult-oriented use is proposed to be commenced or expanded shall be not less than 300 feet in a direct line from any land area zoned residential (including street and railroad rights-of-way); and
[c] 
The physically separate defined area of the building in which an adult-oriented use is proposed to be commenced or expanded shall be not less than 300 feet in a direct line from the physically separate defined area of the building in which any separately located adult-oriented use is located or has a vested right to locate.
[2] 
In the event that a proposed adult-oriented use involves a use which would otherwise require a conditional use permit (e.g., a proposed adult cabaret, involving a cabaret that would otherwise require a conditional use permit), the requirement of an adult-oriented use license shall be substituted for the requirement of a conditional use permit. In the event that an existing use operating under a conditional use permit proposes to become an adult-oriented use (e.g., a cabaret for which a conditional use permit has been granted proposes to become an adult cabaret), the conditional use permit for the existing use shall automatically be terminated upon the granting of an adult-oriented use license by the Village Board, so that the adult-oriented use will not be subject to conditional use permit requirements.
(2) 
The granting of a Village license by the Village Board is not assured either by permitted use status or by the granting of a conditional use permit or of any other permit or approval under this chapter.
F. 
Combination of uses. Except as otherwise specifically provided for in this section, two or more principal uses and their related accessory uses may be located and conducted in the same principal building in the B-2 District, subject to Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes, in accordance with each of the following restrictions to the extent such restrictions are applicable:
(1) 
Permitted uses allowed in the B-2 District and their related accessory uses may be located separately or together, and may be conducted separately or together, with other such permitted uses and their related accessory uses in the same principal building in the B-2 District.
(2) 
Conditional uses allowed in the B-2 District and their related accessory uses may be located separately or together, and may be conducted separately or together, with other such conditional uses and their related accessory uses in the same principal building in the B-2 District; provided, however, that the area of a building occupied by a conditional use and any related accessory uses shall be a physically separate defined area in which any proposed new use of any kind (or any use of any kind existing as of the time when the conditional use permit for such conditional use or any amendment of such permit is approved) shall be allowed only pursuant to and in accordance with the conditional use permit issued for such conditional use under Article XVIII of this chapter.
(3) 
Permitted uses allowed in the B-2 District and their related accessory uses and conditional uses allowed in the B-2 District and their related accessory uses may be located separately or together, and may be conducted separately or together, in the same principal building in the B-2 District; provided, however, that the area of a building occupied by a conditional use and any related accessory uses shall be a physically separate defined area in which any proposed new use of any kind (or any use of any kind existing as of the time when the conditional use permit for such conditional use or any amendment of such permit is approved) shall be allowed only pursuant to and in accordance with the conditional use permit issued for such conditional use under Article XVIII of this chapter.
(4) 
Nonconforming uses existing in the B-2 District as of the effective date of Ordinance No. 03-24 (June 4, 2003) and any related accessory uses existing as of such date may be continued in the same principal building with other uses; provided, however, that no nonconforming use and no accessory use to a nonconforming use may be extended or expanded into new areas, and no new accessory use related to such nonconforming use (and no prior accessory use to such nonconforming use that has been discontinued as an actively conducted use for a period of 12 or more consecutive months) may be commenced or recommenced, and further provided that the area of a building occupied by a nonconforming use and any related accessory uses shall be a physically separate defined area in which any proposed new use of any kind shall be prohibited.
G. 
Accessory uses.
(1) 
Except as otherwise specifically provided in this chapter, accessory uses to principal uses allowed in the B-2 District are allowed, subject to Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes, as follows:
(a) 
Accessory uses to principal permitted uses in the B-2 District are allowed.
(b) 
Accessory uses to principal conditional uses allowed in the B-2 District are allowed, but only pursuant to and in accordance with a conditional use permit issued under Article XVIII of this chapter.
(c) 
Accessory uses to principal adult-oriented uses allowed in the B-2 District are allowed, but only pursuant to and in accordance with a Village adult-oriented use license.
(2) 
New proposed accessory uses to nonconforming uses (and any prior accessory uses to a nonconforming use that have been discontinued as actively conducted uses for 12 or more consecutive months) are prohibited.
(3) 
In the event of any issue about whether a particular use is properly an accessory use, the Zoning Administrator shall have authority to decide. The Zoning Administrator shall make written findings to support any such decision.
H. 
Prohibited uses. Uses that are not specifically allowed in the B-2 District by this chapter are prohibited in the B-2 District.
I. 
Dimensional standards. Except as otherwise specifically provided in this chapter, and without limitation, all uses, sites, buildings and structures in the B-2 District shall comply with the following dimensional standards to the extent applicable:
(1) 
Lot size: two acres minimum, except that the minimum lot size for a freestanding commercial communication structure or a utility substation building shall be as prescribed by § 420-148 of this chapter; and further provided that no minimum lot size shall be applicable to a transmission line.
(2) 
Lot frontage on a public street: 150 feet minimum; provided, however, that on a substantial curve the public street frontage may be reduced as necessary to an absolute minimum of 100 feet if all other requirements are satisfied, except that the minimum lot frontage on a public street for a freestanding commercial communication structure or a utility substation building shall be as prescribed by § 420-148 of this chapter, and further provided that no minimum lot frontage on a public street shall be applicable to a transmission line.
(3) 
Open space: 30% minimum.
(4) 
Principal building standards:
(a) 
Gross floor area: 4,000 square feet minimum and 25,000 square feet maximum, except that the minimum gross floor area for a utility substation building shall be as prescribed by § 420-148 of this chapter, and except that the maximum gross floor area for a hotel shall not exceed 100,000 square feet.
[Amended 2-21-2008 by Ord. No. 08-04]
(b) 
Height: 35 feet maximum, except for a hotel which shall not exceed 60 feet.
[Amended 2-21-2008 by Ord. No. 08-04]
(c) 
Setbacks:
[1] 
Street setback: minimum of 65 feet from arterial streets or highways and a minimum of 40 feet from nonarterial streets or private roads.
[2] 
Side setback: 30 feet minimum.
[3] 
Rear setback: 30 feet minimum.
[4] 
Shore setback: 50 feet minimum adjacent to Lake Michigan, 35 feet minimum adjacent to all other navigable waterways.
[Amended 7-17-2017 by Ord. No. 17-32]
[5] 
Wetland setback: 25 feet minimum.
(5) 
Detached accessory building/trash enclosure standards: detached accessory buildings or trash enclosures are prohibited.
J. 
Design standards. Except as otherwise specifically provided in this chapter, and without limitation, all uses, sites, buildings and structures in the B-2 District shall comply with the following design standards to the extent applicable:
(1) 
Number of principal structures per lot: One maximum; provided, however, that attached buildings are allowed if the attachment is a fire wall between each two attached buildings, with no pedestrian openings, and that the horizontal distance of the attachment is at least 75% of the length or width of one of each two attached buildings and a minimum of 75 feet, and, without limitation, that each such attached building individually satisfies the minimum gross floor area restriction for principal buildings and that all such buildings attached to one another collectively comply with any maximum gross floor area restriction for principal buildings, and further provided that one or more commercial communication antennas, whips, panels or other similar transmission or reception devices (but no towers) mounted on a principal building or structure are allowed.
(2) 
Number of detached accessory buildings and/or detached trash enclosures: none (trash enclosure shall be part of the principal building).
(3) 
All accessory uses or structures shall be on the same lot or approved site as the principal use.
(4) 
Site and operational plan requirements pursuant to Article IX of this chapter.
(5) 
Parking, access and traffic requirements pursuant to Article VIII of this chapter.
(6) 
Sign requirements pursuant to Article X of this chapter.
(7) 
Fence requirements pursuant to Article XI of this chapter.
(8) 
Each use, site, building and structure shall be designed, laid out, constructed and maintained in full compliance with the approved site and operational plan, any required conditional use permit, any required license and all other applicable provisions of this chapter and of all other Village ordinances and codes.
K. 
Operational standards. Except as otherwise specifically provided in this chapter, and without limitation, all uses, sites, buildings and structures in the B-2 District shall comply with the following operational standards to the extent applicable:
(1) 
Hours of operation (when the public is allowed to enter or remain on site for business purposes), except for hotels, for veterinarian emergency services with an approved conditional use permit, and uses requiring a Village liquor license: 5:00 a.m. to 12:00 midnight maximum; for hotels: no limit; for uses requiring a Village liquor license: as provided in § 125.68(4), Wis. Stats.
[Amended 12-17-2007 by Ord. No. 07-58]
(2) 
Hours for deliveries, or any other activities outside the principal building that might cause a disturbance to neighboring residential areas (e.g., outside loading or unloading, the arrival of deliveries, idling of delivery trucks, beeping of backing vehicles, and garbage pickup), except for snow removal: 6:00 a.m. to 10:00 p.m. maximum.
(3) 
Except as otherwise specifically permitted by this chapter, all business activities shall be conducted within a building.
(4) 
No outside storage or display of merchandise is allowed, except for gasoline station and convenience store uses only and pursuant to the following:
[Amended 3-17-2008 by Ord. No. 08-19]
(a) 
A maximum of one eight-foot-by-six-foot-by-three-foot [(L x H x D) maximum size] outdoor ice storage bin is allowed per parcel.
(b) 
A maximum of one eight-foot-by-six-foot-by-four-foot [(L x H x D) maximum size] outdoor liquid propane (LP) storage cage shall be allowed per parcel.
(c) 
The ice storage bins and LP storage cages:
[1] 
Shall be located against a solid front or side wall of the principal structure.
[2] 
Shall not be located against a rear or back wall of a building.
[3] 
Shall not be located in front of windows or doorways and shall not block or obstruct any windows or doorways.
[4] 
Shall not block or obstruct any walkways associated with handicapped accessibility to the main entrance of the building.
[5] 
Shall be maintained in a state of good repair; not dented, crushed or bent.
[6] 
Shall not contain rust and shall not have peeling/chipped paint.
[7] 
Shall not be allowed to have plastic banners, streamers or other signage affixed, placed or attached to the containers.
[8] 
Are allowed limited signage on the exterior of the storage units that is limited to the use therein (i.e., ice and LP gas advertising signage).
(d) 
The LP storage cages:
[1] 
Shall be in compliance with the most current edition of the National Fire Protection Association (NFPA) Standard 58 (Liquefied Petroleum Gas Code).
[2] 
Shall be protected by a bollard, raised sidewalk or some other acceptable means to provide protection against accidental vehicle impact or damage. The means of protection shall be reviewed and approved, on a case-by-case basis, by the Chief of the Fire & Rescue Department, or his/her designee. The Chief of the Fire & Rescue Department shall determine the location, spacing and the quantity of the bollard(s). The means of protection shall not obstruct or inhibit on-site vehicular or pedestrian traffic flow.
[Amended 8-17-2009 by Ord. No. 09-47]
(e) 
All LP containers/cylinders shall be stored inside the LP cages.
(f) 
Except as pursuant to Subsection D(1)(c) of this section.
(5) 
No on-site residential uses are allowed.
(6) 
Each use, site, building and structure shall comply with all applicable performance standards set forth in § 420-38 of this chapter.
(7) 
Each site, building and structure shall be maintained in a neat, presentable, aesthetically pleasing, structurally sound and nonhazardous condition. All litter and debris shall be promptly removed.
(8) 
Each use, site, building and structure shall be operated in full compliance with the approved site and operational plan, any required conditional use permit, any required license and all other applicable provisions of this chapter and of all other Village ordinances and codes.
L. 
Municipal services required. Except as otherwise specifically provided in this chapter, and without limitation, no proposed new, reconstructed or relocated principal building shall be permitted in the B-2 District unless it is connected to the Village's public sewer and water systems, and any existing principal building not already connected to the Village's public sewer and water systems shall be so connected before any proposed addition is made to such building, or before any proposed change in the use of such building is made from one use category to another (e.g., residential to business), and before any proposed use is commenced or recommenced in such a building that has been vacant or unused for 12 consecutive months or longer.
A. 
The B-3 District. The B-3 Regional Retail Business District is intended to provide for "big box" retail stores or regional retail shopping centers to serve the needs of the region as well as the entire community. The territory in each B-3 District shall be contiguous (corner to corner shall be sufficient), exclusive of streets, highways, navigable waterways and wetlands. The area of each B-3 District shall be at least 20 acres, exclusive of streets, highways, navigable waterways and wetlands. No such district shall be established unless it is in compliance with duly adopted or amended comprehensive, neighborhood and conceptual plans.
B. 
Permitted uses. The following listed principal uses, and certain unspecified principal uses approved pursuant to Subsection C below, are allowed as permitted uses in the B-3 District, subject to the requirements of Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes:
(1) 
Retail uses. The retail sale of any of the following goods or products is a permitted use in the B-3 District: antiques; apparel; appliances; art; art supplies; audio recordings; automotive supplies; bakery goods; bicycles and accessories; books; camping supplies; candy; cameras and photographic supplies; cards; carpets; cosmetics; electronic equipment; eye glasses and related products; fabric; firearms and accessories; flowers; frames; furniture and home furnishings; gifts; glassware; groceries (with or without alcoholic beverages as package goods in a supermarket, grocery store or convenience store); hardware; hobby and craft supplies; home improvement supplies; ice cream; jewelry; kitchen and/or bathroom fixtures or accessories; lawn and garden equipment and supplies (but not including a nursery or greenhouse); luggage; novelties; marine supplies; musical instruments and accessories; newspapers and magazines; office supplies; paint; pets and pet supplies; pharmaceuticals; prepared food not for consumption on the premises; shoes and accessories; souvenirs; sporting goods; sundries; telephones; tobacco; toys; and video recordings.
(2) 
Service uses in regional retail shopping centers. The following service uses are permitted uses in regional retail shopping centers in the B-3 District: art gallery; audio recording rental; bakery (not selling wholesale); barbershop; beauty salon; book rental; caterer; coffeehouse; day spa; dance studio; dry cleaning; equipment rental; equipment repair; financial institution; locksmith; mailing service; photocopying center; photography studio; photographic development and printing; physical fitness facility; restaurant (whether or not alcoholic beverages are served or sold, and with or without a dedicated bar, but not including a drive-in restaurant, a restaurant with a drive-through facility, a restaurant with outdoor seating or a restaurant with a dedicated brewing facility); shoe shine or repair service; tailor; tanning salon; ticket sales; travel agency; upholstery shop; and video recording rental.
[Amended 10-3-2005 by Ord. No. 05-43; 5-17-2010 by Ord. No. 10-30]
(3) 
Commercial communication structures (as a principal or accessory use per § 420-89).
[Added 4-7-2014 by Ord. No. 14-08]
C. 
Unspecified permitted uses. The Zoning Administrator shall have authority to approve as a permitted use in the B-3 District a proposed principal use not listed in Subsection B above if the proposed use is similar in character to one or more of the listed permitted uses in the B-3 District, is proposed to be located in a regional retail shopping center, if the use to which it is similar in character is a service use listed in Subsection B(2) above, and if the use is free of potential problems requiring special regulation. The Zoning Administrator shall make written findings supporting any such decision. Any use so approved shall be subject to all requirements of Subsection B. Notwithstanding the foregoing authorization, the following uses shall not be construed to be permitted uses in the B-3 District:
(1) 
Any listed permitted use in the B-1, B-2, B-4 or B-5 District that is not listed in Subsection B above.
(2) 
Any listed conditional uses in the B-1, B-2, B-3, B-4 or B-5 District.
(2.1)
Convenient cash business.
[Added 1-15-2007 by Ord. No. 07-01]
(3) 
Funeral home.
(4) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection C(4), listing a hotel as an unspecified permitted use, was repealed 1-21-2008 by Ord. No. 08-05.
(5) 
Motel.
(6) 
Indoor/outdoor flea market.
[Amended 10-24-2011 by Ord. No. 11-32]
(7) 
Pawnshop.
(8) 
Psychic/tarot card/astrology reading.
(9) 
Truck stop and/or truck service facility.
(10) 
Sale or storage of fireworks.
(11) 
Nursery.
(12) 
Greenhouse.
(13) 
Bakery selling wholesale.
(14) 
Adult-oriented uses, including, without limitation, an adult bookstore, adult cabaret, adult club, adult dry cabaret, adult movie theater, adult video rental store, adult video store or adult viewing facility.
(15) 
Any use involving the serving or selling of alcoholic beverages that is not specifically listed in Subsection B above.
(16) 
Wrecking, junk, demolition and scrap yards.
[Added 4-18-2011 by Ord. No. 11-10]
D. 
Conditional uses. The following uses may be permitted as conditional uses in the B-3 District (as principal uses or accessory uses, as appropriate) pursuant to and in accordance with Article XVIII of this chapter, subject to the requirements of Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes:
(1) 
Retail uses. The following retail uses may be permitted as conditional uses in the B-3 District:
(a) 
Liquor store (without a drive-through facility) located within a regional retail shopping center.
(2) 
Service uses. The following service uses may be permitted as conditional uses in the B-3 District:
(a) 
Restaurant located within a regional retail shopping center, whether or not alcoholic beverages are served or sold, with or without outdoor seating, and with or without a dedicated bar (not including a drive-in restaurant or a restaurant with a drive-through facility), and/or with a dedicated brewing facility.
[Amended 10-3-2005 by Ord. No. 05-43]
(b) 
Movie theater.
(c) 
Tavern located within a regional retail shopping center.
(d) 
Hotel.
[Added 1-21-2008 by Ord. No. 08-05]
(e) 
Cabaret or a dry cabaret.
[Added 5-17-2010 by Ord. No. 10-30]
(3) 
Miscellaneous uses. The following miscellaneous uses may be permitted as conditional uses in the B-3 District:
(a) 
(Reserved)[2]
[2]
Editor’s Note: Former Subsection D(3)(a), concerning commercial communication antennas and like devices, was repealed 4-7-2014 by Ord. No. 14-08.
(b) 
Electric power substation or gas metering substation (only as a principal use on its own lot).
(c) 
(Reserved)[3]
[3]
Editor’s Note: Former Subsection D(3)(c), concerning freestanding commercial communication structures, was repealed 4-7-2014 by Ord. No. 14-08.
(d) 
Transmission line (electric power or natural gas).
(e) 
Utility substation building (only as a principal use on its own lot).
E. 
Special licensed uses. Uses requiring a Village adult-oriented use license, cabaret license or liquor license granted by the Village Board (including nonconforming uses) may only be conducted pursuant to and in accordance with such a license.
(1) 
Without limitation, such uses include the following:
(a) 
Any restaurant in which alcoholic beverages are served or sold (some are prohibited in the B-3 District).
(b) 
Any cabaret (prohibited in the B-3 District).
(c) 
Any tavern (some are prohibited in the B-3 District).
(d) 
Any liquor store (some are prohibited in the B-3 District).
(e) 
Any adult-oriented use, including, without limitation, an adult bookstore, adult cabaret, adult club, adult dry cabaret, adult movie theater, adult video rental store, adult video store or adult viewing facility (all prohibited in the B-3 District). For existing adult-oriented uses, see § 420-119E(1)(e), which is incorporated by reference to the extent applicable.
(2) 
The granting of a Village license by the Village Board is not assured either by permitted use status or by the granting of a conditional use permit or of any other permit or approval under this chapter.
F. 
Combination of uses. Except as otherwise specifically provided for in this section, two or more principal uses and their related accessory uses may be located and conducted in the same principal building in the B-3 District, subject to Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes, in accordance with each of the following restrictions to the extent such restrictions are applicable:
(1) 
Permitted uses allowed in the B-3 District and their related accessory uses may be located separately or together, and may be conducted separately or together, with other such permitted uses and their related accessory uses in the same principal building in the B-3 District.
(2) 
Conditional uses allowed in the B-3 District and their related accessory uses may be located separately or together, and may be conducted separately or together, with other such conditional uses and their related accessory uses in the same principal building in the B-3 District; provided, however, that the area of a building occupied by a conditional use and any related accessory uses shall be a physically separate defined area in which any proposed new use of any kind (or any use of any kind existing as of the time when the conditional use permit for such conditional use or any amendment of such permit is approved) shall be allowed only pursuant to and in accordance with the conditional use permit issued for such conditional use under Article XVIII of this chapter.
(3) 
Permitted uses allowed in the B-3 District and their related accessory uses and conditional uses allowed in the B-3 District and their related accessory uses may be located separately or together, and may be conducted separately or together, in the same principal building in the B-3 District; provided, however, that the area of a building occupied by a conditional use and any related accessory uses shall be a physically separate defined area in which any proposed new use of any kind (or any use of any kind existing as of the time when the conditional use permit for such conditional use or any amendment of such permit is approved) shall be allowed only pursuant to and in accordance with the conditional use permit issued for such conditional use under Article XVIII of this chapter.
(4) 
Nonconforming uses existing in the B-3 District as of the effective date of Ordinance No. 03-25 (June 4, 2003) and any related accessory uses existing as of such date may be continued in the same principal building with other uses; provided, however, that no nonconforming use and no accessory use to a nonconforming use may be extended or expanded into new areas, and no new accessory use related to such nonconforming use (and no prior accessory use to such nonconforming use that has been discontinued as an actively conducted use for a period of 12 or more consecutive months) may be commenced or recommenced, and further provided that the area of a building occupied by a nonconforming use and any related accessory uses shall be a physically separate defined area in which any proposed new use of any kind shall be prohibited.
G. 
Accessory uses.
(1) 
Except as otherwise specifically provided in this chapter, accessory uses to principal uses allowed in the B-3 District are allowed, subject to Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes, as follows:
(a) 
Accessory uses to principal permitted uses in the B-3 District are allowed.
(b) 
Accessory uses to principal conditional uses allowed in the B-3 District are allowed, but only pursuant to and in accordance with a conditional use permit issued under Article XVIII of this chapter.
(2) 
In the event of any issue about whether a particular use is properly an accessory use, the Zoning Administrator shall have authority to decide. The Zoning Administrator shall make written findings to support any such decision.
(3) 
New proposed accessory uses to nonconforming uses (and any prior accessory uses to a nonconforming use that have been discontinued as actively conducted uses for 12 or more consecutive months) are prohibited.
H. 
Prohibited uses. Uses that are not specifically allowed in the B-3 District by this chapter are prohibited in the B-3 District.
I. 
Dimensional standards. Except as otherwise specifically provided in this chapter, and without limitation, all uses, sites, buildings and structures in the B-3 District shall comply with the following dimensional standards to the extent applicable:
(1) 
Lot size: 10 acres minimum, except that the minimum lot size for a freestanding commercial communication structure or a utility substation building shall be as prescribed by § 420-148 of this chapter, and further provided that no minimum lot size shall be applicable to a transmission line.
(2) 
Lot frontage on a public street: 600 feet minimum; provided, however, that on a substantial curve the public street frontage may be reduced as necessary to an absolute minimum of 400 feet if all other requirements are satisfied, except that the minimum lot frontage on a public street for a freestanding commercial communication structure or a utility substation building shall be as prescribed by § 420-148 of this chapter, and further provided that no minimum lot frontage on a public street shall be applicable to a transmission line.
(3) 
Open space: 25% minimum.
(4) 
Principal building standards:
(a) 
Gross floor area: 50,000 square feet minimum, except that the minimum gross floor area for a utility substation building shall be as prescribed by § 420-148 of this chapter, and except that a hotel shall meet the following minimum requirements:
[Amended 1-21-2008 by Ord. No. 08-05]
[1] 
Three floors above grade;
[2] 
Fifteen thousand square feet of gross floor area per floor; and
[3] 
Eighty guest rooms.
(b) 
Height: 40 feet maximum, except for a hotel, which shall not exceed 90 feet.
[Amended 1-21-2008 by Ord. No. 08-05]
(c) 
Setbacks:
[1] 
Street setback: minimum of 65 feet from arterial streets or highways and a minimum of 40 feet from nonarterial streets or private roads.
[2] 
Side setback: 45 feet minimum.
[3] 
Rear setback: 45 feet minimum.
[4] 
Shore setback: 50 feet minimum adjacent to Lake Michigan, 35 feet minimum adjacent to all other navigable waterways.
[Amended 7-17-2017 by Ord. No. 17-32]
[5] 
Wetland setback: 25 feet minimum.
(5) 
Detached accessory building/trash enclosure standards: detached accessory buildings or trash enclosures are prohibited.
J. 
Design standards. Except as otherwise specifically provided in this chapter, and without limitation, all uses, sites, buildings and structures in the B-3 District shall comply with the following design standards to the extent applicable:
(1) 
Number of principal structures per lot: one maximum; provided, however, that attached buildings are allowed if the attachment is a fire wall between each two attached buildings, with no pedestrian openings, and that the horizontal distance of the attachment is at least 75% of the length or width of one of each two attached buildings and a minimum of 100 feet, and, without limitation, that each such attached building individually satisfies the minimum gross floor area restriction for principal buildings and that all such buildings attached to one another collectively comply with any maximum gross floor area restriction for principal buildings, and further provided that one or more commercial communication antennas, whips, panels or other similar transmission or reception devices (but no towers) mounted on a principal building or structure are allowed.
(2) 
Number of detached accessory buildings and/or detached trash enclosures: none (trash enclosure shall be part of the principal building).
(3) 
All accessory uses or structures shall be on the same lot or approved site as the principal use.
(4) 
Site and operational plan requirements pursuant to Article IX of this chapter.
(5) 
Parking, access and traffic requirements pursuant to Article VIII of this chapter.
(6) 
Sign requirements pursuant to Article X of this chapter.
(7) 
Fence requirements pursuant to Article XI of this chapter.
(8) 
Each use, site, building and structure shall be designed, laid out, constructed and maintained in full compliance with the approved site and operational plan, any required conditional use permit, any required license and all other applicable provisions of this chapter and of all other Village ordinances and codes.
K. 
Operational standards. Except as otherwise specifically provided in this chapter, and without limitation, all uses, sites, buildings and structures in the B-3 District shall comply with the following operational standards to the extent applicable:
(1) 
Hours of operation (when the public is allowed to enter or remain on site for business purposes), except for hotels and uses requiring a Village liquor license: 5:00 a.m. to 11:00 p.m. maximum; for hotels: no limit; for uses requiring a Village liquor license: as provided in § 125.68(4), Wis. Stats.
(2) 
Except as otherwise specifically permitted by this chapter, all business activities shall be conducted within a building.
(3) 
No outside storage or display of merchandise is allowed.
(4) 
No on-site residential uses are allowed.
(5) 
Each use, site, building and structure shall comply with all applicable performance standards set forth in § 420-38 of this chapter.
(6) 
Each building, structure and site shall be maintained in a neat, presentable, aesthetically pleasing, structurally sound and nonhazardous condition. All litter and debris shall be promptly removed.
(7) 
Each use, site, building and structure shall be operated in full compliance with the approved site and operational plan, any required conditional use permit, any required license and all other applicable provisions of this chapter and of all other Village ordinances and codes.
L. 
Municipal services required. Except as otherwise specifically provided in this chapter, and without limitation, no proposed new, reconstructed or relocated principal building shall be permitted in the B-3 District unless it is connected to the Village's public sewer and water systems, and any existing principal building not already connected to the Village's public sewer and water systems shall be so connected before any proposed addition is made to such building, or before any proposed change in the use of such building is made from one use category to another (e.g., residential to business), and before any proposed use is commenced or recommenced in such a building that has been vacant or unused for 12 consecutive months or longer.
A. 
Purpose and characteristics. The B-4 Freeway Service Business District is intended to provide for a cluster of hotel, restaurant, gasoline station and freeway convenience store uses to serve the needs of freeway travelers as well as the community. B-4 Districts shall be located near freeway interchanges. The territory in each B-4 District shall be contiguous (corner to corner shall be sufficient), exclusive of streets, highways, navigable waterways and wetlands. The area of each B-4 District shall include a minimum of 10 acres, exclusive of streets, highways, navigable waterways and wetlands; provided, however, that parcels zoned to a business classification as of January 1, 2002, which could appropriately be zoned B-4 but for the minimum district area requirements may nevertheless be zoned B-4. No such district shall be established unless it is in compliance with duly adopted or amended comprehensive, neighborhood and conceptual plans.
B. 
Permitted uses. The following listed principal uses are allowed as permitted uses in the B-4 District, subject to the requirements of Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes:
(1) 
Restaurant (not including a drive-in restaurant, a restaurant with a drive-through facility or a restaurant with outdoor seating), whether or not alcoholic beverages are served or sold, with or without a dedicated brewing facility and with or without a dedicated bar.
(2) 
Hotel, with or without banquet and/or convention facilities, and whether or not alcoholic beverages are served or sold, and with or without a dedicated bar.
(3) 
Commercial communication structures (as a principal or accessory use per § 420-89).
[Added 4-7-2014 by Ord. No. 14-08]
C. 
Conditional uses. The following uses may be permitted as conditional uses in the B-4 District (as principal uses or accessory uses, as appropriate) pursuant to and in accordance with Article XVIII of this chapter, subject to the requirements of Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes:
(1) 
Service uses. The following service uses may be permitted as conditional uses in the B-4 District:
(a) 
Drive-in restaurant (in which alcoholic beverages are not served or sold).
(b) 
Gasoline station with or without a convenience store and/or a car wash.
(c) 
Restaurant (not including a drive-in restaurant) with a drive-through facility and/or outdoor seating, whether or not alcoholic beverages area served or sold, with or without a dedicated brewing facility, and with or without a dedicated bar; provided, however, that no alcoholic beverages shall be served or sold in or through a drive-through facility.
(d) 
Freeway convenience store (with or without a drive-through facility).
(e) 
Cabaret or a dry cabaret.
[Added 5-17-2010 by Ord. No. 10-30]
(2) 
Miscellaneous uses. The following miscellaneous uses may be permitted as conditional uses in the B-4 District:
(a) 
(Reserved)[1]
[1]
Editor’s Note: Former Subsection C(2)(a), concerning commercial communication antennas and like devices, was repealed 4-7-2014 by Ord. No. 14-08.
(b) 
Restaurants or gasoline stations open to the public during hours not routinely allowed pursuant to Subsection J(1) below.
(c) 
Electric power substation or gas metering substation.
(d) 
(Reserved)[2]
[2]
Editor’s Note: Former Subsection C(2)(d), concerning freestanding commercial communication structures, was repealed 4-7-2014 by Ord. No. 14-08.
(e) 
Transmission line (electric power or natural gas).
(f) 
Utility substation building (only as a principal use on its own parcel).
D. 
Special licensed uses. Uses requiring a Village adult-oriented use license, cabaret license or liquor license granted by the Village Board (including nonconforming uses) may only be conducted pursuant to and in accordance with such a license.
(1) 
Without limitation, such uses include the following:
(a) 
Any restaurant in which alcoholic beverages are served or sold (some are prohibited in the B-4 District).
(b) 
Any cabaret (prohibited in the B-4 District).
(c) 
Any tavern (prohibited in the B-4 District).
(d) 
Any liquor store (prohibited in the B-4 District).
(e) 
Any adult-oriented use, including, without limitation, an adult bookstore, adult cabaret, adult club, adult dry cabaret, adult movie theater, adult video rental store, adult video store or adult viewing facility (all prohibited in the B-4 District). For existing adult-oriented uses, see § 420-119E(1)(e), which is incorporated by reference to the extent applicable.
(2) 
The granting of a Village license by the Village Board is not assured either by permitted use status or by the granting of a conditional use permit or of any other permit or approval under this chapter.
E. 
Combination of uses. Except as otherwise specifically provided for in this section, two or more principal uses and their related accessory uses may be located and conducted in the same principal building in the B-4 District, subject to Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes, in accordance with the following restrictions to the extent such restrictions are applicable:
(1) 
Permitted uses allowed in the B-4 District and their related accessory uses may be located separately or together, and may be conducted separately or together, with other such permitted uses and their related accessory uses in the same principal building in the B-4 District.
(2) 
Conditional uses allowed in the B-4 District and their related accessory uses may be located separately or together, and may be conducted separately or together, with other such conditional uses and their related accessory uses in the same principal building in the B-4 District; provided, however, that the area of a building occupied by a conditional use and any related accessory uses shall be a physically separate defined area in which any proposed new use of any kind (or any use of any kind existing as of the time when the conditional use permit for such conditional use or any amendment of such permit is approved) shall be allowed only pursuant to and in accordance with the conditional use permit issued for such conditional use under Article XVIII of this chapter.
(3) 
Permitted uses allowed in the B-4 District and their related accessory uses and conditional uses allowed in the B-4 District and their related accessory uses may be located separately or together, and may be conducted separately or together, in the same principal building in the B-4 District; provided, however, that the area of a building occupied by a conditional use and any related accessory uses shall be a physically separate defined area in which any proposed new use of any kind (or any use of any kind existing as of the time when the conditional use permit for such conditional use or any amendment of such permit is approved) shall be allowed only pursuant to and in accordance with the conditional use permit issued for such conditional use under Article XVIII of this chapter.
(4) 
Nonconforming uses existing in the B-4 District as of the effective date of Ordinance No. 03-26 (June 4, 2003) and any related accessory uses existing as of such date may be continued in the same principal building with other uses; provided, however, that no nonconforming use and no accessory use to a nonconforming use may be extended or expanded into new areas, and no new accessory use related to such nonconforming use (and no prior accessory use to such nonconforming use that has been discontinued as an actively conducted use for a period of 12 or more consecutive months) may be commenced or recommenced, and further provided that the area of a building occupied by a nonconforming use and any related accessory uses shall be a physically separate defined area in which any proposed new use of any kind shall be prohibited.
F. 
Accessory uses.
(1) 
Except as otherwise specifically provided in this chapter, accessory uses to principal uses allowed in the B-4 District are allowed, subject to Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes, as follows:
(a) 
Accessory uses to principal permitted uses in the B-4 District are allowed.
(b) 
Accessory uses to principal conditional uses allowed in the B-4 District are allowed, but only pursuant to and in accordance with a conditional use permit issued under Article XVIII of this chapter.
(2) 
In the event of any issue about whether a particular use is properly an accessory use, the Zoning Administrator shall have authority to decide. The Zoning Administrator shall make written findings to support any such decision.
(3) 
New proposed accessory uses to nonconforming uses (and any prior accessory uses to a nonconforming use that have been discontinued as actively conducted uses for 12 or more consecutive months) are prohibited.
G. 
Prohibited uses. Uses that are not specifically allowed in the B-4 District by this chapter are prohibited in the B-4 District. A convenient cash business is prohibited in the B-4 District.
[Amended 1-15-2007 by Ord. No. 07-01]
H. 
Dimensional standards. Except as otherwise specifically provided in this chapter, and without limitation, all uses, sites, buildings and structures in the B-4 District shall comply with the following dimensional standards to the extent applicable:
(1) 
Lot size: 2.5 acres minimum, except that the minimum lot size for a freestanding commercial communication structure or a utility substation building shall be as prescribed by § 420-148 of this chapter, and further provided that no minimum lot size shall be applicable to a transmission line.
(2) 
Lot frontage on a public street: 150 feet minimum; provided, however, that on a substantial curve the public street frontage may be reduced as necessary to an absolute minimum of 100 feet if all other requirements are satisfied, except that the minimum lot frontage on a public street for a freestanding commercial communication structure or a utility substation building shall be as prescribed by § 420-148 of this chapter, and further provided that no minimum lot frontage on a public street shall be applicable to a transmission line.
(3) 
Open space: 25% minimum.
(4) 
Principal building standards:
(a) 
Gross floor area: 4,000 square feet minimum, except that the minimum gross floor area for a utility substation building shall be as prescribed by § 420-148 of this chapter, and except that a hotel shall meet the following minimum requirements:
[1] 
Three floors above grade;
[2] 
Fifteen thousand square feet of gross floor area per floor; and
[3] 
Eighty guest rooms.
(b) 
Height: 35 feet maximum, except for a hotel, which shall not exceed 90 feet.
(c) 
Setbacks:
[1] 
Street setback: minimum of 65 feet from arterial streets or highways and a minimum of 40 feet from nonarterial streets or private roads.
[2] 
Side setback: 45 feet minimum.
[3] 
Rear setback: 45 feet minimum.
[4] 
Shore setback: 50 feet minimum adjacent to Lake Michigan, 35 feet minimum adjacent to all other navigable waterways.
[Amended 7-17-2017 by Ord. No. 17-32]
[5] 
Wetland setback: 25 feet minimum.
I. 
Design standards. Except as otherwise specifically provided in this chapter, and without limitation, all uses, sites, buildings and structures in the B-4 District shall comply with the following design standards to the extent applicable:
(1) 
Number of principal structures per lot: one maximum; provided, however, that attached buildings are allowed if the attachment is a fire wall between each two attached buildings, with no pedestrian openings, and that the horizontal distance of the attachment is at least 75% of the length or width of one of each two attached buildings and a minimum of 25 feet, and, without limitation, that each such attached building individually satisfies the minimum gross floor area restriction for principal buildings and that all such buildings attached to one another collectively comply with any maximum gross floor area restriction for principal buildings, and further provided that one or more commercial communication antennas, whips, panels or other similar transmission or reception devices (but no towers) mounted on a principal building or structure are allowed.
(2) 
Number of detached accessory buildings and/or detached trash enclosures: none (trash enclosure shall be part of the principal building).
(3) 
All accessory uses or structures shall be on the same lot or approved site as the principal use.
(4) 
Site and operational plan requirements pursuant to Article IX of this chapter.
(5) 
Parking, access and traffic requirements pursuant to Article VIII of this chapter.
(6) 
Sign requirements pursuant to Article X of this chapter.
(7) 
Fence requirements pursuant to Article XI of this chapter.
(8) 
Each use, site, building or structure shall be designed, laid out, constructed and maintained in full compliance with the approved site and operational plan, any required conditional use permit, any required license and all other applicable provisions of this chapter and of all other Village ordinances and codes.
J. 
Operational standards. Except as otherwise specifically provided in this chapter, and without limitation, all uses, sites, buildings and structures in the B-4 District shall comply with the following operational standards to the extent applicable:
(1) 
Hours of operation (when the public is allowed to enter or remain on site for business purposes), except for hotels, uses requiring a Village liquor license or restaurants or gasoline stations whose hours are established by conditional use permit: 5:00 a.m. to 12:00 midnight maximum; for hotels: no limit; for uses requiring a Village liquor license: as provided in § 125.68(4), Wis. Stats.; and for gasoline stations and restaurants: up to 24 hours pursuant to a conditional use permit.
(2) 
Except as otherwise specifically permitted by this chapter, all business activities shall be conducted within a building.
(3) 
No outside storage or display of merchandise is allowed, except for gasoline station and convenience store uses only and pursuant to the following:
[Amended 8-17-2009 by Ord. No. 09-47]
(a) 
A maximum of one, eight-foot-by-six-foot-by-three-foot [(L x H x D) maximum size] outdoor ice storage bin is allowed per parcel.
(b) 
A maximum of one, eight-foot-by-six-foot-by-four-foot [(L x H x D) maximum size] outdoor liquid propane (LP) storage cage shall be allowed per parcel.
(c) 
The ice storage bins and LP storage cages:
[1] 
Shall be located against a solid front or side wall of the principal structure.
[2] 
Shall not be located against a rear or back wall of a building.
[3] 
Shall not be located in front of windows or doorways and shall not block or obstruct any windows or doorways.
[4] 
Shall not block or obstruct any walkways associated with handicapped accessibility to the main entrance of the building.
[5] 
Shall be maintained in a state of good repair; not dented, crushed or bent.
[6] 
Shall not contain rust and shall not have peeling/chipped paint.
[7] 
Shall not be allowed to have plastic banners, streamers or other signage affixed, placed or attached to the containers.
[8] 
Are allowed limited signage on the exterior of the storage units that is limited to the use therein (i.e., ice and LP gas advertising signage).
(d) 
The LP storage cages:
[1] 
Shall be in compliance with the most current edition of the National Fire Protection Association (NFPA) Standard 58 (Liquefied Petroleum Gas Code).
[2] 
Shall be protected by a bollard, raised sidewalk or some other acceptable means to provide protection against accidental vehicle impact or damage. The means of protection shall be reviewed and approved, on a case-by-case basis, by the Chief of the Fire & Rescue Department, or his/her designee. The Chief of the Fire & Rescue Department shall determine the location, spacing and the quantity of the bollard(s). The means of protection shall not obstruct or inhibit on-site vehicular or pedestrian traffic flow.
(e) 
All LP containers/cylinders shall be stored inside the LP cages.
(4) 
No on-site residential uses are allowed.
(5) 
Each use, site, building and structure shall comply with all applicable performance standards set forth in § 420-38 of this chapter.
(6) 
Each building, structure and site shall be maintained in a neat, presentable, aesthetically pleasing, structurally sound and nonhazardous condition. All litter and debris shall be promptly removed.
(7) 
Each use, site, building and structure shall be operated in full compliance with the approved site and operational plan, any required conditional use permit, any required license and all other applicable provisions of this chapter and of all other Village ordinances and codes.
K. 
Municipal services required. Except as otherwise specifically provided in this chapter, and without limitation, no proposed new, reconstructed or relocated principal building shall be permitted in the B-4 District unless it is connected to the Village's public sewer and water systems, and any existing principal building not already connected to the Village's public sewer and water systems shall be so connected before any proposed addition is made to such building, or before any proposed change in the use of such building is made from one use category to another (e.g., residential to business), and before any proposed use is commenced or recommenced in such a building that has been vacant or unused for 12 consecutive months or longer.
A. 
Purpose and characteristics. The B-5 Freeway Office District is intended to provide for corporate, business and professional office uses at a community or regional level. B-5 Districts shall be located near freeway interchanges. The territory in each B-5 District shall be contiguous (corner to corner shall be sufficient), exclusive of intervening streets, highways, navigable waterways and wetlands. The area of each B-5 District shall be a minimum of 15 acres, exclusive of intervening streets, highways, navigable waterways and wetlands. No such district shall be established unless it is in compliance with duly adopted or amended comprehensive, neighborhood and conceptual plans.
B. 
Permitted uses. The following listed principal uses, and certain auxiliary principal uses provided for in Subsection C below, are allowed as permitted uses in the B-5 District, subject to the requirements of Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes:
(1) 
Corporate, business and professional office uses.
(2) 
Day-care facility, either for children or adults.
(3) 
Commercial communication structures (as a principal or accessory use per § 420-89).
[Added 4-7-2014 by Ord. No. 14-08]
C. 
Auxiliary permitted uses. The following listed auxiliary principal uses, and certain unspecified auxiliary principal uses as approved pursuant to Subsection C(3) below, are allowed as permitted uses in the B-5 District, provided that such uses are auxiliary to the permitted office uses(s), in that they are located in the principal office building, and are designed to serve the needs of the occupants of the principal office building, and have no dedicated outside entrance to such building, and have no signage visible from the exterior of such building, and further provided that all auxiliary permitted uses in a principal office building together shall not occupy more than 10% of the gross floor area of such building, all subject to the requirements of Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes:
(1) 
Retail auxiliary uses. The retail sale of any of the following goods or products shall be an auxiliary permitted use in a principal office building in the B-5 District, provided that the limitations of this Subsection C are satisfied: bakery goods; books; candy; cards; ice cream; newspapers and magazines; office supplies; pharmaceuticals; sundries; and tobacco.
(2) 
Service auxiliary uses. The following service uses shall be auxiliary permitted uses in a principal office building in the B-5 District, provided that the limitations of this Subsection C are satisfied: barbershop; coffeehouse; dry-cleaning service; financial institution; photocopying center; photograph developing and printing; restaurant (not including a drive-in restaurant, a restaurant with drive-through facility, a restaurant with outdoor seating, or a restaurant serving or selling alcoholic beverages); and shoe shine or repair service.
(3) 
Unspecified permitted auxiliary uses. The Zoning Administrator shall have authority to approve, as an auxiliary permitted use, a proposed principal use not listed in Subsection C(1) or (2) above, if the proposed use is similar in character to one or more of the listed auxiliary permitted uses in the B-5 District, satisfies all of the limitations of this Subsection C above, and is free of potential problems requiring special regulation. The Zoning Administrator shall make written findings supporting any such decision. Notwithstanding the foregoing authorization, the following uses shall not be construed to be auxiliary permitted uses in the B-5 District:
(a) 
Any conditional use allowed in the B-1, B-2, B-3 or B-4 District that is not specifically listed as allowed in this section.
(b) 
Any manufacturing of products, other than that which is incidental to permitted research, development and testing activities.
(c) 
Any distribution facility for goods or products.
(d) 
Any warehousing of goods or products.
(e) 
Any cabaret.
(f) 
Any dry cabaret.
(g) 
Any tavern.
(h) 
Any adult-oriented uses, including, without limitation, an adult bookstore, adult cabaret, adult club, adult dry cabaret, adult movie theater, adult video rental store, adult video store or adult viewing facility.
D. 
Conditional uses. The following uses may be permitted as conditional uses in the B-5 District pursuant to and in accordance with Article XVIII of this chapter and subject to the requirements of Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes:
(1) 
Principal uses:
(a) 
(Reserved)[1]
[1]
Editor’s Note: Former Subsection D(1)(a), concerning commercial communication antennas and like devices, was repealed 4-7-2014 by Ord. No. 14-08.
(b) 
Electric power substation or gas metering substation (only as a principal use on its own lot).
(c) 
(Reserved)[2]
[2]
Editor’s Note: Former Subsection D(1)(c), concerning freestanding commercial communication structures, was repealed 4-7-2014 by Ord. No. 14-08.
(d) 
Transmission line (electric power or natural gas).
(e) 
Utility substation building (only as a principal use on its own lot).
(2) 
Accessory uses (to a principal office use only):
(a) 
(Reserved)[3]
[3]
Editor’s Note: Former Subsection D(2)(a), concerning commercial communication antennas and like devices, was repealed 4-7-2014 by Ord. No. 14-08.
(b) 
Detached retreat center, with or without overnight stays, but only for a single company or firm solely occupying a principal office building (exclusive of the area occupied by auxiliary permitted uses pursuant to Subsection C above) having a minimum gross floor area of 100,000 square feet.
(c) 
Research, development and testing of products (which may include prototype fabrication of products) or applied research, but only for a single company or firm solely occupying a principal office building (exclusive of the area occupied by auxiliary permitted uses pursuant to Subsection C, above) having a minimum gross floor area of 100,000 square feet, provided that all such research, development and testing activities together do not occupy more than 25% of the gross floor area of such building.
E. 
Special licensed uses. Uses requiring a Village adult-oriented use license, cabaret license or liquor license granted by the Village Board (including nonconforming uses) may only be conducted pursuant to and in accordance with such a license.
(1) 
Without limitation, such uses include the following:
(a) 
Any restaurant in which alcoholic beverages are served or sold (some are prohibited in the B-5 District).
(b) 
Any cabaret (prohibited in the B-5 District).
(c) 
Any tavern (prohibited in the B-5 District).
(d) 
Any liquor store (prohibited in the B-5 District).
(e) 
Any adult-oriented use, including, without limitation, an adult bookstore, adult cabaret, adult club, adult dry cabaret, adult movie theater, adult video rental store, adult video store or adult viewing facility (all prohibited in the B-5 District). For existing adult-oriented uses, see § 420-119E(1)(e), which is incorporated by reference to the extent applicable.
(2) 
The granting of a Village license by the Village Board is not assured either by permitted use status or by the granting of a conditional use permit or of any other permit or approval under this chapter.
F. 
Combination of uses. Except as otherwise specifically provided for in this section, two or more principal uses and their related accessory uses may be located and conducted in the same principal building in the B-5 District, subject to Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes, in accordance with each of the following restrictions to the extent such restrictions are applicable:
(1) 
Permitted uses allowed in the B-5 District and their related accessory uses may be located separately or together, and may be conducted separately or together, with other such permitted uses and their related accessory uses in the same principal building in the B-5 District.
(2) 
Conditional uses allowed in the B-5 District and their related accessory uses may be located separately or together, and may be conducted separately or together, with other such conditional uses and their related accessory uses in the same principal building in the B-5 District; provided, however, that the area of a building occupied by a conditional use and any related accessory uses shall be a physically separate defined area in which any proposed new use of any kind (or any use of any kind existing as of the time when the conditional use permit for such conditional use or any amendment of such permit is approved) shall be allowed only pursuant to and in accordance with the conditional use permit issued for such conditional use under Article XVIII of this chapter.
(3) 
Permitted uses allowed in the B-5 District and their related accessory uses and conditional uses allowed in the B-5 District and their related accessory uses may be located separately or together, and may be conducted separately or together, in the same principal building in the B-5 District; provided, however, that the area of a building occupied by a conditional use and any related accessory uses shall be a physically separate defined area in which any proposed new use of any kind (or any use of any kind existing as of the time when the conditional use permit for such conditional use or any amendment of such permit is approved) shall be allowed only pursuant to and in accordance with the conditional use permit issued for such conditional use under Article XVIII of this chapter.
(4) 
Nonconforming uses existing in the B-5 District as of the effective date of Ordinance No. 03-27 (June 4, 2003) and any related accessory uses existing as of such date may be continued in the same principal building with other uses; provided, however, that no nonconforming use and no accessory use to a nonconforming use may be extended or expanded into new areas, and no new accessory use related to such nonconforming use (and no prior accessory use to such nonconforming use that has been discontinued as an actively conducted use for a period of 12 or more consecutive months) may be commenced or recommenced, and further provided that the area of a building occupied by a nonconforming use and any related accessory uses shall be a physically separate defined area in which any proposed new use of any kind shall be prohibited.
G. 
Accessory uses.
(1) 
Except as otherwise specifically provided in this chapter, accessory uses to principal uses allowed in the B-5 District are allowed, subject to Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes, as follows:
(a) 
Accessory uses to principal permitted uses in the B-5 District are allowed.
(b) 
Accessory uses to principal conditional uses allowed in the B-5 District are allowed, but only pursuant to and in accordance with a conditional use permit issued under Article XVIII of this chapter.
(c) 
Without limitation, the following uses are allowed as accessory uses in the B-5 District for a single company or firm solely occupying a principal office building (exclusive of the area occupied by auxiliary permitted uses pursuant to Subsection C above) having a minimum of 100,000 square feet of gross floor area: auditorium; cafeteria; conferencing facilities; day care (for children or adults); entrance feature (which may include a guard station, gate house, security checkpoint, or architectural entrance gates); indoor and/or outdoor fitness/recreation facilities; parking, either surface, underground or within an attached parking structure; incidental retail sale of the company's own products; training facilities; tour center; visitor information center; and additional accessory uses allowed as conditional uses in Subsection D(2) above.
(2) 
In the event of any issue about whether a particular use is properly an accessory use, the Zoning Administrator shall have authority to decide. The Zoning Administrator shall make written findings to support any such decision.
(3) 
New proposed accessory uses to nonconforming uses (and any prior accessory uses to a nonconforming use that have been discontinued as actively conducted uses for 12 or more consecutive months) are prohibited.
H. 
Prohibited uses. Uses that are not specifically allowed in the B-5 District by this chapter are prohibited in the B-5 District. A convenient cash business is prohibited in the B-5 District.
[Amended 1-15-2007 by Ord. No. 07-01]
I. 
Dimensional standards: Except as otherwise specifically provided in this chapter, and without limitation, all uses, sites, buildings and structures in the B-5 District shall comply with the following dimensional standards to the extent applicable:
(1) 
Lot size: 2.5 acres minimum, except that the minimum lot size for a freestanding commercial communication structure or a utility substation building shall be as prescribed by § 420-148 of this chapter, and further provided that no minimum lot size shall be applicable to a transmission line.
(2) 
Lot frontage on a public street: 150 feet minimum; provided, however, that on a substantial curve the public street frontage may be reduced as necessary to an absolute minimum of 100 feet if all other requirements are satisfied, except that the minimum lot frontage on a public street for a freestanding commercial communication structure or a utility substation building shall be as prescribed by § 420-148 of this chapter, and further provided that no minimum lot frontage on a public street shall be applicable to a transmission line.
(3) 
Open space: 25% minimum.
(4) 
Principal office building standards:
(a) 
Each principal office building shall have a minimum of two floors above grade.
(b) 
The gross floor area of a principal office building shall be a minimum of 24,000 square feet, and each of the first two floors above grade shall have a gross floor area of at least 10,000 square feet.
(c) 
The gross floor area for all auxiliary permitted uses within a principal office building shall not exceed 10% of the gross floor area of such building.
(d) 
The gross floor area occupied by research, development and/or testing of products, and applied research activities, within a principal office building shall not exceed 25% of the gross floor area of such building.
(e) 
Height: 30 feet minimum.
(f) 
Setbacks:
[1] 
Street setback: minimum of 65 feet from arterial streets or highways and a minimum of 40 feet from nonarterial streets or private roads.
[2] 
Side setback: 45 feet minimum.
[3] 
Rear setback: 45 feet minimum.
[4] 
Shore setback: 50 feet minimum adjacent to Lake Michigan, 35 feet minimum adjacent to all other navigable waterways.
[Amended 7-17-2017 by Ord. No. 17-32]
[5] 
Wetland setback: 25 feet minimum.
(5) 
Detached office-related accessory building standards:
(a) 
Gross floor area:
[1] 
Detached retreat facility: 6,000 square feet maximum.
[2] 
Detached guard station/gate house: 300 square feet maximum.
(b) 
Height:
[1] 
Detached retreat facility: 35 feet maximum.
[2] 
Detached guard station/gate house: 20 feet maximum.
(c) 
Detached retreat facility shall only be located in the side yard or rear yard.
(d) 
Setbacks:
[1] 
Street setback for a detached retreat facility: minimum of 65 feet from arterial streets or highways and a minimum of 40 feet from nonarterial streets or private roads.
[2] 
Street setback for detached guard station/gate house: 20 feet minimum.
[3] 
Side setback: 45 feet minimum.
[4] 
Rear setback: 45 feet minimum.
[5] 
Shore setback: 50 feet minimum adjacent to Lake Michigan, 35 feet minimum adjacent to all other navigable waterways.
[Amended 7-17-2017 by Ord. No. 17-32]
[6] 
Wetland setback: 25 feet minimum.
(6) 
Principal day-care building standards:
(a) 
The gross floor area of a principal day-care building shall be a minimum gross floor area of 10,000 square feet.
(b) 
Height: 35 feet maximum.
(c) 
Setbacks:
[1] 
Street setback: minimum of 65 feet from arterial streets or highways and a minimum of 40 feet from nonarterial streets or private roads.
[2] 
Side setback: 45 feet minimum.
[3] 
Rear setback: 45 feet minimum.
[4] 
Shore setback: 50 feet minimum adjacent to Lake Michigan, 35 feet minimum adjacent to all other navigable waterways.
[Amended 7-17-2017 by Ord. No. 17-32]
[5] 
Wetland setback: 25 feet minimum.
(7) 
Distance between principal building and detached accessory building on the same lot or parcel: 50 feet minimum.
J. 
Design standards. Except as otherwise specifically provided in this chapter, and without limitation, all uses, sites, buildings and structures in the B-5 District shall comply with the following design standards to the extent applicable:
(1) 
Number of principal structures per lot or parcel: one maximum; provided, however, that attached buildings are allowed if the attachment is a fire wall between each two attached buildings, with no pedestrian openings, and that the horizontal distance of the attachment is at least 75% of the length or width of one of each two attached buildings and a minimum of 75 feet, and, without limitation, that each such attached building individually satisfies the minimum gross floor area restriction for principal buildings and that all such buildings attached to one another collectively comply with any maximum gross floor area restriction for principal buildings, and further provided that one or more commercial communication antennas, whips, panels or other similar transmission or reception devices (but no towers) mounted on a principal building or structure are allowed.
(2) 
Number of detached accessory buildings:
(a) 
One detached retreat center, in accordance with Subsection D(2)(b) above.
(b) 
One detached guard station/gate house, in accordance with Subsection G(3) above.
(3) 
All trash enclosures shall be part of the principal building or accessory building.
(4) 
All accessory uses or structures shall be on the same lot or approved site as the principal use.
(5) 
A day-care facility may have a fenced recreational area with accessory recreational structures.
(6) 
All loading facilities shall be inside the principal building.
(7) 
Site and operational plan requirements pursuant to Article IX of this chapter.
(8) 
Parking, access and traffic requirements pursuant to Article VIII of this chapter.
(9) 
Sign requirements pursuant to Article X of this chapter.
(10) 
No fences are allowed, except as may be required for a day-care play area.
(11) 
Each use, site, building and structure shall be designed, laid out, constructed and maintained in full compliance with the approved site and operational plan, any required conditional use permit, any required license and all other applicable provisions of this chapter and of all other Village ordinances and codes.
K. 
Operational standards. Except as otherwise specifically provided in this chapter, and without limitation, all uses, sites, buildings and structures in the B-5 District shall comply with the following operational standards to the extent applicable:
(1) 
Hours of operation (when the public is allowed to enter or remain on site for business purposes): 5:00 a.m. to 12:00 midnight maximum.
(2) 
Except as otherwise specifically permitted by this chapter, all business activities shall be conducted within a building.
(3) 
Auxiliary permitted uses located in a principal office building shall satisfy the limitations set forth in Subsection C above.
(4) 
No outside storage or display of goods or merchandise is allowed.
(5) 
No on-site residential uses are allowed (overnight stays pursuant to Subsection D(2)(b) shall not be considered a residential use).
(6) 
Each use, site, building and structure shall comply with all applicable performance standards set forth in § 420-38 of this chapter.
(7) 
Each building, structure and site shall be maintained in a neat, presentable, aesthetically pleasing, structurally sound and nonhazardous condition. All litter and debris shall be promptly removed.
(8) 
Each use, site, building and structure shall be operated in full compliance with the approved site and operational plan, any required conditional use permit, any required license and all other applicable provisions of this chapter and of all other Village ordinances and codes.
L. 
Municipal services required. Except as otherwise specifically provided in this chapter, and without limitation, no proposed new, reconstructed or relocated principal building shall be permitted in the B-5 District unless it is connected to the Village's public sewer and water systems, and any existing principal building not already connected to the Village's public sewer and water systems shall be so connected before any proposed addition is made to such building, or before any proposed change in the use of such building is made from one use category to another (e.g., residential to business), and before any proposed use is commenced or recommenced in such a building that has been vacant or unused for 12 consecutive months or longer.
[Added 4-17-2017 by Ord. No. 17-14]
A. 
Purpose and characteristics. The B-6 Freeway Oriented Business Center District is intended to provide for a cluster of businesses along and adjacent to the freeway (IH-94) at a density where a full range of urban services are available for office, retail, and customer services for adjacent manufacturing and office park uses. The B-6 District shall be located near freeway interchanges (within 4,000 feet of the travel lanes of the freeway). The territory in each B-6 District shall be contiguous (corner to corner shall be sufficient), exclusive of intervening streets, highways, navigable waterways and wetlands. The area of each B-6 District shall be a minimum of 15 acres, exclusive of intervening streets, highways, navigable waterways and wetlands. No such district shall be established unless it is in compliance with duly adopted or amended comprehensive, neighborhood and conceptual plans.
B. 
Permitted uses. The following listed principal uses, and certain unspecified principal uses approved pursuant to Subsection C below, are allowed as permitted uses in the B-6 District, subject to the requirements of Article IX of this chapter and all other applicable provisions of this chapter and of other Village ordinances and codes:
(1) 
Retail uses. The retail sale of any of the following goods or products is a permitted use in the B-6 District: antiques; apparel; appliances; art; art supplies; audio recordings; automotive supplies; bakery goods; bicycles and accessories; books; camping supplies; candy; cameras and photographic supplies; cards; carpets; cosmetics; electronic equipment; eyeglasses and related products; fabric; flowers; frames; furniture and home furnishings; gifts; glassware; groceries (with or without alcoholic beverages as package goods in a supermarket, grocery store or convenience store); hardware, hobby and craft supplies; ice cream; jewelry; liquor (without a drive-through facility); luggage; novelties; marine supplies; musical instruments and accessories; newspapers and magazines; office supplies; paint; pet supplies; pharmaceuticals; prepared food not for consumption on the premises; shoes and accessories; souvenirs; sporting goods; sundries; telephones; tobacco; toys; and video recordings.
(2) 
Service uses. The following service uses are permitted uses in the B-6 District: art gallery; audio recording rental; bakery (not selling wholesale); barbershop; beauty salon; book rental; caterer; coffeehouse; day-care facility, either for children or adults; day spa; dance studio; dry cleaning; equipment rental; equipment repair; financial institution; hotel, with or without banquet and/or convention facilities, whether or not alcoholic beverages are served or sold, and with or without a dedicated bar; library; locksmith; mailing service; photocopying center; photography studio; photographic development and printing; physical fitness facility; restaurant (not including a drive-in restaurant or a restaurant with a drive-through facility), whether or not alcoholic beverages are served or sold, with or without outdoor seating, with or without a dedicated brewing facility and with or without a dedicated bar; retreat center, with or without overnight stays; shoe shine or repair service; skilled trade office, shop and/or retail facility; tailor; tanning salon; ticket sales; travel agency; upholstery shop; and video recording rental.
(3) 
Corporate, business and professional office uses.
(4) 
Research, development and testing of products (which may include prototype fabrication of products) or applied research as it relates to education, training and tourism.
(5) 
Commercial communication structures (as a principal or accessory use per § 420-89).
C. 
Unspecified permitted uses. The Zoning Administrator shall have authority to approve as a permitted use in the B-6 District a proposed principal use not listed in Subsection B above if the proposed use is similar in character to one or more of the listed permitted uses in the B-6 District and is free of potential problems requiring special regulation. The Zoning Administrator shall make written findings supporting any such decision. Any use so approved shall be subject to all requirements of Subsection B above. Notwithstanding the foregoing authorization, the following uses shall not be construed to be permitted uses in the B-6 District:
(1) 
Any listed permitted use in the B-1, B-2, B-3, B-4 or B-5 District that is not listed in Subsection B above.
(2) 
Any listed conditional use in the B-1, B-2, B-3, B-4, B-5 or B-6 District that is not listed in Subsection B above.
(3) 
Motel.
(4) 
Indoor/outdoor flea market.
(5) 
Pawnshop.
(6) 
Psychic/tarot card/astrology reading.
(7) 
Truck stop and/or truck service facility.
(8) 
Sale or storage of fireworks.
(9) 
Nursery.
(10) 
Greenhouse.
(11) 
Bakery selling wholesale.
(12) 
Any use involving the serving or selling of alcoholic beverages that is not specifically listed in Subsection B above.
(13) 
Wrecking, junk, demolition and scrap yards.
D. 
Conditional uses. The following uses may be permitted as conditional uses in the B-6 District (as principal uses or accessory uses, as appropriate) pursuant to and in accordance with Article XVIII of this chapter, subject to the requirements of Article IX of this chapter and all other applicable provisions of this chapter and of other Village ordinances and codes:
(1) 
Service uses. The following service uses may be permitted as conditional uses in the B-6 District:
(a) 
Cabaret.
(b) 
Concert facility, whether or not alcoholic beverages are served or sold.
(c) 
Dinner theater, whether or not alcoholic beverages are served or sold.
(d) 
Drive-through facility associated with any allowed service use, except as otherwise specifically provided.
(e) 
Dry cabaret.
(f) 
Fire station.
(g) 
Gasoline station with or without a car wash.
(h) 
Indoor commercial recreational facility.
(i) 
Movie theater.
(j) 
Museum.
(k) 
Recording studio.
(l) 
Restaurant (not including a drive-in restaurant), with a drive-through facility, whether or not alcoholic beverages are served or sold, with or without outdoor seating, with or without a dedicated brewing facility and with or without a dedicated bar; provided, however, that no alcoholic beverages shall be served or sold in or through a drive-through facility.
(m) 
Taxi service.
(n) 
Theater.
(o) 
Therapeutic massage.
(2) 
Miscellaneous uses. The following miscellaneous uses may be permitted as conditional uses in the B-6 District:
(a) 
Electric power or gas metering substation (only as a principal use on its own lot).
(b) 
Heliport pad.
(c) 
Outdoor display or storage of merchandise related to a principal indoor retail use, except as noted in Subsection K(4) below.
(d) 
Restaurants or gasoline stations open to the public during hours not routinely allowed pursuant to Subsection K(1) below for which the conditional use permit shall be renewable on an annual basis or other such time period as prescribed by the Village Plan Commission.
(e) 
Transmission line (electric power or natural gas).
(f) 
Utility substation building (only as a principal use on its own lot).
E. 
Special licensed uses. Some uses require a special license approved by the Village Board and may only be operated pursuant to and in accordance with such license. The granting of a Village license by the Village Board is not assured either by permitted use status or by the granting of a conditional use permit or of any other permit or approval under this chapter.
F. 
Combination of uses. Except as otherwise specifically provided for in this section, two or more principal uses and their related accessory uses may be located and conducted in the same principal building in the B-6 District, subject to Article IX of this chapter and all other applicable provisions of this chapter and of other Village ordinances and codes, in accordance with each of the following restrictions to the extent such restrictions are applicable:
(1) 
Permitted uses allowed in the B-6 District and their related accessory uses may be located separately or together, and may be conducted separately or together, with other such permitted uses and their related accessory uses in the same principal building in the B-6 District.
(2) 
Conditional uses allowed in the B-6 District and their related accessory uses may be located separately or together, and may be conducted separately or together, with other such conditional uses and their related accessory uses in the same principal building in the B-6 District; provided, however, that the area of a building occupied by a conditional use and any related accessory uses shall be a physically separate defined area in which any proposed new use of any kind (or any use of any kind existing as of the time when the conditional use permit for such conditional use or any amendment of such permit is approved) shall be allowed only pursuant to and in accordance with the conditional use permit issued for such conditional use under Article XVIII of this chapter.
(3) 
Permitted uses allowed in the B-6 District and their related accessory uses and conditional uses allowed in the B-6 District and their related accessory uses may be located separately or together, and may be conducted separately or together, in the same principal building in the B-6 District; provided, however, that the area of a building occupied by a conditional use and any related accessory uses shall be a physically separate defined area in which any proposed new use of any kind (or any use of any kind existing as of the time when the conditional use permit for such conditional use or any amendment of such permit is approved) shall be allowed only pursuant to and in accordance with the conditional use permit issued for such conditional use under Article XVIII of this chapter.
(4) 
Nonconforming uses existing in the B-6 District as of the effective date of Ordinance No. 17-14 (April 17, 2017) and any related accessory uses existing as of such date may be continued in the same principal building with other uses; provided, however, that no nonconforming use and no accessory use to a nonconforming use may be extended or expanded into new areas, and no new accessory use related to such nonconforming use (and no prior accessory use to such nonconforming use that has been discontinued as an actively conducted use for a period of 12 or more consecutive months) may be commenced or recommenced, and further provided that the area of a building occupied by a nonconforming use and any related accessory uses shall be a physically separate defined area in which any proposed new use of any kind shall be prohibited.
G. 
Accessory uses.
(1) 
Except as otherwise specifically provided in this chapter, accessory uses to principal uses allowed in the B-6 District are allowed, subject to Article IX of this chapter and all other applicable provisions of this chapter and of other Village ordinances and codes, as follows:
(a) 
Accessory uses to principal permitted uses in the B-6 District are allowed.
(b) 
Accessory uses to principal conditional uses allowed in the B-6 District are allowed, but only pursuant to and in accordance with a conditional use permit issued under Article XVIII of this chapter.
(2) 
New proposed accessory uses to nonconforming uses (and any prior accessory uses to a nonconforming use that have been discontinued as actively conducted uses for 12 or more consecutive months) are prohibited.
(3) 
In the event of any issue about whether a particular use is properly an accessory use, the Zoning Administrator shall have authority to decide. The Zoning Administrator shall make written findings to support any such decision.
H. 
Prohibited uses. Uses that are not specifically allowed in the B-6 District by this chapter are prohibited in the B-6 District.
I. 
Dimensional standards. Except as otherwise specifically provided in this chapter, and without limitation, all uses, sites, buildings and structures in the B-6 District shall comply with the following dimensional standards to the extent applicable:
(1) 
Lot size: 2.5 acres minimum, except that the minimum lot size for a freestanding commercial communication structure or a utility substation building shall be as prescribed by § 420-148 of this chapter, and further provided that no minimum lot size shall be applicable to a transmission line.
(2) 
Lot frontage on a public street: 150 feet minimum; provided, however, that on a substantial curve the public street frontage may be reduced as necessary to an absolute minimum of 100 feet if all other requirements are satisfied, except that the minimum lot frontage on a public street for a freestanding commercial communication structure or a utility substation building shall be as prescribed by § 420-148 of this chapter, and further provided that no minimum lot frontage on a public street shall be applicable to a transmission line.
(3) 
Open space: 25% minimum.
(4) 
Principal building standards:
(a) 
Gross floor area: 4,000 square feet minimum and 50,000 square feet maximum, except:
[1] 
The minimum gross floor area for a utility substation building shall be as prescribed by § 420-148 of this chapter;
[2] 
There is no maximum gross floor area for a hotel or conference center;
[3] 
An office building shall have minimum of two floors above grade; the gross floor area of a principal office building shall be a minimum of 24,000 square feet, and each of the first two floors above grade shall have a gross floor area of at least 10,000 square feet with no maximum area; and
[4] 
The maximum size of a grocery store shall not exceed 25,000 square feet.
(b) 
Height: 40 feet maximum, except a hotel, conference center or office building shall not exceed 100 feet.
(c) 
Setbacks:
[1] 
Street setback: minimum of 65 feet from arterial streets or highways and a minimum of 40 feet from nonarterial streets or private roads.
[2] 
Side setback: 45 feet minimum.
[3] 
Rear setback: 45 feet minimum.
[4] 
Shore setback: 50 feet minimum adjacent to Lake Michigan, 35 feet minimum adjacent to all other navigable waterways.
[Amended 7-17-2017 by Ord. No. 17-32]
[5] 
Wetland setback: 25 feet minimum.
(5) 
Detached accessory building/trash enclosure standards: detached accessory buildings or trash enclosures are prohibited.
J. 
Design standards. Except as otherwise specifically provided in this chapter, and without limitation, all uses, sites, buildings and structures in the B-6 District shall comply with the following design standards to the extent applicable:
(1) 
Number of principal structures per lot: One maximum; provided, however, that attached buildings are allowed if the attachment maintains a fire wall between each two attached buildings, with no pedestrian openings, and that the horizontal distance of the attachment is at least 75% of the length or width of one of each two attached buildings and a minimum of 75 feet, and, without limitation, that each such attached building individually satisfies the minimum gross floor area restriction for principal buildings and that all such buildings attached to one another collectively comply with any maximum gross floor area restriction for principal buildings, and further provided that one or more commercial communication antennas, whips, panels or other similar transmission or reception devices (but no towers) mounted on a principal building or structure are allowed.
(2) 
Number of detached accessory buildings and/or detached trash enclosures: none (trash enclosure shall be part of the principal building).
(3) 
All accessory uses or structures shall be on the same lot or approved site as the principal use.
(4) 
Site and operational plan requirements pursuant to Article IX of this chapter.
(5) 
Parking, access and traffic requirements pursuant to Article VIII of this chapter.
(6) 
Sign requirements pursuant to Article X of this chapter.
(7) 
Fence requirements pursuant to Article XI of this chapter.
(8) 
Each use, site, building and structure shall be designed, laid out, constructed and maintained in full compliance with the approved site and operational plan, any required conditional use permit, any required license and all other applicable provisions of this chapter and of all other Village ordinances and codes.
K. 
Operational standards. Except as otherwise specifically provided in this chapter, and without limitation, all uses, sites, buildings and structures in the B-6 District shall comply with the following operational standards to the extent applicable:
(1) 
Hours of operation (when the public is allowed to enter or remain on site for business purposes), except for hotels, retreat centers with overnight stays and uses requiring a Village liquor license: 5:00 a.m. to 12:00 midnight maximum; for hotels and retreat centers with overnight stays: no limit; for uses requiring a Village liquor license: as provided in § 125.68(4), Wis. Stats.
(2) 
Hours for deliveries, or any other activities outside the principal building that might cause a disturbance to neighboring residential areas (e.g., outside loading or unloading, the arrival of deliveries, idling of delivery trucks, beeping of backing vehicles, and garbage pickup), except for snow removal: 5:00 a.m. to 12:00 midnight maximum.
(3) 
Except as otherwise specifically permitted by this chapter, all business activities shall be conducted within a building.
(4) 
No outside storage or display of merchandise is allowed, except for gasoline station and convenience store uses only and pursuant to the following:
(a) 
A maximum of one eight-foot-by-six-foot-by-three-foot [(L x H x D) maximum size] outdoor ice storage bin is allowed per parcel.
(b) 
A maximum of one eight-foot-by-six-foot-by-four-foot [(L x H x D) maximum size] outdoor liquid propane (LP) storage cage shall be allowed per parcel.
(c) 
The ice storage bins and LP storage cages:
[1] 
Shall be located against a solid front or side wall of the principal structure.
[2] 
Shall not be located against a rear or back wall of a building.
[3] 
Shall not be located in front of windows or doorways and shall not block or obstruct any windows or doorways.
[4] 
Shall not block or obstruct any walkways associated with handicapped accessibility to the main entrance of the building.
[5] 
Shall be maintained in a state of good repair; not dented, crushed or bent.
[6] 
Shall not contain rust and shall not have peeling/chipped paint.
[7] 
Shall not be allowed to have plastic banners, streamers or other signage affixed, placed or attached to the containers.
[8] 
Are allowed limited signage on the exterior of the storage units that is limited to the use therein (i.e., ice and LP gas advertising signage).
(d) 
The LP storage cages:
[1] 
Shall be in compliance with the most current edition of the National Fire Protection Association (NFPA) Standard 58 (Liquefied Petroleum Gas Code).
[2] 
Shall be protected by a bollard, raised sidewalk or some other acceptable means to provide protection against accidental vehicle impact or damage. The means of protection shall be reviewed and approved, on a case-by-case basis, by the Chief of the Fire & Rescue Department, or his/her designee. The Chief of the Fire & Rescue Department shall determine the location, spacing and the quantity of the bollard(s). The means of protection shall not obstruct or inhibit on-site vehicular or pedestrian traffic flow.
(e) 
All LP containers/cylinders shall be stored inside the LP cages.
(5) 
No on-site residential uses are allowed.
(6) 
Each use, site, building and structure shall comply with all applicable performance standards set forth in § 420-38 of this chapter.
(7) 
Each site, building and structure shall be maintained in a neat, presentable, aesthetically pleasing, structurally sound and nonhazardous condition. All litter and debris shall be promptly removed.
(8) 
Each use, site, building and structure shall be operated in full compliance with the approved site and operational plan, any required conditional use permit, any required license and all other applicable provisions of this chapter and of all other Village ordinances and codes.
L. 
Municipal services required. Except as otherwise specifically provided in this chapter, and without limitation, no proposed new, reconstructed or relocated principal building shall be permitted in the B-6 District unless it is connected to the Village's public sewer and water systems, and any existing principal building not already connected to the Village's public sewer and water systems shall be so connected before any proposed addition is made to such building, or before any proposed change in the use of such building is made from one use category to another (e.g., residential to business), and before any proposed use is commenced or recommenced in such a building that has been vacant or unused for 12 consecutive months or longer.
[Amended 1-15-2007 by Ord. No. 07-01; 5-21-2007 by Ord. No. 07-25; 12-17-2007 by Ord. No. 07-59; 7-20-2009 by Ord. No. 09-44; 3-15-2010 by Ord. No. 10-11]
A. 
Purpose and characteristics.
(1) 
The M-1 Limited Manufacturing District is intended to provide for limited manufacturing, wholesaling, warehousing and related uses within an enclosed structure wherein no high-hazard uses are allowed and the method of manufacturing is not injurious to the point of constituting a nuisance to the occupants of adjacent properties by reason of the emission or creation of noise, vibration, smoke, dust or particle matters, toxic or noxious materials, odors, fire or explosive hazards, glare or heat and located in those areas where the relationship to surrounding land uses would create few problems of compatibility. This district also allows for office parks or individual office buildings and ancillary uses, which may or may not include space for manufacturing, assemblies, or warehousing, but provide direct services to the employees or customers or other uses in the area. It is anticipated that these areas would be developed in an attractive parklike setting with landscaping, consistent signage, and similar or compatible building materials and designed to present an integrated image to customers. No such district shall be established unless it is in compliance with Village adopted or amended comprehensive, neighborhood and conceptual plans.
(2) 
The uses allowed in the M-1 District are based on the Use and Occupancy Classification specified in Chapter 3 of the 2006 International Building Code (2006 IBC), as may be amended from time to time. Where a use is proposed for a purpose that is not specifically provided in Chapter 3 of the 2006 IBC and is not specifically listed as a prohibited use in the M-1 District, such use shall be classified in the group that the occupancy most clearly resembles, according to the firesafety and relative hazard involved. The Zoning Administrator shall make the final determination if the use is allowed within the M-1 District.
B. 
Permitted uses. The following listed principal uses and certain unspecified principal uses approved pursuant to Subsection C, below, are allowed as permitted uses in the M-1 District, subject to the requirements of Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes:
(1) 
Uses classified as Factory Group F in Section 306 of the 2006 IBC, including assembling, disassembling, fabricating, finishing, manufacturing, packaging, distributing, repair or processing operations that are not classified as a Group H Hazard or Group S Storage pursuant to Sections 307 and 311 of the 2006 IBC; provided, however, that the use is not listed as a prohibited use in Subsection C below.
(a) 
Factory Industrial F-2 Low-hazard uses that involve the fabrication or manufacturing of noncombustible materials which during finishing, packing or processing do not involve a significant fire hazard, as determined by the Village Fire Chief, including but not limited to beverages (up to and including twelve-percent alcohol content); brick and masonry; ceramic products; foundries; glass products; gypsum; ice; and metal products (fabrication and assembly).
(b) 
Factory Industrial F-1 Moderate-hazard uses which are not classified as Factory Industrial F-2 Low-hazard uses, including but not limited to aircraft; appliances; athletic equipment; automobiles and other motor vehicles, bakeries, beverages (over twelve-percent alcohol content); bicycles; boats, building; brooms or brushes; business machines; cameras and photo equipment; canvas or similar fabric; carpet and rug (including cleaning); clothing; construction and agricultural machinery; disinfectants, dry cleaning and dyeing; electronics; engines (including rebuilding); food processing; furniture; hemp products; jute products; laundries; leather products; machinery; metals; millwork (sash and door); motion pictures and television filming (without spectators); musical instruments, optical goods; paper mills or products; photographic film; plastic products; printing or publishing; recreational vehicles; shoes; soaps and detergents; textiles; tobacco; trailers; upholstering; wood, distillation; woodworking (cabinet).
(2) 
Uses classified as Storage Group S in Section 311 of the 2006 IBC that are not classified as a Group H Hazard pursuant to Section 307 of the 2006 IBC are allowed to be stored and distributed; provided, however, that the use is not listed as a prohibited use in subsection C below.
(a) 
Low-hazard storage Group S-2 includes uses for the storage of noncombustible materials such as products on wood pallets or in paper cartons with or without single-thickness divisions; or in paper wrappings. Such products may have a negligible amount of plastic trim such as knobs, handles or film wrapping. Storage uses include, but not limited to, beverages (up to and including twelve-percent alcohol in metal, glass or ceramic containers); cement in bags; chalk and crayons; dairy products in nonwaxed coated paper containers; dry cell batteries; electrical coils; electrical motors; empty cans; food products; foods in noncombustible containers; fresh fruits and vegetables in nonplastic trays or containers; frozen foods; glass; glass bottles, empty or filled with noncombustible liquids; gypsum board; inert pigments, ivory; meats; metal cabinets; metal desks with plastic tops and trim; metal parts; metals; mirrors; oil-filled and other types of distribution transformers; parking garages, open or enclosed; porcelain and pottery; stoves; talc and soapstones; and washer and dryers.
(b) 
Moderate-hazard Group S-1 includes uses for the storage of uses which are not classified as low-hazard storage Group S-1, including but not limited to aerosols, Level 2 and Level 3; aircraft hangars; bags: cloth, burlap or paper; bamboos and rattan; baskets; belting: canvas and leather; books and paper in rolls or packs; boots and shoes; buttons, including cloth covered, pearl or bone; cardboard and cardboard boxes; clothing, woolen wearing apparel; cordage; furniture; furs; glues, mucilage, pastes and size; grains; horns and combs, other than celluloid; leather, linoleum; lumber; motor vehicle repair garages complying with the maximum allowable quantities of hazardous materials listed in Table 307.1(1) of the 2006 IBC; photo engraving; resilient flooring; silks; soaps; sugar; tobacco, cigars, cigarettes and snuff; upholstery and mattresses; and wax candles.
(3) 
Uses classified as Business Group B in Section 304 of the 2006 IBC that are not classified as a Group H hazard pursuant to Section 307 of the 2006 IBC provided, however, that the use is not listed as a prohibited use in Subsection C, below. Business Group B uses include, among others, the use of a building, or a portion thereof, for office, professional or service-type transactions, which serve as an ancillary uses or support use in the M-1 District: banks; barber- and beauty shops; clinic-outpatient; dry cleaning and laundries, pickup and delivery stations and self-service; electronic data processing; laboratories, testing and research; motor vehicle showrooms, post offices, print shops, professions services (architects, attorneys, dentist, physicians, engineering, etc.); and radio and television stations.
(4) 
Day-care facilities, either for children or adults.
(5) 
Public administrative offices and public service buildings, including fire and police stations, community centers, and welcome centers.
(6) 
Public or private schools, colleges, universities, technology academies and any associated administrative offices.
(7) 
Commercial communication structures (as a principal or accessory use per § 420-89).
[Added 4-7-2014 by Ord. No. 14-08]
C. 
Unspecified permitted uses. The Zoning Administrator shall have authority to approve as a permitted use in the M-1 District a proposed principal use not listed in Subsection B above if the proposed use is similar in character to one or more of the listed permitted uses in the M-1 District and is free of potential problems requiring special regulation. The Zoning Administrator shall make written findings supporting any such decision. Any use so approved shall be subject to all requirements of Subsection B above. Notwithstanding the foregoing authorization, the following uses shall not be construed to be permitted uses in the M-1 District:
(1) 
Any listed permitted use or conditional use specified in the I-1, B-1, B-2, B-3, B-4, B-5, M-2, M-3 and M-4 Districts that is not specifically listed in Subsection B above.
(2) 
Any use involving the serving or selling of alcoholic beverages that is not specifically listed in Subsection B above.
(3) 
Any adult-oriented uses, including, without limitation, an adult bookstore, adult cabaret, adult club, adult dry cabaret, adult movie theater, adult video rental store, adult video store or adult viewing facility.
(4) 
Any use classified as a High-Hazard Group H use pursuant to Section 307 of the 2006 IBC that involves the manufacturing, processing, generation or storage of materials that constitute a physical or health hazard in quantities in excess of those allowed in control areas constructed and located as required in Section 414 of the 2006 IBC.
(5) 
Anhydrous ammonia (bulk storage facility or retail sale).
(6) 
Asbestos (storage of).
(7) 
Animal hospitals, kennels and pounds.
(8) 
Car wash (commercial).
(9) 
Concrete and asphalt batch plants.
(10) 
Dry cabaret.
(11) 
Feed mills.
(12) 
Fertilizer (production, sales, storage, mixing or blending).
(13) 
Fireworks (manufacturing, storage or sale).
(14) 
Flea markets.
(15) 
Gas stations with or without a car wash (commercial).
(16) 
Greenhouse.
(17) 
Hotel.
(18) 
Liquor store.
(19) 
Livestock sale facilities.
(20) 
Motel.
(21) 
Nursery.
(22) 
Pawnshop.
(23) 
Petroleum bulk stations and terminals.
(24) 
Psychic/tarot card/astrology reading.
(25) 
Recycling facilities.
(26) 
Refuse incineration.
(27) 
Slaughterhouse.
(28) 
Tires (bulk storage).
(29) 
Tavern.
(30) 
Truck stop and/or truck service facility.
(31) 
Wrecking, junk, demolition and scrap yards.
D. 
Conditional uses. The following uses may be permitted as conditional uses in the M-1 District (as principal uses or accessory uses, as appropriate) pursuant to and in accordance with Article XVIII of this chapter, subject to the requirements of Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes:
(1) 
Retail or wholesale of merchandise manufactured or stored within the building, provided that the retail or wholesale use is not classified as a High-Hazard Group H pursuant to Section 307 of the 2006 IBC.
(2) 
Miscellaneous uses. The following miscellaneous uses may be permitted as conditional uses in the M-1 District:
(a) 
(Reserved)[1]
[1]
Editor’s Note: Former Subsection D(2)(a), concerning commercial communication antennas and like devices, was repealed 4-7-2014 by Ord. No. 14-08.
(b) 
Electric power or gas-metering substation (only as a principal use on its own lot).
(c) 
(Reserved)[2]
[2]
Editor’s Note: Former Subsection D(2)(c), concerning freestanding commercial communication structures, was repealed 4-7-2014 by Ord. No. 14-08.
(d) 
Outside storage.
(e) 
Transmission line (electric power or natural gas).
(f) 
Utility substation building (only as a principal use on its own lot).
(g) 
Wind energy conversion systems.
E. 
Special licensed uses. Some uses require a special license approved by the Village Board and may only be operated pursuant to and in accordance with such license. The granting of a Village license by the Village Board is not assured either by permitted use status or by the granting of a conditional use permit or of any other permit or approval under this chapter.
F. 
Combination of uses. Except as otherwise specifically provided for in this section, two or more principal uses and their related accessory uses may be located and conducted in the same principal building in the M-1 District, subject to Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes, in accordance with each of the following restrictions to the extent such restrictions are applicable:
(1) 
Permitted uses allowed in the M-1 District and their related accessory uses may be located separately or together, and may be conducted separately or together, with other such permitted uses and their related accessory uses in the same principal building in the M-1 District.
(2) 
Conditional uses allowed in the M-1 District and their related accessory uses may be located separately or together, and may be conducted separately or together, with other such conditional uses and their related accessory uses in the same principal building in the M-1 District; provided, however, that the area of a building occupied by a conditional use and any related accessory uses shall be a physically separate defined area in which any proposed new use of any kind (or any use of any kind existing as of the time when the conditional use permit for such conditional use or any amendment of such permit is approved) shall be allowed only pursuant to and in accordance with the conditional use permit issued for such conditional use under Article XVIII of this chapter.
(3) 
Permitted uses allowed in the M-1 District and their related accessory uses and conditional uses allowed in the M-1 District and their related accessory uses may be located separately or together, and may be conducted separately or together, in the same principal building in the M-1 District; provided, however, that the area of a building occupied by a conditional use and any related accessory uses shall be a physically separate defined area in which any proposed new use of any kind (or any use of any kind existing as of the time when the conditional use permit for such conditional use or any amendment of such permit is approved) shall be allowed only pursuant to and in accordance with the conditional use permit issued for such conditional use under Article XVIII of this chapter.
(4) 
Nonconforming uses existing in the M-1 District as of the effective date of Ordinance No. 10-11 (March 15, 2010) and any related accessory uses existing as of such date may be continued in the same principal building with other uses; provided, however, that no nonconforming use and no accessory use to a nonconforming use may be extended or expanded into new areas, and no new accessory use related to such nonconforming use (and no prior accessory use to such nonconforming use that has been discontinued as an actively conducted use for a period of 12 or more consecutive months) may be commenced or recommenced, and further provided that the area of a building occupied by a nonconforming use and any related accessory uses shall be a physically separate defined area in which any proposed new use of any kind shall be prohibited.
G. 
Accessory uses.
(1) 
Except as otherwise specifically provided in this chapter, accessory uses to principal uses allowed in the M-1 District are allowed, subject to Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes, as follows:
(a) 
Accessory uses to principal permitted uses in the M-1 District are allowed.
(b) 
Accessory uses to principal conditional uses allowed in the M-1 District are allowed, but only pursuant to and in accordance with a conditional use permit issued under Article XVIII of this chapter.
(2) 
New proposed accessory uses to nonconforming uses (and any prior accessory uses to a nonconforming use that have been discontinued as actively conducted uses for 12 or more consecutive months) are prohibited.
(3) 
In the event of any issue about whether a particular use is properly an accessory use, the Zoning Administrator shall have authority to decide. The Zoning Administrator shall make written findings to support any such decision.
H. 
Temporary uses. Temporary uses may be allowed in the M-1 District pursuant to § 420-140.1 of this chapter.
I. 
Prohibited uses. Uses that are not specifically allowed in the M-1 District by this chapter as specified in the foregoing sections are prohibited in the M-1 District. However, where a use is proposed for a purpose that is not specifically provided in Chapter 3 of the 2006 IBC and is not specifically listed as a prohibited use in the M-1 District regulations, such use shall be classified in the group that the occupancy most clearly resembles, according to the firesafety and relative hazard involved. The Zoning Administrator shall make the final determination if the use is allowed within the M-1 District.
J. 
Dimensional standards. Except as specifically provided in this chapter, and without limitations, all uses, site, building and structures in the M-1 District shall comply with the following dimensional standards to the extent applicable.
(1) 
Lot size: two acres minimum, except that the minimum lot size for a freestanding commercial communication structure or a utility substation building shall be as prescribed by § 420-148 of this chapter; and further provided that no minimum lot size shall be applicable to transmission lines.
(2) 
Lot frontage. Lot frontage on a public street: 150 feet minimum; however, that on a substantial curve the public street frontage may be reduced as necessary to an absolute minimum of 100 feet if all other requirements are satisfied, except that the minimum lot frontage on a public street for a freestanding communication structure or a utility substation building shall be as prescribed by § 420-148 of this chapter, and further provided that no minimum lot frontage on a public street shall be applicable to transmission lines.
(3) 
Open space: 25% minimum.
(4) 
Building standards:
(a) 
Gross floor area: No maximum or minimum building area shall be required in the M-1 District due to the variety of uses within this district and the diverse building demands of each use.
(b) 
Principal building height: 45 feet maximum; however, the height of a principal building or part thereof may be increased not to exceed 60 feet in height, provided that for every one foot above 45 feet, said principal structure shall be set back an additional two feet from the side and rear property lines.
(c) 
Accessory building height: 30 feet maximum.
(d) 
Setbacks. The following setbacks shall be considered to be minimum setbacks; greater setback may be required by state building codes.
[1] 
Street setback: minimum of 65 feet from arterial streets or highways and a minimum of 40 feet from nonarterial streets or private roads for buildings constructed after April 1, 2010, or a minimum of 65 feet from arterial streets or highways and a minimum of 30 feet from nonarterial streets or private roads for buildings constructed before April 1, 2010.
[2] 
Shore setback: 50 feet minimum adjacent to Lake Michigan, 35 feet minimum adjacent to all other navigable waterways.
[Amended 7-17-2017 by Ord. No. 17-32]
[3] 
Wetland setback: 25 feet minimum.
[4] 
Side setback: 45 feet minimum for all buildings constructed after April 1, 2010, or 25 feet minimum for all buildings constructed before April 1, 2010.
[5] 
Rear setback: 45 feet minimum for all buildings constructed after April 1, 2010, or 25 feet minimum for all buildings constructed before April 1, 2010.
[6] 
Separation distance between all buildings: 45 feet minimum.
K. 
Design standards. Except as otherwise specifically provided in this chapter, and without limitation, all uses, sites, buildings and structures in the M-1 District shall comply with the following design standards to the extent applicable:
(1) 
Number of principal structures per lot: no limit.
(2) 
Number of detached accessory buildings: no limit.
(3) 
All accessory uses or structures shall be on the same lot or approved site as the principal use.
(4) 
Site and operational plan requirements pursuant to Article IX of this chapter.
(5) 
Parking, access and traffic requirements pursuant to Article VIII of this chapter.
(6) 
Sign requirements pursuant to Article X of this chapter.
(7) 
Fence requirements pursuant to Article XI of this chapter.
(8) 
Each use, site, building and structure shall be designed, laid out, constructed and maintained in full compliance with the approved site and operational plan, any required conditional use permit, any required license and all other applicable provisions of this chapter and of all other Village ordinances and codes.
L. 
Operational standards. Except as otherwise specifically provided in this chapter, and without limitation, all uses, sites, buildings and structures in the M-1 District shall comply with the following operational standards to the extent applicable:
(1) 
Hours of operation (when the public is allowed to enter or remain on site for business purposes):
(a) 
5:00 a.m. to 12:00 midnight maximum for retail uses allowed with a conditional use permit.
(b) 
5:00 a.m. to 12:00 midnight maximum for day-care facilities, either for children or adults, and public or private schools, colleges, universities, technology academies and any associated administrative offices.
(c) 
5:00 a.m. to 12:00 midnight maximum for the following allowed uses classified as Business Group B in Section 304 of the 2006 IBC: banks; barbershops and beauty shops; clinic-outpatient; dry cleaning and laundries, pickup and delivery stations and self-service; motor vehicle showrooms, post offices, print shops, and professional services (architects, attorneys, dentists, physicians, engineering, etc.).
(d) 
All other uses: no limit.
(2) 
Hours for deliveries, or any other activities outside the principal building (e.g., outside loading or unloading, the arrival of deliveries, idling of delivery trucks, beeping of backing vehicles, and garbage pickup), except for snow removal:
(a) 
6:00 a.m. to 10:00 p.m. maximum for retail uses allowed with a conditional use permit.
(b) 
6:00 a.m. to 10:00 p.m. maximum for day-care facilities, either for children or adults, and public or private schools, colleges, universities, technology academies and any associated administrative offices.
(c) 
6:00 a.m. to 10:00 p.m. maximum for the following allowed uses classified as Business Group B in Section 304 of the 2006 IBC: banks; barbershops and beauty shops; clinic-outpatient; dry cleaning and laundries, pickup and delivery stations and self-service; motor vehicle showrooms, post offices, print shops, and professional services (architects, attorneys, dentists, physicians, engineering, etc.).
(d) 
All other uses: no limit.
(3) 
Except as otherwise specifically permitted by this chapter under a conditional use granted by the Village, all activities shall be conducted within a building.
(4) 
No on-site residential uses are allowed.
(5) 
Each use, site, building and structure shall comply with all applicable performance standards set forth in § 420-38 of this chapter.
(6) 
Each site, building and structure shall be maintained in a neat, presentable, aesthetically pleasing, structurally sound and nonhazardous condition. All litter and debris shall be promptly removed.
(7) 
Each use, site, building and structure shall be operated in full compliance with the approved site and operational plan, any required conditional use permit, any required license and all other applicable provisions of this chapter and of all other Village ordinances and codes.
M. 
Authorized sanitary sewer system. See § 420-32 of this chapter.
N. 
Authorized water supply system. See § 420-33 of this chapter.
[Amended 1-16-2006 by Ord. No. 06-02; 1-15-2007 by Ord. No. 07-01; 12-17-2007 by Ord. No. 07-59; 7-20-2009 by Ord. No. 09-44; 3-15-2010 by Ord. No. 10-12]
A. 
Purpose and characteristics.
(1) 
The M-2 General Manufacturing District is intended to provide for manufacturing, wholesaling, warehousing and related uses within an enclosed structure in which high-hazard uses are located within limited areas and the method of manufacturing is not injurious to the point of constituting a nuisance to the occupants of adjacent properties by reason of the emission or creation of noise, vibration, smoke, dust or particle matters, toxic or noxious materials, odors, fire or explosive hazards, glare or heat and located in those areas where the relationship to surrounding land uses would create few problems of compatibility. This district also allows for office parks or individual office buildings and ancillary uses, which may or may not include space for manufacturing, assemblies, or warehousing, but provide direct services to the employees or customers or other uses in the area. It is anticipated that these areas would be developed in an attractive parklike setting with landscaping, consistent signage, and similar or compatible building materials and designed to present an integrated image to customers. No such district shall be established unless it is in compliance with Village adopted or amended comprehensive, neighborhood and conceptual plans.
(2) 
The uses allowed in the M-2 District are based on the Use and Occupancy Classification specified in Chapter 3 of the 2006 International Building Code (2006 IBC), as may be amended from time to time. Where a use is proposed for a purpose that is not specifically provided in Chapter 3 of the 2006 IBC and is not specifically listed as a prohibited use in the M-2 District, such use shall be classified in the group that the occupancy most clearly resembles, according to the firesafety and relative hazard involved. The Zoning Administrator shall make the final determination if the use is allowed within the M-2 District.
B. 
Permitted uses. The following listed principal uses and certain unspecified principal uses approved pursuant to Subsection C below are allowed as permitted uses in the M-2 District, subject to the requirements of Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes.
(1) 
All permitted uses allowed in the M-1 Limited Manufacturing District.
C. 
Unspecified permitted uses. The Zoning Administrator shall have authority to approve as a permitted use in the M-2 District a proposed principal use not listed in Subsection B above if the proposed use is similar in character to one or more of the listed permitted uses in the M-2 District and is free of potential problems requiring special regulation. The Zoning Administrator shall make written findings supporting any such decision. Any use so approved shall be subject to all requirements of Subsection B above. Notwithstanding the foregoing authorization, the following uses shall not be construed to be permitted uses in the M-2 District:
(1) 
Any listed permitted use or conditional use specified in the I-1, B-1, B-2, B-3, B-4, B-5, M-1, M-3 and M-4 Districts that is not specifically listed in Subsection B above.
(2) 
Any use involving the serving or selling of alcoholic beverages that is not specifically listed in Subsection B above.
(3) 
Any adult-oriented uses, including, without limitation, an adult bookstore, adult cabaret, adult club, adult dry cabaret, adult movie theater, adult video rental store, adult video store or adult viewing facility.
(4) 
Anhydrous ammonia (bulk storage facility or retail sale).
(5) 
Asbestos (storage of).
(6) 
Animal hospitals, kennels and pounds.
(7) 
Car wash (commercial).
(8) 
Concrete and asphalt batch plants.
(9) 
Dry cabaret.
(10) 
Fertilizer (production, sales, storage, mixing or blending).
(11) 
Feed mills.
(12) 
Fireworks (manufacturing, storage or sale).
(13) 
Flea markets.
(14) 
Gas stations with or without a car wash (commercial).
(15) 
Greenhouse.
(16) 
Hotel.
(17) 
Liquor store.
(18) 
Livestock sale facilities.
(19) 
Motel.
(20) 
Nursery.
(21) 
Pawnshop.
(22) 
Petroleum bulk stations and terminals.
(23) 
Psychic/tarot card/astrology reading.
(24) 
Refuse incineration.
(25) 
Slaughterhouse.
(26) 
Tavern.
(27) 
Tires (bulk storage).
(28) 
Truck stop and/or truck service facility.
(29) 
Wrecking, junk, demolition and scrap yards.
D. 
Conditional uses. The following uses may be permitted as conditional uses in the M-2 District (as principal uses or accessory uses, as appropriate) pursuant to and in accordance with Article XVIII of this chapter, subject to the requirements of Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes:
(1) 
A principal or accessory use classified as a High-Hazard Group H use pursuant to Section 307 of the 2006 IBC that involves the manufacturing, processing, generation or storage of materials that constitute a physical or health hazard in quantities in excess of those allowed in control areas constructed and located as required in Section 414 of the 2006 IBC; provided, however, that the use is not listed as a prohibited use in Subsection C above shall not be commenced or expanded on any parcel zoned M-2 as shown on Illustration 8 in Appendix A.[1]
[1]
Editor's Note: Appendix A is included at the end of this chapter.
(2) 
Recycling facilities (indoors).
(3) 
Retail or wholesale of merchandise manufactured or stored within the building, provided that the retail or wholesale use is not classified as a High-Hazard Group H pursuant to Section 307 of the 2006 IBC.
(4) 
Miscellaneous uses. The following miscellaneous uses may be permitted as conditional uses in the M-2 District:
(a) 
(Reserved)[2]
[2]
Editor’s Note: Former Subsection D(4)(a), concerning commercial communication antennas and like devices, was repealed 4-7-2014 by Ord. No. 14-08.
(b) 
Electric power or gas-metering substation (only as a principal use on its own lot).
(c) 
(Reserved)[3]
[3]
Editor’s Note: Former Subsection D(4)(c), concerning freestanding commercial communication structures, was repealed 4-7-2014 by Ord. No. 14-08.
(d) 
Outside storage.
(e) 
Transmission line (electric power or natural gas).
(f) 
Utility substation building (only as a principal use on its own lot).
(g) 
Wind energy conversion systems.
E. 
Special licensed uses. Some uses require a special license approved by the Village Board and may only be operated pursuant to and in accordance with such license. The granting of a Village license by the Village Board is not assured either by permitted use status or by the granting of a conditional use permit or of any other permit or approval under this chapter.
F. 
Combination of uses. Except as otherwise specifically provided for in this section, two or more principal uses and their related accessory uses may be located and conducted in the same principal building in the M-2 District, subject to Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes, in accordance with each of the following restrictions to the extent such restrictions are applicable:
(1) 
Permitted uses allowed in the M-2 District and their related accessory uses may be located separately or together, and may be conducted separately or together, with other such permitted uses and their related accessory uses in the same principal building in the M-2 District.
(2) 
Conditional uses allowed in the M-2 District and their related accessory uses may be located separately or together, and may be conducted separately or together, with other such conditional uses and their related accessory uses in the same principal building in the M-2 District; provided, however, that the area of a building occupied by a conditional use and any related accessory uses shall be a physically separate defined area in which any proposed new use of any kind (or any use of any kind existing as of the time when the conditional use permit for such conditional use or any amendment of such permit is approved) shall be allowed only pursuant to and in accordance with the conditional use permit issued for such conditional use under Article XVIII of this chapter.
(3) 
Permitted uses allowed in the M-2 District and their related accessory uses and conditional uses allowed in the M-2 District and their related accessory uses may be located separately or together, and may be conducted separately or together, in the same principal building in the M-2 District; provided, however, that the area of a building occupied by a conditional use and any related accessory uses shall be a physically separate defined area in which any proposed new use of any kind (or any use of any kind existing as of the time when the conditional use permit for such conditional use or any amendment of such permit is approved) shall be allowed only pursuant to and in accordance with the conditional use permit issued for such conditional use under Article XVIII of this chapter.
(4) 
Nonconforming uses existing in the M-2 District as of the effective date of Ordinance No. 10-12 (March 15, 2010) and any related accessory uses existing as of such date may be continued in the same principal building with other uses; provided, however, that no nonconforming use and no accessory use to a nonconforming use may be extended or expanded into new areas, and no new accessory use related to such nonconforming use (and no prior accessory use to such nonconforming use that has been discontinued as an actively conducted use for a period of 12 or more consecutive months) may be commenced or recommenced, and further provided that the area of a building occupied by a nonconforming use and any related accessory uses shall be a physically separate defined area in which any proposed new use of any kind shall be prohibited.
G. 
Accessory uses.
(1) 
Except as otherwise specifically provided in this chapter, accessory uses to principal uses allowed in the M-2 District are allowed, subject to Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes, as follows:
(a) 
Accessory uses to principal permitted uses in the M-2 District are allowed.
(b) 
Accessory uses to principal conditional uses allowed in the M-2 District are allowed, but only pursuant to and in accordance with a conditional use permit issued under Article XVIII of this chapter.
(2) 
New proposed accessory uses to nonconforming uses (and any prior accessory uses to a nonconforming use that have been discontinued as actively conducted uses for 12 or more consecutive months) are prohibited.
(3) 
In the event of any issue about whether a particular use is properly an accessory use, the Zoning Administrator shall have authority to decide. The Zoning Administrator shall make written findings to support any such decision.
H. 
Temporary uses. Temporary uses may be allowed in the M-2 District pursuant to § 420-140.1 of this chapter.
I. 
Prohibited uses. Uses that are not specifically allowed in the M-2 District by this chapter as specified in the foregoing sections are prohibited in the M-2 District. However, where a use is proposed for a purpose that is not specifically provided in Chapter 3 of the 2006 IBC and is not specifically listed as a prohibited use in the M-2 District regulations, such use shall be classified in the group that the occupancy most clearly resembles, according to the firesafety and relative hazard involved. The Zoning Administrator shall make the final determination if the use is allowed within the M-2 District.
J. 
Dimensional standards. Except as specifically provided in this chapter, and without limitations, all uses, site, building and structures in the M-2 District shall comply with the following dimensional standards to the extent applicable:
(1) 
Lot size: two acres minimum, except that the minimum lot size for a freestanding commercial communication structure or a utility substation building shall be as prescribed by § 420-148 of this chapter; and further provided that no minimum lot size shall be applicable to transmission lines.
(2) 
Lot frontage. Lot frontage on a public street: 150 feet minimum; however, that on a substantial curve, the public street frontage may be reduced as necessary to an absolute minimum of 100 feet if all other requirements are satisfied, except that the minimum lot frontage on a public street for a freestanding communication structure or a utility substation building shall be as prescribed by § 420-148 of this chapter, and further provided that no minimum lot frontage on a public street shall be applicable to transmission lines.
(3) 
Open space: 25% minimum.
(4) 
Building standards:
(a) 
Gross floor area: No maximum or minimum building area shall be required in the M-2 District due to the variety of uses within this district and the diverse building demands of each use.
(b) 
Principal building height: 60 feet maximum; however, the height of a principal building or part thereof may be increased to a maximum of 90 feet in height, provided that for every one foot above 60 feet, said principal structure shall be set back an additional 1.5 feet from all property lines.
[Amended 10-15-2012 by Ord. No. 12-38]
(c) 
Accessory building height: 30 feet maximum.
(d) 
Setbacks. The following setbacks shall be considered to be minimum setbacks; greater setback may be required by state building codes.
[1] 
Street setback: minimum of 65 feet from arterial streets or highways and a minimum of 40 feet from nonarterial streets or private roads for buildings constructed after April 1, 2010, or a minimum of 65 feet from arterial streets or highways and a minimum of 30 feet from nonarterial streets or private roads for buildings constructed before April 1, 2010.
[2] 
Shore setback: 50 feet minimum adjacent to Lake Michigan, 35 feet minimum adjacent to all other navigable waterways.
[Amended 7-17-2017 by Ord. No. 17-32]
[3] 
Wetland setback: 25 feet minimum.
[4] 
Side setback: 45 feet minimum for all buildings constructed after April 1, 2010, or 25 feet minimum for all buildings constructed before April 1, 2010.
[5] 
Rear setback: 45 feet minimum for all buildings constructed after April 1, 2010, or 25 feet minimum for all buildings constructed before April 1, 2010.
[6] 
Separation distance between all buildings: 45 feet minimum.
K. 
Design standards. Except as otherwise specifically provided in this chapter, and without limitation, all uses, sites, buildings and structures in the M-2 District shall comply with the following design standards to the extent applicable:
(1) 
Number of principal structures per lot: no limit.
(2) 
Number of detached accessory buildings: no limit.
(3) 
All accessory uses or structures shall be on the same lot or approved site as the principal use.
(4) 
Site and operational plan requirements pursuant to Article IX of this chapter.
(5) 
Parking, access and traffic requirements pursuant to Article VIII of this chapter.
(6) 
Sign requirements pursuant to Article X of this chapter.
(7) 
Fence requirements pursuant to Article XI of this chapter.
(8) 
Each use, site, building and structure shall be designed, laid out, constructed and maintained in full compliance with the approved site and operational plan, any required conditional use permit, any required license and all other applicable provisions of this chapter and of all other Village ordinances and codes.
L. 
Operational standards. Except as otherwise specifically provided in this chapter, and without limitation, all uses, sites, buildings and structures in the M-2 District shall comply with the following operational standards to the extent applicable:
(1) 
Hours of operation (when the public is allowed to enter or remain on site for business purposes):
(a) 
5:00 a.m. to 12:00 midnight maximum for retail uses allowed with a conditional use permit.
(b) 
5:00 a.m. to 12:00 midnight maximum for day-care facilities, either for children or adults, and public or private schools, colleges, universities, technology academies and any associated administrative offices.
(c) 
5:00 a.m. to 12:00 midnight maximum for the following allowed uses classified as Business Group B in Section 304 of the 2006 IBC: banks; barbershops and beauty shops; clinic-outpatient; dry cleaning and laundries, pickup and delivery stations and self-service; motor vehicle showrooms, post offices, print shops, and professional services (architects, attorneys, dentists, physicians, engineering, etc.).
(d) 
All other uses: no limit.
(2) 
Hours for deliveries, or any other activities outside the principal building (e.g., outside loading or unloading, the arrival of deliveries, idling of delivery trucks, beeping of backing vehicles, and garbage pickup), except for snow removal:
(a) 
6:00 a.m. to 10:00 p.m. maximum for retail uses allowed with a conditional use permit.
(b) 
6:00 a.m. to 10:00 p.m. maximum for day-care facilities, either for children or adults, and public or private schools, colleges, universities, technology academies and any associated administrative offices.
(c) 
6:00 a.m. to 10:00 p.m. maximum for the following allowed uses classified as Business Group B in Section 304 of the 2006 IBC: banks; barbershops and beauty shops; clinic-outpatient; dry cleaning and laundries, pickup and delivery stations and self-service; motor vehicle showrooms, post offices, print shops, and professions services (architects, attorneys, dentist, physicians, engineering, etc.).
(d) 
All other uses: no limit.
(3) 
Except as otherwise specifically permitted by this chapter under a conditional use granted by the Village, all activities shall be conducted within a building.
(4) 
No on-site residential uses are allowed.
(5) 
Each use, site, building and structure shall comply with all applicable performance standards set forth in § 420-38 of this chapter.
(6) 
Each site, building and structure shall be maintained in a neat, presentable, aesthetically pleasing, structurally sound and nonhazardous condition. All litter and debris shall be promptly removed.
(7) 
Each use, site, building and structure shall be operated in full compliance with the approved site and operational plan, any required conditional use permit, any required license and all other applicable provisions of this chapter and of all other Village ordinances and codes.
M. 
Authorized sanitary sewer system. See § 420-32 of this chapter.
N. 
Authorized water supply system. See § 420-33 of this chapter.
A. 
Primary purpose and characteristics. The M-3 Mineral Extraction and Landfill District is intended to provide for the orderly continuation of existing quarries and related operations and to provide for new operations that provide maximum protection to the natural environment.[1] This district further provides for the restoration of quarries in a manner that will not deteriorate the natural environment of the Village. In addition to quarrying uses, the district provides for the location of municipal liquid and solid waste disposal sites.
[1]
Editor's Note: See also Ch. 270, Quarries and Nonmetallic Mining Operations.
B. 
Principal uses.
[Amended 4-7-2014 by Ord. No. 14-08]
(1) 
Commercial communication structures (as a principal or accessory use per § 420-89).
C. 
Accessory uses.
(1) 
Parking areas and storage garages.
(2) 
Related office facilities and power supplies.
D. 
Conditional uses (see also Article XVIII).
(1) 
Caretaker's quarters.
(2) 
Concrete and asphalt batch plants.
(3) 
Garbage incinerators.
(4) 
Manufacturing of cement or concrete products.
(5) 
Manufacturing of lime, gypsum or plaster of paris.
(6) 
Mining or extraction of rock, slate, gravel, sand, topsoil and other minerals.
(7) 
Sanitary landfill operations.
(8) 
Storage of mineral products or machinery.
(9) 
Utilities and substations.
(10) 
Washing, refining or processing of rock, slate, gravel, sand or minerals processed from the topsoil.
(11) 
Wind energy conversion systems.
E. 
Lot area and width. Lots in the M-3 Mineral Extraction and Landfill District shall provide sufficient area for all structures, the extractive industrial operation, off-street parking and loading as required in Article VIII of this chapter and all required setbacks.
F. 
Building height and area.
(1) 
No building or parts of a building shall exceed 60 feet in height.
(2) 
No maximum or minimum building area shall be required in the M-3 Mineral Extraction or Landfill District due to the variety of uses within the district and the diverse building demands of each use.
G. 
Setbacks.
(1) 
Extractive industrial operations and landfills shall be set back a minimum of 200 feet from the right-of-way of all highways or roads and all property lines.
(2) 
Incinerators, sewage treatment facilities, utilities, and accessory uses, such as offices, parking areas and stockpiles, shall be set back a minimum of 100 feet from the right-of-way of all highways or roads and all property lines.
H. 
Authorized sanitary sewer system. See § 420-32 of this chapter.
I. 
Authorized water supply system. See § 420-33 of this chapter.
[Added 3-15-2010 by Ord. No. 10-13]
A. 
Purpose and characteristics. The M-4 Power Generating District is intended to provide for electrical, steam, power and/or heat generating plants, electrical light plants and power houses and related accessory uses that are not injurious to the point of constituting a nuisance to the occupants of adjacent properties by reason of the emission or creation of noise, vibration, smoke, dust or particle matters, toxic or noxious materials, odors, fire or explosive hazards, glare or heat and located in those areas where the relationship to surrounding land use would create few problems of compatibility. No such district shall be established unless it is in compliance with Village adopted or amended comprehensive, neighborhood and conceptual plans.
B. 
Permitted uses. The following listed principal and accessory uses related to power generating facilities and certain unspecified principal uses approved pursuant to Subsection C below are allowed as permitted uses in the M-4 District, subject to the requirements of Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes:
(1) 
Office uses classified as a Business Group B in Section 304 of the Chapter 3 of the 2006 International Building Code (2006 IBC), as amended from time to time, that are not classified as a Group H hazard pursuant to Section 307 of the 2006 IBC.
(2) 
Entry and security offices or buildings, provided that the use is not classified as a Group H hazard pursuant to Section 307 of the 2006 IBC.
(3) 
Commercial communication structures (as a principal or accessory use per § 420-89).
[Added 4-7-2014 by Ord. No. 14-08]
C. 
Unspecified permitted uses. The Zoning Administrator shall have authority to approve as a permitted use in the M-4 District a proposed principal use or accessory use not listed in Subsection B above if the proposed use is similar in character to the listed permitted use and is not expressly prohibited. Any use so approved shall be subject to all requirements of Subsection B above. Notwithstanding the foregoing authorization, the following uses shall not be construed to be permitted uses in the M-4 District:
(1) 
Any listed permitted or conditional use in the I-1, B-1, B-2, B-3, B-4, B-5, M-1, M-2, and M-3 Districts that is not specifically listed in Subsection B above.
(2) 
Any listed unspecified permitted use in any zoning district that is not specifically listed in Subsection B above.
D. 
Conditional uses. The following uses may be permitted as conditional uses in the M-4 District (as principal uses or accessory uses, as appropriate) pursuant to and in accordance with Article XVIII of this chapter, subject to the requirements of Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes:
(1) 
(Reserved)[1]
[1]
Editor’s Note: Former Subsection D(1), concerning commercial communication antennas and like devices, was repealed 4-7-2014 by Ord. No. 14-08.
(2) 
Electric, gas and steam generating plants.
(3) 
Electric light plants and power houses.
(4) 
Power, gas and heat generating plants.
(5) 
Transmission lines (electric power or natural gas).
(6) 
Utility substations.
(7) 
Utility substation buildings.
E. 
Accessory uses. Accessory uses to a permitted principal use or a conditional use that are not specified in Subsection B above may be allowed in the M-4 District, but only pursuant to and in accordance with a conditional use permit issued under Article XVIII of this chapter. In the event of any issue about whether a particular use is properly an accessory use, the Zoning Administrator shall have authority to decide. The Zoning Administrator shall make written findings to support any such decision.
F. 
Special licensed uses. Some uses require a special license approved by the Village Board and may only be operated pursuant to and in accordance with such license. The granting of a Village license by the Village Board is not assured either by permitted use status or by the granting of a conditional use permit or of any other permit or approval under this chapter.
G. 
Combination of uses. Except as otherwise specifically provided for in this section, two or more principal uses and their related accessory uses may be located and conducted in the same principal building in the M-4 District, subject to Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes, in accordance with each of the following restrictions to the extent such restrictions are applicable:
(1) 
Permitted uses allowed in the M-4 District and their related accessory uses may be located separately or together, and may be conducted separately or together, with other such permitted uses and their related accessory uses in the same principal building or on the same site in the M-4 District.
(2) 
Conditional uses allowed in the M-4 District and their related accessory uses may be located separately or together, and may be conducted separately or together, with other such conditional uses and their related accessory uses in the same principal building or on the same site in the M-4 District; provided, however, that the area of a building occupied by a conditional use and any related accessory uses shall be a physically separate defined area in which any proposed new use of any kind (or any use of any kind existing as of the time when the conditional use permit for such conditional use or any amendment of such permit is approved) shall be allowed only pursuant to and in accordance with the conditional use permit issued for such conditional use under Article XVIII of this chapter.
(3) 
Permitted uses allowed in the M-4 District and their related accessory uses and conditional uses allowed in the M-4 District and their related accessory uses may be located separately or together, and may be conducted separately or together, in the same principal building or on the same site in the M-4 District; provided, however, that the area of a building occupied by a conditional use and any related accessory uses shall be a physically separate defined area in which any proposed new use of any kind (or any use of any kind existing as of the time when the conditional use permit for such conditional use or any amendment of such permit is approved) shall be allowed only pursuant to and in accordance with the conditional use permit issued for such conditional use under Article XVIII of this chapter.
(4) 
Nonconforming uses existing in the M-4 District as of the effective date of Ordinance No. 10-13 (March 15, 2010) and any related accessory uses existing as of such date may be continued in the same principal building with other uses; provided, however, that no nonconforming use and no accessory use to a nonconforming use may be extended or expanded into new areas, and no new accessory use related to such nonconforming use (and no prior accessory use to such nonconforming use that has been discontinued as an actively conducted use for a period of 12 or more consecutive months) may be commenced or recommenced, and further provided that the area of a building occupied by a nonconforming use and any related accessory uses shall be a physically separate defined area in which any proposed new use of any kind shall be prohibited.
H. 
Temporary uses. Temporary uses may be allowed in the M-4 District pursuant to § 420-140.1 of this chapter.
I. 
Prohibited uses. Uses that are not specifically allowed in the M-4 District by this chapter as specified in the foregoing sections are prohibited in the M-4 District.
J. 
Dimensional standards. Except as specifically provided in this chapter, and without limitations, all uses, sites, buildings and structures in the M-4 District shall comply with the following dimensional standards to the extent applicable:
(1) 
Lot size: 50 acres minimum.
(2) 
Lot frontage. Lot frontage on a public street: 300 feet minimum.
(3) 
Open space: 40% minimum.
(4) 
Building standards:
(a) 
Gross floor area: No maximum or minimum building area shall be required in the M-4 District due to the variety of uses within this district and the diverse building demands of each use.
(b) 
Height: 250 feet maximum; however, the height of a building or part thereof may be increased not to exceed 300 feet in height, provided that for every one foot above 250 feet, said principal structure shall be set back an additional 10 feet from the street, side and rear property lines.
(c) 
Setbacks. The following setbacks shall be considered to be minimum setbacks; greater setback may be required by state building codes:
[1] 
Street setback: minimum of 200 feet from all streets or highways, except for entry security buildings, which shall be set back a minimum of 65 feet from all streets.
[2] 
Shore setback: 50 feet minimum adjacent to Lake Michigan, 35 feet minimum adjacent to all other navigable waterways.
[Amended 7-17-2017 by Ord. No. 17-32]
[3] 
Wetland setback: 25 feet minimum.
[4] 
Side setback: 200 feet minimum.
[5] 
Rear setback: 200 feet minimum.
[6] 
Separation distance between buildings: 10 feet minimum.
K. 
Design standards. Except as otherwise specifically provided in this chapter, and without limitation, all uses, sites, buildings and structures in the M-4 District shall comply with the following design standards to the extent applicable:
(1) 
Number of principal structures per lot: no maximum.
(2) 
Number of detached accessory buildings: no maximum.
(3) 
All accessory uses or structures shall be on the same lot or approved site as the principal use.
(4) 
Site and operational plan requirements pursuant to Article IX of this chapter.
(5) 
Parking, access and traffic requirements pursuant to Article VIII of this chapter.
(6) 
Sign requirements pursuant to Article X of this chapter.
(7) 
Fence requirements pursuant to Article XI of this chapter.
(8) 
Each use, site, building and structure shall be designed, laid out, constructed and maintained in full compliance with the approved site and operational plan, any required conditional use permit, any required license and all other applicable provisions of this chapter and of all other Village ordinances and codes.
L. 
Operational standards. Except as otherwise specifically provided in this chapter, and without limitation, all uses, sites, buildings and structures in the M-4 District shall comply with the following operational standards to the extent applicable:
(1) 
Hours of operation, including deliveries: no limit.
(2) 
Except as otherwise specifically permitted by this chapter under a conditional use granted by the Village, all activities shall be conducted within a building.
(3) 
No on-site residential uses are allowed.
(4) 
Each use, site, building and structure shall comply with all applicable performance standards set forth in § 420-38 of this chapter.
(5) 
Each site, building and structure shall be maintained in a neat, presentable, aesthetically pleasing, structurally sound and nonhazardous condition. All litter and debris shall be promptly removed.
(6) 
Each use, site, building and structure shall be operated in full compliance with the approved site and operational plan, any required conditional use permit, any required license and all other applicable provisions of this chapter and of all other Village ordinances and codes.
M. 
Authorized sanitary sewer system. See § 420-32 of this chapter.
N. 
Authorized water supply system. See § 420-33 of this chapter.
[Amended 4-7-2014 by Ord. No. 14-08; 4-17-2017 by Ord. No. 17-12; 7-17-2017 by Ord. No. 17-32; 2-19-2018 by Ord. No. 18-07;5-14-2018 by Ord. No. 18-19]
A. 
Purpose and characteristics.
(1) 
The M-5 Production Manufacturing District is intended to provide for manufacturing, assembly, office, and research and development uses with limited warehouse and distribution uses within an enclosed structure wherein no high hazard uses are allowed and the method of manufacturing is not injurious to the point of constituting a nuisance to the occupants of adjacent properties by reason of the emission or creation of noise, vibration, smoke, dust or particle matters, toxic or noxious materials, odors, fire or explosive hazards, glare or heat and located in those areas where the relationship to surrounding land uses would create few problems of compatibility. This district also allows for office parks or individual office buildings and ancillary uses, which may or may not include space for manufacturing, assemblies, or research and development but provides direct services to the employees or customers or other uses in the area. It is anticipated that these areas would be developed in an attractive corporate parklike setting with landscaping, consistent signage, and similar or compatible building materials and designed to present an integrated image to customers. No such district shall be established unless it is in compliance with Village adopted or amended comprehensive, neighborhood and conceptual plans.
(2) 
Some of the uses allowed in the M-5 District are based on the Use and Occupancy Classification specified in Chapter 3 of the 2006 International Building Code (2006 IBC), as may be amended from time to time. Where a use is proposed for a purpose that is not specifically provided in Chapter 3 of the 2006 IBC and is not specifically listed as a prohibited use in the M-5 District, such use shall be classified in the group that the occupancy most clearly resembles, according to the firesafety and relative hazard involved. The Zoning Administrator shall make the final determination if the use is allowed within the M-5 District.
B. 
Permitted uses. The following listed principal uses and certain unspecified principal uses approved pursuant to Subsection C below are allowed as permitted uses in the M-5 District, subject to the requirements of Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes.
(1) 
Uses classified as Factory Group F in Section 306 of the 2006 IBC, including assembling, disassembling, fabricating, finishing, manufacturing, packaging, distributing [pursuant to Subsection C(3) below], repair or processing operations that are not classified as a Group H Hazard or Group S Storage pursuant to Sections 307 and 311 of the 2006 IBC; provided, however, the use is not listed as a prohibited use in Subsection C below.
(a) 
Factory Industrial F-2 Low-hazard uses that involve the fabrication or manufacturing of noncombustible materials which during finishing, packing or processing do not involve a significant fire hazard, as determined by the Village Fire and Rescue Chief, including but not limited to beverages (up to and included twelve-percent alcohol content); brick and masonry; ceramic products; foundries; glass products; gypsum; ice; and metal products (fabrication and assembly).
(b) 
Factory Industrial F-1 Moderate-hazard uses which are not classified as Factory Industrial F-2 Low-hazard uses, including but not limited to aircraft; appliances; athletic equipment; automobiles and other motor vehicles; bakeries; beverages (over twelve-percent alcohol content); bicycles; boats, building; brooms or brushes; business machines; cameras and photo equipment; canvas or similar fabric; carpet and rug (including cleaning); clothing; construction and agricultural machinery; disinfectants, dry cleaning and dyeing; electronics; engines (including rebuilding); food processing; furniture; hemp products; jute products; laundries; leather products; lighting products; machinery; metals; millwork (sash and door); motion pictures and television filming (without spectators); musical instruments; optical goods; paper mills or products; photographic film; plastic products; printing or publishing; recreational vehicles; shoes; soaps and detergents; textiles; tobacco; trailers; upholstering; wood, distillation; woodworking (cabinets).
(2) 
Corporate, business and professional office uses.
(3) 
Commercial communication structures (as a principal or accessory use per § 420-89).
(4) 
Stormwater detention or retention facilities.
(5) 
Water storage tanks, towers and reservoirs and related appurtenances.
(6) 
Medical office facility (operation of a health center for the provision of medical, surgical, dental, psychiatric and behavioral care, whether inpatient or outpatient, and related uses, including, without limitation, a hospital, outpatient surgery center, urgent care, medical offices, health club, pharmacy, laboratory, auxiliary uses such as temporary overnight lodging for employees for use while on duty only, and complimentary retail uses, such as gift shop, food and beverage and similar uses reasonably auxiliary to the operation of a health center) with approval of a payment in lieu of taxes (PILOT) agreement acceptable to the Village, if any portion of the property is exempt from paying Village of Pleasant Prairie real estate taxes.
C. 
Auxiliary permitted uses. The following listed auxiliary principal uses, and certain unspecified auxiliary principal uses as approved pursuant to Subsection C(5) below, are allowed as permitted uses in the M-5 District:
(1) 
Retail auxiliary permitted uses. The retail sale of any of the following goods or products shall be an auxiliary permitted use in a principal office building or medical office facility in the M-5 District: bakery goods; books; candy; cards; clothing; electronics; handbags; ice cream; jewelry; leather goods; newspapers and magazines; office supplies; pharmaceuticals; sundries; shoes; and tobacco, provided that the following limitations are satisfied: such uses are auxiliary to the permitted office use(s), in that they are located in the principal office building, and are designed to serve the needs of the occupants of the principal office building, and have no dedicated outside entrance to such building, and have no signage visible from the exterior of such building, and further provided that all retail and service auxiliary permitted uses in a principal office building together shall not occupy more than 10% of the gross floor area of such building, all subject to the requirements of Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes.
(2) 
Service auxiliary permitted uses. The following service uses shall be auxiliary permitted uses in a principal office building or medical office facility in the M-5 District: barbershop; coffeehouse; day care (for children or adults) not open to the general public; dry-cleaning service; financial institution; fitness center not open to the general public; museum; photocopying center; photograph developing and printing; restaurant (not including a drive-in restaurant or a restaurant with drive-through facility); and shoe shine or repair service, provided that the following limitations are satisfied: such uses are auxiliary to the permitted office use(s), in that they are located in the principal office building, and are designed to serve the needs of the occupants of the principal office building, and have no dedicated outside entrance to such building, and have no signage visible from the exterior of such building, and further provided that all service and retail auxiliary permitted uses in a principal office building together shall not occupy more than 10% of the gross floor area of such building, all subject to the requirements of Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes.
(3) 
Warehouse and distribution auxiliary permitted uses. The warehouse and distribution auxiliary uses which are permitted in the M-5 District are uses classified as Storage Group S in Section 311 of the 2006 IBC that are not classified as a Group H Hazard pursuant to Section 307 of the 2006 IBC shall be auxiliary permitted uses in a building in the M-5 District, provided that all of the following limitations shall be satisfied:
(a) 
Such uses are auxiliary to the permitted manufacturing or research and development use(s), in that they are located in the principal building;
(b) 
All warehouse and distribution auxiliary permitted uses in a principal building together shall not occupy more than 30% of the gross floor area of such building, except that the building occupant's storage of raw materials and finished products assembled or produced on site shall be exempt from this thirty-percent requirement;
(c) 
The building facade area of dock doors is limited to a total of 25% of the building exterior walls; and
(d) 
Such uses are subject to the requirements of Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes.
(4) 
Corporate campus auxiliary permitted uses. The following auxiliary uses are permitted within a corporate campus development either within any building or a separate standalone building within the corporate campus. A "corporate campus" for this section is defined as a development with multiple buildings on a single lot, provided that a minimum of 60% of the gross floor area of all of the buildings within the campus development is being developed as permitted uses listed in Subsection B(1) and (2) on a single lot with Village approval of a Master Conceptual Plan. As a part of the Master Conceptual Plan, the Village Board may, on a case-by-case basis, allow for buildings to be constructed and occupied in phases pursuant to an approved development agreement, wherein reasonable conditions for the development construction are made and reasonable time frames for the required permitted uses to be constructed and occupied within the corporate campus development are required.
(a) 
Retail auxiliary permitted uses. The retail sale of any of the following goods or products: bakery goods; books; candy; cards; clothing; electronics; handbags; ice cream; jewelry; leather goods; newspapers and magazines; office supplies; pharmaceuticals; sundries; shoes; and tobacco, provided that the following limitations are satisfied: such uses are auxiliary to the permitted use(s), in that they are designed to serve the needs of the occupants of the corporate campus occupants and the needs of the general public, provided that they are subject to the requirements of Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes.
(b) 
Retreat center or corporate retreat center, with or without overnight stays in a separate building on the property of the permitted use or within the same building as the permitted use on the property.
(c) 
Service auxiliary permitted uses. The following service uses: barbershop; coffeehouse; day care (for children or adults) not open to the general public; dry-cleaning service; financial institution; fitness center not open to the general public; museum; photocopying center; photograph developing and printing; restaurant (not including a drive-in restaurant or a restaurant with drive-through facility); and shoe shine or repair service, provided that the following limitations are satisfied: such uses are auxiliary to the permitted use(s), in that they are designed to serve the needs of the corporate campus occupants and the general public, provided that they are subject to the requirements of Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes.
(d) 
Warehouse and distribution uses within a corporate campus are permitted auxiliary to permitted manufacturing use(s) on the lot to the extent all warehouse and distribution auxiliary uses within the corporate campus shall not occupy more than 30% of the gross floor area of all of the buildings on the lot, except that the buildings' occupants' storage of raw materials and finished products assembled or produced on the site shall be exempt from this 30% requirement, the building facade area of dock doors is limited to a total of 25% of any building's exterior walls, and such uses are subject to the requirements of Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes.
(5) 
Unspecified permitted auxiliary uses. The Zoning Administrator shall have authority to approve, as an auxiliary permitted use, a proposed principal use not listed in Subsection C(1), (2), (3) or (4) above, if the proposed use is similar in character to one or more of the listed auxiliary permitted uses in the M-5 District, the use satisfies all of the limitations of this Subsection C above and is free of potential problems requiring special regulation. The Zoning Administrator shall make written findings supporting any such decision. Notwithstanding the foregoing authorization, the following uses shall not be construed to be auxiliary permitted uses in the M-5 District:
(a) 
Any adult-oriented uses, including, without limitation, an adult bookstore, adult cabaret, adult club, adult dry cabaret, adult movie theater, adult video rental store, adult video store or adult viewing facility.
(b) 
Anhydrous ammonia (bulk storage facility or retail sale).
(c) 
Asbestos (storage of).
(d) 
Animal hospitals, kennels and pounds.
(e) 
Any cabaret.
(f) 
Car wash (commercial).
(g) 
Concrete and asphalt batch plants.
(h) 
Dry cabaret.
(i) 
Fertilizer (production, sales, storage, mixing or blending).
(j) 
Feed mills.
(k) 
Fireworks (manufacturing, storage or sale).
(l) 
Flea markets.
(m) 
Gas stations with or without a car wash (commercial).
(n) 
Greenhouse.
(o) 
Hotel.
(p) 
Liquor store.
(q) 
Livestock sale facilities.
(r) 
Motel.
(s) 
Nursery.
(t) 
Pawnshop.
(u) 
Petroleum bulk stations and terminals.
(v) 
Psychic/tarot card/astrology reading.
(w) 
Refuse incineration.
(x) 
Slaughterhouse.
(y) 
Tavern.
(z) 
Tires (production or bulk storage).
(aa) 
Truck stop and/or truck service facility.
(bb) 
Wrecking, junk, demolition and scrap yards.
D. 
Unspecified permitted uses. The Zoning Administrator shall have authority to approve as a permitted use in the M-5 District a proposed principal use not listed in Subsection B or C above if the proposed use is similar in character to one or more of the listed permitted uses in the M-5 District and is free of potential problems requiring special regulation. The Zoning Administrator shall make written findings supporting any such decision. Any use so approved shall be subject to all requirements of Subsection B or C above. Notwithstanding the foregoing authorization, the following uses shall not be construed to be permitted uses in the M-5 District:
(1) 
Any listed permitted use or conditional use or unspecified permitted use specified in any other district that is not expressly listed in Subsection B above.
(2) 
Any use involving the serving or selling of alcoholic beverages that is not specifically listed in Subsection B or C above.
(3) 
Any adult-oriented uses, including, without limitation, an adult bookstore, adult cabaret, adult club, adult dry cabaret, adult movie theater, adult video rental store, adult video store or adult viewing facility.
(4) 
Any use classified as a High-Hazard Group H use pursuant to Section 307 of the 2006 IBC that involves the manufacturing, processing, generation or storage of materials that constitute a physical or health hazard in quantities in excess of those allowed in control areas constructed and located as required in Section 414 of the 2006 IBC.
E. 
Conditional uses. The following uses may be permitted as conditional uses in the M-5 District (as principal uses or accessory uses, as appropriate) pursuant to and in accordance with Article XVIII of this chapter, subject to the requirements of Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes:
(1) 
Retail or wholesale of merchandise manufactured or stored within the building, provided that the retail or wholesale use is not classified as a High-Hazard Group H pursuant to Section 307 of the 2006 IBC.
(2) 
Day-care facilities, either for children or adults, that are open to the general public.
(3) 
Miscellaneous uses. The following miscellaneous uses may be permitted as conditional uses in the M-5 District:
(a) 
(Reserved)
(b) 
Electric power or gas metering substation (only as a principal use on its own lot).
(c) 
Heliport pad.
(d) 
Outside storage.
(e) 
Transmission line (electric power or natural gas).
(f) 
Utility substation building (only as a principal use on its own lot).
(g) 
Wind energy conversion systems.
F. 
Special licensed uses. Some uses require a special license approved by the Village Board and may only be operated pursuant to and in accordance with such license. The granting of a Village license by the Village Board is not assured either by permitted use status or by the granting of a conditional use permit or of any other permit or approval under this chapter.
G. 
Combination of uses. Except as otherwise specifically provided for in this section, two or more principal uses and their related accessory uses may be located and conducted in the same principal building in the M-5 District, subject to Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes, in accordance with each of the following restrictions to the extent such restrictions are applicable:
(1) 
Permitted uses allowed in the M-5 District and their related accessory uses may be located separately or together, and may be conducted separately or together, with other such permitted uses and their related accessory uses in the same principal building in the M-5 District.
(2) 
Conditional uses allowed in the M-5 District and their related accessory uses may be located separately or together, and may be conducted separately or together, with other such conditional uses and their related accessory uses in the same principal building in the M-5 District; provided, however, that the area of a building occupied by a conditional use and any related accessory uses shall be a physically separate defined area in which any proposed new use of any kind (or any use of any kind existing as of the time when the conditional use permit for such conditional use or any amendment of such permit is approved) shall be allowed only pursuant to and in accordance with the conditional use permit issued for such conditional use under Article XVIII of this chapter.
(3) 
Permitted uses allowed in the M-5 District and their related accessory uses and conditional uses allowed in the M-5 District and their related accessory uses may be located separately or together, and may be conducted separately or together, in the same principal building in the M-5 District; provided, however, that the area of a building occupied by a conditional use and any related accessory uses shall be a physically separate defined area in which any proposed new use of any kind (or any use of any kind existing as of the time when the conditional use permit for such conditional use or any amendment of such permit is approved) shall be allowed only pursuant to and in accordance with the conditional use permit issued for such conditional use under Article XVIII of this chapter.
(4) 
Nonconforming uses existing in the M-5 District as of the effective date of Ordinance No. 13-22 (June 17, 2013) and any related accessory uses existing as of such date may be continued in the same principal building along with other existing agricultural related uses; provided, however, that no nonconforming use and no accessory use to a nonconforming use may be extended or expanded into new areas, and no new accessory use related to such nonconforming use (and no prior accessory use to such nonconforming use that has been discontinued as an actively conducted use for a period of 12 or more consecutive months) may be commenced or recommenced, and further provided that the area of a building occupied by a nonconforming use and any related accessory uses shall be a physically separate defined area in which any proposed new use of any kind shall be prohibited.
H. 
Accessory uses.
(1) 
Except as otherwise specifically provided in this chapter, accessory uses to principal uses allowed in the M-5 District are allowed, subject to Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes, as follows:
(a) 
Accessory uses to principal permitted uses in the M-5 District are allowed.
(b) 
Accessory uses to principal conditional uses allowed in the M-5 District are allowed, but only pursuant to and in accordance with a conditional use permit issued under Article XVIII of this chapter.
(2) 
New proposed accessory uses to nonconforming uses (and any prior accessory uses to a nonconforming use that have been discontinued as actively conducted uses for 12 or more consecutive months) are prohibited.
(3) 
In the event of any issue about whether a particular use is properly an accessory use, the Zoning Administrator shall have authority to decide. The Zoning Administrator shall make written findings to support any such decision.
I. 
Temporary uses. Temporary uses may be allowed in the M-5 District pursuant to § 420-140.1 of this chapter.
J. 
Prohibited uses. Uses that are not specifically allowed in the M-5 District by this chapter as specified in the foregoing sections are prohibited in the M-5 District. However, where a use is proposed for a purpose that is not specifically provided in Chapter 3 of the 2006 IBC and is not specifically listed as a prohibited use in the M-5 District regulations, such uses shall be classified in the group that the occupancy most clearly resembles, according to the firesafety and relative hazard involved. The Zoning Administrator shall make the final determination if the use is allowed within the M-5 District.
K. 
Dimensional standards. Except as specifically provided in this chapter, and without limitations, all uses, sites, buildings and structures in the M-5 District shall comply with the following dimensional standards to the extent applicable.
(1) 
Lot size: two acres minimum, except that the minimum lot size for a freestanding commercial communication structure or a utility substation building shall be as prescribed by § 420-148 of this chapter, and further provided that no minimum lot size shall be applicable to transmission lines.
(2) 
Lot frontage. Lot frontage on a public street: 150 feet minimum; however, for that on a substantial curve or cul-de-sac, the public street frontage may be reduced as necessary to an absolute minimum of 100 feet if all other requirements are satisfied, except that the minimum lot frontage on a public street for a freestanding communication structure or a utility substation building shall be as prescribed by § 420-148 of this chapter, and further provided that no minimum lot frontage on a public street shall be applicable to transmission lines.
(3) 
Open space: 25% minimum.
(4) 
Building standards:
(a) 
Gross floor area. No maximum or minimum building area shall be required in the M-5 District due to the variety of uses within this district and the diverse building demands of each use.
(b) 
Principal building height: 60 feet maximum; however, the height of a principal building or part thereof may be increased to a maximum of 100 feet in height, provided that for every one foot above 60 feet, said principal structure shall be set back an additional 1.5 feet from all property lines.
(c) 
Accessory building height: 30 feet maximum.
(d) 
Setbacks. The following setbacks shall be considered to be minimum setbacks; greater setback may be required by state building codes.
[1] 
Street setback: minimum of 65 feet from arterial streets or highways and a minimum of 40 feet from nonarterial streets or private roads for buildings.
[2] 
Shore setback: 50 feet minimum adjacent to Lake Michigan, 35 feet minimum adjacent to all other navigable waterways.
[3] 
Wetland setback: 25 feet minimum.
[4] 
Side setback: 45 feet minimum for all buildings.
[5] 
Rear setback: 45 feet minimum for all buildings.
[6] 
Separation distance between all buildings: 45 feet minimum.
L. 
Design standards. Except as otherwise specifically provided in this chapter, and without limitation, all uses, sites, buildings and structures in the M-5 District shall comply with the following design standards to the extent applicable:
(1) 
Number of principal structures per lot: no limit.
(2) 
Number of detached accessory buildings: no limit.
(3) 
Fences may be allowed pursuant to § 420-81; however, chain-link fences shall be vinyl-coated and the color shall be black, earth tones or complementary to the color of the building.
(4) 
Dock doors may face a public street; only under special circumstances with an approved screening and maintenance plan as approved by the Plan Commission.
[Amended 3-18-2019 by Ord. No. 19-07]
(5) 
All accessory uses or structures shall be on the same lot or approved site as the principal use.
(6) 
Principal building standards. All facades that are visible to and facing the public street and any portions of the building with office uses shall provide architectural details and elements such as but not limited to varying roof heights, varying fenestration and other appropriate architectural elements. In addition, the office area of the building shall have an appearance of a two-story building.
(7) 
Principal office building standards (for stand-alone corporate, business, professional office buildings where no manufacturing, distribution and/or warehouse activities are conducted in the office building):
(a) 
Each principal office building shall have a minimum of two floors above grade.
(b) 
The gross floor area of a principal office building shall be a minimum of 24,000 square feet, and each of the first two floors above grade shall have a gross floor area of at least 10,000 square feet.
(c) 
The gross floor area for all auxiliary permitted uses within a principal office building shall not exceed 10% of the gross floor area of such building.
(d) 
Height: 30 feet minimum.
(8) 
Site and operational plan requirements pursuant to Article IX of this chapter, except as provided below:
(a) 
Buildings shall comply with the facade design requirements in this subsection. The Village Zoning Administrator shall have the discretion to adjust the minimum glazed area percentages set forth below among various facades of a building so long as all facades, taken together, satisfy the minimum glazed area percentages (for example, any individual facade may be less than the minimum so long as one or more of the other facades exceeds the minimum such that the total glazed area for all facades equals or exceeds the minimum glazed area percentages); provided, however, that the glazing on the sides visible from the public streets or highways outside the district shall not be less than stated minimum percentages.
[1] 
Manufacturing. Portions of the building used for manufacturing or directly related warehousing and/or distribution uses, as defined in Subsection C(3)(b) above, shall have a minimum glazed area (calculated on the basis of all manufacturing or directly related warehousing and/or distribution building facade areas) of 5%.
[2] 
Office building(s). Portions of the building used for business office or research and development uses shall have a minimum glazed area (calculated on the basis of all office or research and development building facade areas) of 25%.
[3] 
Parking garages. Parking garages shall have entry and exit stairwells and lobbies that are visible from the exterior, and any such areas visible from the exterior shall have a minimum glazed area of 25%.
[4] 
Utility substations; utility substation building. Utility substations and utility substation buildings shall have no minimum glazing requirement.
(b) 
Construction materials. Principal buildings, accessory buildings, parking garages and any penthouse areas associated with such building or structure shall comply with the following requirements for construction materials:
[1] 
Glazed area. The following requirements apply to all glazed areas:
[a] 
Glazed areas may be tinted or clear glass. Mirrored glass is prohibited.
[b] 
Anodized or powder-coated aluminum curtain wall systems, storefront systems and accents are allowed.
[c] 
Stainless steel, bronze or brass curtain wall systems. Storefront systems and accents are allowed.
[d] 
Anodized or powder-coated aluminum metal panels or other metal panels are allowed if integral to window wall or curtain wall systems or if used for trim, soffits, canopy, sun protection systems or mechanical penthouses.
[e] 
Door frames. Door frames shall complement window frames in material, finish and color.
[2] 
Nonglazed area. The nonglazed areas of any building in this district shall comply with the standard in § 420-57H(2)(g). Additionally, architectural precast concrete panels, through the application/addition of certain finishing elements (e.g., reveals, relief, and dimension), finish, shape, color or texture shall contribute to the architectural form, style and aesthetics or the structure. Architectural precast concrete may be structural (e.g., load-bearing element) and/or decorative (e.g., building cladding) and may be conventionally reinforced or prestressed. Architectural precast concrete panels shall not result in plain, blank walls.
[3] 
Roofs (architectural features). Section 420-57H(2)(i) shall not apply. Architectural roof features or forms shall be copper or zinc-coated aluminum metal panels or slate or architecturally painted metal panels.
[4] 
Mechanical screening. All mechanical units, ground or roof-mounted, shall be screened from public view by either landscaping or other approved high-quality architectural-grade metal screening or panels as specifically approved by the Plan Commission.
(9) 
Parking, access and traffic requirements pursuant to Article VIII of this chapter.
(10) 
Sign requirements pursuant to Article X of this chapter.
(11) 
Fence requirements pursuant to Article XI of this chapter.
(12) 
Each use, site, building and structure shall be designed, laid out, constructed and maintained in full compliance with the approved site and operational plan, any required conditional use permit, any required license and all other applicable provisions of this chapter and of all other Village ordinances and codes.
M. 
Operational standards. Except as otherwise specifically provided in this chapter, and without limitation, all uses, sites, buildings and structures in the M-5 District shall comply with the following operational standards to the extent applicable:
(1) 
Hours of operation (when the public is allowed to enter or remain on site for business purposes):
(a) 
From 5:00 a.m. to 12:00 midnight maximum for corporate, business and professional office uses, and service or retail uses allowed as auxiliary permitted uses; for any day-care facilities, either for children or adults that are open to the general public, as may be allowed by a conditional use permit.
(b) 
All other uses: no limit.
(2) 
Hours for deliveries, or any other activities outside the principal building (e.g., outside loading or unloading, the arrival of deliveries, idling of delivery trucks, beeping of backing vehicles, and garbage pickup), except for snow removal:
(a) 
6:00 a.m. to 10:00 p.m. maximum for corporate, business and professional office uses, and service or retail uses allowed as auxiliary permitted uses; for any day-care facilities, either for children or adults, as may be allowed by a conditional use permit.
(b) 
All other uses: no limit.
(3) 
Except as otherwise specifically permitted by this chapter under a conditional use granted by the Village, all activities shall be conducted within a building.
(4) 
No on-site residential uses are allowed.
(5) 
Each use, site, building and structure shall comply with all applicable performance standards set forth in § 420-38 of this chapter.
(6) 
Each site, building and structure shall be maintained in a neat, presentable, aesthetically pleasing, structurally sound and nonhazardous condition. All litter and debris shall be promptly removed.
(7) 
Each use, site, building and structure shall be operated in full compliance with the approved site and operational plan, any required conditional use permit, any required license and all other applicable provisions of this chapter and of all other Village ordinances and codes.
N. 
Authorized sanitary sewer system. See § 420-32 of this chapter.
O. 
Authorized water supply system. See § 420-33 of this chapter.
[Amended 3-3-2008 by Ord. No. 08-11]
A. 
Purpose and characteristics. The I-1 Institutional District is intended to provide for areas which are under private or public ownership and where the uses in those areas for public purposes or institutional purposes, whether public or private, are anticipated to serve the needs of the community. No such district shall be established unless it is in compliance with duly adopted or amended comprehensive, neighborhood and conceptual plans.
B. 
Permitted uses. The following listed principal uses, and certain unspecified principal uses approved pursuant to Subsection C below, are allowed as permitted uses in the I-1 District, subject to the requirements of Article IX of this chapter and all other applicable provisions of this chapter and other Village ordinances and codes:
(1) 
Administrative offices for public or private schools, colleges, universities, or technology academies.
(2) 
Health services, including offices of state-licensed health practitioners such as doctors, dentists or chiropractors, medical and dental laboratories, outpatient care facilities and other health and allied services operated by state-licensed health practitioners.
(3) 
Hospice facilities.
(4) 
Hospitals.
(5) 
Financial institutions with or without a drive-through facility.
(6) 
Libraries, museums and art galleries.
(7) 
Nursing homes.
(8) 
Office or clinic uses such as accounting; architectural; dental; engineering; financial services; information services; insurance; legal; medical (but no ambulance service); or real estate.
(9) 
Post offices and postal stores.
(10) 
Public administrative offices and public service buildings, including fire and police stations, community centers, public emergency shelters, weigh stations and welcome centers.
(11) 
Public or private community development organizations.
(12) 
Public or private schools, colleges, universities, technology academies.
(13) 
Public utility offices.
(14) 
Retail sale of religious affiliated merchandise.
(15) 
Stormwater retention and detention facilities.
(16) 
Water storage tanks, towers and reservoirs and related appurtenances.
(17) 
The retail sale of any of the following goods or products is a permitted use in the I-1 District, provided that the retail area is less than 2,000 square feet and that the retail use was in operation as of April 21, 2008, and further provided that the retail use does not cease its operations for more than 12 consecutive months: antiques; apparel; art; art supplies; audio recordings; bakery goods; books; candy; cameras and photographic supplies; cards; cosmetics; eyeglasses and related products; fabric; flowers; frames; gifts; glassware; groceries (without alcoholic beverages as package goods in a grocery store or convenience store); hardware; hobby and craft supplies; ice cream; jewelry; novelties; musical instruments and accessories; newspapers and magazines; office supplies; prepared food not for consumption on the premises; shoes and accessories; souvenirs; sundries; telephones; toys; and video recordings.
[Added 4-21-2008 by Ord. No. 08-21]
(18) 
Commercial communication structures (as a principal or accessory use per § 420-89).
[Added 4-7-2014 by Ord. No. 14-08]
C. 
Unspecified permitted uses. The Zoning Administrator shall have authority to approve as a permitted use in the I-1 District a proposed principal use not listed in Subsection B above if the proposed use is similar in character to one or more of the listed permitted uses in the I-1 District and is free of potential problems requiring special regulation. The Zoning Administrator shall make written findings supporting any such decision. Any use so approved shall be subject to all requirements of Subsection B above. Notwithstanding the foregoing authorization, and without limitation, the following uses shall not be construed to be permitted uses in the I-1 District:
(1) 
Any listed permitted use in the B-1, B-2, B-3, B-4 or B-5 District that is not listed in Subsection B above.
(2) 
Any listed conditional use in the I-1, B-1, B-2, B-3, B-4 or B-5 District.
(3) 
Any listed unspecified permitted use listed in the B-1, B-2, B-3, B-4, or B-5 District that is not listed in Subsection B above.
(4) 
Adult-oriented uses, including, without limitation, an adult bookstore, adult cabaret, adult club, adult dry cabaret, adult movie theater, adult video rental store, adult video store or adult viewing facility.
D. 
Conditional uses. The following listed uses may be permitted as conditional uses in the I-1 District (as principal uses or accessory uses, as appropriate) pursuant to and in accordance with Article XVIII of this chapter, subject to the requirements of Article IX and all other applicable provisions of this chapter and other Village ordinances and codes:
(1) 
Airport, heliport pads, aircraft hangars for storage and equipment maintenance, and aircraft sales and service. [See also § 420-148B(2).]
(2) 
Auditoriums, gymnasiums, arenas and stadiums (as a principal use).
(3) 
Bus terminals. [See also § 420-148B(12).]
(4) 
Cemeteries. [See also § 420-148B(14).]
(5) 
Day-care facilities, either for children or adults.
(6) 
Dormitories related to churches, schools, universities or colleges.
(7) 
Funeral home, with or without a crematorium.
(8) 
Mausoleums.
(9) 
Municipal composting and recycling facilities.
(10) 
Municipal landfills.
(11) 
Penal, reform, disciplinary and mental health institutions. [See also § 420-148B(77).]
(12) 
Railroad depots. [See also § 420-148B(86).]
(13) 
Religious institutions, including churches, convents, seminaries, rectories, parsonages, parish houses and residential quarters for clergy.
(14) 
Sanitariums.
(15) 
Shelters and food pantry facilities.
(16) 
Televisions and radio stations.
(17) 
Temporary classroom structures. [See also § 420-148B(115).]
(18) 
Veterinarian emergency service offices. [See also § 420-148B(120.1)].
(19) 
Veterinarian offices.
(20) 
Wind energy conversion systems. [See also § 420-148B(123).]
(21) 
Miscellaneous uses. The following miscellaneous uses may be permitted as conditional uses in the I-1 District:
(a) 
(Reserved)[1]
[1]
Editor’s Note: Former Subsection D(21)(a), concerning commercial communication antennas and like devices, was repealed 4-7-2014 by Ord. No. 14-08.
(b) 
Electric power substation or gas-metering substation.
(c) 
Outside storage or display of merchandise.[2]
[Added 3-7-2016 by Ord. No. 16-02]
[2]
Editor’s Note: Former Subsection D(21)(c), concerning freestanding commercial communication structures, was repealed 4-7-2014 by Ord. No. 14-08.
(d) 
Transmission lines (electric power or natural gas).
(e) 
Utility substations and utility substation buildings.
[Amended 3-15-2010 by Ord. No. 10-22]
E. 
Special licensed uses. Uses requiring a license by the Village Board (including nonconforming uses) may only be conducted pursuant to and in accordance with such a license. The granting of a Village license by the Village Board is not assured either by permitted use status or by the granting of a conditional use permit or of any other permit or approval under this chapter.
F. 
Combination of uses. Except as otherwise specifically provided in this section, two or more principal uses and their related accessory uses may be located and conducted in the same principal building in the I-1 District, subject to Article IX and all other applicable provisions of this chapter and of other Village ordinances and codes, in accordance with each of the following restrictions to the extent such restrictions are applicable:
(1) 
Permitted uses allowed in the I-1 District and their related accessory uses may be located separately or together, and may be conducted separately or together, with other such permitted uses and their related accessory uses in the same principal building in the I-1 District.
(2) 
Conditional uses allowed in the I-1 District and their related accessory uses may be located separately or together, and may be conducted separately or together, with other such conditional uses and their related accessory uses in the same principal building in the I-1 District; provided, however, that the area of a building occupied by a conditional use and any related accessory uses shall be a physically separate defined area in which any proposed new use of any kind (or any use of any kind existing as of the time when the conditional use permit for such conditional use or any amendment of such permit is approved) shall be allowed only pursuant to and in accordance with the conditional use permit issued for such conditional use under Article XVIII of this chapter.
(3) 
Permitted uses allowed in the I-1 District and their related accessory uses and conditional uses allowed in the I-1 District and their related accessory uses may be located separately or together, and may be conducted separately or together, in the same principal building in the I-1 District; provided, however, that the area of a building occupied by a conditional use and any related accessory uses shall be a physically separate defined area in which any other use or any proposed new use of any kind (or any use of any kind existing as of the time when the conditional use permit for such conditional use or any amendment of such permit is approved) shall be allowed only pursuant to and in accordance with the conditional use permit issued for such conditional use under Article XVIII of this chapter.
(4) 
Nonconforming uses existing in the I-1 District as of the effective date of Ordinance No. 08-11 (March 3, 2008), and any related accessory uses as of such date, may be continued in the same principal building with other uses; provided, however, that no nonconforming use and no accessory use to a nonconforming use may be extended or expanded into new areas, and no new accessory use related to such nonconforming use (and no prior accessory use to such nonconforming use that has been discontinued as an actively conducted use for a period of 12 or more consecutive months) may be commenced or recommenced, and further provided that the area of a building occupied by a nonconforming use and any related accessory uses shall be a physically separate defined area in which any proposed new use of any kind shall be prohibited.
G. 
Accessory uses.
(1) 
Except as otherwise specifically provided in this chapter, accessory uses to principal uses allowed in the I-1 District are allowed, subject to Article IX and all other applicable provisions of this chapter and other Village ordinances and codes, as follows:
(a) 
Accessory uses to principal permitted uses in the I-1 District are allowed.
(b) 
Accessory uses to principal conditional uses allowed in the I-1 District are allowed, but only pursuant to and in accordance with a conditional use permit issued under Article XVIII of this chapter.
(2) 
In the event of any issue about whether a particular use is properly an accessory use, the Zoning Administrator shall have authority to decide. The Zoning Administrator shall make written findings to support any such decision.
(3) 
New proposed accessory uses to nonconforming uses (and any prior accessory uses to a nonconforming use that have been discontinued as actively conducted uses for 12 or more consecutive months) are prohibited.
H. 
Prohibited uses. Uses that are not specifically allowed in the I-1 District by this chapter are prohibited in the I-1 District.
I. 
Dimensional standards. Except as otherwise specifically provided in this chapter, and without limitation, all uses, sites, buildings and structures in the I-1 District shall comply with the following dimensional standards to the extent applicable:
(1) 
Lot size: one acre minimum, except as provided below:
(a) 
The lot size for a water storage tank, tower and reservoirs; freestanding commercial communications structure; utility substation; or a utility substation building shall be large enough to accommodate the required setback and open space requirements.
[Amended 3-15-2010 by Ord. No. 10-22]
(b) 
There is no minimum lot size for transmission lines.
(2) 
Lot frontage on a public street: 150 feet minimum; provided, however, that on a substantial curve, the public street frontage may be reduced as necessary to an absolute minimum of 100 feet if all other requirements are satisfied, except as provided below:
(a) 
The minimum lot frontage on a public street for a water storage tank, freestanding commercial communications structure or a utility substation shall be a minimum of 50 feet.
(b) 
No lot frontage on a public street is required for transmission lines.
(3) 
Open space: 30% minimum.