The provisions of this chapter shall be subject to such exceptions, additions or modifications as herein provided by the following supplementary regulations.
A. 
Uses.
(1) 
Accessory uses. No part of an accessory structure in a side yard shall be in front of the front building line of the principal building, and said accessory structure shall have a side yard not less than required for the principal building. An accessory structure in the rear yard, to the rear of the rear line of the principal building, shall not be closer to the side or the rear property line than three feet, except for a lot in the R-2 District existing at the time of the enactment of this chapter, where it appears to be a practical difficulty to erect and use an accessory structure not closer to the side or rear property line than three feet, the Building Inspector may vary the location of such accessory building so as to permit the erection of such accessory building not closer than one foot to a side or rear property line.
(2) 
Reduction of lot size. No lot on which a structure existed at the date of the enactment of this chapter shall be reduced in width or area so that any required open space will be less than prescribed in the regulations pertaining to the district in which said lot is located. The limitations imposed by this chapter, however, shall not prohibit the issuance of a permit for the erection of buildings or structures on any lot having at the time of the enactment of the chapter, a width or area smaller than required under this chapter. When the requirements for width or depth of yards are not met and undue hardship is imposed by regulations applicable to such existing lots, the Board of Appeals shall vary the application to conform the case as nearly as practicable to the intent and purposes of the chapter. For the purpose of this chapter, when two or more vacant lots are in a single ownership, they shall be construed as being a single lot.
The lawful use of any building or land existing at the time of the enactment of this chapter may be continued although such use does not conform with the provisions of this chapter.
A. 
Restoration. No building damaged by fire or other causes to the extent of more than 75% of its full value, computed on the last preceding Village assessment roll, shall be repaired or rebuilt except in conformity with the regulations of this chapter.
B. 
Cessation. Notwithstanding any other provisions of this chapter, any automobile wrecking yard or other junkyard in existence in any Residential District at the date of enactment of this chapter shall at the expiration of two years from such date become a prohibited and unlawful use and shall be discontinued.
C. 
Changes. Once changed to a conforming use, no building or land shall be permitted to revert to a nonconforming use. A nonconforming use may be changed to a use of the same or higher classification, and when so changed to a higher classification, such use thereafter shall not be changed to a lower classification.
D. 
Extension. A nonconforming use shall not be extended, but the extension of a lawful use to any portion of the nonconforming building which existed prior to the enactment of this chapter shall not be deemed the extension of such nonconforming use.
E. 
Alterations. A nonconforming building may not be reconstructed or structurally altered during its life to an extent exceeding an aggregate cost 40% of the assessed value of the building unless said building is changed to a conforming use.
F. 
Dismantled vehicles. When two or more abandoned or dismantled vehicles are allowed to remain on a premises for a period of 30 days, such act shall be considered a use of said premises for industrial purposes and a violation of this chapter, except when said vehicles are located in an industrial district and the provisions pertaining to industrial uses are complied with.
G. 
House trailers, house cars or similar vehicles. The use of house trailers, house cars or other similar vehicles for residence purposes is prohibited in all use districts, except as provided for in the F-1 Industrial District.
H. 
Size of rooms. A permit shall not be issued for the construction or placing of a building or structure to be used for residence purposes unless said building or structure shall have at least one living room which shall have at least 132 square feet of floor space. Such living room shall be at least eight feet in its horizontal dimension.
I. 
Cellars. It shall be unlawful to occupy all or any part of a cellar for sleeping purposes.
[1]
Editor's Note: Former § 200-13, Special use permits, added 6-20-1988 by L.L. No. 1-1988, as amended, was repealed 5-16-2005 by L.L. No. 1-2005.
[Added 4-15-2002 by L.L. No. 3-2002]
A. 
When required; exceptions. Site plan review and approval shall be required for all uses, buildings and structures requiring a building permit prior to the issuance of a building permit or certificate of occupancy. This section shall not apply to one- or two-family dwellings and their permitted accessory structures and uses.
B. 
Procedure for review and approval. Where site plan review is required, the enforcement officer of this chapter shall refer the application, site plan and supporting data to the Village Board. The Board shall review the application, site plan and supporting data and, at a regular meeting of the Board, after determining that all requirements have been met, shall approve, approve with modification or disapprove the site plan. Approval of any site plans so deemed shall remain in effect for a period of not more than one year unless a successful application for a building permit has been made within that period or an extension has been granted by the Board.
C. 
Submission of site plan and supporting data. The property owner or his agent shall submit five copies of a site plan and supporting data prepared by and bearing the official seal and signature of a licensed architect, landscape architect, civil engineer or land surveyor, which shall include the following information, presented in drawn form at a scale approved by the enforcement officer of this chapter and accompanied by a written text:
(1) 
Survey of the property, showing existing topographic features, including contours, large trees, buildings, structures, streets, property lines, utility easements, rights-of-way and land use, and the zoning and ownership of surrounding property.
(2) 
A site plan showing proposed lots, blocks, building locations and land use areas.
(3) 
Traffic circulation, parking and loading spaces and pedestrian walks.
(4) 
Landscaping plans, including site grading, drainage, existing and proposed landscape materials, including trees and shrubs, and their locations, identification of those materials to be removed, existing and proposed structures and all greenspace areas designed as part of the site environment. Natural site features and vegetation shall he preserved and integrated into the proposed site wherever feasible.
(5) 
Preliminary engineering plans, including street improvements, storm drainage system, public utility extensions, water supply, sanitary sewer facilities, outdoor lighting and the location of existing and proposed fire hydrants.
(6) 
Preliminary architectural drawings for buildings to he constructed.
(7) 
Construction sequence and time schedule for completion of each phase for buildings, parking spaces and landscaped areas.
(8) 
In addition to the required site plan and supporting data indicated above, the Village Board may require a property owner or his agent to provide additional supporting data or plans the Board deems necessary and pertinent to carry out its responsibility for site plan review as provided in this chapter.
D. 
Criteria for review recommendations.
(1) 
The Village Board shall review the site plan and supporting data and take into consideration the following:
(a) 
Harmonious relationship between proposed uses and existing uses.
(b) 
Maximum safety of vehicular circulation between the site and street network.
(c) 
Adequacy of interior and exterior traffic circulation and parking and loading facilities, with particular attention to vehicular and pedestrian safety.
(d) 
Adequacy of landscaping and setbacks in regard to achieving maximum compatibility with and protection of adjacent property and land uses.
(e) 
Aesthetic considerations.
(f) 
Compliance with other Village laws and ordinances.
(g) 
Density of improvements of the site.
(2) 
Should changes or additional facilities be required by the Village Board, approval of the site plan shall be conditional upon satisfactory compliance by the property owner with the changes or additions. The Board may withhold approval until required site plan changes have been made and filed.
(3) 
In cases where any action of the Zoning Board of Appeals is required, the site plan shall be the subject of a preliminary review by the Village Board, in accordance with the review procedure set forth above, before action is taken by the Zoning Board of Appeals. After such action by the Zoning Board of Appeals, the Village Board shall conduct a final review of the site plan.
(4) 
The Village Board may take the following actions with respect to a submitted site plan:
(a) 
Approve; or
(b) 
Approve with modifications; or
(c) 
Deter action until required modifications have been presented.
E. 
Required improvements. In furtherance of the purposes of this section and to assure public safety and general welfare, the Village Board shall require the following improvements:
(1) 
The designation of pedestrian walkways or sidewalks for the safe and convenient movements of patrons from store to store within the site and with adjoining sites.
(2) 
The dedication of rights-of-way and easements for all facilities to be publicly maintained for the full frontage of the lot or parcel prior to the issuance of any certificate of occupancy.
(3) 
The construction of all off-site curbs, gutters, sidewalks and road widening or construction as necessary to satisfy the criteria as set forth in Subsection D.
(4) 
The construction of curbs, gutters and drives which will permit vehicular travel on the site and connection to end from adjacent parking areas and properties.
(5) 
Screening, fencing, walls, berms and screen plantings adequate to screen views in accordance with requirements of this section for adjacent prospective, contrasting development of less intensity and state highways of limited. access. Designated plantings and landscaping shall be in accordance with the approved schedule and annually maintained by the property owner.
(6) 
Adequate sewer, water and stormwater drainage facilities in accordance with Village regulations, including lines, connections, retention facilities, valves, hydrants and other facilities.
F. 
Performance bond as condition of approval. The Village Board may require, as a condition of site plan approval, that the property owner file a performance bond, in such amount as determined by the Village Engineer, to insure that the proposed development will be built in compliance with accepted plans.
G. 
Site plan revisions. A property owner wishing to make any changes in an approved site plan shall submit a revised site plan to the Village Board for review and approval.