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.
[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:
(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.