A. 
Jurisdiction. The jurisdiction of this chapter shall apply to all structures, lands, water and air within the corporate limits of the Village of Kimberly.
B. 
Compliance. No new structure, new use of land, water or air or change in the use of land, water or air shall hereafter be permitted and no structure or part thereof shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted or structurally altered without a zoning permit and without full compliance with the provisions of this chapter and all other applicable local, county and state regulations.
C. 
District regulations to be complied with. Except as otherwise provided, the use and height of buildings hereafter erected, converted, moved, enlarged or structurally altered and the use of any land shall be in compliance with the regulations established herein for the district in which such building or land is located.[1]
[1]
Editor's Note: Original subsections (d) and (e), which immediately followed this subsection, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See now § 525-10B and D, respectively, for the provisions contained in those subsections.
Only the following uses and their essential services may be allowed in any district:
A. 
Permitted uses. Permitted uses, being the principal uses specified for a district.
B. 
Accessory uses. Accessory uses and structures, as specified, are permitted in any district but not until their principal structure is present or under construction.
C. 
Conditional uses.
(1) 
Classes of conditional uses. Conditional uses may be either denominated "regular" or "limited."
(2) 
General conditional use provisions. Provisions applicable to conditional uses generally:
(a) 
Conditional uses and their accessory uses are considered as special uses, requiring, for their authorization, review, public hearing and approval by the Village Board, upon the recommendation of the Plan Commission, in accordance with Article V of this chapter, excepting those existent at time of adoption of this chapter.
(b) 
Those existing uses which are classified as "conditional uses" for the district(s) in which they are located at the time of adoption of this chapter require no action by the Village Board for them to continue as valid conditional uses, and the same shall be deemed to be "regular" conditional uses.
(c) 
Proposed change from permitted use in a district to a conditional use shall require review, public hearing and approval by the Village Board, upon the recommendation of the Plan Commission, in accordance with Article V of this chapter.
(d) 
Conditional use(s), when replaced by permitted use(s), shall terminate. In such case(s) the reestablishment of any previous conditional use(s) or establishment of new conditional use(s) shall require review, public hearing and approval by the Village Board, upon the recommendation of the Plan Commission, in accordance with Article V of this chapter.
(e) 
Provisions in this chapter relating generally to conditional uses shall, except when in conflict with specific provisions relating to either regular or limited conditional uses (which specific provisions would then control), shall be deemed to be applicable to both regular and limited conditional uses.
(3) 
Specific regular conditional use provisions. Provisions applicable specifically to regular conditional uses:
(a) 
Regular conditional uses, either allowed by action of the Village Board, upon the recommendation of the Plan Commission, or existent at time of adoption of this chapter, shall be nonlapsing, shall survive vacancies and change of ownership of the properties where located and be subject to substitution with other conditional use(s) of same or similar type without Village Board approval. Change to conditional use of other than same or similar type shall require procedures and approval in accordance with Article V.
(b) 
See Subsection C(2)(a) above as to conditional uses existent at time of adoption of this chapter being deemed to be regular conditional uses.
(4) 
Specific limited conditional use provisions. Provisions applicable specifically to limited conditional uses:
(a) 
Limited conditional uses authorized by Village Board, upon the recommendation of the Plan Commission, shall be established for a period of time to a time certain or until a future happening or event at which the same shall terminate.
(b) 
Limited conditional uses authorized by the Village Board, upon the recommendation of the Plan Commission, shall not be subject to substitution with other conditional uses, either regular or limited, whether similar type or not, without Village Board approval and the procedures required in Article V of this chapter.
D. 
Uses not specified.
(1) 
Uses not specified in this chapter which are found by the Village Board, upon the recommendation of the Plan Commission, to be sufficiently similar to specified permitted uses for a district shall be allowed by the Zoning Administrator.
(2) 
Uses not specified in this chapter and which are found sufficiently similar to specified conditional uses permitted for a district may be permitted by the Village Board, upon the recommendation of the Plan Commission, after public hearing and approval in accordance with Article V of this chapter.
A. 
Street frontage. To be buildable, a lot shall comply with the frontage requirements of the zoning district in which it is located.
B. 
Principal structures. All principal structures shall be located on a lot. Only one principal structure shall be located, erected or moved onto a lot. The Village Board may permit as a conditional use more than one principal structure per lot in any district where more than one such structure is needed for the orderly development of the parcel. Where additional structures are permitted, the Village Board may impose additional yard requirements, landscaping requirements or parking requirements, or require a minimum separation distance between principal structures.
C. 
Dedicated street. Zoning permits shall only be issued for a lot which abuts a public street dedicated to its proposed width.
D. 
Lots abutting more restrictive district. Lots abutting more restrictive district boundaries shall provide side and rear yards not less than those required in the more restrictive abutting district. The front yard setbacks in the less restrictive district shall be modified for a distance of not less than 60 feet from the more restrictive district boundary line so such front yard setbacks shall be no less than the average of the front yards required in both districts.
E. 
Site suitability. No land shall be used or structure erected where the land is held unsuitable for such use or structure by the Village Board, upon the recommendation of the Plan Commission, by reason of flooding, concentrated runoff, inadequate drainage, adverse soil or rock formation, unfavorable topography, low percolation rate or bearing strength, erosion susceptibility or any other feature likely to be harmful to the health, safety, prosperity, aesthetics and general welfare of this community. The Plan Commission, in applying the provisions of the subsection, shall, in writing, recite the particular facts upon which it bases its conclusion that the land is not suitable for certain uses. The applicant shall have an opportunity to present evidence contesting such unsuitability if he so desires. Thereafter, the Plan Commission may affirm, modify or withdraw its determination of unsuitability when making its recommendation to the Village Board.
F. 
Preservation of topography. In order to protect the property owner from possible damage due to change in the existing grade of adjoining lands and to aid in preserving and protecting the natural beauty and character of the landscape, no change in the existing topography of any land shall be made which would result in increasing any portion of the slope to a ratio greater than 1 1/2 horizontal to one vertical within a distance of 20 feet from the property line, except with the written consent of the owner of the abutting property and with the approval of the Plan Commission, or which would alter the existing drainage or topography in any way as to adversely affect the adjoining property. In no case shall any slope exceed the normal angle of slippage of the material involved, and all slopes shall be protected against erosion.
G. 
Decks, porches, and patios. For purposes of this chapter, decks, porches, and patios attached to or abutting a building or structure shall be considered a part of a building or structure.
[Amended 11-11-2019 by Ord. No. 8-2019]
A. 
Height. The district height limitations stipulated elsewhere in this chapter may be exceeded, but such modification shall be in accord with the following:
(1) 
Architectural projections, such as spires, belfries, parapet walls, cupolas, domes, flues and chimneys, are exempt from the height limitations of this chapter.
(2) 
Special structures, such as elevator penthouses, gas tanks, grain elevators, radio and television receiving antennas, manufacturing equipment and necessary mechanical appurtenances, cooling towers, fire towers, substations, smokestacks and flagpoles are exempt from the height limitations of this chapter.
(3) 
Essential services, utilities, water towers, electric power and communication transmission lines are exempt from the height limitations of this chapter.
(4) 
Communication structures, such as radio and television transmission and relay towers, aerials and observation towers, shall not exceed in height three times their distance from the nearest lot line.
(5) 
Agricultural structures, such as barns, silos and windmills, shall not exceed in height twice their distance from the nearest lot line.
(6) 
Public or semipublic facilities, such as schools, churches, hospitals, monuments, sanitariums, libraries, governmental offices and stations, may be erected to a height of 60 feet, provided all required yards are increased not less than one foot for each foot the structure exceeds the district's maximum height requirement.
B. 
Yards. The yard requirements stipulated elsewhere in this chapter may be modified as follows:
(1) 
Uncovered stairs, landings and fire escapes may project into any yard but not to exceed six feet and not closer than three feet to any lot line.
(2) 
Architectural projections, such as chimneys, flues, sills, eaves, belt courses and ornaments, may project into any required yard, but such projection shall not exceed two feet.
(3) 
Essential services, utility electric power and communication transmission lines are exempt from the yard and distance requirements of this chapter.
(4) 
Landscaping and vegetation are exempt from the yard requirements of this chapter, with the exception that any landscaping or vegetation shall be subject to the restrictions in § 525-62.
(5) 
Uncovered patios and decks attached to or abutting a single- or two-family dwelling, not exceeding 12 inches above established grade, may project within three feet of the adjacent side lot lines and 10 feet of the adjacent rear lot line. For the purpose of this subsection, temporary or seasonal structures erected for 180 days or less per calendar year shall not be considered a patio or deck covering.
[Added 2-21-2022 by Ord. No. 4-2022]
No lot, yard, parking area, building area or other space shall be reduced in area or dimensions so as not to meet the provisions of this chapter. No part of any lot, yard, parking area or other space required for a structure or use shall be used for any other structure or use.
Where screens or buffers are required by this chapter or the Plan Commission to reduce the impact of proposed uses on adjacent properties, the following standards shall be followed. Buffer yards and screens may be required jointly or separately.
A. 
Buffer yards. Buffer yards are horizontal separations along lot lines that are intended to increase the physical separation between incompatible uses. The width of the required buffer yard shall be determined by the Plan Commission or Zoning Administrator. The minimum width shall be 10 feet.
B. 
Screens. Screens are barriers located in a limited space (10 feet or less) intended to perform a buffering effect, particularly for noise reduction or visual screening. Screens may consist of existing or planted vegetation, fences, walls, earth berms or similar techniques. Plant screens shall be sufficient to provide a year-round screen within three years of installation. Walls or earth berms shall be required where noise reduction is necessary. Screen plantings shall be permanently maintained by the owner of the property, and any plant materials which do not live shall be replaced within six months.