A.
Jurisdiction. The jurisdiction of this chapter shall include all
lands and water within the corporate limits of the Village.
B.
Compliance. No structure, land or water shall hereafter be used and
no structure or part thereof shall hereafter be located, erected,
moved, reconstructed, extended, enlarged, converted or structurally
altered without full compliance with the provisions of this chapter
and all other applicable Village, county and state regulations.
The following use restrictions and regulations shall apply:
A.
Principal uses. Only those principal uses specified for a district
and their essential services shall be permitted in that district.
Unclassified or unspecified uses may be permitted by the Village Board
after the Plan Commission has made a review and recommendation, provided
that such uses are similar in character to the principal uses permitted
in the district.
B.
Performance standards. Performance standards listed in Article VIII shall be complied with by all uses in all districts.
C.
Conditional uses.
(1)
Classes of conditional uses. Conditional uses may be denominated
either "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 Plan Commission in accordance with Article IV of this chapter, excepting those existent at the 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 Plan Commission 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 conditional use shall require review, public hearing and approval by the Plan Commission and Village Board in accordance with Article IV.
(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 Plan Commission in accordance with Article IV.
(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 provision
would then control), 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 Plan Commission or existent at the time of adoption of this chapter, shall be nonlapsing, shall survive vacancies and change of ownership of the properties where located and shall be subject to substitution with other conditional use(s) of the same or similar type without Plan Commission approval. Change to conditional use of other than the same or similar type shall require procedures and approval in accordance with Article IV.
(4)
Specific limited conditional use provisions. Provisions applicable
specifically to limited conditional uses:
(a)
Limited conditional uses authorized by Plan Commission resolution
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.
No lot, yard, parking area, building area or other space shall
be reduced in area or dimension so as not to meet the provisions of
this chapter. No part of any lot, yard, parking area or other space
required for a structure or use shall be used for any other structure
or use.
A.
Site suitability. No land shall be used or structure erected where
the land is held unsuitable for such use or structure by the Village
Board and Plan Commission by reason of flooding, concentrated runoff,
inadequate drainage, adverse soil or rock formation, unfavorable topography,
low percolation rate or bearing strength, erosion susceptibility,
or any other feature likely to be harmful to the health, safety, prosperity,
aesthetics and general welfare of this community. The Plan Commission,
in applying the provisions of 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 the applicant
so desires. Thereafter, the Plan Commission may affirm, modify, or
withdraw its determination of unsuitability when making its recommendation
to the Village Board.
B.
Street frontage. All lots shall abut upon a public street or other
officially approved means of access, and each lot shall have a minimum
frontage of 25 feet; however, to be buildable, the lot shall comply
with the frontage requirements of the zoning district in which it
is located. On corner lots, the side yards adjacent to the street
shall be not less than 20 feet.
C.
Principal structures. All principal structures shall be located on
a lot. Only one principal structure shall be located, erected or moved
onto a lot. The Village Board may permit as a conditional use more
than one principal structure per lot in any district where more than
one such structure is needed for the orderly development of the parcel.
Where additional structures are permitted, the Village Board, subject
to the recommendation of the Plan Commission, may impose additional
yard requirements, landscaping requirements or parking requirements
or require a minimum separation distance between principal structures.
D.
Dedicated street. No zoning permit shall be issued for a lot which
abuts a public street dedicated to only a portion of its proposed
width and located on that side thereof from which the required dedication
has not been secured.
E.
Lots abutting more restrictive districts. Lots abutting more restrictive
district boundaries shall provide side and rear yards not less than
those required in the more restrictive abutting district. This does
not apply to adjacent residential districts. The street yard setbacks
in the less restrictive district shall be modified for a distance
of not less than 60 feet from the more restrictive district boundary
line so that such street yard setbacks shall be no less than the average
of the street yards required in both districts.
F.
Preservation of topography. In order to protect the property owner
from possible damage due to change in the existing grade of adjoining
lands, and to aid in preserving and protecting the natural beauty
and character of the landscape, no change in the existing topography
of any land shall be made which would result in increasing any portion
of the slope to a ratio greater than 1 1/2 horizontal to one vertical,
within a distance of 20 feet from the property line, except with the
written consent of the owner of the abutting property and with the
approval of the Plan Commission, or which would alter the existing
drainage or topography in any way as to adversely affect the adjoining
property. In no case shall any slope exceed the normal angle of slippage
of the material involved, and all slopes shall be protected against
erosion.
G.
Decks. For purposes of this chapter, decks shall be considered a
part of a building or structure.
H.
Lots abutting two streets. Where a lot abuts on two or more streets
or alleys having different average established grades, the higher
of such grades shall control only for a depth of 120 feet from the
line of the higher average established grade.
I.
Double frontage lots. Buildings on through lots and extending from
street to street may have waived the requirements for a rear yard
by furnishing an equivalent open space on the same lot in lieu of
the required rear yard, provided that the setback requirements on
both streets are complied with.[1]
J.
Preexisting lots. Where a lot has an area less than the minimum number
of square feet per family required for the district in which it is
located and was of record as such at the time of the passage of this
chapter, such lot may be occupied by one family.
