A. 
Jurisdiction. The jurisdiction of this chapter shall apply to all structures, lands, water and air within the corporate limits of the Village of Orfordville.
B. 
Compliance.
(1) 
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.
(2) 
All buildings erected hereafter, all uses of land or buildings established hereafter, all structural alteration or relocation of existing buildings occurring hereafter, and all enlargements of, or additions to, existing uses occurring hereafter shall be subject to all regulations of this chapter which are applicable to the zoning districts in which such buildings, uses or land shall be located.
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.
D. 
Number of residential buildings on a zoning lot. Except in the case of planned residential developments, not more than one principal detached residential building shall be located on a zoning lot, nor shall a principal detached residential building be located on the same zoning lot with any other principal building.[1]
[1]
Editor's Note: Original § 13-1-20(e), Lots abutting more restrictive district, which immediately followed this subsection, was repealed 5-10-2004 by Ord. No. O-2004-01.
E. 
Foundation required. Any residential dwelling, including but not limited to single-family dwellings, two-family dwellings, multifamily dwellings, and mobile homes, shall be set on a basement or masonry foundation system approved of by the Village Zoning Administrator.[2]
[Added 4-28-2003]
[2]
Editor's Note: Throughout this chapter, references to the "Building Inspector" were amended to read "Zoning Administrator" 5-10-2004 by Ord. No. 0-2004-01.
F. 
Planned residential developments.
[Added 1-28-2013]
(1) 
Definition and explanation.
(a) 
A planned residential development (PRD) is a development containing residential lots or units with some or all of the parcels reduced below the minimum lot sizes required by the zoning district. Projects are planned to achieve a coordinated, functional and unified development pattern. A PRD allows greater flexibility in project layout while assuring that the character of the underlying district is maintained.
(b) 
A planned residential development may be allowed at the discretion of the Village Board following a recommendation of the Planning Commission in any residential zone. An application for approval of a PRD is a request by the applicant for additional density and flexibility than that allowed by the underlying zoning.
(c) 
The intention of this Subsection F to allow and encourage a flexible, efficient and imaginative development pattern. Planned residential developments can:
[1] 
Provide flexible development options where a standard lot pattern is not practical or desirable due to physical constraints.
[2] 
Promote attractive architectural design, creative lot configuration, provide open spaces, and ensure efficient delivery of services.
[3] 
Promote usable public and private recreation areas, parks, trails and open space with assurance of maintenance.
[4] 
Reduce development costs and ongoing maintenance costs.
(2) 
Application.
(a) 
An applicant may apply for approval of a planned residential development in any of the following zoning districts:
[1] 
R-1 Single-Family Residential District.
[2] 
R-2 One- and Two-Family Residential District.
[3] 
R-3 Multiple-Family Residential District.
(b) 
The application shall contain the following:
[1] 
A statement as to how the proposed planned residential district conforms to the purposes and objectives of this Subsection F.
[2] 
Information as necessary to justify any proposed modification of an existing residential use.
[3] 
A site plan showing the proposed PRD.
(c) 
The Village Board shall establish a fee for the application.
(3) 
Waiver of certain requirements. The Village Board may waive any, or all, of the following in a planned residential district:
(a) 
Minimum front yard, rear yard and side yard setback requirements.
(b) 
Minimum lot area per family.
(c) 
Minimum lot width per family.
(d) 
Minimum floor area per family.
(4) 
Factors to consider. The Planning Commission and Village Board shall consider the following factors in determining whether to approve a planned residential development:
(a) 
The proposed development site plan is designed in its space allocation, proportions, orientation, materials, landscaping and other features as to produce a stable and desirable character, complementary and integral with the site's natural features;
(b) 
The overall design and residential amenities are such as to warrant special consideration for modification of existing standards elsewhere in the Zoning Chapter;
(c) 
The proposed development is consistent with all municipal comprehensive plans and objectives;
(d) 
The natural integrity of environmentally sensitive areas will be enhanced;
(e) 
Scenic vistas will be preserved; and
(f) 
Existing recreational activities will be preserved and protected from redevelopment.
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) 
Conditional uses and their accessory uses are considered as special uses requiring, for their authorization, review, public hearing and approval by the Village Board, following a recommendation by the Plan Commission, in accordance with Article IV of this chapter, excepting those existent at time of adoption of this chapter.
(2) 
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, following a recommendation by the Plan Commission, for them to continue as valid conditional uses, and the same shall be deemed to be regular conditional uses.
(3) 
A proposed change from a permitted use in a district to a conditional use shall require review, public hearing and approval by the Village Board, following a recommendation by the Plan Commission, in accordance with Article IV of this chapter.
(4) 
A conditional use(s), when replaced by a permitted use(s), shall terminate. In such case(s), the reestablishment of any previous conditional use(s) or establishment of a new conditional use(s) shall require review, public hearing and approval by the Village Board, following a recommendation by the Plan Commission, in accordance with Article IV of this chapter.
(5) 
Conditional uses authorized by the Village Board, following a recommendation by 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.
[Amended 5-10-2004 by Ord. No. O-2004-01]
(6) 
A conditional use permit shall be deemed to authorize only one particular conditional use.
[Amended 5-10-2004 by Ord. No. O-2004-01]
D. 
Uses not specified.
(1) 
Uses not specified in this chapter which are found by the Plan Commission to be sufficiently similar to specified permitted uses for a district shall be allowed by 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, following a recommendation by the Plan Commission, after public hearing and approval in accordance with Article IV of this chapter.
E. 
Validity of zoning, conditional use, variance and special use permits. Where the Zoning Administrator has issued a zoning certificate, a conditional use permit, a permit for a variance or a special use permit pursuant to the provisions of this chapter, such permit shall become null and void unless work thereon is substantially underway within six months of the date of the issuance of such permit by the Zoning Administrator.
[Amended 10-11-2004]
F. 
Yard requirements where buildings not present. Where a lot is to be occupied for a permitted use without buildings, the side yards and front yard required for such lot shall be provided and maintained unless otherwise stipulated in this chapter, except that yards shall not be required on lots used for garden purposes without buildings or structures, nor on lots used for public recreation areas.
G. 
Prohibited uses of residential property. No land which is located in a residence district shall be used for driveway or access purposes to any land which is located in a commercial or industrial district or used for any purpose not permitted in a residence district.
[Amended 5-10-2004 by Ord. No. O-2004-01]
H. 
Special use permit.
[Added 10-11-2004]
(1) 
Special use permits require, for their authorization, review, public hearing and approval by the Village Board, following a recommendation by the Plan Commission.
(2) 
A special use permit is a grant of authority whereby the Village Board may allow the use of land or a building in a residential district which is not specifically permitted by this Zoning Ordinance. The special permit is given personally to the individual who occupies or owns the residential premises, for that specified land or building, for a limited and defined purpose, for a limited period of time renewable by the Village Board; the permit may be discontinued or terminated when the person to whom the permit is granted fails to continue to operate or make such use of the property as is allowed by the permit.
(3) 
A special use permit shall be deemed to authorize only one particular use.
A. 
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. 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.
B. 
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 section, 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.
C. 
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. Retaining walls may be permitted on a site-specific basis as allowed by the Village Engineer.
D. 
Decks. For purposes of this chapter, decks and porches shall be considered a part of a building or structure.
E. 
Access to improved public street.
(1) 
No building permit for a principal building shall be issued unless the zoning lot on which the principal building is to be erected fronts on an improved public street having a width of at least 66 feet, nor shall a building permit be issued for any building on a corner lot where an accessory garage is served from the side street unless said side street is improved.
(2) 
No zoning lot shall contain any building used as a residence unless such lot abuts for at least 30 feet on an improved public street.
A. 
Continued conformity with bulk regulations. The maintenance of yards, courts, usable open spaces and other open spaces and minimum lot area legally required for a building shall be a continuing obligation of the owner of such building or of the property on which it is located as long as the building is in existence. Furthermore, no legally required yards, courts, usable open spaces, other open spaces or minimum lot area allocated to any building shall, by virtue of change of ownership, or for any other reason, be used to satisfy yard, court, usable open space, other open space or minimum lot area requirements for any other building.
B. 
Division of improved zoning lots. No improved zoning lot shall hereafter be divided into two or more zoning lots, and no portion of any improved zoning lot shall be sold, unless all improved zoning lots resulting from each such division or sale shall conform to all the applicable bulk regulations of the district in which the property is located and the provisions set forth in Subsection C.
C. 
Location of required open space. All yards, courts, usable open spaces and other open spaces allocated to a building or dwelling group shall be located on the same zoning lot as such building or dwelling group.
D. 
Required yards for existing building. No yards now or hereafter provided for a building existing on the effective date of this chapter shall subsequently be reduced below, or further reduced if already less than, the minimum required by this chapter for equivalent new construction.
E. 
Permitted obstructions in required yards. The following shall not be considered to be obstructions when located in the required yards specified:
(1) 
In all yards:
(a) 
Arbors and trellises.
(b) 
Awnings.
(c) 
Chimneys projecting 18 inches or less into the yard.
(d) 
Fences, walls and hedges subject to the provisions of Article IX hereinafter.
(e) 
Flagpoles and garden ornaments.
(f) 
Open terraces not over three feet above the average level of the adjoining ground, but not including a permanently roofed-over terrace or porch.
(g) 
Recreational equipment.
(h) 
Steps not over three feet above the ground level which are necessary for access to a permitted building or for access to a zoning lot from a street or alley.
(2) 
In front yards:
(a) 
One-story bay windows projecting three feet or less into the yard, provided that such windows do not occupy, in the aggregate, more than 1/3 of the front wall of the building, and come entirely within planes drawn from either main corner of the front wall, making an interior angle of 21 1/2º in the horizontal plane with the front wall.
(b) 
Overhanging eaves and gutters projecting three feet or less into the yard.
(3) 
In rear yards:
(a) 
Accessory sheds, tool rooms and similar buildings or structures for storage.
(b) 
Air-conditioning equipment.
(c) 
Balconies or decks, open to the sky, projecting six feet or less into the yard.
(d) 
Detached private garages and open off-street parking spaces.
(e) 
Fire escapes projecting six feet or less into the yard.
(f) 
Laundry drying equipment.
(g) 
One-story bay windows projecting three feet or less into the yard, provided that such windows do not occupy, in the aggregate, more than 1/2 of the rear wall of the building and come entirely within planes drawn from either main corner of the rear wall, making an interior angle of 22 1/2º in the horizontal plane with the rear wall.
(h) 
Overhanging eaves and gutters projecting three feet or less into the yard.
(i) 
Swimming pools.
(4) 
In side yards:
(a) 
Fire escapes projecting not more than 1/3 of the width of the side yard or not more than three feet of any case.
(b) 
Laundry drying equipment.
(c) 
Open off-street parking spaces.
(d) 
Overhanging eaves and gutters projecting 18 inches or less into the yard.
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.
A. 
Permitted home occupations. Home occupations are allowed in all residences in all districts with development permits issued by the Zoning Administrator, provided that the following requirements are met:
(1) 
No article is sold or offered for sale on the premises. Samples and goods may be kept but not sold on the premises.
(2) 
No exterior storage of equipment or materials may be used in connection with the home occupation.
(3) 
No more than 1/4 of the area of the total area of the principal structure shall be used for the home occupation activity.
(4) 
No garages or detached accessory structures may be used for the home occupation activity.
(5) 
No structural alterations or construction involving features not customarily found in dwellings is allowed.
(6) 
The home occupation shall not involve the repair of vehicles or motors or construction of equipment and machinery.
(7) 
The home occupation shall have no on-premises advertising signs in connection with the use.
(8) 
There shall be no detriments to the residential character of the neighborhood due to the emission of noise, odor, smoke, dust, gas, heat, vibration, electrical interference, traffic congestion, or other nuisances resulting from the home occupation.
(9) 
Classes held on the premises shall have no more than four students at a given time and shall be given within the principal structure only.
(10) 
No employees other than the residents of the premises shall be permitted.
(11) 
The home occupation shall not result in the need for more than two parking spaces at any given time in addition to spaces required by the occupant of the home.
(12) 
Home occupations may not be conducted outside the principal structure unless a conditional use permit is granted.
B. 
Home occupations permitted as conditional uses. Home occupations exceeding the standards set forth above may be permitted as conditional use, subject to the terms and conditions of §§ 320-27 to 320-29.