The zone regulations set by this chapter, within each district,
shall be minimum regulations and shall apply uniformly to each class
or kind of structure or land, except as herein provided.
A. Uses permitted by zoning regulations. Except as provided for in Subsection
B, Exceptions, of this section, no building, structure or parcel of land shall be used for any purpose other than those permitted in the specific zone in which a building, structure or parcel of land is located.
B. Exceptions. The following are the instances where regulations within
each district are superseded:
(1) Unusual uses or temporary uses either as permitted as special uses, listed in the chapter for each specific zone district or as granted under the other provisions related to special use permits or temporary use permits, but only as provided for in §
980-12 of this chapter.
(2) Modifications to the general zone regulations may be granted for large areas when replaced by site plans in the form of a planned development, but only in accordance with the provisions as set forth in Article
XX of this chapter.
(3) Legally nonconforming uses are exempt from the strict interpretation of the general use regulations, but only as long as the nonconformity is not enlarged or expanded, and is operated in accordance with the provisions of Article
XIX of this chapter.
(4) The type or location of any poles, towers, wires, cables, conduits,
vaults, laterals or any other similar distributing equipment of a
public utility, as defined in An Act Concerning Public Utilities,
enacted by the General Assembly of the state, is exempt from local
zoning regulations.
Except as provided herein, the yard and setback regulations
of this chapter shall be considered the minimum regulations for each
and every building established after the effective date of this chapter.
All yards and other required open spaces allocated to a building by
the standards set up in the articles for the zones in which the yards
are located shall be located on the same lot as such buildings. The
maintenance of yards, new lot areas and other open spaces legally
required for a building shall be a continuing obligation of the owner
of such building or users, as long as the structure or use is in evidence.
In this respect, no legally required yard, other open space or minimum
lot area allocated to any building shall by virtue of change of ownership,
or other reason, be used to satisfy yard, other open space or minimum
lot area requirements for any other building. No improved lot shall
hereafter be divided into two or more lots and no portion of any improved
lot shall be sold, unless all improved lots resulting from each transfer,
division or sale shall conform with all the applicable development
regulations of the zone in which the property is located.
A. Permitted obstruction in required yards. The following shall not
be considered to be obstructions when located in the required yards
specified:
(1) Any yard:
(a)
Marquees and awnings adjoining the principal building, overhanging
roof eaves, chimneys or unenclosed patios stoops, if they do not encroach
upon the required yard space by more than three feet.
(b)
Ornamental light standards, domestic television and radio antennas,
flagpoles, arbors, trellises, trees and shrubs; except that on corner
lots, no obstructions higher than 30 inches above the street grade
shall be located in a triangle formed by the connecting of points
25 feet from the intersection of the street pavement.
(2) Side yards: open accessory off-street parking spaces, except in a
side yard abutting a street.
(3) Rear yards: enclosed, attached or detached off-street parking spaces;
open off-street parking spaces; accessory sheds, tool rooms and any
farm accessory building, or any similar accessory structures; and
balconies, breezeways and open (not permanently glassed-in) porches.
(4) Commercial zones:
(a)
Filling station pumps and islands and light fixtures located
on a lot used as a filling station may be located within a required
yard, provided they are not less than 15 feet from any street line.
No merchandise offered for sale or rent, banners or advertisement
devices other than authorized signs shall be placed in the front yard
setback.
(b)
Permitted freestanding signs as defined and provided for in
the chapter on signs of the Village when relating to the business carried on in the establishment
occupying a lot may be located in the front yard or yards.
(c)
Nonadvertising light standards may be located within a required
front yard, provided such standards are located not less than five
feet from any street, provided such lights are shielded so that illumination
does not reflect onto residential property.
(d)
Off-street parking facilities may be located within the required front yard of any B or M Zone, provided that at least a five-foot setback is maintained between the street travel area and the parking area (excluding driveway), and also provided that such parking areas are maintained with an all-weather dust-free surface as provided for in the parking requirements in §
980-86 of this chapter.
B. Additional yard requirements. Additional street setbacks or yards
may be required in the following instances:
(1) The Board may, upon recommendation of the Commission, establish special
setbacks in excess of those setbacks required by the zone district.
Such setbacks shall be established when it is deemed necessary to
protect any existing or proposed street, traffic way, freeway, highway,
drives or parkways, or storm and flood runoff channels. Such setbacks
shall only be valid, however, after giving the required legal notice
and holding of a public hearing as required by this chapter for all
zoning changes. Further, all setbacks shall be uniformly applied to
at least one block face and shall, after being adopted, be clearly
shown on the setback map in the Village Hall.
(2) The minimum setback on all major streets shall be 50 feet and on
all collector streets shall be 35 feet. These regulations shall supersede
the individual zone requirements. The Village shall maintain street
classification maps in the Village Hall.
(3) A corner lot shall be considered to have two front yards for purposes
of establishing the building setback line or minimum front yard line.
C. Exceptions. The following are instances where exceptions to the yard
and setback regulations for each district may be permitted:
(1) Relief may be granted in the form of a variance, but only as provided for under the conditions as set forth in Article
XIX of this chapter.
(2) Modifications may be permitted in yard and setback requirements in a planned unit development as provided in Article
XX of this chapter.
(3) Legally nonconforming uses in accordance with the regulations contained in Article
XIX of this chapter.
D. Accessory uses to residential uses. Lawn storage sheds, shelters
for pets and other similar accessory structures may be constructed
in any side or rear yard, provided that such structures are kept at
least three feet from any lot line, and further provided that such
structures are kept at least 10 feet from the principal structure.
Detached garages may be constructed in any side or rear yard, provided
that such is separated from the principal structure by at least 10
feet, and provided that such structure is at least five feet or 10%
of the lot frontage, whichever is greater, from the side or rear lot
line. However, where such setback for a garage exceeds the yard requirements
for the particular zone, then the yard requirements for the zone shall
be used in place of 10% of the lot frontage for establishing the minimum
setback distance. Also, on corner lots where the principal structure
is allowed, by variance, to be closer to the side lot line than required
by regulations of the particular zone, the setback in a side yard
abutting the street for a detached garage shall be the same as allowed
for the principal structure.
Except as herein provided, all buildings and other structures
constructed in the Village after the effective date of this chapter
shall conform with the regulations for each specific zone district
in terms of maximum height, maximum coverage and maximum floor area
ratio.
A. General building bulk limitations.
(1) Maximum height. The maximum height, as set forth under each zoning
district, shall be the greatest building height allowed for either
the principal or accessory buildings, except that all accessory buildings
in residential zones shall be limited to one story, 20 feet in height
maximum.
(2) Floor area ratio. The floor area ratio, set forth under each zoning
district, shall be the maximum allowable for the building or buildings
(principal and accessory) on a lot or site.
(3) Maximum coverage. The maximum coverage, as set forth under each zoning
district, shall be the maximum building coverage allowable for the
building or buildings (principal and accessory) on a lot or site.
B. Exceptions to building bulk regulations. The following are instances
where exceptions to the building bulk regulations designated in the
specific chapters for each zone district may be permitted:
(1) The height regulation shall not apply for all radio towers, television
towers, antennas, church spires, belfries, monuments, tanks, water
and fire towers, stage towers, smoke stacks, chimneys and flagpoles,
provided that the maximum height does not exceed 100 feet.
(2) Public, semi-public buildings, public utilities, public service buildings, civic buildings, hospitals, schools, churches, temples, grain elevators, scenery lofts, elevator bulkheads and silos, where permitted, may be erected to a height not to exceed 100 feet, provided that the side and rear yards are increased by one foot for each foot of additional building height above the height regulations for the zone in which the building is located, and also provided that the main shadow area shall be 2 1/2 times the height of the buildings. (See §
980-6 for definition of "shadow area.")
(3) Relief from the building bulk regulations may be granted in the form of a variance, but only when approved in accordance with the provisions as set forth in Article
XXI of this chapter.
(4) Modifications may be permitted in the building bulk regulations in a planned unit development as provided in Article
XX of this chapter.
(5) Legally nonconforming uses as provided for in Article
XIX of this chapter are exempt.
The development and execution of this chapter are based upon
the premise of the division of land into zones; so that, within any
one zone, the uses of land, the bulk and location of buildings or
structures, as related to the land, are essential, uniform and compatible.
This, then, is the basis for ensuring normal growth. It must be recognized,
however, that there are special situations, because of the unique
characteristics of some uses, that cannot properly be classified in
any one zone as an allowable use, but can only be established under
regulations. The granting of any special use permit may have to be
conditioned upon the developers' meeting special requirements which
the Village and Zoning Boards find necessary to the maintenance or
the compatibility and the orderly growth of the area in which the
special uses are proposed. There are essentially four types of special
use permits provided for in this section:
A. Special uses enumerated by zones. Contained within the articles for the specific zone districts are lists of special uses which are normally associated with various zones. The Board may grant a special permit for any special use listed for each zone. The granting of all special uses must, however, follow the procedural regulations as provided in §
980-109 of this chapter.
B. Additional special uses. A second type of special use, where a new or unusual use not covered within the article for each specific zone may be granted after holding a hearing as prescribed in §
980-109C of this chapter, provided that:
(1) Because of the characteristics of the use, it is desirable that the
use be located in this zone.
(2) The use can be operated or developed in such a manner that it will
not adversely affect surrounding land uses.
(3) The character is unique to the extent that it cannot be classified
as a permitted use in any zone.
(4) Such special uses shall only be permitted after the Commission submits
to the Board in writing a report explaining why the proposed use meets
the above criteria and recommends under what conditions the special
use shall be permitted.
C. Special parking lot permit. Where an established use or group of
uses is enlarged or experiences an increased demand for parking which
exceeds that which could be provided on the same lot or lots on which
such establishments are located, then the Village may permit, after
a hearing, a special parking permit, which the Board believes will
not adversely affect surrounding land uses, but only as provided for
herein:
(1) The Village has received a request for such an off-street parking
permit and contained with the request is a map or plat with information
shown on that map or plat explaining how the following requirements
will be met.
(2) In all residential areas, the minimum front yard setback as prescribed
by that zone shall be maintained as stipulated on the special use
permit, and no parking shall be allowed in this yard area.
(3) All other applicable parking requirements, as established in Article
XVIII, shall be adhered to.
(4) That if such lot abuts residential property, all side yards or rear
yards abutting such off-street parking facilities shall be:
(a)
Effectively screened from view by a uniformly finished fence
or wall not less than four feet nor more than six feet in height;
(b)
Maintained in good condition [chain link (Note: Chain-linked
fence with 100% slatting is permitted.), any form of barbed wire,
or other metal, wire or mesh fences shall not be allowed];
(c)
As an alternative, a screening hedge or other natural landscaping
not less than four feet or more than six feet in height; and
(d)
The space between such fence or hedge and adjoining lot line
shall be landscaped or maintained in grass, rock or concrete, evergreen
ground cover or a low-spreading shrub.
[Amended 6-7-2021 by Ord.
No. 764]
(5) All facilities used for off-street parking shall be constructed with
a dust-free, all-weather surface, and shall be graded, tiled, drained
so as to dispose of all surface water without causing a nuisance to
surrounding owners.
(6) In all residential areas, the minimum front yard setback as prescribed
by that zone shall be maintained as stipulated on the special use
permit, and no parking shall be allowed in this yard area.
(7) Any lighting shall be arranged so that the source is not visible
from and no glare is reflected onto any adjoining premises or residentially
zoned areas. No advertising signs or devices other than identification
signs will be permitted in an off-street parking lot.
D. Temporary uses.
(1) A temporary use permit may be granted for a specific length of time
for restricted uses such as landfills; gravel operations; forestry
activities; special events such as centennials, fairs, carnivals and
revival meetings, provided that the Board finds:
(a)
The use will not have a detrimental effect on surrounding land
use.
(b)
That a plat is submitted with the permit showing the placement
of temporary structures, parking utilities and necessary sanitary
facilities (as required by the Health Department), and provided that
no construction is done other than that associated with the temporary
use.
(c)
That if the natural landscape, vegetation, terrain, soil cover
or drainage is disrupted, plans will be submitted to the Commission
and the developer will be responsible for improvements necessary to
restore the property to its original condition.
(2) The Board reserves the right to repeal any special permit where it
finds the use being conducted in such a manner that it violates the
general requirements of this chapter, or the special requirements
provided for in the issuance of the permit.