Archive for June, 2008
§ 155.045 UT - URBAN TRANSITIONAL DISTRICT.
(A) Purpose.
(1) To permit the conduct of certain agricultural pursuits on land that may be annexed to the Village;
(2) To prevent premature urban development of certain lands which eventually will be appropriate for urban use, until the installation of streets, utilities, and community facilities make orderly development possible; and
(3) To ensure adequate light, air, and privacy for each dwelling unit, and to provide adequate separation between dwelling units and facilities for housing animals.
(Ord. 1992-10, § 300, passed 3-18-1993)
(B) Required conditions.
(1) All uses shall comply with the regulations prescribed in §§ 155.015 through 155.019.
(2) No use shall be permitted and no process, equipment, or material shall be employed which is found by the Village Board of Trustees to be objectionable to persons residing or working in the vicinity or injurious to property located in the vicinity by reason of odor, insect nuisance, fumes, dust, smoke, cinders, dirt, refuse, water-carried wastes, noise, vibration, illumination, glare, unsightliness, or traffic, or to involve any hazard of fire or explosion.
(Ord. 1992-10, § 301, passed 3-18-1993)
(C) Permitted uses. Unless otherwise provided in this chapter, no building or land may be used, and no building may be erected, converted, enlarged, or structurally altered, in the UT District except for 1 or more of the following uses:
(1) All uses commonly used as agricultural, horticultural, or forestry, including crop and tree farming, truck gardening, and gardening, together with the operation of any machinery or vehicles incident to the above uses; provided that the permitted agricultural pursuits are conducted in accord with good practice so as not to be deemed a nuisance;
(2) Home occupations, as defined in this chapter; and
(3) Parks, forest preserves, and recreational areas when publicly owned and operated.
(Ord. 1992-10, § 302, passed 3-18-1993)
(D) Special uses. The following uses may be allowed by special use permit in accordance with the provisions of §§ 155.140 through 155.152:
(1) One-family detached dwellings;
(2) Wholesale nursery operations;
(3) The sale of products produced on the premises only from temporary stands or existing operational structures;
(4) Cemeteries;
(5) Churches, rectories, parish houses, and convents;
(6) Golf courses, provided that no club house or accessory building shall be located nearer than 500 feet to any dwelling;
(7) Institution for the aged;
(8) Educational institution;
(9) Public service uses:
(a) Filtration plant, pumping station, and water reservoir;
(b) Sewage treatment plant;
(c) Police and fire stations;
(d) Telephone exchange;
(e) Electric substations and booster stations; and
(f) Other governmental uses found by the Village Board of Trustees to be necessary for the public health, safety, or welfare.
(10) Private clubs, or lodges, except those the chief activity of which is a service customarily carried on as a business;
(11) Private recreational areas or camps, when not operated for profit;
(12) Rest homes, nursing homes, hospitals and sanitariums, for human beings only;
(13) Accessory structures and uses located on the same site with a permitted use include barns, stables, coops, tank houses, storage tanks, windmills, silos, other farm outbuildings, private garages and carports, storehouses, garden structures, greenhouses, recreation rooms and hobby shops, and storage of petroleum products for the use of persons residing on the site;
(14) Mobile home park subject to the provisions of § 155.126;
(15) Horse stables with the privilege to conduct exhibitions; and
(16) Daycare centers.
(Ord. 1992-10, § 303, passed 3-18-1993; Am. Ord. 1996-8, passed - -)
(E) Lot size.
(1) Every principal permitted use in this section shall be located on a tract of land having an area of not less than 5 acres and a width at the established building line of not less than 300 feet.
(2) Every special use permitted in the UT District shall be located on a tract of land the minimum size of which shall be specified at the time a special use permit is authorized.
(Ord. 1992-10, § 304, passed 3-18-1993)
(F) Yard areas. No building shall be erected or enlarged unless the following yards are provided and maintained in connection with the building, structure, or enlargement.
(1) Front yard. A front yard equal to at least 1/2 the right-of-way of the street on which the lot fronts. However, in no case shall the front yard be less than 30 feet nor more than 60 feet.
(2) Side yard. A side yard on each side of the zoning lot of not less than 25 feet, except where a side yard adjoins a street, the minimum width shall be increased to 1/2 the right-of-way of the adjoining street with a maximum of 60 feet.
(3) Rear yard. A rear yard of not less than 75 feet.
(Ord. 1992-10, § 305, passed 3-18-1993)
Posted: June 29th, 2008 by
admin under Code of Ordinances.
§ 155.046 ONE-FAMILY AND TWO-FAMILY RESIDENTIAL DISTRICTS.
(A) Purposes. In addition to the objectives prescribed in § 155.001, the RE Rural Estates, R-1 One-Family and R-2 Two-Family Residential Districts are included in the zoning ordinances to achieve the following purposes:
(1) To reserve appropriately located areas for family living at a reasonable range of population density consistent with sound standards of public health and safety;
(2) To ensure adequate light, air, privacy, and open space for each dwelling;
(3) To protect 1-family and 2-family dwellings from the congestion and lack of privacy associated with multi-family dwellings;
(4) To provide space for semi-public facilities needed to complement urban residential areas and for institutions that require a residential environment;
(5) To minimize traffic congestion and to avoid the overloading of utilities by preventing the construction of buildings of excessive size in relation to the land around them;
(6) To provide necessary space for off-street parking of automobiles and where appropriate, for off-street loading of trucks;
(7) To protect residential properties from noise, illumination, unsightliness, odors, dust, dirt, smoke, vibration, heat, glare, and other objectionable influences; and
(8) To protect residential properties from fire, explosion, noxious fumes, and other hazards.
(Ord. 1992-10, § 400, passed 3-18-1993)
(B) Required conditions.
(1) All uses shall comply with the regulations prescribed in §§ 155.015 through 155.019.
(2) No use shall be permitted and no process, equipment, or material shall be employed which is found by the Village Board of Trustees to be objectionable to persons residing or working in the vicinity or injurious to property located in the vicinity by reason of odor, insect nuisance, fumes, dust, smoke, cinders, dirt, refuse, water-carried wastes, noise, vibration, illumination, glare, unsightliness, or traffic or to involve any hazard of fire to explosion.
(Ord. 1992-10, § 401, passed 3-18-1993)
(C) Permitted uses. The following uses shall be permitted:
(1) R-1 One-Family Residential Districts.
(a) One-family dwellings in which not more than 3 paying guests may be lodged or boarded. Not more than 1 dwelling unit shall be located on each site;
(b) Raising of fruit and nut trees, vegetables, and horticultural specialties;
(c) Home occupations conducted in accord with the regulations prescribed in § 155.125;
(d) A lone accessory structure located at the same site with a permitted use including private garages and carports, 1 guest house or accessory living quarters without a kitchen, storehouses, garden structures, greenhouses, recreation rooms, and hobby areas within an enclosed structure. If the premises has a detached garage, the square footage of the garage plus the new accessory structure shall not exceed a total of 650 square feet in area. If the premises has an attached garage, the new accessory shall not exceed 300 square feet in area; and
(Am. Ord. 2004-13, passed 6-24-2004)
(e) Swimming pools used solely by persons resident on the site and their guests, provided that no swimming pool or accessory mechanical equipment shall be located in a required front yard or less than 10 feet from a property line.
(Ord. 1992-10, § 402.1, passed 3-18-1993)
(2) R-2 Two-Family Residential Districts.
(a) Two-family dwellings or two 1-family dwellings in which not more than 3 paying guests may be lodged or boarded in any 1 dwelling unit. Not more than 2 dwelling units shall be located on each site.
(b) Home occupations conducted in accord with the regulations prescribed in § 155.125.
(c) 1. A lone accessory structure located at the same site with a permitted use including private garages and carports, 1 guest house or accessory living quarters without a kitchen, storehouses, garden structures, greenhouses, recreation rooms, and hobby areas within an enclosed structure. If the premises has a detached garage, the square footage of the garage plus the new accessory structure shall not exceed a total of 650 square feet in area. If the premises has an attached garage, the new accessory shall not exceed 300 square feet in area.
2. A single-car garage is required on the same lot with a 1,199 square feet or less size 1-family dwelling.
3. A 2-car garage or greater is required on the same lot with a 1,200 square feet or greater 1-family house.
(Am. Ord. 2004-14, passed 6-24-2004)
(d) Swimming pools used solely by persons resident on the site and their guests, provided that no swimming pool or accessory mechanical equipment shall be located in a required front yard or less than 10 feet from a property line.
(Ord. 1992-10, § 402.2, passed 3-18-1993; Am. Ord. 1994-15, passed - -)
(3) RE Rural Estates District.
(a) Any use permitted under division (C)(1) above, R-1 One-Family Residential District.
(b) Private stables for the keeping of 1 horse on a site of not less than 1 acre in area, plus 1/2 acre for every additional horse kept on the premises, and provided that no stable shall be located closer than 50 feet to any property line, closer than 50 feet to any dwelling on the same site, or closer than 100 feet to any other dwelling on an adjacent site.
(Ord. 1992-10, § 402.3, passed 3-18-1993)
(D) Special uses. The following special uses shall be permitted in the RE, R-1, and R-2 Districts upon the granting of a special use permit, in accordance with the provisions of §§ 155.140 through 155.152:
(1) Churches, convents, monasteries, parish houses, parsonages, and other religious institutions;
(2) Golf courses, public parks, and playgrounds;
(3) Hospitals, sanitariums and nursing homes, not including hospitals, sanitariums, or nursing homes for mental, drug addict, or liquor addict cases;
(4) Daycare facilities and nursery schools;
(5) Private recreation parks and swim clubs;
(6) Public and parochial schools and colleges;
(7) Public utility, public facility, and public services, pumping stations, power stations, equipment buildings and installations, water storage tanks found by the Village Board of Trustees to be necessary for the public health, safety, or welfare;
(8) A lone accessory structure and use located on the same site as a special use;
(Am. Ord. 2004-15, passed 6-24-2004)
(9) Bed and breakfast; and
(10) Community-based housing (R-2 only).
(Ord. 1992-10, § 403, passed 3-18-1993)
(E) Setback and yard requirements. In the R-2 District, 2 buildings each designed as a 1-family dwelling may be permitted on a zoning lot. In addition to the yards and setbacks established for the District, the following additional setbacks between buildings shall be required where there is more than 1 building containing a dwelling unit on a zoning lot.
(1) Side to side: a minimum of 20 feet is required;
(2) Side to back: a minimum of 30 feet is required;
(3) Front to front: a minimum of 64 feet is required;
(4) Front to side: a minimum of 30 feet is required;
(5) Front to back: a minimum of 64 feet is required; and
(6) Back to back: a minimum of 40 feet is required;
(Ord. 1992-10, § 404, passed 3-18-1993)
(F) Driveways.
(1) A driveway is any paved hard-surfaced, manmade area used to access any garage or accessory building, or leads to a garage, outdoor or indoor parking area, or is an established and surfaced portion of the lot, the use of which is for the purpose of ingress or egress to a carport, garage, accessory structure, parking area, or loading and unloading station for vehicles, whether the driveway crosses the Village right-of-way or not.
(2) All driveways must comply with the following standards, in addition to those set forth in the Village subdivision code and code of ordinances:
(a) No driveways shall be set within the minimum side yards than that allowed for structures as required in §§ 155.015 through 155.019 above. The restriction in this division (F)(2)(a) does not apply to lots on a cul-de-sac;
(b) Only 1 driveway is permitted for each lot in R-1 and R-1x Districts, unless a variance is granted by the Village Board of Trustees;
(c) All driveways must be constructed directly from the public road to the attached garage or to the primary detached garage if there is no attached garage if situated in the front or side yard; and
(d) No driveways may be built to any accessory structure (excluding the attached garage or to the primary detached garage if there is no attached garage if situated in the front or side yard) unless a variance is granted by the Board of Trustees.
(Ord. 1992-10, § 405, passed 3-18-1993; Am. Ord. 2002-33, passed 4-18-2003)
Editor’s note:
This section was also amended by Ord. 1999-9, passed August 5, 1999.
Posted: June 29th, 2008 by
admin under Code of Ordinances.
§ 155.047 RM - MULTI-FAMILY RESIDENTIAL DISTRICTS.
(A) Purposes. In addition to the objectives prescribed in § 155.001, the RM Multi-Family Residential District is included in this chapter to achieve the following purposes:
(1) To reserve appropriately located areas for family living in a variety of types of dwellings at a reasonable range of densities consistent with sound standards of public health and safety;
(2) To preserve as many as possible of the desirable characteristics of 1-Family and 2-Family Residential Districts while permitting higher population densities;
(3) To ensure adequate light, air, privacy, and open space for each dwelling unit;
(4) To provide space for semi-public facilities needed to complement urban residential areas and space for institutions that require a residential environment;
(5) To minimize traffic congestion and to avoid the overloading of utilities by preventing the construction of buildings of excessive size in relation to the land around them;
(6) To provide necessary space for off-street parking of automobiles and, where appropriate, for off-street loading of trucks;
(7) To protect residential properties from noise, illumination, unsightliness, odors, dust, dirt, smoke, vibration, heat, glare, and other objectionable influences; and
(8) To protect residential properties from fire, explosion, noxious fumes, and other hazards.
(Ord. 1992-10, § 500, passed 3-18-1993)
(B) Required conditions.
(1) All uses shall comply with the regulations prescribed in §§ 155.015 through 155.019.
(2) No use shall be permitted and no process, equipment, or material shall be employed which is found by the Village Board of Trustees to be objectionable to persons residing or working in the vicinity by reason of odor, insect nuisance, fumes, dust, smoke, cinders, dirt, refuse, water-carried wastes, noise, vibration, illumination, glare, unsightliness, or traffic, or to involve any hazard of fire or explosion.
(Ord. 1992-10, § 501, passed 3-18-1993)
(C) Permitted uses. The following uses shall be permitted:
(1) Multi-family dwellings;
(2) Home occupations conducted in accord with the regulations prescribed in § 155.125;
(3) (a) A lone accessory structure located on the same site with a permitted use, including private garages and carports, 1 guest house or accessory living quarters without a kitchen, storehouses, garden structures, greenhouses, recreation rooms, and hobby areas within an enclosed structure. If the premises has a detached garage, the square footage of the garage plus the new accessory structure shall not exceed a total of 650 square feet in area. If the premises has an attached garage, the new accessory shall not exceed 300 square feet in area;
(b) A single-car garage is required on the same lot with a 1,199 square feet or less size 1-family dwelling; and
(c) A 2-car garage or greater is required on the same lot with a 1,200 square feet or greater 1-family house.
(Am. Ord. 2004-16, passed 6-24-2004)
(4) Swimming pools used solely by persons resident on the site and their guests, provided that no swimming pool or accessory mechanical equipment shall be located in a required front yard or less than 10 feet from a property line.
(Ord. 1992-10, § 502, passed 3-18-1993; Am. Ord. 1994-15, passed - -)
(D) Special uses. The following special uses shall be permitted upon the granting of a use permit, in accordance with provisions of §§ 155.140 through 155.152:
(1) Lodging houses in which not more than 15 paying guests may be lodged or boarded;
(2) Churches, convents, monasteries, parish houses, parsonages, and other religious institutions;
(3) Golf courses, public parks and playgrounds;
(4) Hospitals, sanitariums, and nursing homes, not including hospitals, sanitariums, or nursing homes for mental, drug addict, or liquor addict cases;
(5) Daycare facilities and nursery schools;
(6) Private recreation parks and swim clubs;
(7) Public and parochial schools and colleges;
(8) Public utility, public facility, and public services; pumping stations, power stations, equipment buildings and installations, drainageways and structures, storage tanks, found by the Village Board of Trustees to be necessary for the public health, safety, or welfare;
(9) A lone accessory structure and use located on the same site as a special use;
(Am. Ord. 2004-17, passed 6-24-2004)
(10) Bed and breakfast; boarding houses; and hotel, motel, and lodging houses;
(11) Senior housing projects; and
(12) Community-based housing.
(Ord. 1992-10, § 503, passed 3-18-1993)
(E) Setback and yard requirements. In the RM District, more than 1 building containing dwelling units may be permitted on a zoning lot. In addition to the yards and setbacks established for this district, the following additional setbacks between buildings shall be required where there is more than 1 building containing dwelling units on a zoning lot:
(1) Side to side: a minimum of 20 feet is required;
(2) Side to back: a minimum of 30 feet is required;
(3) Front to front: a minimum of 64 feet is required;
(4) Front to side: a minimum of 30 feet is required;
(5) Front to back: a minimum of 64 feet is required;
(6) Back to back: a minimum of 40 feet is required; and
(7) All setbacks shall be increased by 1 foot for every increase of 4 feet in height of either if the adjacent buildings are greater than 25 feet in height.
(Ord. 1992-10, § 504, passed 3-18-1993)
Editor’s note:
This section was also amended by Ord. 1999-9, passed August 5, 1999.
Posted: June 29th, 2008 by
admin under Code of Ordinances.
§ 155.048 C - COMMERCIAL DISTRICTS.
(A) Purposes.
(1) In addition to the objectives prescribed in § 155.001, the C Commercial Districts are included in the zoning ordinance to achieve the following purposes:
(a) To provide appropriately located areas for retail stores, offices, service establishments, amusement establishments, and wholesale businesses, offering commodities and services required by residents of the Village and its surrounding market area;
(b) To provide opportunities for retail stores, offices, service establishments, amusement establishments, and wholesale businesses to concentrate for the convenience of the public and in mutually beneficial relationships to each other;
(c) To provide space for community facilities and institutions that may be located in commercial areas;
(d) To provide adequate space to meet the needs of modern commercial development, including off-street parking and truck loading areas;
(e) To minimize traffic congestion and to avoid the overloading of utilities by preventing the construction of buildings of excessive size in relation to the amount of land around them;
(f) To protect commercial properties from noise, odor, dust, dirt, smoke, vibration, heat, glare, heavy truck traffic, and other objectionable influences incidental to industrial uses; and
(g) To protect commercial properties from fire, explosion, noxious fumes, and other hazards.
(Ord. 1992-10, § 600, passed 3-18-1993)
(2) Special purposes of CR Retail and Service Commercial District.
(a) To encourage consolidation and maximize the efficiency of the Village’s most intensively developed retail district by limiting or prohibiting uses that break the continuity of commercial frontage or are incompatible with an attractive pedestrian shopping area;
(b) To facilitate the future establishment of assessment districts for provision of off-street parking facilities by limiting or prohibiting drive-in type uses that would not benefit substantially from public off-street parking facilities; and
(c) To foster use of vacant buildings by permitting certain light industries as special uses.
(Ord. 1992-10, § 600.1, passed 3-18-1993)
(3) Special purposes of CG General Commercial District.
(a) To provide appropriately located areas for commercial uses having features that are incompatible with the purposes of the other commercial districts;
(b) To permit additional development in mixed commercial areas containing both retail sales and commercial services; and
(c) To foster use of vacant buildings by permitting certain light industries as special uses.
(Ord. 1992-10, § 600.2, passed 3-18-1993)
(4) Special purposes of CH Highway Commercial Thoroughfare District.
(a) To provide appropriately located areas for establishments catering to tourists and highway travelers;
(b) To enhance the appearance of certain entrances to the Village, and to protect motel and restaurant patrons from nuisances by limiting or prohibiting certain commercial service uses that often are unsightly or have nuisance features; and
(c) To provide appropriately located areas for establishments that generally require large sites and do not require close proximity to other retail uses.
(Ord. 1992-10, § 600.3, passed 3-18-1993)
(5) Special purposes of CO Limited Office District.
(a) To permit well-designed low-intensity office developments in proximity to residential uses, and to serve as a buffer between established commercial uses and residential neighborhoods. The intent is also to allow the conversion of structures built for residential purposes which are suitable for office use or select service oriented uses and thereby preserve their character. The CO Limited Office District can be relatively small in size, is generally located adjacent to a CR or CG district, and requires on-site protective measures to preserve adjacent residential property values; and
(b) To allow service oriented uses that are low traffic generators. No outside storage, sales, or displays are permitted in the CO District.
(Ord. 1992-10, § 600.4, passed 3-18-1993; Ord. 1995-3, passed 10-5-1995)
(B) Required conditions.
(1) All uses shall comply with the regulations prescribed in §§ 155.015 through 155.019.
(2) In a CR District, all businesses, services, and processes shall be conducted entirely within a completely enclosed structure, except for off-street parking and loading areas; the sale of automobiles, implements, recreation vehicles; gasoline service stations; outdoor dining areas; nurseries; garden shops; Christmas tree sale lots; bus depots; and utility substations and equipment installations. Exhibits of goods sold or manufactured on the premises can be displayed outside only during normal business hours.
(3) No use shall be permitted, and no process, equipment, or material shall be employed which is found by the Village Board to be objectionable to persons residing or working in the vicinity or injurious to property located in the vicinity by reason of odor, insect nuisance, fumes, dust, smoke, cinders, dirt, refuse, water-carried wastes, noise, vibration, illumination, glare, unsightliness, or heavy truck traffic, or to involve any hazard of fire or explosion.
(4) All uses in a CO District shall comply with the specific regulations and basic requirements of § 155.015 pertaining to the CR District unless otherwise specified.
(5) (a) Whenever commercial property abuts property used or zoned for residential purposes, the commercial property shall, in addition to all other applicable standards of this chapter and the other ordinances and regulations of the Village, comply with the following standards:
1. No parking spaces and trash and/or garbage collection areas shall be closer to the residential property than 15 feet;
2. Every structure shall be set back at least 25 feet from the residential property;
3. The gross floor area of structure on the property shall not exceed .40 of the lot area; and
4. The gross area of impervious surfaces on the property shall not exceed .70 of the lot area.
(b) In the event of a conflict between the foregoing and any other regulations of the Village, the stricter standard shall be satisfied.
(Ord. 1992-10, § 601, passed 3-18-1993; Am. Ord. 1995-3, passed 10-5-1995; Am. Ord. 2004-21, passed 9-24-2004)
(C) Permitted uses. The following uses shall be permitted:
(1) CR Retail and Service Commercial.
(a) Business services;
(b) Convenience stores;
(c) Daycare centers;
(d) Parking;
(e) Personal services;
(f) Professional services;
(g) Retail trade;
(h) Essential services;
(i) Accessory structures and uses, not including warehouses, on the same site as a permitted use; and
(j) Civic uses.
(Ord. 1992-10, § 602.1, passed 3-18-1993; Am. Ord. 1995-3, passed 10-5-1995)
(2) CG General Commercial District.
(a) Amusement and recreation services;
(b) Any use which is permitted in the CR District;
(c) Automobile repair;
(d) Automotive sales;
(e) Garden supplies;
(f) Mini warehouses;
(g) Repair shops;
(h) Service stations;
(i) Churches;
(j) Civic uses;
(k) Clubs and associations;
(l) Parks;
(m) Schools;
(n) A dwelling unit incidental to and on the same site with a permitted use, subject to the regulations for the RM District;
(o) Public utility, public facility and public services, pumping stations, power stations, equipment building and installations, drainageways and structures, water storage tanks;
(p) Accessory structures and uses located on the same site as a permitted use; and
(q) Hotel, motel, and lodging houses.
(Ord. 1992-10, § 602.2, passed 3-18-1993)
(3) CH Highway Commercial District.
(a) Any use which is permitted in the CR District and CG Districts;
(b) Automobile repair and services;
(c) Automotive, implement, and recreation vehicle sales; and
(d) Hotel, motel, and lodging houses.
(Ord. 1992-10, § 602.3, passed 3-18-1993)
(4) CO Limited Office District.
(a) Business and professional offices;
(b) Medical, dental, and counseling office (excluding clinics) not exceeding 3,000 square feet in size;
(c) Tea rooms;
(d) Gift and/or antique shops;
(e) Photography studio;
(f) Bed and breakfast; and
(g) Financial institutions: banks, savings and loans, credit unions, mortgage brokerages, and consumer loan operations.
(Ord. 1992-10, § 602.4, passed 3-18-1993; Ord. 1995-3, passed 10-5-1995)
(D) Special uses. The following special uses shall be permitted upon the granting of a use permit, in accordance with the provisions of §§ 155.140 through 155.152.
(Ord. 1992-10, § 603, passed 3-18-1993)
(1) CR Retail and Service Commercial District.
(a) Light industrial uses permitted in § 155.049(C)(1), IL District, provided that all of the conditions prescribed by division (B) if this section are met and provided that no motor power other than electrically operated motors shall be used;
(b) Charitable institutions;
(c) Churches, parsonages, parish houses, monasteries, convents, and other religious institutions;
(d) Hospitals, sanitariums, and nursing homes;
(e) Private museums;
(f) Public utility, public facility and public services, pumping stations, power stations, equipment buildings and installations, drainageways and structures, water storage tanks found by the Village Board of Trustees to be necessary for the public health, safety, or welfare;
(g) Required off-street parking facilities located on a site separated from the use which the facilities serve, as prescribed by §§ 155.065 through 155.072;
(h) Service stations, including light automotive repair service, provided that all operations except the sale of gasoline and oil and the washing of cars shall be conducted within a building enclosed on at least 3 sides;
(i) Accessory structures and uses located on the same site as a special use;
(j) Boarding houses; and hotel, motel, and lodging houses; and
(k) Bed and breakfast.
(Ord. 1992-10, § 603.1, passed 3-18-1993)
(2) CG Service Commercial District.
(a) Any use which may be allowed as a special use in the CR Districts;
(b) Auction sales rooms;
(c) Blacksmith shops;
(d) Building material yards other than gravel, rock, or cement yards;
(e) Contractors’ equipment rental yards;
(f) Contractors’ storage yards;
(g) Lumber yards, not including planing or saw mills;
(h) Stone and monument yards;
(i) Second-hand sales conducted entirely inside a building;
(j) Welding shops;
(k) Light industrial uses permitted in § 155.049(C), IL Light Industrial District, provided that all of the conditions prescribed by division (B) of this section are met;
(l) Storage of fuel or flammable liquids; and
(m) Bed and breakfast; and boarding houses.
(Ord. 1992-10, § 603.2, passed 3-18-1993)
(3) CH Highway Commercial District.
(a) Any use which may be allowed as a special use in the CR and CG Districts;
(b) Commercial amusement establishments, including:
1. Amusement parks;
2. Boat launching ramps;
3. Carnival, circuses, and other transient amusement enterprises;
4. Drive-in theaters;
5. Pony riding rings; and
6. Sports stadiums.
(c) Bed and breakfast; and boarding houses.
(Ord. 1992-10, § 603.3, passed 3-18-1993)
(4) CO Limited Office District.
(a) Medical, dental, and counseling offices over 3,000 square feet;
(b) Funeral homes;
(c) Community service organization - multiple use;
(d) Interior decorating shop or upholstery shop, excluding furniture sales, and retail sales on premises;
(e) Public utility, public facility, and public services, pumping stations, power stations, equipment buildings and installations, drainageways and structures, storage tanks, found by the Village Board of Trustees to be necessary for the public health, safety, or welfare;
(f) Accessory structures and uses located on the same site as a special use;
(g) Beauty shop and barber shop, limited to 3 stations, and nail and tanning salons;
(h) Travel agency;
(i) Tailor or dressmaker;
(j) Library; and
(k) Any drive-up or drive-through facilities and services incidental to a permitted or special use in a CO District.
(Ord. 1992-10, § 603.4, passed 3-18-1993; Am. Ord. 1995-3, passed 10-5-1995)
Editor’s note:
This section was also amended by Ord. 1999-9, passed August 5, 1999.
Posted: June 29th, 2008 by
admin under Code of Ordinances.
§ 155.049 I - INDUSTRIAL DISTRICTS.
(A) Purposes.
(1) In addition to the objectives prescribed in § 155.001, the I Industrial Districts are included in the zoning ordinance to achieve the following purposes:
(a) To reserve appropriately located areas for industrial plants and related activities;
(b) To protect areas appropriate for industrial use from intrusion by dwellings and other inharmonious uses;
(c) To protect residential and commercial properties and to protect nuisance-free, nonhazardous industrial uses from noise, odor, insect nuisance, dust, dirt, smoke, vibration, heat and cold, glare, truck and rail traffic, and other objectionable influences, and from fire, explosion, noxious fumes, radiation, and other hazards incidental to certain industrial uses;
(d) To provide opportunities for certain types of industrial plants to concentrate in mutually beneficial relationship to each other;
(e) To provide adequate space to meet the needs of modern industrial development, including off-street parking and truck loading areas and landscaping;
(f) To provide sufficient open space around industrial structures to protect them from the hazard of fire and to minimize the impact of industrial plants on nearby residential and on other nearby districts; and
(g) To minimize traffic congestion and to avoid the overloading of utilities by preventing the construction of buildings of excessive size in relation to the amount of land around them.
(Ord. 1992-10, § 700, passed 3-18-1993)
(2) Special purposes of IL District. The IL Light Industrial District is intended to accommodate light manufacturing, wholesale and research establishments. The IL District may be located in various areas throughout the community and may be in close proximity to residential neighborhoods and not be detrimental to residential uses because of its limited nature. While most often applied to areas where the location of particular industries has no direct relationship to other nearby business or industrial districts, it may also be formed as an adjunct to these established districts.
(Ord. 1992-10, § 700.1, passed 3-18-1993)
(3) Special purposes of the IG District. The IG General Industrial District is intended to accommodate those manufacturing and industrial uses which may not or cannot meet the performance standards of the IL District yet do not have the objectionable influences of those uses found in the H District. The IG District should not, where possible, be located in close proximity to an R District.
(Ord. 1992-10, § 700.2, passed 3-18-1993)
(4) Special purpose of the IH District. The purpose of the IH District is to accommodate those heavier manufacturing and other industrial uses which have objectionable influences, but which, nevertheless, should be provided for somewhere in the community. The IH District is, insofar as possible, applied to locations removed from the R Districts on the basis of linear distance or natural or manmade features.
(Ord. 1992-10, § 700.3, passed 3-18-1993)
(B) Required conditions.
(1) All uses shall comply with the regulations prescribed in §§ 155.015 through 155.019.
(2) All uses shall be conducted in conformance with the performance standards as set forth in §§ 155.030 through 155.032.
(3) No use shall be permitted which emits dangerous radioactivity.
(4) No use shall be permitted which creates insect nuisances beyond the boundaries of the site.
(Ord. 1992-10, § 701, passed 3-18-1993)
(C) Permitted uses. The following uses shall be permitted.
(1) IL Light Industrial District. Unless otherwise provided in this chapter, no building or land may be used, and no building may be erected, converted, or enlarged or structurally altered, in the IL District except for 1 or more of the following uses:
(a) Any production, processing, cleaning, servicing, testing, repair or storage of materials, goods, or products which conforms to the performance standards established for this section, but not including any of the uses listed as permitted in the IH Heavy Industrial District;
(b) Manufacturing – light;
(c) Wholesaling and warehousing; local cartage and express facilities, but not including motor freight terminals;
(d) Public and community service uses, as follows:
(1) Electric substations;
(2) Fire stations;
(3) Municipal or privately owned recreation buildings or community centers;
(4) Parks and recreation areas;
(5) Police stations;
(6) Radio and television towers;
(7) Sewage treatment plants;
(8) Telephone exchanges;
(9) Water filtration plants;
(10) Water pumping stations; and
(11) Water reservoirs.
(e) Temporary buildings for construction purposes, for a period not to exceed the duration of the construction; and
(f) Accessory structures and uses.
(Ord. 1992-10, § 702.1, passed 3-18-1993)
(2) IG General Industrial Districts. Unless otherwise provided in this chapter, no building or land use may be used, and no building may be erected, converted, enlarged, or structurally altered in the IG District except for 1 or more of the following uses:
(a) Any use permitted in the IL District;
(b) Any production, processing, cleaning, servicing, testing, repair or storage of materials, goods, or products which conforms to the performance standards established for this section, but not including any of the uses listed as permitted in the IH Heavy Industrial District;
(c) Bus terminals, bus garages, bus lots, street railway terminals, but not including motor freight terminals; and
(d) Machinery sales and rentals.
(Ord. 1992-10, § 702.2, passed 3-18-1993)
(3) IH Heavy Industrial District. Unless otherwise provided in this chapter, no building or land may be used and no building may be erected, converted, enlarged, or structurally altered, in the IH District except for 1 or more of the following uses:
(a) Any use permitted in the IL and IG Districts;
(b) Agricultural services;
(c) Contractors - building construction;
(d) Contractors - heavy construction;
(e) Freight terminals;
(f) Manufacturing - heavy;
(g) Public works yards;
(h) Utility facilities;
(i) Warehouses;
(j) Wholesale trade; and
(k) Miscellaneous uses, as follows: railroad freight terminals, motor freight terminals, railroad switching and classification yards, repair shops, and roundhouses.
(Ord. 1992-10, § 702.3, passed 3-18-1993)
(D) Special uses. The following special uses shall be permitted upon granting of a use permit in accord with the provisions of §§ 155.140 through 155.152.
(Ord. 1992-10, § 703, passed 3-18-1993)
(1) IL Light Industrial District.
(a) Any use which may be allowed as a permitted use in the CR, CG, and CH Business Districts, but not including house trailer parks or mobile home parks;
(b) Airport or aircraft landing fields;
(c) Stadiums, auditoriums and arenas;
(d) Theaters, outdoor drive-in; and
(e) Any use permitted in the IG General Industrial District, provided the performance standards of the IL District can be met in their entirety.
(Ord. 1992-10, § 703.1, passed 3-18-1993)
(2) IG General Industrial District.
(a) Any use which may be allowed as a special use in the IL Districts;
(b) Junkyards and automobile wrecking yards, provided they are contained within completely enclosed buildings or screened by a solid wall or uniformly painted solid fence at least 12 feet high;
(c) Stone and gravel quarries and crushing, grading, washing, and loading equipment and structures;
(d) Railroad roundhouses, maintenance buildings, and switching yards;
(e) Sewage treatment plants; and
(f) A trailer and/or modular unit may be used temporarily in conjunction with a use already allowed and in existence for a period not to exceed 1 year following the date on which the special use permit became effective when it shall lapse and become void.
(Ord. 1992-10, § 703.2, passed 3-18-1993)
(3) IH Heavy Industrial Districts.
(a) Any use which may be allowed as a special use in the IL and IG Districts; and
(b) Production, processing, testing and manufacturing of the following products, unless specifically prohibited by the Village:
1. Chemicals, including acetylene, aniline dyes, ammonia, carbon, caustic soda, cellulose, chlorine, carbon black and bone black, cleaning and polishing preparation creosote, exterminating agents, hydrogen and oxygen industrial alcohol, nitrating of cotton or other materials, nitrates (manufactured and natural) of an explosive nature, potash, plastic materials and synthetic resins, protein, rayon yarn, hydrochloric, nitric, and sulfuric acids, and derivatives; and
2. Live storage, killing, or dressing of poultry or rabbits.
(Ord. 1992-10, § 703.3, passed 3-18-1993)
(E) Setback and yard requirements. No building or structure shall hereafter be erected or structurally altered in the IL, IG, or IH Districts unless the following setbacks are provided and maintained in connection with the buildings:
(1) Front. A front setback of at least 1/2 adjacent right-of-way or 50 feet, whichever is greater, for buildings under 25 feet in height. For buildings exceeding 25 feet in height, the minimum front setback shall be increased by 1 foot for each 2 feet or fraction thereof by which the building height exceeds 25 feet, but in no case shall a front setback of more than 60 feet be required; and
(2) Side. Side setbacks equal to at least 10% of the lot width to a maximum of 20 feet, except on corner lots, where the side setback adjoins a street, the side setback shall be the same as the front setback.
(Ord. 1992-10, § 704, passed 3-18-1993)
Posted: June 29th, 2008 by
admin under Code of Ordinances.
§ 155.050 HC - HEALTH CARE DISTRICTS.
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* PROBLEM HERE *
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Posted: June 29th, 2008 by
admin under Code of Ordinances.
§ 155.051 SPECIAL DISTRICTS.
(A) Special district purposes. The special districts are established to provide protection to unique resources and features in the community which are not included within the other standard zoning classifications.
(Ord. 1992-10, § 800, passed 3-18-1993)
(B) The F Floodway District.
(1) Purpose. The F Floodway District is established to prevent encroachments into stream beds and watercourses which will unduly increase flood height and damage and to prevent the loss of life and excessive damage to property and crops.
(Ord. 1992-10, § 801.1, passed 3-18-1993)
(2) Permitted uses. The following uses and none other shall be permitted in any F District as shown on the official floodway map of the Village, provided that no building or structure, other than fences for agricultural purposes, shall be erected in that district, and further provided that the natural drainage grade shall not be substantially altered.
(a) Uses permitted in an adjoining district, provided that, where a floodway district separates or adjoins 2 different districts, permitted uses shall be those of the most restrictive of the districts, further provided that parking lots in Floodway Districts shall not be used for parking, stopping or standing of motor vehicles for more than 24-hour periods, and further provided that all storage of goods shall be in movable containers designed for the storage of goods, and that no acids, caustics, explosives, or highly flammable liquids, trash, rags, bottles, junk, or any other thing resembling junk may be stored or deposited in any Floodway District; and
(b) Parks, recreation and open space, streets, bridges, and creek and storm drainage facilities.
(Ord. 1992-10, § 801.2, passed 3-18-1993)
(3) Special uses. The following uses, when in harmony with uses in contiguous areas, may be allowed as special uses, following specific action by the Board of Trustees in accordance with the provisions of §§ 155.140 through 155.152:
(a) Circuses, carnivals, and similar amusement enterprises, provided that they are not in operation for more than 90 days in any calendar year;
(b) Any building or special use permitted in an adjoining district, provided that:
1. Where a Floodway District separates or adjoins 2 different districts; permitted uses shall be those of the more restrictive of the districts;
2. An analysis has been made establishing that the building or uses will not be subject to future inundation and that the remaining channel will be adequate to accommodate future runoff;
3. The use permitted is compatible with the standards of the neighborhood;
4. No acids, caustics, explosives, or highly flammable liquids, trash, rags, bottles, junk, or any other thing resembling junk may be stored or deposited in any Floodway District.
(c) Summer homes or cabins, for seasonal and not permanent or year-round occupancy, provided the first floor elevation is above the high-water line;
(d) Boat docks, private and commercial, including the selling or leasing of fishing equipment and bait; and
(e) Any other uses customarily accessory or incidental to the above uses.
(Ord. 1992-10, § 801.3, passed 3-18-1993)
(4) Conditions of use. In the F Floodway District, the following additional conditions shall pertain:
(a) No filling of land shall be permitted, except when approved by the Village Board in compliance with the provisions of §§ 155.140 through 155.152, and to those conditions as may be stipulated to protect the public interest;
(b) The natural drainage grade shall not be substantially altered except as executed or authorized by the governing authorities;
(c) Any structures permitted shall be placed so as to offer the minimum obstruction to the flow of water and shall be firmly anchored to prevent the structure from floating away and thus threatening to restrict further bridge openings and other restricted sections of the stream;
(d) Where engineering and other studies are needed to determine the effect of the structure on the flow of water, the Village Engineer may require the applicant to submit such data or other studies prepared by competent engineers or other technicians;
(e) All special uses permitted shall be subject to approval of the Board of Trustees in compliance with the provisions of §§ 155.140 through 155.152 and to those conditions as may be stipulated to protect the public interest;
(f) No habitable floor shall be constructed below the minimum flood elevation to be determined by floods of history; and
(g) The granting of approval of any structure or use shall not constitute a representation, guarantee, or warranty of any kind or nature by the Village or by any officer or employee of the Village of the practicality or safety of any structure or use proposed, and shall create no liability upon or cause action against that public body, officer or employee for any damage that may result pursuant thereto.
(Ord. 1992-10, § 801.4, passed 3-18-1993)
(C) The C Public Park and Conservancy District.
(1) Purpose. The C Conservancy District is intended to preserve public parks and those natural features and environments which are unique community assets so they will be protected from adverse urban development activities.
(Ord. 1992-10, § 802.1, passed 3-18-1993)
(2) Permitted uses.
(a) Public parks;
(b) Community recreation facilities; and
(c) Conservancy.
(Ord. 1992-10, § 802.1 [bis], passed 3-18-1993)
(3) Special uses.
(a) Single-family dwelling, ancillary to a permitted park or conservancy use; and
(b) Amusement and recreation services.
(Ord. 1992-10, § 802.2, passed 3-18-1993)
Posted: June 29th, 2008 by
admin under Code of Ordinances.
§ 155.065 PARKING AND LOADING REQUIREMENTS.
All parking and loading space needs generated by development shall be accommodated off-street. The parking spaces shall not be less in number than the parking space requirements of the table in § 155.070(M). The loading spaces shall not be less in number than the loading space requirements of the table in § 155.072. All required parking spaces and loading spaces shall be maintained for the life of the use.
(Ord. 1992-10, § 1000, passed 3-18-1993; Am. Ord. 1999-9, passed 8-5-1999)
Posted: June 28th, 2008 by
admin under Code of Ordinances.
§ 155.066 DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
LOADING SPACE. A dustless and durable, hard surfaced area of adequate size for the delivery vehicles expected to be used, logically and conveniently located for bulk pickup and delivery, readily accessible when required parking spaces are filled, which shall be located totally outside of any street or alley right-of-way.
PARKING SPACE. A durable, dustless and hard surfaced area adequate for parking a motor vehicle with room for opening doors on both sides, together with a clear, properly related access to a public street or alley and maneuvering room which shall be located totally outside of any street or alley right-of-way.
(Ord. 1992-10, § 1001, passed 3-18-1993)
Posted: June 28th, 2008 by
admin under Code of Ordinances.
§ 155.067 INTERPRETATION.
(A) Interpretation by Zoning Administrator. Parking spaces for other permitted or conditioned uses not listed in this section shall be determined by the Administrator based on the requirements for comparable uses.
(B) Fractional numbers. Calculated fractional numbers shall be increased to the next whole number.
(C) Preexisting parking and loading spaces. Parking and loading spaces which were in existence on the effective date of this chapter or were provided voluntarily after that date shall not hereafter be reduced in number except to conform to the requirements herein.
(D) Use exclusively for parking and loading. Parking and loading spaces shall be used solely for the intended use and not for the storage of goods, nor of vehicles which are inoperable, for lease, rent or sale, except for the sale of a vehicle at an owner’s home.
(E) Temporary waivers. The Administrator may temporarily suspend parking requirements for major unused portions of buildings for periods of 1 year, renewable for periods of 1 year.
(F) Square feet. When required parking is given by a ratio to square feet, it shall mean per square feet of gross building area.
(Ord. 1992-10, § 1002, passed 3-18-1993)
Posted: June 28th, 2008 by
admin under Code of Ordinances.