A.   Permissive Uses: Those uses permitted in a particular zoning district without any special action or approval.

   B.   Conditional Uses: Those uses in a particular zoning district which may be recommended by the zoning board of appeals and granted by the village board in accordance with the procedures and other conditions set forth in chapter 11 of this title.

      1.   Granting A Conditional Use: When a conditional use permit is granted by the village board, the usage for which the conditional use was sought shall begin within one year of the meeting date or be null and void unless a different date is specified in the permit. All permits granted under the provisions of the previous chapters shall fall under the provisions of this subsection B with the meeting date being the date of passage of this title.

      2.   Discontinuance Of A Conditional Use: No building or premises used in whole or part under a conditional use permit which remains idle or unused for a continuous period of one year, whether or not the equipment or fixtures are removed, shall again be used for that purpose unless a new permit be granted. Temporary buildings for construction purposes are permitted in any district during periods of construction.

      3.   Conditional Use Contingent On License: The village shall not be obliged to grant a conditional use for a lodging and rooming house, boarding house, or bed and breakfast house merely because the owner has obtained a license from the Henry County health department, but shall consider all pertinent factors as set forth in the Annawan zoning ordinance with relation to conditional uses. However, a conditional use may be granted to an owner who has not yet obtained a license from the Henry County health department, subject to such a license being obtained within a reasonable time approved by the village, not to exceed two (2) weeks from the granting of the conditional use. In the event that the owner does not obtain the license within the required period or any extension thereof granted by the village, or in the event the owner's license is revoked by the Henry County health department for any reason, the conditional use shall be automatically revoked and terminated. (Ord. 244, 6-10-2003)

   A.   Intent: This district is intended to preserve a rural setting of very low density and high quality for "estate" or gentleman's farm type development, while providing also for the continuance of commercial agriculture on properties of sufficient area to permit compatibility with surrounding residential development, in areas not served or immediately intended to be served by municipal services, such as sewer and water systems.

   B.   Permissive Uses:

      Cemetery.

      Controlled uses of agricultural or farming nature.

      Farm of not less than five (5) acres in size.

      Farmstead.

      Plant nursery and greenhouse.

      Publicly owned or operated park or playground.

      Roadside stand offering for sale only farm products on the premises, which stand shall be removed during any period when not in use or not in season after appropriate permits and licenses are obtained.

   C.   Height, Yard, Lot Width And Area Regulations: In accordance with chapter 6 of this title.

   D.   Off Street Parking And Loading Regulations: In accordance with chapter 7 of this title.

   E.   Conditional Uses:

      Church and school, including college and junior college.

      Country club or golf courses, except miniature golf course or golf driving range for commercial purposes.

      Home occupation.

      Hospital, nursing home, and educational, licensed religious and philanthropic institution on sites of not less than five (5) acres, provided not more than twenty percent (20%) of the site area may be occupied by the buildings and, provided further, that the buildings shall be set back from all required yard lines an additional two feet (2') for each foot of building height above that required of the A agricultural district.

      Privately operated outdoor recreational facility, including riding stable, lake, swimming pool, tennis court, and golf course, provided they are located on sites of five (5) acres or more.

      Railroad trackage.

      Single-family dwelling.

      Veterinary hospital or clinic provided that any building or enclosure so used shall be located not less than one hundred feet (100') from any street or lot line or residential district.

(Ord. 244, 6-10-2003)

   A.   Intent: The principal use of land is for single-family dwellings. These residential areas are intended to be defined and protected from encroachment of uses which are not appropriate to a residential environment. Internal stability, attractiveness, order, and efficiency are encouraged by providing for adequate light, air, and open space for dwellings and related facilities.

   B.   Permissive Uses:

Accessory building or use as follows:

Private garage and parking areas for the sole use of the occupants.

Tennis court, swimming pool, garden house, pergola, ornamental gate, barbecue oven, fireplace, and similar uses customarily accessory to residential use.

Vegetable and flower garden.

Farm of not less than five (5) acres in size.

Single-family dwelling.

   C.   Height, Yard, Lot Width And Area Regulations: In accordance with chapter 6 of this title.

   D.   Off Street Parking And Loading Regulations: In accordance with chapter 7 of this title.

   E.   Conditional Uses:

Any residential business shall be allowed as a conditional use after public hearing of the zoning board of appeals as provided under this chapter, and only after licenses have been obtained.

Barber or beauty shop.

Branch telephone exchange, transformer station, and booster or pressure regulating station, without service yard storage.

Church or temple.

Community center.

Home occupation.

Public library and similar public culture uses, located not less than twenty feet (20') from any side lot line in any residential district.

Public school or school offering general educational courses the same as ordinarily given in a public school, private preschool, play, special, and other private school.

Publicly owned or operated park or playground. (Ord. 244, 6-10-2003)

   A.   Intent: The principal use of land is for single-family dwellings. These residential areas are intended to be defined and protected from encroachment of uses which are not appropriate to a residential environment. Internal stability, attractiveness, order, and efficiency are encouraged by providing for adequate light, air, and open space for dwellings and related facilities.

   B.   Permissive Uses:

Accessory building or use as follows:

Private garage and parking areas for the sole use of occupants.

Tennis court, swimming pool, garden house, pergola, ornamental gate, barbecue oven, fireplace, and similar uses accessory to residential use.

Vegetable and flower garden.

Single-family dwelling.

   C.   Height, Yard, Lot Width And Area Regulations: In accordance with chapter 6 of this title.

   D.   Off Street Parking And Loading Regulations: In accordance with chapter 7 of this title.

   E.   Conditional Uses:

Home occupation.

Publicly owned or operated park or playground. (Ord. 244, 6-10-2003)

   A.   Intent: The principal use of land may range from single-family to medium density multi-family units. Internal stability, attractiveness, order, and efficiency are encouraged by providing for adequate light, air, and open space for dwellings and related facilities.

   B.   Permissive Uses:

Accessory building or uses as follows:

Private garage and parking areas for the sole uses of the occupants.

Tennis court, swimming pool, garden house, pergola, ornamental gate, barbecue oven, fireplace, and similar uses customarily accessory to residential uses.

Vegetable and flower garden.

Duplex dwelling not to exceed two (2) units. Village meeting of adjoining property owners within five hundred feet (500') with a seventy five percent (75%) majority necessary.

Single-family dwelling.

   C.   Height, Yard, Lot Width And Area Regulations: In accordance with chapter 6 of this title.

   D.   Off Street Parking And Loading Regulations: In accordance with chapter 7 of this title.

   E.   Conditional Uses:

Branch telephone exchange, transformer station, and booster or pressure regulating station, without service yard storage.

Childcare center, not to exceed five (5) children.

Church or temple.

Community center.

Country club with golf course, swimming pool, tennis court, and similar recreational uses, provided that any principal building or swimming pool shall be located not less than one hundred feet (100') from any lot in any residential district.

Home occupation.

Hospital, clinic, nursing home, housing for the elderly, and educational, philanthropic, and licensed religious institution, provided not more than fifty percent (50%) of the site area may be occupied by buildings.

Public library and similar public culture uses, located not less than twenty feet (20') from any side lot line in any residential district.

Public school or school offering general educational courses the same as ordinarily given in a public school, private preschool, play, special, and other private school.

Publicly owned or operated park or playground. (Ord. 244, 6-10-2003)

   A.   Intent: The principal use of land may range from single-family to medium density multi-family units. Internal stability, attractiveness, order, and efficiency are encouraged by providing for adequate light, air, and open space for dwellings and related facilities.

   B.   Permissive Uses:

Accessory building or uses as follows:

Private garage and parking areas for the sole use of the occupants.

Tennis court, swimming pool, garden house, pergola, ornamental gate, barbecue oven, fireplace, and similar uses customarily accessory to residential use.

Vegetable and flower garden.

Farm of not less than five (5) acres in size.

Multi-family dwelling no less than four (4) units per building.

Single-family dwelling.

   C.   Height, Yard, Lot Width And Area Regulations: In accordance with chapter 6 of this title.

   D.   Off Street Parking And Loading Regulations: In accordance with chapter 7 of this title.

   E.   Conditional Uses:

Barber or beauty shop in accordance with the provisions of section 10-5-3 of this chapter.

Bed and breakfast house, in accordance with the provisions of section 10-5-4 of this chapter.

Boarding house, in accordance with the provisions of section 10-5-4 of this chapter.

Branch telephone exchange, transformer station, and booster or pressure regulating station, without service yard storage.

Cemetery.

Childcare center.

Church or temple.

Civic theater.

Community center.

Country club with golf course, swimming pool, tennis courts, and similar recreational uses, provided that any principal building or swimming pool shall be located not less than one hundred feet (100') from any lot in any residential district.

Greenhouse, florist shop, and nursery.

Home occupation.

Hospital; clinic; nursing home; housing for the elderly; and educational, philanthropic, and religious institution, provided not more than fifty percent (50%) of the site area may be occupied by buildings.

Lodging and rooming house, in accordance with the provisions of section 10-5-4 of this chapter.

Parking area accessory to a use in an adjoining less restricted district when abutting or directly across an alley, subject to the applicable conditions contained herein and such further conditions as may be stipulated by the zoning board of appeals.

Physicians' and dentists' office and private clinic for human care; professional office of architects, engineers, lawyers and the like; office devoted to real estate, insurance, management, and similar enterprises when not displaying or handling merchandise on the premises. The buildings permitted under this use shall be of a design and location compatible with the permitted residential use.

Private club or lodge, except those whose chief activity is a service customarily carried on as a business, provided any building is located not less than twenty feet (20') from any lot in any residential district.

Public library and similar public culture uses, located not less than twenty feet (20') from any side lot line in any residential district.

Public school or school offering general educational courses the same as ordinarily given in a public school, private preschool, play, special, and other private school.

Publicly owned or operated park or playground.

Studio including, but not limited to, artist, photographer, sculptor, or musician.

The conversion of existing older and large single-family dwellings shall be subject to providing a minimum of six hundred (600) square feet of living space per apartment and each apartment shall contain sleeping, cooking (kitchen), toilet, and bathing facilities and comply with the current uniform housing code. Off street parking shall be provided in accordance with chapter 7 of this title.

Two-family dwelling (duplex). (Ord. 244, 6-10-2003)

   A.   General: The following districts are intended to provide for a wide range of commercial and light industrial uses. However, any commercial or industrial use shall observe the following environmental performance standards:

      1.   Noise: All noise shall be muffled so as not to be objectionable due to intermittence, beat frequency, or shrillness, and, as measured at any property line, shall not exceed the most current noise regulations adopted by the Illinois pollution control board.

      2.   Smoke: The emission of smoke by any use shall be controlled so to be less dark in shade than that designated as no. 2 on the Ringelmann chart, published and used by the United States bureau of mines; provided, however, that smoke of a density equal to that designated as no. 2 on the Ringelmann chart may be permitted for not more than eight (8) minutes during any thirty (30) minute period and smoke of a density not exceeding that designated as no. 3 on the Ringelmann chart may be permitted for not more than six (6) minutes during any eight (8) hour period while starting or cleaning a fire.

      3.   Dust And Other Particulate Matter: The emission of dust, fly ash, and other particulate matter shall not exceed eighty five one hundredths (0.85) pound per one thousand (1,000) pounds of flue gas, measured at a convenient point in the stack and under conditions not exceeding fifty percent (50%) of excess air. The amount of solids in such gases shall be determined according to the test for dust separation apparatus of the American Society of Mechanical Engineers, revised and amended to date.

      4.   Odor: The emission of odorous matter in such quantity as to be offensive at a point along or outside any lot line shall not be permitted. In determining such quantities of offensive odors, table III (odor thresholds) in chapter 5 of the "Air Pollution Abatement Manual" (copyright 1951 by Manufacturing Chemists Association, Inc., Washington, DC) shall be used as a guide.

      5.   Glare And Heat: Any operation producing intense heat and glare shall be conducted within an enclosed building or with other effective screening in such manner as to be completely imperceptible from any point along or outside the lot lines. (Ord. 244, 6-10-2003)

   A.   Intent: This district is intended to provide for individual or small groups or retail and customer service establishments serving primarily the convenience of an individual residential neighborhood and the character, appearance, and operation of which are compatible with the character of the surrounding neighborhood. It is further intended to be incidental to the neighborhood in which located.

   B.   Permissive Uses:

Accessory use of buildings as follows:

Parking lot.

Apothecary and pharmacy.

Bakery whose products are sold at retail on the premises.

Bank and savings and loan institutions.

Barbershop and beauty parlor.

Bed and breakfast house, adequate parking necessary.

Cleaner and laundry.

Florist and greenhouse as a retail business.

Mortuary or funeral home.

Movie theater.

Physicians' and dentists' office and clinic for human care; professional office of architects, engineers, lawyers, and the like; offices devoted to real estate, insurance, management, and similar enterprises.

Repair shop for household items, including clothing.

Store for sale of goods and products at retail.

Studio including, but not limited to, photographer, sculptor, or musician.

   C.   Height And Yard Regulations: In accordance with chapter 6 of this title.

   D.   Off Street Parking And Loading Regulations: In accordance with chapter 7 of this title.

   E.   Conditional Uses:

Restaurant, except drive-in restaurants. (Ord. 244, 6-10-2003)

   A.   Intent: This district is intended to provide for the total service needs of the motoring public using the major highway system through and adjacent to Annawan and to require adequate space provisions to accommodate peculiar needs of the motorists. It is further intended to provide areas in close proximity to the major highway network and discourage through traffic on minor, local residential streets within the village.

   B.   Permissive Uses:

Accessory use of buildings as follows:

Incidental storage and light industrial use of buildings; provided, however, that these uses do not exceed forty percent (40%) of the floor space.

Parking lot.

Apothecary and pharmacy.

Bakery whose products are sold at retail on the premises.

Bank and savings and loan institutions.

Barbershop and beauty parlor.

Boarding house.

Bowling alley, dance hall, skating rink, and other commercial recreational uses.

Civic theater.

Cleaner and laundry.

Farm implement sales, storage, and repair.

Florist and greenhouse as retail business.

Mortuary or funeral home.

New and used car sales lot.

Office and office building.

Physicians' and dentists' office and clinic for human care; professional office of architects, engineers, lawyers, and the like; offices devoted to real estate, insurance, management, and similar enterprises.

Repair shop for household items, including clothing.

Restaurant.

Store for sale of goods and products at retail.

Store, shop, laundromat, and retail business or service.

Studio including, but not limited to, artist, photographer or musician.

Theater and assembly hall.

   C.   Height And Yard Regulations: In accordance with chapter 6 of this title.

   D.   Off Street Parking And Lot Regulations: In accordance with chapter 7 of this title. (Ord. 244, 6-10-2003)

   A.   General Description: This industrial district is established to provide areas in which the principal use of land is for light manufacturing and assembly plants, processing, storage, warehousing, wholesaling, and distribution. It is the intent that permitted uses are conducted so that noise, odor, dust and glare of each operation is completely confined within an enclosed building or structure. Although these industries may require direct access to transportation routes, the size and volume of the raw materials or finished products involved should not produce the volume of freight generated by the use of the heavy industrial districts. These regulations are intended to prevent friction between uses within the district and protect nearby A or R districts.

   B.   Permitted Uses: Property and buildings in an I-1 light industrial district shall be used only for the following purposes:

      1.   Any use, except dwellings, permitted in the B-1 business district and B-2 business district. No dwelling use, except sleeping facilities required by caretakers or night watchmen employed on the premises, shall be permitted in an I-1 light industrial district.

      2.   Those uses which employ more than ten (10) employees on the premises, such as: bakeries, dry cleaning and commercial laundries, lumber supply houses, printing establishments and plumbing shops.

      3.   Freighting or trucking yard or terminal.

      4.   The following uses when conducted within a completely enclosed building:

         a.   The manufacturing, compounding, assembling, or treatment of articles prepared from bone, cellophane, canvas, cloth, cork, feathers, felt fibre, fur, glass, hair, leather, paper, plastic, stone, shell, textiles, tobacco, wood, yarn, and paint not employing a boiling process.

         b.   The manufacture of pottery and similar ceramic products.

         c.   The manufacture and maintenance of electric and neon signs, light sheet metal products including heating and ventilating ducts and similar products.

         d.   Automobile assembling, painting, upholstering, rebuilding, reconditioning body and fender works, truck repairing and overhauling, tire retreading or recapping, and battery manufacturing.

         e.   Machine shop.

         f.   Foundry casting lightweight nonferrous metal not causing noxious fume or odors.

         g.   Assembly of electrical appliances, electronic instruments and devices, radio and phonographs, including the manufacture of small parts only, such as coils, condensers, transformers and similar such equipment.

      5.   Buildings, structures, and uses accessory and customarily incidental to any of the above uses.

      6.   Warehouse and storage buildings, including feed and seed stores.

      7.   Frozen food locker.

The uses permitted under this subsection shall be conducted in such a manner that no noxious odor, fumes or dust will be emitted beyond the property line of the lot on which the use is located.

   C.   Height Regulations: No building shall exceed three (3) stories or forty feet (40') in height except as herein provided.

   D.   Area Regulations: All buildings within the I-1 light industrial district shall comply with the following yard requirements:

      1.   Intensity Of Use: No building or buildings shall cover more than eighty percent (80%) of the lot area.

      2.   Front Yard: All buildings shall be set back from the street or highway right of way a depth of not less than ten feet (10').

      3.   Side Yard: No side yard shall be required, except if an I-1 light industrial district abuts an R or A district in which case a side yard of not less than ten feet (10') shall be required on the side abutting the R or A district.

      4.   Rear Yard: No rear yard shall be required, except if an I-1 light industrial district abuts an R or A district or a building is to be serviced from the rear in which case a rear yard of twenty five feet (25') shall be required. If a rear yard is required, this area may be used for an alley or service court if an adequate maneuvering area can be provided.

When a rear or side yard is required because an I-1 light industrial district abuts an R or A district, a screening fence of not less than four (4) nor more than six feet (6') maintained in good condition shall be required, or a screening hedge or other landscaping of not less than four (4) nor more than six feet (6') maintained in good condition shall be required.

   E.   Off Street Parking Requirements: All buildings within the I-1 light industrial district shall provide off street parking spaces of not less than one hundred eighty (180) square feet for every three (3) employees on any one working shift. In addition to these spaces, adequate area for trucks and vehicles used in the conduct of the enterprise shall be provided.

   F.   Off Street Loading Requirements: All buildings within the I-1 light industrial district shall provide off street loading spaces of not less than twelve feet (12') wide, thirty five feet (35') in length and have a minimum vertical clearance of fourteen feet (14') and may occupy all or part of any required yard. One such loading space shall be provided for the first ten thousand (10,000) square feet of gross floor area, and one additional loading space for each additional fifteen thousand (15,000) square feet or fraction thereof. (Ord. 314, 3-23-2009)

   A.   General Description: This industrial district is intended to provide for heavy industrial uses and other uses not otherwise provided for in the districts established in this title. The intensity and type of use makes it most desirable that the uses in the I-2 heavy industrial district be separated and/or located downwind from residential and commercial uses.

   B.   Permitted Uses: Property and buildings in an I-2 heavy industrial district may be used for any of the following:

Any use, except dwellings, permitted in the I-1 light industrial district. No dwelling use, except sleeping facilities required by caretakers or night watchmen employed on the premises, shall be permitted in an I-2 heavy industrial district.

Petroleum or its products, refining and bulk storage of.

Ready-mix cement plant.

The manufacturing, compounding, storage or treatment of such products as dairy products and foodstuffs. This shall include grain elevators and related uses.

   C.   Uses Permitted On Review: The following uses may be permitted upon review by the zoning board of appeals in accordance with the provisions of this chapter:

Acid manufacture.

Adult bookstores, except that no such establishment shall be permitted within one thousand feet (1,000') of any church, school, public park or other adult bookstore.

Any use not otherwise authorized by this title.

Distillation of bones and glue manufacture.

Explosives manufacture and storage.

Fat rendering and fertilizer manufacture.

Garbage, offal, or dead animals, reduction or dumping of.

   D.   Height Regulations: No building shall exceed three (3) stories or forty feet (40') in height.

   E.   Area Regulations: All buildings within the I-2 heavy industrial district shall comply with the following yard requirements:

      1.   Intensity Of Use: No building or buildings shall cover more than eighty percent (80%) of the lot area.

      2.   Front Yard: All buildings shall be set back from the street or highway right of way a depth of not less than ten feet (10').

      3.   Side Yard: No side yard shall be required, except if an I-2 heavy industrial district abuts an R or A district in which case a side yard of not less than ten feet (10') shall be required on the side abutting the R or A district.

      4.   Rear Yard: No rear yard shall be required, except if an I-2 heavy industrial district abuts an R or A district or a building is to be serviced from the rear in which case a rear yard of twenty five feet (25') shall be required. If a rear yard is required, this area may be used for an alley or service court if an adequate maneuvering area can be provided.

When a rear or side yard is required because an I-2 heavy industrial district abuts an R or A district, a screening fence of not less than four (4) nor more than six feet (6') maintained in good condition shall be required, or a screening hedge or other landscaping of not less than four (4) nor more than six feet (6') maintained in good condition shall be required.

   F.   Off Street Parking Requirements: All buildings within the I-2 heavy industrial district shall provide off street parking spaces of not less than one hundred eighty (180) square feet for every three (3) employees on any one working shift. In addition to these spaces, adequate area for trucks and vehicles used in the conduct of the enterprise shall be provided.

   G.   Off Street Loading Requirements: All buildings within the I-2 heavy industrial district shall provide off street loading spaces of not less than twelve feet (12') wide, thirty five feet (35') in length and have a minimum vertical clearance of fourteen feet (14') and may occupy all or part of any required yard. One such loading space shall be provided for the first ten thousand (10,000) square feet of gross floor area, and one additional loading space for each additional fifteen thousand (15,000) square feet or fraction thereof. (Ord. 314, 3-23-2009)

   A.   Intent: This district is intended to provide a direct link between the zoning ordinance and the flood control regulations by identifying those areas subject to flood hazard because of their location within the 100-year flood year.

   B.   Permissive Uses: Any use permitted in the underlying zone provided it complies with the Annawan flood control regulations.

   C.   Conditional Uses: Any conditional use permitted in the underlying zone provided it complies with the Annawan flood control regulations. (Ord. 244, 6-10-2003; amd. Ord. 314, 3-23-2009)

   A.   General Requirements: Whenever optional methods of residential land development are created which are more imaginative in design, allowances in requirements may be granted if the following provisions are fulfilled:

No planned unit development, including single-family or mixed single- and multiple-family dwellings, shall be established to occupy less than five (5) acres. Multiple- family unit developments may be established in zoning districts of not less than four (4) acres. In no case shall either type of planned unit development be allowed which does not provide either a public or private sewage system approved by the state of Illinois department of public health.

   B.   Permitted Principal And Accessory Uses And Structures:

Community facilities such as churches and other religious institutions and nonprofit organizations.

Educational uses.

Multiple-family dwellings.

Recreational uses. Recreational uses may include community center, swimming pools, parks, playgrounds, and related uses not of a strict commercial nature. Any structure erected for recreational use shall not be located closer than twenty five feet (25') to all property lines.

Single-family attached and detached dwellings.

Two-family dwellings.

   C.   Uses Permitted On Review: Any uses permitted on review in a planned development area shall coincide with those uses permitted on review in the R-1 and R-2 residential districts.

   D.   Area Regulations: All buildings shall be set back from street right of way lines and periphery of the project to comply with the following requirements:

      1.   Front Yard: There shall be a front yard of a depth not less than twenty five feet (25') for any single-family dwelling. Front yard requirements for multiple-family dwellings shall be determined by the administrative officer.

      2.   Periphery Boundary: All buildings shall have a setback requirement from the periphery boundary of not less than twenty five feet (25').

      3.   Lot Area And Frontage: In no case shall a lot for a single- family dwelling be created with an area of less than four thousand five hundred (4,500) square feet or a frontage of less than fifty feet (50') at the front building line.

   E.   Off Street Parking: The requirements for off street parking shall be the same as those required in the R-1 or R-2 districts depending on the type of development.

   F.   Administrative Procedure:

      1.   The developer of any tract of land suitable for a planned development area may submit an application to the administrative officer. The development plan shall be referred to the board of appeals by the administrative officer for study and report and public hearing. The board of appeals, following the public hearing, shall make recommendations to the village board, said recommendations shall be accompanied by a statement that the proposed planned unit development meet the following conditions:

         a.   The application must be accompanied by an overall development plan showing use or uses, dimensions, and locations of proposed streets, parks, playgrounds, school sites, and other open spaces, with the pertinent information as may be necessary to determine the contemplated arrangement or use which makes it desirable to apply regulation requirements different from those ordinarily applicable under this title.

         b.   The proposed development plat shall be prepared by a registered professional engineer.

         c.   That property adjacent to the area included in the plan will not be adversely affected.

         d.   The plan is consistent with the intent and purpose of this title to promote public health, safety and welfare.

         e.   The buildings shall be used only for single-family or multiple-family dwellings and the usual accessory uses such as garages, open spaces, educational and other community facilities.

         f.   The tract or parcel of land involved must be either in one ownership or the subject of an application filed jointly by the owners of all the property included or filed by any governmental agency.

      2.   The village board shall take action on the approval or disapproval of a proposed planned unit development following the receipt of the board of appeals recommendation on said planned unit development.

      3.   If the village board approves the plans for a planned development, certificates of occupancy may be issued in accordance with the plan even though the use of land and the location of the buildings to be erected in the area, and the yards and open spaces provided in the plan do not conform in all respects to the district regulations of the district in which it is located.

      4.   Upon abandonment of a particular project authorized under this section or upon the expiration of three (3) years from the issuance of a planned development authorization which has not been completed (or commenced and an extension of time for completion granted), the authorization shall expire and the area allotted for a planned development shall revert to the zoning district which governed prior to the planned development authorization. The land and structures thereon may be used without such approval for any other lawful use permissible within the use, height, and area district regulations of the previous district.

      5.   Failure to file an application for review and approval of the planned unit development within one year of the planned development authorization shall render such authorization null and void and the area so authorized shall return to its prior district classification. (Ord. 313, 3-12-2009; amd. Ord. 314, 3-23-2009)

   A.   Intent: If within the districts established by this code or amendments that may later be adopted, there exist lots, structures, uses of land or structures, and characteristics of use which were lawful before this title was passed or amended but which would be prohibited, regulated, or restricted, it is the intent of this title to permit these nonconformities to continue until they are removed but not to encourage their survival under the terms of this title. It is further the intent of this title that nonconformities shall not be enlarged upon, expanded, or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district, except as provided.

Nonconforming uses are declared by this title to be incompatible with permitted uses in the districts involved. A nonconforming use of structure and land in combination shall not be extended or enlarged after the passage date hereof by attachment on a building or by the addition of other uses of a nature which would be prohibited generally in the district involved, except as provided.

   B.   Nonconforming Lots Of Record: In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on a lot of record which becomes nonconforming as to lot area or lot width or both by the adoption or subsequent amendment of this title or in any other residential district a building and customary accessory buildings may be erected on a lot of record which becomes nonconforming as to lot width by the adoption of subsequent amendment of this title, provided that the building, housing, mechanical, electrical, plumbing, and other construction standards and requirements can be met and provided further that if such nonconforming lot of record is at the time of adoption of this title or hereafter vacant and has contiguous lots of record which are in common ownership or unified control, then such contiguous lots of record or at least such portion thereof as is necessary to meet or exceed the minimum lot area and width requirements of the district in which they are located shall be used and developed only as a single lot. Any person who conveys property or terminated the unified control of such contiguous lots of record so as to frustrate the purpose of the foregoing provision shall be deemed to have violated the provisions of this title.

   C.   Nonconforming Uses Of Land: Where at the time of passage of this title or subsequent more restrictive amendment thereto, a lawful use of land exists which would not be permitted by the regulations imposed, the use may be continued so long as it remains otherwise lawful, provided:

      1.   No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date hereof.

      2.   No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date hereof.

      3.   If any such nonconforming use of land ceases for any reason for a period of more than thirty (30) consecutive days, any subsequent use of such land shall conform to the regulations specified by this title for the district in which such land is located.

      4.   No additional structure not conforming to the requirements of this title shall be erected in connection with such nonconforming use of land.

   D.   Nonconforming Structures: Where a lawful structure exists at the effective date hereof that could not be built under the terms of this title by reasons of restrictions on the area, lot coverage, height, yards its location on the lot or other zoning requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful.

   E.   Nonconforming Uses Of Structures: If a lawful use involving individual structures with a fair cash market value cost one thousand dollars ($1,000.00) or more, or of structure and land in combination, exists at the effective date hereof that would not be allowed in the district under the terms of this chapter, the lawful use may be continued as long as it remains otherwise lawful, subject to the following provisions:

      1.   No existing structure devoted to a use not permitted by this title in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.

      2.   Any nonconforming use may be extended throughout any parts of a building which is manifestly arranged or designed for such use at the time of adoption or amendment of this title, but no such use shall be extended to occupy any land outside such building.

      3.   When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for six (6) consecutive months or for eighteen (18) months during any three (3) year period (except when government action impeded access to the premises) the structure, or structure and premises in combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located.

      4.   Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land. "Destruction" for the purpose of this subsection E4 is defined as damage to an extent of more than fifty percent (50%) of the fair cash market value at the time of destruction.

   F.   Nonconforming Off Street Parking And Loading Areas:

      1.   In any district where off street parking or loading areas or four (4) or more spaces are provided, such areas and private drives or accessways from the public right of way to or through these parking areas, shall be required to fully comply with the design and construction requirements of this title for off street parking and loading.

      2.   In any residential zoning district, all off street parking areas of three (3) or fewer spaces and private drives or accessways from the public right of way to or through these parking areas, shall be required to comply with the design, construction, and maintenance standards provided in this title, but only in the event a building permit is required for alteration of an existing garage or construction of a new garage accessory to the residential uses. This subsection is subject to the common drive.

   G.   Repairs And Maintenance: On any nonconforming structure or portion of a structure containing a nonconforming use, ordinary repairs, or repair or replacement of nonbearing walls, fixtures, wiring or plumbing may be made to an extent not exceeding fifty percent (50%) of the fair cash market value of the nonconforming structure provided that the cubic content existing when it became nonconforming shall not be expanded. (Ord. 244, 6-10-2003; amd. Ord. 313, 3-12-2009; Ord. 314, 3-23-2009; Ord. 393, 8-10-2019)