In order to classify, regulate, and restrict the locations of businesses, industries, and the location of buildings designed for specified uses; to regulate and limit the height and bulk of buildings; to regulate and limit the intensity of the use of lots; and to regulate and determine the area of yards, courts and other open spaces within and surrounding buildings, the village is divided into the following seven districts:

(1)

R-1 low-density residential district.

(2)

R-2 high-density residential district.

(3)

R-3 manufactured home park subdivision district.

(4)

B-1 business commercial district.

(5)

M-1 light industrial district.

(6)

M-2 general industrial district.

(7)

A-1 recreational district.

(Code 1999, § 40-4-1; Ord. No. 2002-13, art. 4, § 1, 8-14-2002)

The boundaries of the districts are shown on the maps filed in the office of the village clerk, and the districts are described in the rest of this chapter. The original of each district map shall be properly attested to and filed along with the official signed and attested copy of the zoning regulations, in the office of the village clerk. No amendment, new zoning district map, new boundary, boundary change, or any entry is to be made or become effective in the future after final adoption of this chapter until after the amendment, new zoning district map, new boundary, boundary change or entry has been recorded, changed, or entered on the original official zoning district map adopted as part of this chapter.

(Code 1999, § 40-4-2; Ord. No. 2002-13, art. 4, § 2, 8-14-2002)

Where uncertainty exists with respect to the boundaries of any of the districts shown on the zoning district maps, the following rules shall apply:

(1)

Where district boundaries are indicated as approximately following the centerlines of streets or highways, street lines, or highway right-of-way lines, such centerlines, street lines, or highway right-of-way lines shall be construed to be the boundaries.

(2)

Where district boundaries are so indicated that they approximately follow lot lines, township lines, section lines, half-section lines, quarter-section lines or one-eighth-section lines, such lines shall be construed to be the boundaries.

(3)

Where district boundaries are so indicated that they are approximately parallel to the centerlines or street lines of streets, or the centerlines or right-of-way lines of highways, such district boundaries shall be considered as being parallel to and at a distance from such lines as shown on the zoning district maps. If no distance is given, the dimension of the district shall be determined by use of the scale shown on the zoning district maps.

(4)

Where the boundary of any zoning district follows a stream, lake or other body of water, the district boundary line shall be the same as for the jurisdictional limit of the village, unless otherwise indicated.

(5)

The district boundaries are either streets or alleys unless otherwise shown, and where the districts designated on the maps made a part of this chapter are bounded approximately by street or alley lines, the street or alley shall be construed to be the boundary of the district.

(6)

Where the district boundaries are not otherwise indicated, and where the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be the lot lines, and where the districts designated on the maps made a part of this chapter are bounded approximately by lot lines, the lot lines shall be construed to be the boundaries of the districts unless the boundaries are otherwise indicated on the map.

(7)

In unsubdivided property, the district boundary lines on the maps made a part of this chapter shall be determined by use of the scale appearing on the maps.

(Code 1999, § 40-4-3; Ord. No. 2002-13, art. 4, § 3, 8-14-2002)

It shall be the responsibility of the village board prior to or at the time of annexation to establish the zoning district classification for the territory proposed for annexation.

(Code 1999, § 40-4-4; Ord. No. 2002-13, art. 4, § 4, 8-14-2002)

Whenever any street, alley, public way, railroad right-of-way, waterway or other similar area is vacated by proper authority, the districts adjoining each side of such street, alley, public way, railroad right-of-way or similar area shall be extended automatically to the center of such vacation, and all area included in the vacation shall then and thenceforth be subject to all appropriate regulations of the extended districts. In the event of partial vacation, the adjoining district or district nearest the portion vacated shall be extended automatically to include all the vacated area.

(Code 1999, § 40-4-5; Ord. No. 2002-13, art. 4, § 5, 8-14-2002)

(a)

The village board may, by special permit after public hearing, authorize the location of any of the following buildings or uses in a district from which they are prohibited by this chapter, and may also permit an increase in the height of any such buildings:

(1)

Any public building erected or used by any department of the school district or village, county, state or federal governments.

(2)

Private schools, including nurseries, pre-kindergartens, kindergartens, playschools and special schools.

(3)

Clinics and institutions, including educational, religious and philanthropic institutions and convalescent homes; provided, however, that such buildings occupy not over 40 percent of the total area of the lot and will not have any serious depreciating effect upon the value of the surrounding property; and provided, further, that the buildings shall be set back from all yard lines a distance of not less than one foot for each foot of building height, and that adequate off-street parking space is provided.

(4)

Funeral homes and cemeteries.

(5)

Community buildings and recreation fields.

(6)

Airports or landing fields.

(7)

Greenhouses and nurseries.

(8)

Hotels and motels.

(9)

Private recreational uses where buildings do not cover more than five percent of the area of the site.

(10)

Roadside stands and recreational activities for temporary or seasonal periods.

(11)

Radio and television towers and broadcasting stations.

(12)

Extraction of raw materials.

(13)

Parking lots on land not more than 300 feet from the boundary of any business commercial zoning district.

(14)

Clubs and semi-public buildings.

(b)

Before issuance of any special permit of any of buildings or uses listed in subsection (a) of this section, the village board shall refer the proposed be given 30 days in which to make a report regarding the effect of such proposed building or use upon the character of the neighborhood, traffic conditions, public utility facilities and other matters pertaining to the public health, safety and general welfare. No action shall be taken upon any application for a proposed building or use referred to above until and unless the report of the planning commission has been filed; provided, however, that if no report is received from the planning commission within 30 days, it shall be assumed that approval of the application has been given by the commission.

(c)

The right to conduct the specially permitted use is, accordingly, incident to the premises to which it pertains. A specially permitted use may be rebuilt if damaged or destroyed. However, the use shall be subject to the terms and conditions of the special use permit.

(Code 1999, § 40-14-1; Ord. No. 2002-13, art. 3, § 1, art. 14, § 1, 8-14-2002)

Locating the main entrance of any residential dwelling unit located or constructed in the village so that the main entrance faces an alley is expressly prohibited.

(Code 1999, § 40-14-2; Ord. No. 2002-13, art. 14, § 2, 8-14-2002)

On corner lots, in the triangular portion of land bounded by the street lines of such corner lots and a line joining the two points, each of which is on one street line and 30 feet from the point of intersection, no obstruction, whether natural or manmade, shall intrude into the air space that is between two and ten feet above the level of the adjacent street.

(Code 1999, § 40-14-3; Ord. No. 2002-13, art. 14, § 3, 8-14-2002)

It shall be unlawful to maintain or construct any fence composed in whole or in part of barbed wire, or with any similar material designated to cause injury to persons, or any wire charged with electrical current, or any fence composed of sharp pointed material, anywhere within three feet of any public street, sidewalk, alley, park or other public way or place, unless such barbs or charged wire are at least eight feet above the level of such public place, except in an agricultural or conservation zone district.

(Code 1999, §§ 27-2-6, 33-2-17)

Temporary buildings used in conjunction with construction work only may be permitted in any zoning district during the period that the building is being constructed, but such temporary buildings shall be removed upon completion of the construction work.

(Code 1999, § 40-13-9; Ord. No. 2002-13, art. 13, § 9, 8-14-2002)

Where a lot or tract is used for a commercial or industrial purpose, more than one main building may be located upon the lot or tract, but only when such buildings conform to all open space requirements around the lot for the district in which the lot or tract is located.

(Code 1999, § 40-13-10; Ord. No. 2002-13, art. 13, § 10, 8-14-2002)

For the purpose of the side yard regulations, a two-family dwelling or a multiple dwelling shall be considered as one building occupying one lot. No side yards are required where dwelling units are erected above commercial or industrial structures.

(Code 1999, §§ 40-13-8, 40-13-11; Ord. No. 2002-13, art. 13, §§ 8, 11, 8-14-2002)

The following principal uses are permitted in R-1 districts:

(1)

Single-family dwellings, excluding manufactured homes.

(2)

Single-family modular homes.

(3)

Community residences, as that term is defined herein.

(4)

Temporary buildings for uses incidental to construction work, which buildings shall be removed upon the completion or abandonment of the construction work.

(5)

Signs:

a.

A sign, sign board or nameplate not to exceed six square feet in area, pertaining to the sale or lease of the premises or trespassing thereon. The signs, sign boards or nameplates may be back-lighted or fore-lighted. The signs, sign boards or nameplates shall not be equipped with flashing lights.

b.

Church or public building bulletin boards not exceeding 20 square feet in area.

c.

Occupational signs.

(Code 1999, § 40-5-2; Ord. No. 2002-13, art. 5, § 2, 8-14-2002; Ord. No. 2012-68, § 2, 5-9-2012)

(a)

Accessory buildings and uses customarily incident to permitted principal uses, including private garages, are allowed in R-1 districts. Any accessory building that is not a part of the main structure shall be located behind the building setback line of the main structure and not less than five feet from any other property line. Accessory uses shall not include the raising of poultry, pets or livestock on a scale that would be objectionable because of noise or odor to surrounding residences. No accessory building shall be constructed upon a lot until the construction of the principal building has been actually commenced. Accessory buildings may be constructed on a lot adjoining a lot having a principal building when both lots have the same owner.

(b)

Private swimming pools appurtenant to a dwelling on the same lot, are allowed in R-1 districts when meeting yard depth and yard width requirements for principal buildings in the district, and when the swimming pool or property on which it is located is adequately fenced to prevent access of small children and meets all applicable health and safety requirements.

(Code 1999, § 40-5-3; Ord. No. 2002-13, art. 5, § 3, 8-14-2002)

The following special uses are allowed in R-1 districts:

(1)

Nurseries and truck gardens.

(2)

Parks, playgrounds, and community buildings owned and operated by a public agency.

(3)

Churches, provided that any church constructed on a new site shall provide off-street parking space upon the lot or within 200 feet thereof, which space is adequate to accommodate one car for every four persons for which seating is provided in the largest area.

(4)

Public schools, elementary and high school, or private schools having a curriculum equivalent to a public elementary school or public high school, and having no rooms regularly used for housing or sleeping purposes.

(5)

Day care centers.

(6)

Home occupations, provided that:

a.

The total area used for such home occupation occupies no more than 50 percent of the gross floor area of the dwelling, or 300 square feet of the dwelling, whichever is less.

b.

In any residential district, a principal residential building shall not be altered to accommodate a home occupation in such a way as to materially change the residential character of the building.

c.

Outdoor (unenclosed) storage on the premises of equipment or materials used in connection with a home occupation is prohibited.

d.

The home occupation does not generate any offensive noise, vibration, smoke, dust, odors, heat, glare, or electrical interference noticeable at or beyond the lot lines.

(7)

Modular or manufactured homes used as single-family dwellings and placed on a lot on a permanent perimeter foundation permanently anchored to the ground, and having skirting around the perimeter of the structure consisting of stone materials or concrete mortared block or brick.

(8)

Signs other than a sign or sign board as defined in section 42-2.

(Code 1999, § 40-5-4; Ord. No. 2002-13, art. 5, § 4, 8-14-2002)

With the exception of home occupations, all commercial and industrial uses are prohibited in the R-1 district.

(Code 1999, § 40-5-5; Ord. No. 2002-13, art. 5, § 5, 8-14-2002; Ord. No. 2013-80, § 1, 10-9-2013)

Off-street parking facilities shall be provided in the ratio of one space per single-family residential unit.

(Code 1999, § 40-5-6; Ord. No. 2002-13, art. 5, § 6, 8-14-2002)

No building shall exceed 2½ stories or 35 feet in height, except as provided for in article IV of this chapter.

(Code 1999, § 40-5-7; Ord. No. 2002-13, art. 5, § 7, 8-14-2002)

(a)

Front yard. There shall be a front yard having a depth of not less than 25 feet. When a lot is located at the intersection of two or more streets, there shall be a front yard on one street side of a corner lot. The side yard of such corner lots shall be equal to one-half of the front yard setback. No accessory building shall project beyond the front yard line on either street.

(b)

Side yard. Except as provided for in article IV of this chapter, there shall be a side yard on each side of a building having a width of five feet or ten percent of the average width of the lot, whichever amount is greater.

(c)

Rear yard. Except as provided for in article IV of this chapter, there shall be a rear yard having a depth of not less than 25 feet.

(Code 1999, § 40-5-8; Ord. No. 2002-13, art. 5, § 8, 8-14-2002)

All buildings, including accessory buildings, shall cover not more than 40 percent of the area of the lot. Every R-1 residential lot shall have an area of not less than 5,000 square feet per family and shall have an average lot frontage of not less than 40 feet, except that if a lot of record has less area or width than herein required and has been duly recorded prior to the date of the passage of this Code, such lot may be used for any purpose permitted in this article.  

(Code 1999, § 40-5-9; Ord. No. 2002-13, art. 5, § 9, 8-14-2002)

(a)

In the R-1 district, there shall be not more than one principal residential building on a lot nor shall a principal residential building be located on the same lot with another principal building.

(b)

No accessory structures shall be constructed closer than five feet to any lot line or in any side or front yard except a fence not to exceed six feet in height along a lot line.

(Code 1999, § 40-5-10; Ord. No. 2002-13, art. 5, § 10, 8-14-2002)

Any principal use permitted in the R-1 district and two-family residential units are allowed in R-2 districts.

(Code 1999, § 40-6-2; Ord. No. 2002-13, art. 6, § 2, 8-14-2002)

Permitted accessory uses for the R-2 district shall be identical to those set forth in this article for the R-1 district in section 42-63, except that storage garages accessory to multiple dwellings, clinics, or institutional buildings shall be located not less than 60 feet from any other street line when such storage garages are not a part of the main building.

(Code 1999, § 40-6-3; Ord. No. 2002-13, art. 6, § 3, 8-14-2002)

The following special uses are allowed in R-2 districts:

(1)

Permitted special uses identical to those set forth in the R-1 district in section 42-64.

(2)

Multiple-family dwellings, regardless of the number of units.

(Code 1999, § 40-6-4; Ord. No. 2002-13, art. 6, § 4, 8-14-2002)

Each two-family dwelling, private club, fraternity, sorority, lodge or roominghouse shall provide off-street parking in the ratio of one space per living unit. Each multifamily dwelling shall provide off-street parking in the ratio of two spaces per living unit.

(Code 1999, § 40-6-5; Ord. No. 2002-13, art. 6, § 5, 8-14-2002)

No two-family residential dwelling in the R-2 district shall exceed 2½ stories or 35 feet in height. No multifamily dwelling in the R-2 district shall exceed three stories or 45 feet in height.

(Code 1999, § 40-6-6; Ord. No. 2002-13, art. 6, § 6, 8-14-2002)

(a)

Front yard.

(1)

There shall be a front yard having a depth of not less than 25 feet.

(2)

Where a lot is located at the intersection of two or more streets, there shall be a front yard on one street side of a corner lot. The side yard of such corner lots shall be equal to one-half of the front yard setback. No accessory building shall project beyond the front yard line on either street.

(b)

Side yard. Except as provided for in article IV of this chapter, there shall be a side yard on each side of a building having a width of not less than five feet or ten percent of the average width of the lot, whichever amount is greater.

(c)

Rear yard. Except as provided for in article IV of this chapter hereof:

(1)

Lots on which a two-family dwelling, fraternity, sorority, lodge or rooming house is situated shall have a rear yard of not less than 25 feet.

(2)

Lots on which a multifamily dwelling is situated shall have a rear yard of not less than 25 feet.

(Code 1999, § 40-6-7; Ord. No. 2002-13, art. 6, § 7, 8-14-2002)

Except as hereinafter provided, all dwellings hereafter erected, enlarged, converted, relocated or reconstructed shall be located on lots containing the following areas:

(1)

A lot on which a two-family residential dwelling unit is situated shall have an area of not less than 9,000 square feet per living unit.

(2)

A lot on which a private club, fraternity, sorority, lodge, or roominghouse is situated shall have an area of not less than 9,000 square feet per living unit.

(3)

Multifamily dwellings shall be located on lots which provide two minimum building lot areas per dwelling unit, as follows:

a.

Efficiency apartments: 1,000 square feet.

b.

Apartments with one bedroom: 1,200 square feet.

c.

Apartments with two or more bedrooms: 1,500 square feet.

(4)

No multifamily dwelling shall be constructed with a total lot area of less than 11,000 square feet.

(Code 1999, § 40-6-8; Ord. No. 2002-13, art. 6, § 8, 8-14-2002)

Manufactured homes to be used as single-family dwellings placed on a lot on a permanent foundation, permanently anchored to the ground for a period of at least 60 days, are permitted in R-3 districts, provided that the homes comply with all applicable building and property maintenance provisions of this Code.

(Code 1999, § 40-7-2; Ord. No. 2002-13, art. 7, § 2, 8-14-2002)

The following accessory uses are allowed in R-3 districts:

(1)

Private recreational and hobby uses such as swimming pools, tennis courts, gardens and greenhouses.

(2)

Canopies, carports and awnings.

(3)

Accessory units or expansion units, but only when specifically designed for manufactured home use.

(4)

Management and maintenance offices, including storage facilities for grounds keeping equipment.

(5)

Individual tenant storage facilities located on the same lot as the manufactured home.

a.

The storage facilities shall be designed in a manner that will enhance the appearance of the manufactured home park subdivision and shall be constructed of suitable weather-resistant materials.

b.

Size. There shall be a minimum of 90 cubic feet provided for general storage for each manufactured home lot.

(Code 1999, § 40-7-3; Ord. No. 2002-13, art. 7, § 3, 8-14-2002)

The use of any manufactured home as temporary living or office space shall be permitted while a principal building or structure is under construction.

(Code 1999, § 40-7-4; Ord. No. 2002-13, art. 7, § 4, 8-14-2002)

Two off-street parking spaces for each manufactured home dwelling shall be provided. No motor vehicle parked on a manufactured home lot shall be parked nearer than ten feet to any adjoining manufactured home. Paved areas for guests shall be provided in the ratio of one space for every four dwelling unit lots.

(Code 1999, § 40-7-5; Ord. No. 2002-13, art. 7, § 5, 8-14-2002)

No building, structure or dwelling in a manufactured home park subdivision shall exceed 2½ stories or 35 feet in height.

(Code 1999, § 40-7-6; Ord. No. 2002-13, art. 7, § 6, 8-14-2002)

(a)

Front yard. There shall be a front yard having a depth of not less than 20 feet. When lots have a double frontage, the required front yard shall be provided on both streets. When a lot is located at the intersection of two or more streets, there shall be a front yard on the first street of not less than 20 feet, and a side yard on the second street of not less than ten feet.

(b)

Side yard. There shall be a side yard on each side of a manufactured home, which side yard shall have a depth of not less than ten feet.

(c)

Rear yard. Each lot on which a manufactured home dwelling is placed shall have a rear yard of not less than five feet.

(Code 1999, § 40-7-7; Ord. No. 2002-13, art. 7, § 7, 8-14-2002)

(a)

Coverage. Each manufactured home dwelling shall cover no more than 40 percent of each subdivision lot or of each private lot.

(b)

Minimum floor area. Each manufactured home hereafter placed upon a manufactured home park subdivision lot shall have a total ground floor area of not less than 800 square feet as measured from the outside of exterior walls, including utility rooms but excluding open porches, breezeways and garages.

(Code 1999, § 40-7-8; Ord. No. 2002-13, art. 7, § 8, 8-14-2002)

The zoning procedures and use requirements for the R-3 district shall conform to all applicable building and property maintenance provisions of this Code.

(Code 1999, § 40-7-9; Ord. No. 2002-13, art. 7, § 9, 8-14-2002)

All residential uses in the B-1 district are prohibited, with the exception of residential uses in existence at the date of passage of this chapter, and with the exception of residential units above the first floor as provided for in this article. The manufacture or production of any good is prohibited in B-1 districts except as otherwise provided in this chapter.

(Code 1999, § 40-8-2; Ord. No. 2002-13, art. 8, § 2, 8-14-2002)

The following principal uses are permitted in the B-1 district:

(1)

The sale of retail goods such as hardware, food, wearing apparel, home furnishings, books, and jewelry; cafes and restaurants.

(2)

Business and professional offices, including banks, brokerage firms, medical, dental and chiropractic clinics, and veterinary clinics.

(3)

The sale of services such as barber shops, beauty parlors, bicycle repair, appliance repair, photography studios, plumbing shops, tailoring, shoe repair, upholstery shops, office supply shops, and dancing or music schools.

(4)

Recreational uses such as bowling alleys, billiard parlors, and game arcades, when conducted wholly within a completely enclosed building.

(5)

The production of goods for sale on the premises such as bakeries and printing establishments.

(6)

Furnace, heating, and sheet metal shops or stores, and lumber yards. Not more than ten percent of the lot or tract of land occupied by such establishments shall be used for the open and unenclosed storage of materials or equipment.

(7)

Retail dyeing and cleaning works, laundries and launderettes, including self-service establishments.

(8)

Filling stations and motor vehicle servicing facilities, and the sale and storage of fuels and petroleum products, provided that all volatile fuels kept on the premises incident to such uses shall be stored below grade level.

(9)

Hotels, motels, boarding homes and bed and breakfast operations.

(10)

Mini storage facilities for retail use.

(11)

Other retail uses similar in bulk, scale, and intensity.

(Code 1999, § 40-8-3; Ord. No. 2002-13, art. 8, § 3, 8-14-2002)

Uses clearly incidental to but necessary to the principal uses shall be permitted.

(Code 1999, § 40-8-4; Ord. No. 2002-13, art. 8, § 4, 8-14-2002)

The following special uses are allowed in B-1 districts:

(1)

Indoor theaters. No theaters shall be erected or reconstructed unless subject to the parking restrictions noted in section 42-165(b).

(2)

Storage, sales or repair of new or used automobiles or farm equipment.

(3)

Residential dwelling units above the first floor of commercial establishments.

(4)

Taverns and retail package liquor stores.

(5)

Assembly of components or substructures for modular buildings.

(6)

Veterinary clinics with open kennels.

(7)

Churches, provided that any church constructed on a new site shall provide off-street parking space upon the lot or within 200 feet thereof, which space is adequate to accommodate one car for every four persons for which seating is provided in the largest seating area.

(Code 1999, § 40-8-5; Ord. No. 2002-13, art. 8, § 5, 8-14-2002)

(a)

Commercial buildings. Commercial buildings shall provide permanent off-street parking in the ratio of one parking space for each 300 square feet of floor space in the building; provided, however, that two or more establishments may provide necessary parking spaces within the B-1 district and within 300 feet of the establishment. Commercial buildings fronting on either side of the following street segments shall be exempt from the parking regulations of this section: Mechanic Street between Hardin Street and Yates Street; Editor Street between Clay Street and Yates Street; Washington Street between Hardin Street and Yates Street; Hardin Street between Washington Street and Mechanic Street; and Yates Street between Washington Street and Main Street.

(b)

Dwelling units. No dwelling unit, including those in hotels, motels, tourist homes and bed and breakfast establishments, shall be erected or reconstructed unless there is provided on the same lot or within 300 feet thereof space for off-street parking in the ratio of one space per dwelling unit.

(Code 1999, § 40-8-6; Ord. No. 2002-13, art. 8, § 6, 8-14-2002)

No building shall exceed 35 feet in height, except as otherwise provided in article IV of this chapter.

(Code 1999, § 40-8-7; Ord. No. 2002-13, art. 8, § 7, 8-14-2002)

(a)

Front yard. No front yard is required in the B-1 district.

(b)

Side yard. A side yard is not required in the B-1 district, except on the side of a lot adjoining a residential district lot, in which case, there shall be a side yard of not less than five feet.

(c)

Rear yard. No rear yard shall be required in the B-1 district, except where a lot abuts on a residential district lot, in which case, there shall be a rear yard of not less than ten feet.

(Code 1999, § 40-8-8; Ord. No. 2002-13, art. 8, § 8, 8-14-2002)

The intensity of use regulations shall apply to dwelling units above stores and to commercial uses, as well as to residential buildings.

(1)

Minimum lot area. The minimum lot area in the B-1 district shall be 1,000 square feet.

(2)

Minimum lot width. The minimum lot width in the B-1 district shall be 30 feet, except that this minimum lot width requirement shall not apply to structures used commercially on the date of the final adoption of this chapter.

(3)

Minimum lot frontage. The minimum lot frontage in the B-1 district shall be 30 feet, except that this minimum lot frontage requirement shall not apply to structures used commercially on the date of the final adoption of this chapter.

(Code 1999, § 40-8-9; Ord. No. 2002-13, art. 8, § 9, 8-14-2002)

All business, service, storage, merchandise display, repair and processing activities permitted in the B-1 district, with the exception of filling stations, automobile displays, and farm equipment displays, shall be conducted wholly within a completely enclosed building.

(Code 1999, § 40-8-10; Ord. No. 2002-13, art. 8, § 10, 8-14-2002)

All residential uses in this district are prohibited unless provided for elsewhere in this article, and any commercial, manufacturing or processing activity which is not conducted within a completely enclosed building is prohibited in the M-1 district unless otherwise provided for in this article.

(Code 1999, § 40-9-2; Ord. No. 2002-13, art. 9, § 2, 8-14-2002)

The following principal uses are permitted in M-1 district: limited manufacturing and processing activities, such as bottling plants, warehousing, research installations, truck terminals and cartage facilities, contractors' yards, sheet metal shops, welding or machine shops, canneries, printing plants, packaging plants, dairies, wholesale storage, cabinet making establishments, and other uses of similar scale in intensity.

(Code 1999, § 40-9-3; Ord. No. 2002-13, art. 9, § 3, 8-14-2002)

Temporary buildings and uses for construction purposes for a period not to exceed one year and uses clearly incidental but necessary to the principal use are permitted accessory uses in the M-1 district.

(Code 1999, § 40-9-4; Ord. No. 2002-13, art. 9, § 4, 8-14-2002)

No building permit shall be issued for any of the following uses in the M-1 district until and unless the location of such uses shall have been approved by the village board after report by the plan commission:

(1)

Industrial activities, including, but not limited to, such activities as chemical refining or manufacturing; gasoline, petroleum, tar, creosote, or other flammable liquids manufacture, treatment or storage; foundries, coke ovens, or forges; ore reduction or smelting; stone milling or quarrying; cement, lime, mortar gypsum or plaster manufacturing or mixing at a central plant; brick, tile, pottery or terracotta manufacture (excluding handicrafts); rendering, distillation or reduction of animal products, coal or wood; reduction or dumping of garbage, offal, or dead animals; glue, size, gelatin, tallow, grease, or lard manufacture; the slaughter of animals or fowl; tanning, curing or storage of raw hides or skins; soap manufacture; vehicle wrecking; boiler works; arsenals; manufacture or storage of explosives; junk, iron or rag storage or bailing; planing mills, rolling mills; and other uses which are noxious of offensive by reason of the emission of smoke, dust, fumes, gas odors, noise or vibration beyond the confines of the building.

(2)

Principal uses in the B-1 district, as set forth in section 42-162.

(3)

Storage, sales, or repair of new or used automobiles or farm equipment.

(Code 1999, § 40-9-5; Ord. No. 2002-13, art. 9, § 5, 8-14-2002)

Industrial and commercial establishments in the M-1 district shall provide permanent off-street parking on a lot in the ratio of one parking space for each two employees, plus one parking space for each company vehicle.

(Code 1999, § 40-9-6; Ord. No. 2002-13, art. 9, § 6, 8-14-2002)

No building or structure shall exceed 35 feet in height above grade, except as provided for in article IV of this chapter.

(Code 1999, § 40-9-7; Ord. No. 2002-13, art. 9, § 7, 8-14-2002)

(a)

Front yard.

(1)

There shall be a front yard having a depth of not less than 25 feet, except as provided for in article IV of this chapter.

(2)

Where lots have a double frontage, the required front yard shall be provided on both streets.

(b)

Side yard. Except as provided for in article IV of this chapter, there shall be a side yard on each side of a principal building, which yard shall have a width of not less than 15 feet.

(c)

Rear yard. Except as provided in article IV of this chapter, there shall be a rear yard having a depth of not less than 25 feet.

(d)

Front yards on corner lots. Where a lot is located at the intersection of two or more streets, there shall be a front yard having a depth of not less than 25 feet on each street side of the lot; provided, however, that the buildable width of a lot of record at the time of passage of this chapter is not reduced to less than 35 feet, except where necessary to provide a yard along a side street with a depth of not less than five feet. No accessory building shall project beyond the front yard line on either street.

(Code 1999, § 40-9-8; Ord. No. 2002-13, art. 9, § 8, 8-14-2002)

The minimum lot area in the M-1 district shall be one-half acre or 21,780 square feet.

(Code 1999, § 40-9-9; Ord. No. 2002-13, art. 9, § 9, 8-14-2002)

M-1 district properties within 150 feet of residential or business commercial zoning districts shall provide effective screening around open areas if such areas are used for storage or for any industrial purpose other than transportation of goods between buildings. The screening shall consist of densely planted trees, shrubs or hedges, not less than ten feet in height, or of a ten-foot-high wall or fence. This planting strip shall be at least six feet wide and shall be considered part of the required yard.

(Code 1999, § 40-9-10; Ord. No. 2002-13, art. 9, § 10, 8-14-2002)

Commercial and residential uses in an M-2 district are prohibited unless otherwise provided for in this Code.

(Code 1999, § 40-10-2; Ord. No. 2002-13, art. 10, § 2, 8-14-2002)

Permitted principal uses in the M-2 district shall be identical to the permitted principal uses set forth for the M-1 district in section 42-193.

(Code 1999, § 40-10-3; Ord. No. 2002-13, art. 10, § 3, 8-14-2002)

Temporary buildings and uses for construction purposes for a period not to exceed one year and uses clearly incidental but necessary to the principal use are permitted accessory in the M-2 district.

(Code 1999, § 40-10-4; Ord. No. 2002-13, art. 10, § 4, 8-14-2002)

Any building or premises may be used for any purpose not in conflict with any ordinance of the village regulating nuisances; provided, however, that no building permit shall be issued for any of the following uses until and unless the location of such use shall have been approved by the village board after report by the plan commission:

(1)

Utility substations.

(2)

Communications towers and stations.

(3)

Commercial establishments.

(4)

Acid manufacture.

(5)

Cement, lime, mortar, gypsum or plaster manufacturing or mixing at a central plant.

(6)

Slaughter of animals or fowl.

(7)

Rendering, distillation or reduction of animal products.

(8)

Operation of stockyards or confinement facilities.

(9)

Reduction or dumping of garbage, offal, or dead animals.

(10)

Manufacture or storage of explosives.

(11)

Fertilizer manufacture.

(12)

Gas manufacture.

(13)

Glue manufacture.

(14)

Refining or storage of petroleum or its products.

(15)

Junk, iron, or rag storage or bailing.

(16)

Other uses of similar scale and intensity.

(Code 1999, § 40-10-5; Ord. No. 2002-13, art. 10, § 5, 8-14-2002)

Business commercial, light industrial and general industrial establishments in the M-2 district shall provide permanent off-street parking on the lot in the ratio of one parking space for each two employees, plus one parking space for each company vehicle.

(Code 1999, § 40-10-6; Ord. No. 2002-13, art. 10, § 6, 8-14-2002)

No building or structure shall exceed 35 feet in height above grade, except as provided by special permit after a public hearing.

(Code 1999, § 40-10-7; Ord. No. 2002-13, art. 10, § 7, 8-14-2002)

Area regulations for the M-2 district shall be identical to the area regulations of the M-1 district as provided in section 42-198.

(Code 1999, § 40-10-8; Ord. No. 2002-13, art. 10, § 8, 8-14-2002)

M-2 district properties within 150 feet of residential or business commercial districts shall provide effective screening around open areas if such areas are used for storage or for any industrial purpose other than the transportation of goods between buildings. The screening shall consist of densely planted trees, shrubs or hedges not less than ten feet in height or of a ten-foot-high wall or fence. This planting strip shall be at least six feet wide and shall be considered part of the required yard.  

(Code 1999, § 40-10-9; Ord. No. 2002-13, art. 10, § 9, 8-14-2002)

Parks and open space areas and recreational uses such as playgrounds, picnic shelters and facilities, golf courses, swimming pools, water slides, etc., shall be permitted.

(Code 1999, § 40-11-2; Ord. No. 2002-13, art. 11, § 2, 8-14-2002)

Temporary buildings and uses for construction purposes for a period not to exceed one year, storage facilities and uses clearly incidental, but necessary to the permitted principal uses, shall be permitted as accessory uses.

(Code 1999, § 40-11-3; Ord. No. 2002-13, art. 11, § 3, 8-14-2002)

Private recreational clubs shall be permitted as special uses.

(Code 1999, § 40-11-4; Ord. No. 2002-13, art. 11, § 4, 8-14-2002)

Parking regulations for the A-1 district shall be developed by the village planning commission at the time of the project proposal in accordance with the projected amount of traffic to be generated.

(Code 1999, § 40-11-5; Ord. No. 2002-13, art. 11, § 5, 8-14-2002)

No building or structure in the A-1 district shall exceed 35 feet in height.

(Code 1999, § 40-11-6; Ord. No. 2002-13, art. 11, § 6, 8-14-2002)

No building or accessory structure shall be constructed closer than 50 feet to any lot line in an adjoining district.

(Code 1999, § 40-11-7; Ord. No. 2002-13, art. 11, § 7, 8-14-2002)