Bellwood City Zoning Code
GENERAL PROVISIONS
§ 156.001 TITLE.
This chapter shall hereafter be known, cited and referred to as the Bellwood Zoning Code.
(`95 Code, § 156.001) (Ord. 83-11, passed 9- -83)
§ 156.002 INTENT; PURPOSE.
(A) This chapter is adopted with the purpose of protecting and promoting the public health, safety, comfort and general welfare. The fulfillment of this purpose is to be accomplished by seeking to:
(1) Lessen congestion on the public streets.
(2) Avoid undue concentration of population.
(3) Prevent the overcrowding of land, thereby ensuring proper living and working conditions and preventing the development of blight and slums.
(4) Establish adequate standards for the provision of light, air and open space.
(5) Facilitate the provision of adequate transportation, and of other public requirements and services such as water, sewerage, schools, and parks.
(6) Zone all properties with a view to conserving the value of buildings and land, and encourage the most appropriate use of land throughout the village.
(7) Protect residential, business, commercial and industrial areas alike from harmful encroachment by incompatible uses and ensure that land allocated to a class of uses shall not be usurped by other inappropriate uses.
(8) Avoid the inappropriate development of lands and provide for adequate drainage, curbing of erosion and reduction of flood damage.
(9) Establish reasonable standards to which buildings and structures shall conform.
(10) Encourage reasonable flexibility of development design through appropriate innovation.
(11) Facilitate the recognition of beauty and aesthetics as a value and standard throughout the village.
(12) Prevent such additions to, and alterations or remodeling of, existing buildings or structures as would not comply with the restrictions and limitations imposed herein.
(13) Provide for the regulation of nonconforming buildings and uses, including the gradual elimination thereof.
(14) Foster a more rational pattern of relationship between residential, business, commercial and manufacturing uses for the mutual benefit of all.
(15) Isolate or control the location of unavoidable nuisance-producing uses.
(16) Define the powers and duties of the administrative and enforcement officers and bodies.
(17) Prescribe penalties for any violation of the provisions of this chapter or of any amendment thereto.
(B) The standards and requirements contained in this chapter, and the district mapping reflected on the Zoning Map, are intended to further the implementation of the objectives of all current and certified village land use plans, as well as protect all desirable existing structures and uses.
(`95 Code, § 156.002) (Ord. 83-11, passed 9- -83)
§ 156.003 SCOPE.
(A) All buildings erected hereafter, all uses of land or buildings established hereafter, and all structural alterations or relocations of existing buildings occurring hereafter shall be subject to all regulations of this chapter which are applicable to the zoning districts in which such buildings, uses or land shall be located.
(B) However, where a building permit for a building or structure has been issued in accordance with law prior to the effective date of this chapter and provided that construction is begun within 6 months of such effective date and diligently prosecuted to completion (completion to be accomplished within 18 months of the adoption of this chapter) the building or structure may be completed in accordance with the approved plans on the basis of which the building permit has been issued, and further, may upon completion be occupied under a certificate of occupancy by the use for which originally designated, subject thereafter to the provisions of §§ 156.085 et seq.
(C) Where the Zoning Administrator has issued a permissive use permit, a conditional use permit, or a permit for a variation pursuant to the provisions of this chapter, such permit shall become null and void unless work thereon is substantially under way within 12 months of the date of the issuance of such permit by the Zoning Administrator, and completed within 18 months of start of construction.
(D) A conditional use permit shall be deemed to authorize only one particular conditional use and shall expire if the conditional use shall cease for more than 12 months for any reason.
(E) Where a lot is to be occupied for a permitted use without buildings, the side yards and front yard required for such lot shall be provided and maintained unless otherwise stipulated in this chapter, except that side yards shall not be required on lots used for garden purposes without buildings or structures and no side or front yards shall be required on lots used for public recreation areas.
(F) No land which is located in a residence district shall be used for driveway, walkway or access purposes to any land which is located in business or industrial districts, or used for any purpose not permitted in a residence district.
(`95 Code, § 156.003) (Ord. 83-11, passed 9- -83)
§ 156.004 INTERPRETATION.
(A) In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements for the promotion of the public health, safety, morals, comfort, convenience, prosperity and general welfare.
(B) Where the conditions imposed by any provision of this chapter, upon the use of land or buildings or upon the bulk of buildings, are either more restrictive or less restrictive than comparable conditions imposed by any other provision or this chapter or of any other law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall govern.
(C) Although the district requirements are couched in very specific terms in most instances, reasonable flexibility is offered through such devices as conditional use, planned development, and variations. A principal objective of this chapter is the encouragement of appropriate innovation.
(D) This chapter is not intended to abrogate any easement, covenant, or any other private agreement, provided that where the regulations of this chapter are more restrictive or impose higher standards or requirements than such easements, covenants, or other private agreements, the requirements of this chapter shall govern.
(E) No building, structure or use which was not lawfully existing at the time of the adoption of this chapter shall become or be made lawful solely by reason of the adoption of this chapter; and to the extent that, and in any manner that, the unlawful building, structure or use is in conflict with the requirements of this chapter, the building, structure or use remains unlawful hereunder.
(`95 Code, § 156.004) (Ord. 83-11, passed 9- -83)
§ 156.005 SEPARABILITY.
It is hereby declared to be the intention of the President and Board of Trustees that the several provisions of this chapter are separable, in accordance with the following:
(A) If any court of competent jurisdiction shall adjudge any provision of this chapter to be invalid, such judgment shall not affect any other provisions of this chapter not specifically included in the judgment.
(B) If any court of competent jurisdiction shall adjudge invalid, the application of any provision of this chapter to a particular property, building or other structure, such judgment shall not affect the application of the provision to any other property, building or structure not specifically included in the judgment.
(`95 Code, § 156.005) (Ord. 83-11, passed 9- -83)
§ 156.006 DEFINITIONS.
For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY BUILDING OR USE. A building or use which is:
(1) Conducted or located on the same zoning lot as the principal building or use served, except as may be specifically provided elsewhere in this chapter;
(2) Clearly incidental to, subordinate in purpose to, and serving the principal use; and
(3) Either in the same ownership as the principal use or is clearly operated and maintained solely for the comfort, convenience, necessity, or benefit of the occupants, employees, customers or visitors of or to the principal use.
ADULT BOOK STORE or ADULT FILM/VIDEO STORE. An establishment having as a substantial or significant portion of its stock in trade, books, magazines, films or videos for rental, sale or viewing on premises by use of motion picture devices or any other coin-operated means, other periodicals or written materials or merchandise, goods, or novelties designed for use or which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities," or "specified anatomical areas."
ADULT ENTERTAINMENT CABARET. A public or private establishment which is licensed to serve food and or alcoholic beverages, which features dancers, strippers, models or similar entertainers which are characterized by the exposure of "specified anatomical areas."
ADULT MINI MOTION PICTURE THEATER. An enclosed building with a capacity for less than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," for observation by patrons therein.
ADULT MOTION PICTURE THEATER. An enclosed building with a capacity of 50 or more persons used regularly and routinely for presenting material having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas," for observation by patrons therein.
ADULT USES. Adult book stores and adult film/video stores, adult motion picture theaters, adult mini motion picture theaters and adult entertainment cabarets as defined in this section, or other similar establishments.
ADVERTISING DEVICE. Any advertising sign, billboard, statuary or poster panel which directs attention to a business, commodity, service, institution, entertainment or the like which may or may not be exclusively related to the premises where such sign is located or to which it is affixed.
ALLEY. A public or private right-of-way primarily designed to serve as a secondary access to the side or rear of those properties whose principal frontage is on a street.
AMENDMENT. Any addition to, deletion from, or change in this chapter, including text and/or map. See § 156.159 for amendment requirements and procedures.
ANIMAL HOSPITAL. Any building or portion thereof designed or used for the care, observation or treatment of domestic animals.
APPEAL. A contention that the Zoning Administrator or other authorized official has misinterpreted or incorrectly applied a provision of this chapter.
ATTIC. The space between the ceiling beams of a top habitable story and the roof rafters.
AUTOMOBILE REPAIR. The general repair, engine rebuilding or reconditioning of motor vehicles, collision service such as body, frame, and fender straightening and repair, and painting of motor vehicles.
AUTOMOBILE SERVICE STATION. Any building or premises used for dispensing or sale of automobile fuels, lubricating oil or grease, tires, batteries or minor automobile accessories. Services offered may include the installation of tires, batteries and minor accessories, minor automobile repairs, and greasing or washing of individual automobiles.
AWNINGS. A roof-like cover, temporary in nature, which projects from the wall of a building and which may overhang a public way.
BASEMENT. That portion of a building below the first or ground floor level, but having less than half its clear floor-to-ceiling height below the average grade of the adjoining ground.
BLOCK. A tract of land bounded by streets, or by a combination of streets and public parks, railroad rights-of-way, shorelines of waterways, municipal boundary lines, township lines or county lines.
BUILDABLE AREA. The area of the lot remaining after the minimum open space and/or yard requirements of this chapter have been complied with.
BUILDING. Any structure built, used, designed or intended for the support, shelter, protection or enclosure of persons, animals, chattels or property of any kind, and which is permanently affixed to the land. When a building is divided into separate parts by unpierced fire or party walls extending continuously from the ground through all stories to and above the roof, each part shall be deemed a separate building.
BUILDING, DETACHED. A building surrounded by open space on the same lot.
BUILDING HEIGHT. The vertical distance from the curb level to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitch or hip roof.
BUILDING, TEMPORARY. Any building not designed to be permanently located, placed or affixed to the place where it is intended to be placed.
BULK. The term used to indicate the size and setbacks of buildings or structures and the location of same with respect to one another, and includes:
(1) Height and area of buildings.
(2) Location of exterior walls in relation to lot lines, streets or other buildings.
(3) Gross floor area of buildings in relation to lot areas.
(4) All open spaces allocated to buildings.
(5) Amount of lot area required for each dwelling unit.
BUSINESS. An occupation, employment or enterprise which occupies time, attention, labor and materials, or wherein merchandise is exhibited or sold, or where services are offered.
CANOPY. A roof-like structure projecting from a wall and supported in whole or in part by vertical supports from the ground, and erected primarily to provide shelter from the weather.
CARPORT. An open-sided (on at least two sides), roofed automobile shelter, usually formed by extension of the roof from the side of a building.
CAR WASH. A building, or portion thereof, containing facilities for washing more than one automobile at any one time, using production line methods with a chain conveyor, blower, steam cleaning device, or other mechanical devices; or providing space, water, equipment or soap for the complete or partial hand-washing of such automobiles, whether by operator or by customer.
CEILING. The overhead inside lining of a room.
CELLAR. The portion of a building having more than half its clear floor-to-ceiling height below the average grade of the adjoining ground.
CERTIFICATE, OCCUPANCY. The written approval of the Zoning Administrator certifying that the building or structure, as constructed, conforms to the applicant's approved plans and drawings as authorized through the zoning certificate.
CERTIFICATE, ZONING. The written approval of the Zoning Administrator certifying that the applicant's plans and drawings comply with all applicable provisions of this chapter. The ZONING CERTIFICATE may consist of a standardized independent form bearing the signature of the Zoning Administrator or it may be represented as a part of the building permit application.
CLASS D COMMERCIAL VEHICLE. A vehicle meeting or exceeding the standards of a State of Illinois licensure classification of “D.” Any single vehicle with a gross vehicle weight rating (“GVWR”) of 16,000 pounds or less that is not designed to transport 16 or more people; or any single vehicle with a GVWR of 16,000 pounds or less towing any
vehicle providing the gross combined weight rating does not exceed 26,000 pounds.
CLINIC, MEDICAL OR DENTAL. An organization of specializing physicians or dentists or both, who have their offices in a common building. A clinic shall not include inpatient care.
CLUB OR LODGE, PRIVATE (NON-PROFIT). A nonprofit association of persons who are bona fide members paying dues, which owns, hires or leases a building, or portion thereof; the use of such premises being restricted to members and their guests. The affairs and management of such PRIVATE CLUBS OR LODGE are conducted by a board of directors, executive committee, or similar body chosen by the members. It shall be permissible to serve food, meals, and beverages on such premises.
COMMERCIAL TRUCK. Any truck, tractor, or semi-trailer utilized for commercial purposes with a gross vehicle weight rating (GVWR) that exceeds 26,000 pounds.
COMMERCIAL TRUCK PARKING LOT. Any premises, enclosure or other place, other than a licensed garage, where one or more commercial trucks may be stored or parked where rent or compensation is paid to the owner and/or manager of the premises for the parking or storing of such vehicles, which are otherwise unrelated to the operation of any business at or near the parking lot location beyond any such paid parking business.
COMMERCIAL VEHICLE. Any vehicle operated for the transportation of persons or property in furtherance of any commercial or industrial enterprise, for hire and not for hire. The following motor vehicles that, by virtue of their design, type or characteristics, are not customary and incidental to the use or occupancy of residential properties, shall be considered PROHIBITED COMMERCIAL VEHICLES: vehicles in excess of single rear wheels, vehicles bearing signs, advertisements, business identifications or business license plates, cargo and panel vans without side and rear windows and seating behind a drivers seat. PROHIBITED COMMERCIAL VEHICLES include, but are not limited to: dump trucks, cargo trucks, step vans, tow trucks, car haulers, semi-trailer tractors, tank trucks, boom trucks, tractor, taxis, farm implements and hearses. In addition, a vehicle will be considered to be a COMMERCIAL VEHICLE for purposes of this chapter if the same allows for property and/or equipment to be stored and/or transported in a manner which is not completely enclosed within such vehicle.
CONDITIONAL USE. See USE, CONDITIONAL.
CONVALESCENT, NURSING OR REST HOME. A private home for the care of the aged or infirm, or a place of rest for those suffering bodily disorders. Such home does not contain equipment for surgical care or for the treatment of disease or injury.
CURB LEVEL. The level of the established curb in front of a building measured at the center of such front. (Where no curb elevation has been established, the pavement elevation at the street center line similarly measured, or the mean elevation of the finished lot grade immediately adjacent to a building shall be considered the CURB LEVEL.)
DAY. One calendar day. If a projected day falls on a weekend or holiday, the next following working day or week day shall fulfill requirements.
DAY CARE CENTER. An institution or place in which are received three or more children, not of common parentage, apart from their parents or guardian, for part or all of a day but not later than 9:00 p.m. The term DAY CARE CENTER includes but is not limited to the following: nursery schools, child care centers, day nurseries, kindergartens, and play groups, but does not include bona fide kindergartens or nursery schools operated by public or private elementary or secondary school systems.
DISTRICT. A portion of the corporate area of the village, within which certain uniform regulations and requirements, or various combinations thereof, apply under the provisions of this chapter.
DRIVE-IN AND/OR TAKE-OUT ESTABLISHMENT. A place of business being operated for the sale and purchase at retail of food and other goods, services or entertainment, which is laid out and equipped so as to allow its patrons to be served or accommodated while remaining in their automobiles, or which allows the consumption of food or beverage in automobiles on the premises or elsewhere on the premises but outside any completely enclosed structures. If, in addition to the consumption of any food or beverages in automobiles or elsewhere on the premises outside any completely enclosed structure, an establishment also allows for the consumption of such products within a completely enclosed structure, it shall be considered a DRIVE-IN AND/OR TAKE-OUT ESTABLISHMENT. The term DRIVE-IN AND/OR TAKE-OUT ESTABLISHMENT shall include but is not limited to: automobile service stations; car washes; drive-in restaurants, diners, grills, luncheonettes, sandwich stands, snack shops, soda fountains or short-order cafes; drive-in banks and drive-in theaters.
DWELLING. A building, or portion thereof designed or used exclusively for residential occupancy, including single-family dwellings, two- family dwellings, multiple-family dwellings and apartment hotels, but not including hotels or motels.
DWELLING, ATTACHED. One which is joined to another dwelling at one or more sides by party walls.
DWELLING, DETACHED. One which is entirely surrounded by open space on the same lot.
DWELLING, MULTIPLE-FAMILY. A building, or portion thereof, containing a minimum of three dwelling units.
DWELLING, SINGLE-FAMILY. A building containing one dwelling unit only.
DWELLING, TWO-FAMILY. A building containing two dwelling units.
DWELLING UNIT. Any room or group of rooms located within a dwelling and forming a single habitable unit with facilities that are used, or intended to be used for living, sleeping, cooking and eating.
EASEMENT. Land or an interest in land which has been designated by lawful agreement between the owner or owners of such land and another person or persons, for a specified use only by such person or persons.
EFFICIENCY UNIT. A dwelling unit consisting of one principal room exclusive of bathroom, kitchen, hallway, closets or dining alcove directly off the principal room, provided such dining alcove does not exceed 125 square feet in area.
ESTABLISHMENT, BUSINESS. A place of business carrying on operations, the ownership and management of which are separate and distinct from those of any other place of business located on the same zoning lot.
EXTENDED MEDICAL CARE FACILITIES. Those medical facilities designed to accommodate inpatients in need of lengthy recuperative periods requiring nursing attention and periodic medication.
FAMILY. One or more persons occupying a dwelling unit as a single housekeeping unit in which the members of the household share common living, cooking, and eating facilities in the following arrangements:
(1) One or more persons related by blood, marriage, adoption or guardianship, or other duly- authorized custodial relationship;
(2) Three unrelated persons;
(3) Two unrelated persons and their natural offspring, adopted children, foster children or legal wards;
(4) Five or fewer unrelated persons granted a conditional use permit to operate a single housekeeping unit designated a functional family pursuant to § 156.040(J).
FEDERALLY INSURED FINANCIAL INSTITUTION. Any federally chartered or state chartered commercial bank, savings bank, savings and loan or credit union association organized and operated in this state under the laws of the United States, the State of Illinois or another state, who is a deposit taking entity and whose deposits are insured by the Federal Deposit Insurance Corporations or the National Credit Union Administration.
FENCE. A structure which is a barrier and is used as a boundary or means of protection or confinement, which is made of manufactured material, such as but not limited to: wire mesh, chain link, wood or stone material.
FINANCIAL SERVICES INSTITUTION. Any entity that provides financial services, but does not meet the definition for federally insured financial institution.
FLOOR AREA (for determining size of establishment).
(1) The sum of the gross horizontal area of the several floors of the building measured from the exterior face of the exterior walls or from the center line of walls separating two buildings. The FLOOR AREA of a building shall include basement floor area, elevator shafts and stairwells on each floor, floor space used for mechanical equipment (except equipment, open or enclosed, located on the roof), penthouses, attic space having headroom of seven feet or more, interior balconies and mezzanines, enclosed porches and floor area devoted to accessory uses. However, any space devoted to off-street parking or loading shall not be included in FLOOR AREA.
(2) The FLOOR AREA of structures devoted to bulk storage or materials including, but not limited to, grain elevators and petroleum storage tanks shall be determined on the basis of height in feet; for example, ten feet in height shall equal one floor.
FLOOR AREA (for determining off-street parking and loading requirements).
(1) The sum of the gross horizontal areas of the several floors of the building or portion thereof, devoted to such use, including accessory storage areas located within selling or working space such as counters, racks or closets, and any floor area devoted to retailing activities, to the production or processing of goods or to business or professional offices.
(2) However, FLOOR AREA for the purposes of measurement for off-street parking spaces shall not include: floor area devoted primarily to storage purposes (except as otherwise noted herein); floor area devoted to off-street parking or loading facilities, including aisles, ramps and maneuvering space; or mechanical or storage floor area other than area devoted to retailing activities, to the production or processing of goods, or to business or professional offices.
FRONTAGE. The length of all the property fronting on one side of a street between the two nearest intersecting streets, measured along the line of the street, or if dead ended, then all of the property abutting on one side between an intersecting street and the dead end of the street.
FRONTAGE, ZONING LOT. The length of all the property of such zoning lot fronting on a street, measured between side lot lines.
GARAGE, PRIVATE. A detached accessory building or portion of a main building housing the automobiles of the occupants of the premises.
GARAGE, PUBLIC. A building or portion thereof, other than a private garage, designed or used for equipping, servicing, repairing, hiring, selling, storing, or parking motor-driven vehicles. The term repairing shall not include an automotive body repair shop or the rebuilding, dismantling or storage of wrecked or junked vehicles, unless expressly authorized.
GRADE. The average level of the finished surface of the ground adjacent to the exterior walls of the building or structure.
GROSS FLOOR AREA. All the floor area contained within a building or buildings, without exception.
GROUND FLOOR. That level of a building on a sloping or multi-level site which has its floor line at or not more than three feet above exit grade.
GROUND FLOOR AREA. The lot area covered by a building, measured from the exterior faces of exterior walls, but excluding open terraces and carports.
HEDGE. A row or fence of bushes.
HOME OCCUPATION. Any occupation or profession carried on by a member of the immediate family residing on the premises, in connection with which there is used no sign or display that will indicate from the exterior that the building is being utilized in whole or in part for any purpose other than that of a dwelling; no substantial amount of stock in trade is kept or commodities sold; no person is employed other than a member of the immediate family residing on the premises; and no mechanical or electrical equipment is used except such as is permissible for purely domestic or household purposes. A professional person may use his or her residence for infrequent consultation, emergency treatment, or performance or religious rites, but not for the general practice of his profession.
HOSPITAL. A medical institution devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment and care of individuals suffering from illness, disease, injury, deformity or other abnormal physical condition.
HOTEL or MOTEL. An establishment which is open to transient guests, in contradistinction to a boarding, rooming or loading house, and is commonly known as a hotel in the community in which it is located; and which provides customary hotel services such as main service, the furnishing and laundering of linen, telephone and secretarial or desk service, the use and upkeeping of furniture, and bellboy service.
INCOMPATIBLE USE. A use or service which is unsuitable for direct association with certain other uses because it is contradictory, incongruous or discordant.
INDUSTRIAL PARK. A special or exclusive type of planned industrial area designed and equipped to accommodate a community of industries, providing them with all necessary facilities and service in attractive surroundings among compatible neighbors. INDUSTRIAL PARKS may be promoted or sponsored by private developers, community organizations or government organizations.
JUNK OR SALVAGE YARD. An open area where waste or scrap materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including, but not limited to, scrap iron and other metals, paper, rags, rubber tires and bottles. A JUNK OR SALVAGE YARD includes an auto wrecking yard, but does not include uses established entirely within enclosed buildings.
KENNEL. Any premises or portion thereof on which three or more dogs, cats or other household domestic animals over four months of age are kept, or on which more than two such animals are maintained, boarded, bred or cared for, in return for remuneration, or are kept for the purpose of sale.
LABORATORY. A place devoted to experimental study such as testing and analyzing, manufacturing of product or products is not to be permitted within this definition.
LIQUOR STORE, PACKAGE. A business establishment where alcoholic beverages are kept and sold and where such alcoholic beverages are not generally imbibed on the premises.
LODGING HOUSE (including BOARDING and ROOMING HOUSE). A residential building, or portion thereof (other than a motel, apartment hotel or hotel) containing lodging rooms which accommodate persons who are not members of the keeper's family. Lodging with or without meals is provided for compensation on a weekly or monthly basis.
LODGING ROOM (ROOMING UNIT). A room rented as sleeping and living quarters, but without cooking facilities and with or without an individual bathroom. In a suite of rooms without cooking facilities, each room which provides sleeping accommodations shall be counted as one LODGING ROOM for the purposes of this chapter.
LOT. A parcel of land which is either a "lot of record" or a "zoning lot."
LOT AREA, GROSS. The area of a horizontal plane bounded by the front, side and rear lot lines, but not including any area occupied by the waters of a duly recorded lake or river.
LOT, CORNER. A lot situated at the intersection of two streets, the interior angle of such intersection not exceeding 135 degrees.
LOT DEPTH. The mean horizontal distance between the front lot line and the rear lot line of a lot, measured within the lot boundaries.
LOT, INTERIOR. A lot other than a corner or reversed corner lot.
LOT LINE, FRONT. That boundary of a lot which is along an existing or dedicated public street, or where no public street exists, is along a public way. The owner of a corner lot may select either street lot line as the front lot line. In the case of land-locked land, the front lot line shall be that lot line that faces the access to the lot.
LOT LINE, REAR. That boundary of a lot which is most distant from, and is, or is most nearly, parallel to, the front lot line.
LOT LINE, SIDE. Any boundary of a lot which is not a front lot line or a rear lot line.
LOT OF RECORD. A lot which is part of a subdivision, the plat of which has been recorded in the office of the County Recorder of Deeds; or a parcel of land, the deed to which is recorded in the office of the County Recorder of Deeds prior to the adoption of this chapter.
LOT, REVERSED CORNER. A corner lot, the street side lot line of which is substantially a continuation of the front lot line of the first lot to its rear.
LOT, THROUGH. A lot having a pair of opposite lot lines along two more or less parallel public streets, and which is not a corner lot. On a THROUGH LOT both street lines shall be deemed front lot lines.
LOT WIDTH. The horizontal distance between the side lot lines of a lot, measured at the narrowest width within the first 30 feet of lot depth immediately in back of the front yard setback line.
LOT, ZONING. A single tract of land located within a single block, which (at the time of filing for a building permit) is designated by its owner or developer as a tract to be sued, developed or built upon as a unit, under single ownership or control. Therefore, a ZONING LOT OR LOTS may or may not coincide with a lot of record.
MARQUEE. A roof-like structure of a permanent nature which projects from the wall of a building.
MEZZANINE. An intermediate story between the floor and ceiling of a main story and extending over only part of the main floor.
MOBILE HOME. A dwelling unit designed to be transported on streets and highways to the place where it is to be occupied as a dwelling unit complete and ready for occupancy. A MOBILE HOME is not permanently affixed to the ground.
MOTEL. See HOTEL.
MOTOR FREIGHT TERMINAL. A building or area in which freight, shipped by motor truck or railroad, is received, assembled, sorted and/or rerouted for local intra-state, or interstate shipment by motor truck.
MOTOR VEHICLE. Any passenger vehicle, truck, truck-trailer, trailer or semi-trailer propelled or drawn by mechanical power.
NONCONFORMING BUILDING OR STRUCTURE. Any building or structure, lawful at the time of enactment of this chapter, which:
(1) Does not comply with all of the regulations of this chapter or of any amendment hereto governing bulk for the zoning district in which such building or structure is located; or
(2) Is designed or intended for a nonconforming use.
NONCONFORMING USE. Any use of land, buildings, or structures, lawful at the time of the enactment of this chapter, which does not comply with all of the regulations of this chapter or of any amendment hereto governing use of the zoning district in which such use is located.
NURSING HOME. See CONVALESCENT, NURSING OR REST HOME.
OCCUPANCY CERTIFICATE. See CERTIFICATE, OCCUPANCY.
OPEN AREA. That area of a lot, parcel or tract that is not covered by a building or structure.
PARKING SPACE. An enclosed or unenclosed surfaced area permanently reserved for the temporary storage of one automobile and appropriately connected with a street or alley by a surfaced driveway affording adequate ingress and egress. Such space shall be at least 9 feet in width and 19 feet in length and meet all other requirements of § 156.110(B).
PARTY WALL. A wall which is common to but divides continuous buildings.
PHILANTHROPIC INSTITUTION. A structure and/or facilities devoted to the betterment and/or improvement of community life, including but not limited to such institutions as the YMCA, YWCA, boys clubs and educational or charitable foundations.
PLANNED DEVELOPMENT. A parcel of land or contiguous parcels of land of a size sufficient to create its own environment, controlled by a single landowner or by a group of landowners in common agreement as to control, to be developed as a single entity, the environment of which is compatible with adjacent parcels, and the intent of the zoning district or districts in which it is located; the developer or developers may be granted relief from specific land- use regulations and design standards and may be awarded certain premiums in return for assurance of an overall quality of development, including any specific features which will be of exceptional benefit to the community as a whole.
POSSESSORY INTEREST. An occupancy or use of property by legal arrangement with the owner in fee simple. Possessory interest is commonly a control of property by lease arrangement.
PROPERTY LINES. The lines bounding a zoning lot, as defined herein.
PUBLIC WAY. Any sidewalk, street, alley, highway or other public thoroughfare.
RESERVOIR PARKING FACILITIES. Off- street parking spaces allocated to automobiles awaiting entrance to a particular establishment.
RESIDENTIAL. The use of land or buildings for dwelling purposes.
RESTAURANT. A business establishment within which food is offered for sale or consumption only within the structure on the premises.
RESTAURANT, DRIVE-IN. See DRIVE-IN ESTABLISHMENT.
RESTAURANT, TAKE-OUT. See DRIVE-IN ESTABLISHMENT.
REST HOME. See CONVALESCENT, NURSING OR REST HOME.
SCREENING. A structure erected or vegetation planted for the purpose of concealing from view the area behind it.
SETBACK. The minimum distance maintained between a street right-of-way and the nearest supporting member of any structure on the lot.
SHOPPING CENTER. A group of commercial establishments, planned, developed and managed as a unit related in location, size and type of shops to the trade area that the unit serves.
SHRUBBERY. A linear planting or growth of several-stemmed woody plants.
SIGN. A name, identification, description, display or illustration which is affixed to, or represented directly or indirectly upon, a building, structure, or piece of land, and which directs attention to an object, product, place, activity, person, institution, organization or business. However, a SIGN shall not include any display of official court or public office notices nor shall it include the flag, emblem or insignia of a nation, political unit, school or religious group. A SIGN shall not include a sign located completely within an enclosed building which sign is not visible from outside the building, unless the context shall so indicate.
SIGN, ADVERTISING. A sign which directs attention to a business, commodity, service, institution, entertainment or the like which may or may not be exclusively related to the premises where such sign is located or to which it is affixed.
SIGN, BUSINESS. A sign which directs attention to a business or profession conducted, or to a commodity, service or entertainment sold or offered, upon the premises where such sign is located or to which it is affixed.
SIGN, FLASHING. Any illuminated sign on which the artificial light is not maintained stationary or constant in intensity and color at all times when such sign is in use. For the purpose of this chapter, any moving, illuminated sign shall be considered a FLASHING SIGN.
SIGN, GROSS AREA OF. The entire area within a single continuous perimeter enclosing the extreme limits of such sign and in no case passing through or between any adjacent elements of same. However, such perimeter shall not include any structure elements lying outside the limits of such sign and not forming an integral part of the display. When two sides of a double-faced sign are located not more than 36 inches apart at the widest point and not more than 12 inches apart at the narrowest point and display identical messages or other representation, the gross area shall include only one of the sides. Any additional side of a multi-faced sign shall be considered as a separate sign for purposes of computing the total gross area of the sign. The gross area of a fascia shall be calculated by the total square footage encompassed by the fascia; including the area between letters.
SIGN, MONUMENT. An identification sign which is so designed and constructed as to complement the premises being identified. Ordinarily, the letters or numbers of such sign are engraved into or raised upon natural stone, heavy lumber or masonry.
SIGN, OBSOLETE. Any sign which no longer correctly directs or exhorts any person; or advertises a business, service, product, tenant or activity no longer conducted, available or in existence.
SIGN, POLITICAL. Any temporary sign which supports the candidacy of any candidate for public office or urges action on any other matter on the ballot of primary, general or special elections.
SIGN, PORTABLE. Any sign that is not permanently affixed to a building, structure or the ground; a sign designed to be moved from place to place. These signs primarily include but are not limited to signs attached to wood or metal frames designed to be self-supporting and movable. Also included are those signs, commonly trailer-mounted, which are designed to be moved from place to place.
SIGN, PROJECTING. A sign which extends more than six inches from the face of the wall of the structure to which it is affixed.
SIGN, ROOF. A sign erected upon or above a roof or parapet wall of a building and which is wholly or partially supported by the building.
SIGN, WINDOW. Any temporary sign affixed to the interior or exterior of a window, or any sign located inside a building within six feet of the interior side of a window and displayed so as to attract the attention of persons outside the building. Merchandise which is included in a window display shall not be considered as part of a WINDOW SIGN.
SPECIFIED ANATOMICAL AREAS.
(1) Less than completely and opaquely covered human genitals, pubic region, buttock, and female breast below a point immediately above the top of the areola; and
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES.
(1) Human genitals in a state of sexual stimulation or arousal;
(2) Acts or representation of acts of human masturbation, sexual intercourse or sodomy;
(3) Fondling or other erotic touching of human genitals, pubic region, buttock, or female breast.
STORY. That part of a building between any floor and the floor next above, and if there be no floor above, then the ceiling above. A basement is a story if its ceiling is five feet or more above the level from which the height of the building is measured, or if it is used for business purposes, or if it contains any dwelling units other than one dwelling unit for the caretaker of the premises.
STREET. A public or private right-of-way which affords a primary means of vehicular access to abutting property, whether designated as street, avenue, highway, road, boulevard, lane, throughway, or however otherwise designated, but does not include driveways to buildings.
STRUCTURAL ALTERATION. Any change, other, than incidental repairs, which would prolong the life of the supporting members of a building, such as the addition, removal or alteration of bearing walls, columns, beams, girders or foundations.
STRUCTURE. Anything which is constructed or erected which requires permanent location on the ground or attachment to something having permanent location on the ground.
TAVERN (COCKTAIL LOUNGE). An establishment where liquors are sold to be consumed generally on the premises.
TENT. Any temporary structure or enclosure, the roof of which and/or one-half or more of the sides are constructed of silk, cotton, canvas, fabric or a similar pliable material.
TRAILER. A movable or portable unit to be towed on its own chassis and which is used for recreational or temporary office purposes, and is not designed for permanent or long-term residence.
USE OF PROPERTY. The purpose or activity for which the land or building thereon is designed, arranged or intended, or for which it is occupied or maintained.
USE, ACCESSORY. See ACCESSORY USE.
USE, CONDITIONAL. A use, either public or private, which, because of its unique characteristics, cannot be properly classified as a permitted use in a particular district or districts. After due consideration, in each case, of the impact of such use upon neighboring land and of the public need for the particular use at the particular location, such CONDITIONAL USE may or may not be granted, subject to the terms of this chapter.
USE, EXISTING. Any use of a parcel of land or a building which exists on the effective date of this chapter.
USE, PERMITTED. A use which may be lawfully established in a particular district or districts provided it conforms with all requirements, regulations and standards of such district.
USE, PRINCIPAL. The main use of land or buildings as distinguished from a subordinate or accessory use. A PRINCIPAL USE may be "permitted" or "conditional."
VARIATION. A relaxation of the terms of this chapter where such variation will not be contrary to the public interest and where a literal enforcement of this chapter would result in unnecessary and undue hardship.
WALL. A linear structure which serves to support, retain or screen.
YARD. An open space on the same zoning lot with a building or structure, unoccupied and unobstructed from its lowest level to the sky, except as otherwise permitted in § 156.010(E). A YARD extends along a lot line, and to a depth or width specified in the yard requirements for the zoning district in which such zoning lot is located.
YARD, CORNER SIDE. A side yard which adjoins a public street.
YARD, FRONT. A yard extending along the full length of the front lot line between the side lot lines.
YARD, INTERIOR SIDE. A side yard which is located immediately adjacent to another zoning lot or to an alley separating such side yard from another zoning lot.
YARD, REAR. A yard extending along the full length of the rear lot line between the side lot lines.
YARD, SIDE. A yard extending along a side lot line from the front yard to the rear yard.
YARD, TRANSITIONAL. That yard which must be provided on a zoning lot in a business district which adjoins a zoning lot in a residence district, or that yard which must be provided on a zoning lot in an industrial district which adjoins a zoning lot in either a residence or business district.
ZONING ADMINISTRATOR. The officer and assistants designated by the Village Board of Trustees as the officer responsible for enforcing and administering all requirements of this chapter.
ZONING CERTIFICATE. See CERTIFICATE, ZONING.
(`95 Code, § 156.006) (Ord. 83-11, passed 9- -83; Am. Ord. 88-9, passed 3-3-88; Am. Ord. 92-34, passed 12-16-92; Am. Ord. 2000-7, passed 6-14-00; Am. Ord. 8-5, passed 1-9-08; Am. Ord. 8-105, passed 12-17-08; Am. Ord. 17- 25, passed 9-20-17; Am. Ord. 24-10, passed 5-15-24)
§ 156.007 REGULATIONS FOR UNIQUE USES.
(A) Fences, walls and hedges.
(1) Height limit:
(a) Except as provided in § 156.010(E), a fence, wall or densely-planted hedge, or shrubbery may be erected, placed, maintained or grown along a lot line on residentially-zoned property or adjacent thereto to a height not exceeding six feet above the ground level; except that no fence or wall shall be located within a required front yard, and hedges or shrubbery located within a required front yard shall not exceed a height of three feet.
(b) Where such lot line is adjacent to nonresidentially-zoned property, there shall be an eight-foot limit on the height of a fence, wall, hedge or shrubbery along such lot line.
(2) No fence, wall, hedge or shrubbery shall be erected, placed, maintained or grown along a lot line on any nonresidentially-zoned property, adjacent to residentially-zoned property, to a height exceeding eight feet. All business and industrial fences shall be noncombustible.
(3)
In any district no fence, wall, hedge or shrubbery shall be erected, constructed, maintained, or grown to a height exceeding three feet above the curb level nearest thereto, within 25 feet of the intersection of any street lines or of street lines projected.
(B) Mobile homes. In accordance with the policy established by the President and Village Board of Trustees, house trailer parks and mobile home parks shall not be allowed either by permitted or conditional use within any zoning district within the village; moreover, no house trailer or mobile home shall be occupied on any lot as a dwelling unit.
(`95 Code, § 156.007) (Ord. 83-11, passed 9- -83)
§ 156.008 MINIMUM LOT SIZE.
Every residential building hereafter erected on a lot or parcel of land created subsequent to the effective date of this chapter shall provide a lot or parcel of land in accordance with the lot size requirement of the district within which it is located. In any residence district, on a lot of record on the effective date of this chapter, a single-family dwelling may be established regardless of the size of the lot, provided all other requirements of this chapter are complied with; however, where two or more contiguous substandard recorded lots are in common ownership and are of such size as to constitute at least one conforming zoning lot, such lots or portions thereof shall be so joined, developed and used for the purpose of forming an effective and conforming zoning lot or lots. Such contiguous substandard lots in common ownership shall be considered as being maintained in common ownership after the effective date of this chapter for zoning purposes. In no case shall a lot created illegally be considered a lot of record.
(`95 Code, § 156.008) (Ord. 83-11, passed 9- -83)
§ 156.009 ACCESSORY BUILDINGS AND STRUCTURES.
(A) Time of construction. No accessory building or structure constructed on any lot prior to the time of construction of the principal building to which it is accessory shall be used for living purposes.
(B) Percentage of required yard occupied. No detached accessory building or structures shall occupy more than 40% of the area of a required yard.
(C) Height of accessory buildings. No detached accessory building or structure shall exceed the height of the principal building or structure, with the exception of buildings or structures accessory to residential buildings in which case the maximum height shall be 30 feet.
(D) On reversed corner lots.
(1) On a reversed corner lot in a residence district, and within 15 feet of any adjacent property to the rear in a residence district, no accessory building or portion thereof located in a required rear yard shall be closer to the side lot line abutting the street than a distance equal to two-thirds the least depth which would be required under this chapter for the front yard on such adjacent property to the rear. Further, in the above instance, no such accessory buildings shall be located within 6 feet of any part of a rear lot line which coincides with the side lot line or portion thereof of property in any residence district.
(2) No accessory building shall be erected in or encroach upon the required side yard of a corner lot which is adjacent to the street, nor upon the required side yard of a reversed corner lot which is adjacent to the street.
(E) Separation between buildings. Detached accessory buildings or structures shall be located no closer to any other accessory or principal building than ten feet, except where the accessory structure and principal building are of fire-resistive type construction by the Building Commissioner, in which case the minimum separation shall be five feet.
(`95 Code, § 156.009) (Ord. 83-11, passed 9- -83)
§ 156.010 BULK REGULATIONS.
(A) Continued conformity with bulk regulations. The maintenance of yards and other open space and minimum lot area legally required for a building shall be a continuing obligation of the owner of such building or of the property on which it is located, as long as the building is in existence. Furthermore, no legally required yards, other open space or minimum lot area allocated to any building shall, by virtue of change of ownership or for any other reason, be used to satisfy yard, other open space or minimum lot area requirements for any other building.
(B) Division of zoning lots. No improved zoning lot shall hereafter be divided into two or more zoning lots and no portion of any improved zoning lot shall be sold, unless all zoning lots resulting from each such division or sale shall conform with all the applicable bulk regulations of the zoning district in which the property is located.
(C) Location of required open space. All yards and other open spaces allocated to a building or dwelling group shall be located on the same zoning lot as such building or dwelling group.
(D) Required yards; existing buildings. No yards, now or hereafter provided for a building existing on the effective date of this chapter, shall subsequently be reduced below, or further reduced if already less than, the minimum yard requirements of this chapter for equivalent new construction.
(E) Permitted obstructions in required yards. The following shall not be considered to be obstructions when located in the required yards specified:
(1) In all yards. Open terraces not over three feet above the average level of the adjoining ground, but not including a permanently roofed-over terrace or porch; awnings and canopies; steps four feet or less above grade which are necessary for access to a permitted building or for access to a zoning lot from a street or alley; chimneys projecting 24 inches or less into the yard; approved free-standing signs; arbors and trellises; flagpoles; window unit air conditioners projecting not more than 18 inches into the required yard; and fences or walls subject to applicable height restrictions of § 156.007.
(2) In front yards. One-story bay windows projecting three feet or less into the yards; and overhanging eaves and gutters projecting three feet or less into the yard.
(3) In rear yards. Open off-street parking spaces; balconies; recreational and laundry drying equipment; outside elements of heating or central air conditioning systems, extending not more than four feet into the yard; breezeways and open porches; one- story bay windows projecting three feet or less into the yard; and overhanging eaves and gutters projecting three feet or less into the yard.
(4) In side yards. Overhanging eaves and gutters projecting 30 inches or less into the yard; open off-street parking spaces.
(F) Limitations on obstructions. Permitted obstructions and detached accessory structures shall not, in the aggregate, occupy more than 40% of any required yard.
(`95 Code, § 156.010) (Ord. 83-11, passed 9- -83)
§ 156.011 EXISTING CONDITIONAL USES.
(A) Where a use is classified as a conditional use under this chapter, and exists as a conditional or permitted use at the date of the adoption of this chapter, it shall be considered to be a legal conditional use.
(B) Where a use is not allowed as a conditional or permitted use under this chapter, and exists as a conditional or special use at the date of the adoption of this chapter, it shall be considered to be a nonconforming use and shall be subject to the applicable nonconforming use provisions of §§ 156.085 et seq.
(`95 Code, § 156.011) (Ord. 83-11, passed 9- -83)
§ 156.012 FLOOD PLAIN REGULATIONS.
The regulations contained in this section shall be supplementary to any other comprehensive flood hazard and damage prevention regulations contained in this code. In the event of conflict, the more restrictive provisions shall apply.
(A) Purpose. The flood plain regulations contained in this section are established for the following purposes:
(1) To avoid or lessen the hazards to persons or damage to property resulting from the accumulation or runoff of storm or floodwaters;
(2) To maintain the capacity of the flood plain to retain floodwaters;
(3) To provide for the development of flood plain lands with uses not subject to severe damage by flooding and compatible with the other uses permitted to various zones; and,
(4) To avoid the creation of new flood problems.
(B) Specific regulations.
(1) No new or existing building or structures shall be erected or moved within a flood plain, as indicated upon the official or certified flood plain map, unless the lowest floor, including the basement floor, is at an elevation which is not less than two feet above the flood base elevation for the site; provided, however, that basement walls or the bottom of any opening therein is not less than two feet above such elevation, and if plans and calculations for such floor and walls prepared by a licensed engineer or architect clearly indicate that the design is adequate to withstand expected forces and pressures to which it may be subjected.
(2)
The elevation of the ground for a minimum distance of 25 feet immediately surrounding any building or structure erected or moved within a flood plain shall be at an elevation of two feet above the flood base elevation for the site and shall extend in width not less than 25 feet at, or above, the elevation to a public street or accessway.
(3) The elevation of the finished surface at the crown of any new street constructed within a flood plain shall be not less than two feet above the flood base elevation for the area. The design of such streets or accessways shall be such that the normal direction or course of drainage or runoff through the area is not interrupted.
(4) If fill or any type of construction which would displace floodwaters is placed within the flood plain, a flood reservoir shall be constructed which shall hold floodwaters of equal volume to the volume of such fill or construction placed below the flood base elevation. In the case of streams and channels, such excavation shall be made opposite or just upstream from the filled-in area. Each such flood reservoir shall have adequate provision of drainage to the waterway. Upon compliance with the requirements of this chapter, the President and Board of Trustees will, upon request of an affected property owner, authorize the Village Clerk to issue a certificate of compliance, all in accordance with the standard specifications of the village.
(`95 Code, § 156.012) (Ord. 83-11, passed 9- -83)
§ 156.013 INTERPRETATION OF USE LISTS.
All applications for land uses (permitted or conditional) not contained by name in a zoning district list of permitted or conditional uses must be reviewed by the Village Plan Commission and approved by the President and Board of Trustees prior to the allowance of such use.
(`95 Code, § 156.013) (Ord. 83-11, passed 9- -83; Am. Ord. 92-31, passed 11-25-92)
§ 156.014 OUTDOOR STORAGE.
(A) The storage of materials, supplies, commodities or property other than vehicles in good running condition, currently licensed by the state and the village, except within a building or structure, shall not be permitted.
(B) Storage of building material for a reasonable time in connection with the construction of any lawful building or structure anywhere in the village shall not be considered a violation of this section.
(`95 Code, § 156.014) (Ord. 83-11, passed 9- -83; Am. Ord. 86-15, passed 7-9-86)
§ 156.015 AUTOMOBILE AND RELATED DEALERSHIPS.
(A) Scope of regulations; requirements. Any person or entity desiring to open a new or used automobile dealership or any related dealership where the items to be sold are motorized vehicles or implements, including, without limitation, boats, mobile homes, lawn care and construction machinery and other vehicles, manufactured products, garden supplies and similar uses (collectively referred to in this section as “automobile or related dealerships”) displayed outside the principal structure on the subject property and visible from any adjoining public right-of-way, must obtain site plan approval from either the comptroller or the village corporate authorities. All such uses are conditional uses in the B1 Community Business District and B2 Commercial Service District and the requirements of this section are deemed the minimal requirements for an automobile or related dealership applicant to receive a conditional use permit under § 156.160.
(B) Site plan review. An applicant for an automobile or related dealership is required to first apply for and obtain approval for a site plan for the subject property in accordance with § 156.___ [complete reference missing]. The site plan must be consistent with the site design requirements set forth in division (C) of this section.
(C) Special bulk regulations for new or used automobile dealerships. Notwithstanding anything to the contrary in the B1 Community Shopping District or B2 Commercial Service District, the following bulk regulations shall apply to any applicant for a special use permit for a new or used automobile dealership:
Minimum Lot Area | 43,560 square feet |
Minimum Lot Width | 200 feet |
Floor Area Ratio | 0.05 |
(D) Temporary structures prohibited. Sales, administrative, other office, car wash, detail or repair activities are prohibited to be conducted in any temporary building on any zoning lot proposed to be used for an automobile or related dealership. All such activities must be conducted, performed and operated in a permanent principal building located on the zoning lot.
(E) Outdoor sales of an automobile or related dealership will be subject to the following requirements:
(1) Notwithstanding anything to the contrary in this chapter, no strings of flags, pennants or bare light bulbs will be permitted in any yard or around the perimeter of any paved area of any dealership.
(2) All light poles and building mounted exterior light fixtures, except decorative or accent wall sconces, must be shielded to prevent light from creating glare on adjacent public rights-of-way and neighboring properties.
(3) A landscaped greenbelt measuring a minimum of ten feet in depth from the property line along the front and side yards must be provided. No vehicles or other merchandise can be displayed or otherwise offered for sale or lease within the required greenbelt. The landscape greenbelt must comply with the Class 4 Landscape and Buffer requirements set forth in Chapter 100 of this code. The landscaping requirements and permitted landscape material [missing text]. However, in its sole discretion, the Plan Commission may determine that additional landscaping of the front or side greenbelt is required.
(4) There shall be no broadcast of continuous music or announcements over any loudspeaker or public address system.
(5) All major repair work and routine maintenance must be maintained as an accessory use and conducted within a completely enclosed building and all outside vehicles waiting for repair shall be screened with no less than a six-foot high masonry wall.
(6) No outdoor storage of vehicle parts, other supplies, discarded or salvaged materials shall be permitted on any exterior portion of the subject property.
(F) In addition to the requirements set forth in division (E) above, outdoor sales and display areas for sale of new or used boats, mobile homes, lawn care and construction machinery and other vehicles, manufactured products, garden supplies and similar uses must be located behind the front face of the principal building on the subject property. Outdoor sales and display areas will be permitted within the required side or rear yard setbacks, provided a minimum ten-foot setback is maintained between the sales and display area and the side and rear lot lines abutting properties.
(Ord. 8-104, passed 12-17-08)