The following use restrictions and regulations shall apply:

(1)

Principal uses. Only those principal uses specified for a district, their essential services and the following shall be permitted in that district:

(2)

Unclassified or unspecified uses. Unclassified or unspecified uses may be permitted by the zoning board of appeals after the plan commission has made a review and recommendation, provided that such uses are similar in character to the principal uses permitted in the district.

(3)

Accessory uses. Accessory uses and structures are permitted in any district, but not until their principal structure is present or under construction. Residential accessory uses shall not involve the conduct of any business, trade, or industry. Accessory uses include incidental repairs; storage incidental to permitted uses; parking facilities, provided that no parking space or facility shall be closer than ten feet to a public street right-of-way; gardening; servant's owner's, itinerant agricultural laborer's, and watchmen's quarters not for rent; private swimming pools; and private emergency shelters. Accessory uses and structures shall not extend into any required yard except as permitted in section 54-628.

(4)

Conditional uses. Conditional uses and their accessory uses are considered as special uses requiring review, public hearing, and approval by the village board in accordance with article V of this article.

(5)

Temporary uses. Temporary uses such as real estate sales field offices or shelters for materials and equipment being used in the construction of a permanent structure, may be permitted by the zoning board of appeals.

(6)

Uses not specified in Code.

a.

Uses not specified in this article which are found by the village board to be sufficiently similar to specified permitted uses for a district shall be allowed by the zoning administrator.

b.

Uses not specified in this article and which are found sufficiently similar to specified conditional uses permitted for a district may be permitted by the village board public hearing and approval in accordance with article V of this chapter.

(Code 2003, § 13-1-21)

(a)

Required area. No lot, yard, parking area, building area or other required space shall be reduced in size or dimension so as not to meet the provisions of this article.

(b)

Joint use. No part of any lot, yard, parking area or other space required for a structure or use shall be used for any other structure or use. No part of a yard or other open space provided about any building for the purpose of complying with the provisions of this article shall be included as part of a yard or open space required for another building.

(Code 2003, § 13-1-22)

(a)

Site suitability. No land shall be used or structure erected where the land is unsuitable for such use or structure by reason of flooding, concentrated runoff, inadequate drainage, adverse soil or rock formation, unfavorable topography, low percolation rate or bearing strength, erosion susceptibility, or any other feature likely to be harmful to the health, safety, prosperity, aesthetics and general welfare of this community. The plan commission or building board, in applying the provisions of the section, shall in writing recite the particular facts upon which it bases its conclusion that the land is not suitable for certain uses. The applicant shall have an opportunity to present evidence contesting such unsuitability if he so desires. Thereafter, the plan commission or building board may affirm, modify, or withdraw its determination of unsuitability.

(b)

Street frontage. All lots shall abut upon a public street or other officially approved means of access, and each lot shall have a minimum frontage of 40 feet; however, to be buildable, the lot shall comply with the frontage requirements of zoning district in which it is located.

(c)

Principal structures. All principal structures shall be located on a lot and only one principal structure shall be located, erected or moved onto a lot in the R-1 and R-2 residential districts. Multiple structures may be permitted in other districts, provided that the structures are permitted uses in the district, and further provided that the building board has reviewed and approved building plans and specifications submitted by the building permit applicant.

(d)

Dedicated street. No building permit shall be issued for a lot which abuts a public street dedicated to only a portion of its proposed width and located on that side thereof from which the required dedication has not been secured.

(e)

Preservation of topography. In order to protect the property owner from possible damage due to change in the existing grade of adjoining lands, and to aid in preserving and protecting the natural beauty and character of the landscape, no change in the existing topography of any land shall be made which would result in increasing any portion of the slope to a ratio greater than two horizontal to one vertical, within a distance of ten feet from the property line, except with the written consent of the owner of the abutting property and with the approval of the village board; or which would alter the existing drainage or topography in any way as to adversely affect the adjoining property. In no case shall any slope exceed the normal angle of slippage of the material involved, and all slopes shall be protected against erosion.

(f)

Decks. All decks and any portion of a deck (such as floor, railings, ramps, or stairways) shall be located at least three feet from any lot line. Decks or ramps needed for handicap accessibility purposes shall be exempt from any setback requirements.

(g)

Lots abutting two streets. Where a lot abuts on two or more streets or alleys having different average established grades, the higher of such grades shall control only for a depth of 120 feet from the line of the higher average established grade.

(h)

Double-frontage lots. Buildings on through lots and extending from street to street may have waived the requirements for a rear yard by furnishing an equivalent open space on the same lot in lieu of the required rear yard, provided that the setback requirements on both streets be complied with.

(i)

Open yards. Every part of a required yard shall be open to the sky, unobstructed, except for accessory buildings or structures to allow for rain barrels and cisterns in a rear yard, and the ordinary projections of sills, belt courses, cornices and ornamental features projecting not more than 12 inches.

(j)

Buffer yard required. Any business or industrial use commenced after January 1, 1993, that abuts a residential district shall provide a minimum buffer yard of 20 feet between the business use and all single-family and two-family residential districts. Such minimum buffer yard shall be in addition to any setback or any other yard requirement. A minimum buffer yard of 20 feet shall be required between any single- or two-family residential use and a multifamily residential use. Such minimum buffer yard and shall be in addition to any setback or any other yard requirement. The purpose of the buffer yard is to screen the business activity or multifamily residential activity from the single- or two-family residential environment in such a manner that:

(1)

If a buffer yard is composed entirely of plant materials, it shall be of sufficient depth and height, and contain sufficient plant species as to provide dense visual screening within two years and during all seasons of the year.

(2)

Where architectural walls, berms, or fences are used, sufficient landscaping shall be used in conjunction with such wall, berm, or fence to create an attractive view from the residential side. When a berm and fence are used in combination, the fence shall be erected on the business/industrial side of the berm. Any wall or fence shall not be less than six or more than eight feet in height and shall comply with the requirements set forth for fences in section 54-65. Berms shall not exceed a slope of three feet horizontal to one foot vertical.

(3)

Where the land adjacent to the buffer yard is a parking lot, the buffer screen shall be sufficiently opaque to prevent the penetration of headlight glare.

(4)

All landscaping shall be maintained by the owner or operator to the satisfaction of the building board.

(5)

No lighting shall be permitted on or in any part of the buffer yard, and no lighting installed elsewhere on the parcel shall direct any rays onto adjacent residential properties.

(6)

No signs shall be permitted on or in any part of the buffer yard.

(7)

The use of a combination of vegetation, architectural walls and fencing is encouraged to accommodate the siting of vegetated stormwater management measures, which may be located in any required buffer yard. The building board shall give consideration to the grading, siting, and planting needs for vegetated stormwater management measures in approved buffer yard plans under this section.

(k)

Existing flora. Vegetative cover within 20 feet of the high water mark of the Menomonee River or to the crest of the river bank, whichever is greater, shall not be disturbed except by authorization by the village board.

(Code 2003, § 13-1-23; Ord. No. 23-04, § I, 8-15-2023)