The use table in this article lists by land use type (i.e., residential, residential preservation, etc.) where a particular land use is allowed in a respective base zoning district.

(Ord. No. 202, art. 5, § 1, 11-6-2017)

If a land use is permitted by-right in a base zoning district, it is identified by the symbol "P."

(Ord. No. 202, art. 5, § 2, 11-6-2017)

The symbol "S" is noted if a land use is permitted after review and approval as a special land use in accordance with this chapter.

(Ord. No. 202, art. 5, § 3, 11-6-2017)

If a land use type is not allowed in a base zoning district, it is blank without a "P" or "S."

(Ord. No. 202, art. 5, § 4, 11-6-2017)

Land use types that are further regulated with site-specific standards are identified in article IV of this chapter.

(Ord. No. 202, art. 5, § 5, 11-6-2017)

If an application is submitted for a use type that is not classified in the land use table in section 42-91 and proven to be a need in the village, the planning commission is authorized to classify the new or unlisted use type into an existing land use category that most closely fits the new or unlisted use. If no similar use determination can be made, the planning commission may initiate an amendment to the text of the zoning ordinance.

(Ord. No. 202, art. 5, § 6, 11-6-2017)

Land use types listed in the land use and base zoning district table are defined in section 42-9.

(Ord. No. 202, art. 5, § 7, 11-6-2017)

(Ord. No. 202, art. 5, § 8, 11-6-2017; Ord. No. 2019-002, § II, 9-9-2019; Ord. No. 2019-005 , §§ IIA, B, 10-7-2019)

The placement of land uses (permitted, special use or conditional) are regulated by the zoning district. The table in section 42-100 enumerates by zoning district the dimensional requirements.

(Ord. No. 202, art. 5, § 9, 11-6-2017)

(a)

Public, semipublic, or public service buildings, hospitals, institutions or schools, when permitted in a district, may be erected to a height not exceeding 60 feet if the building is set back from each yard line at least one foot for each two feet of additional building height above the height limit otherwise provided in the district in which the building is located.

(b)

Chimneys, church steeples, cooling towers, elevator bulkheads, fire towers, monuments, stacks, stage towers, or scenery lofts, tanks, water towers, ornamental towers, spires, wireless towers, grain elevators, or necessary mechanical appurtenances may be erected to such height as may be authorized by the village council, but not to exceed 150 feet.

(Ord. No. 202, art. 5, § 10, 11-6-2017)

(a)

When 40 percent or more of the frontage on one side of the street between two intersecting streets is improved with buildings that have a front yard which is greater or less than the required front yard in the district, no building shall project beyond the average front yard so established; provided, however, that a front yard depth shall not be required to exceed 50 percent in excess of the front yard otherwise required in the district in which the lot is located.

(b)

An open unenclosed porch or paved terrace may project into a front yard for a distance not exceeding ten feet. An unenclosed vestibule containing not more than 40 square feet may project into a front yard for a distance not to exceed four feet.

(c)

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

(d)

Parking of vehicles shall not be permitted in front yards except that vehicles may be parked on driveways connecting garages, carports, or rear yard parking spaces with the street.

(Ord. No. 202, art. 5, § 11, 11-6-2017)

(a)

For the purpose of side yard regulations, a two-family dwelling, or multiple dwelling, shall be considered as one building occupying one lot.

(b)

Whenever a lot at the effective date of the ordinance from which this chapter is derived has a width of less than 60 feet, each side yard may be reduced to a width of not less than ten percent of the width of the lot, but in no instance shall a side yard be less than three feet.

(c)

The required side yard on the street side of a corner lot shall be the same as the required front yard on such street, except that the buildable width shall not be reduced to less than 32 feet, and no accessory building shall project beyond the required front yard on either street.

(d)

Where dwelling units are erected above a commercial establishment, no side yard is required except when required for the commercial building on the side of a lot adjoining a residential district.

(e)

Terraces, uncovered porches, platforms, and ornamental features which do not extend more than three feet above the floor level of the ground story may project into a required yard, provided these projections be at least two feet from the adjacent side lot line.

(Ord. No. 202, art. 5, § 12, 11-6-2017)

(a)

Open-lattice enclosed fire escapes, fireproof outside, stairways, and balconies opening upon fire towers, and the ordinary projections of chimneys and flues into the rear yard may be permitted for a distance of not more than 3½ feet and where the same are so placed as not to obstruct light and ventilation.

(b)

Not more than 20 percent of the required rear yard area may be occupied by unenclosed parking spaces; except in R-2 districts, where not more than 50 percent of required rear yards may be occupied as unenclosed parking spaces.

(Ord. No. 202, art. 5, § 13, 11-6-2017)

(a)

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.

(b)

In the event that a lot is to be occupied by a group of two or more related buildings to be used for multiple dwellings, institutional, motel or hotel purposes, there may be more than one main building on the lot; provided, however, that the open spaces between buildings that are parallel, or within 45 degrees of being parallel, shall have a minimum dimension of 20 feet for one-story buildings, 30 feet for two-story buildings, and 40 feet for three- or four-story buildings.

(c)

Accessory buildings may be built in a required yard but such accessory buildings shall not occupy more than 30 percent of a required rear yard and shall not be nearer than two feet to any side or rear lot line, except that when a garage is entered from an alley, it shall not be located closer than ten feet to the alley line. If a garage is located closer than ten feet to the main building, the garage shall be regarded as part of the main building for the purposes of determining side and rear yards.

(d)

No accessory buildings shall be constructed upon a lot until the construction of the main building has been actually commenced, and no accessory building shall be used for dwelling purposes.

(Ord. No. 202, art. 5, § 14, 11-6-2017)

(a)

Every part of a required yard shall be open to the sky, unobstructed by any structure, except for the ordinary projection of sills, belt courses, cornices, and ornamental features which may extend to a distance not to exceed 18 inches into any required yard. Roofs and eaves may extend not more than 30 inches into any required yard.

(b)

Where open space is more than 75 percent surrounded by a building, the minimum width of the open space shall be at least 20 feet for one-story buildings, 30 feet for two-story buildings, and 40 feet for three- or-four-story buildings.

(Ord. No. 202, art. 5, § 15, 11-6-2017)

(a)

Every dwelling unit which shall hereafter be constructed, reconstructed or converted at any location in the village shall have a minimum width across the front, sides and rear of 20 feet and shall comply with the minimum square feet requirements hereinafter set forth and with the state construction code as promulgated by the state construction code commission under the provisions of Public Act No. 230 of 1972, as amended.

(b)

Every dwelling unit above the grade shall contain the following minimum square feet of living area, measured around the exterior of the dwelling, and excluding porches, patios, decks, garages, breezeways, and carports, to-wit:

(1)

Single-family dwelling unit: 864 square feet.

(2)

Two-family dwelling units: 1,728 square feet.

(c)

For buildings having more than two dwelling units an additional 700 square feet of living area shall be required for each dwelling unit in excess of two.

(Ord. No. 202, art. 5, § 16, 11-6-2017)

Notes:

^* A side or rear yard is required on a commercial or industrial lot abutting a residential district, otherwise, no side or rear yard is required.

^** Minimum lot area and minimum lot width requirements do not apply to commercial uses.

^*** Except as provided in section 42-93.

(Ord. No. 202, art. 5, § 17, 11-6-2017)