The following tables summarize the zoning district requirements. In the event of a conflict between these tables and other provisions of this chapter, such other provisions shall control.

DISTRICT PERMITTED (P) AND CONDITIONAL (C) USES

¹ See Co-1 district.

² See C-1 district text.

³ See R-2 district.

⁴ See also R-3 and R-4 districts.

⁵ See also R-1 district.

DISTRICT STANDARDS

¹ 25 feet in combination.

² See section 113-196(d) by number of bedrooms.

(Prior Code, § 24.85; Ord. No. O-2016-05, 9-12-2016)

(a)

Purpose. The provisions of this section apply to the E-1 district. The E-1 district is intended to provide a quiet, pleasant and spacious living area protected from traffic hazards and the intrusion of incompatible land uses.

(b)

Permitted uses. The following uses of land are permitted in the E-1 district:

(1)

Single-family detached dwellings.

(2)

Two private garages. To be permitted, detached garages (only one per lot) must meet the permitted use requirements specified in this section.

(3)

Accessory uses and buildings as follows:

a.

Gardening, tool and storage sheds incidental to the residential use, not to exceed 200 square feet.

b.

Community living arrangements which have a capacity for eight or fewer persons.

c.

Foster family homes.

d.

Uses customarily incidental to any of the above uses, provided that no such uses generate traffic or noise that would create public or private nuisance.

e.

Home occupations and professional home offices as specified herein.

(c)

Conditional uses. The following are permitted as conditional uses within the E-1 district:

(1)

Professional home offices in an accessory building.

(2)

Community living arrangements which have the capacity for nine or more persons.

(3)

Utilities (electric substations, telephone switching stations, gas regulators, etc.).

(4)

Bed and breakfast inns with up to four guest rooms and serving only breakfast.

(5)

All accessory structures customarily accessory to permissible uses and structures other than the accessory structures set out in subsection (b)(3)a of this section.

(d)

Lot building and yard requirements.

(1)

Lot frontage: Minimum 150 feet at setback.

(2)

Lot area: Minimum 40,000 square feet.

(3)

Principal building:

a.

Front yard: Minimum 40 feet.

b.

Side yard: Minimum 15 feet each side.

c.

Rear yard: Minimum 40 feet.

d.

Rear yard with open deck: Minimum 28 feet.

e.

Building height: Maximum 35 feet.

(4)

Accessory building:

a.

Front yard: Minimum five feet from back of principal building.

b.

Side yard: Minimum three feet.

c.

Rear yard: Minimum three feet.

d.

Building height: Maximum 18 feet.

(5)

Detached garages:

a.

Front yard: Minimum 40 feet.

b.

Side yard: Minimum three feet.

c.

Rear yard: Minimum three feet.

d.

Minimum size: 20 feet by 20 feet.

e.

Maximum size: 24 feet by 30 feet or equivalent square footage of 720 square feet.

f.

Building height: Maximum 18 feet.

g.

Percent of lot coverage: Maximum 30 percent.

h.

Parking spaces required: Three spaces per dwelling unit.

i.

The total minimum floor area of a dwelling shall be 1,500 square feet. Two story dwelling units shall require a minimum 1,800 square feet, with a first floor of not less than 1,000 square feet.

(e)

Other requirements. A private two stall garage is required for each residential parcel. A garage with up to three stalls is permitted. The overall parking space requirements may be met through parking stalls available in the garage or a combination of the stalls available in the garage and other off-street parking. Requirements for off-street parking are specified in section 113-292.

(Prior Code, § 24.21)

(a)

Purpose. The provisions of this section apply to the R-1 district. The R-1 district is intended to provide a quiet, pleasant and relatively spacious living area protected from traffic hazards and the intrusion of incompatible land uses.

(b)

Permitted uses. The following uses of land are permitted in the R-1 district:

(1)

Single-family detached dwellings.

(2)

One private garage. To be permitted, detached garages must meet the permitted use requirements specified in this section.

(3)

Accessory uses and buildings as follows:

a.

One gardening, tool and storage sheds incidental to the residential use, not to exceed 200 square feet.

b.

Off-street parking. (See section 113-292.)

c.

Signs as permitted by village ordinances.

(4)

Community living arrangements which have a capacity for eight or fewer persons.

(5)

Foster family homes.

(6)

Uses customarily incident to any of the above uses, provided that no such use generates traffic or noise that would create public or private nuisance.

(7)

Home occupations and professional home offices as specified therein.

(8)

The keeping of chickens pursuant to and in accordance with a license issued under section 6-29.

(c)

Conditional uses. The following are permitted as conditional uses within the R-1 district:

(1)

Professional home offices.

(2)

Funeral services.

(3)

Community living arrangements which have a capacity for nine or more persons.

(4)

Utilities (electric substations, telephone switching stations, gas regulators, etc.).

(5)

Bed and breakfast inns with up to four guest rooms and serving only breakfast.

(6)

Parks, playgrounds and swimming pools.

(7)

Schools, and churches and their affiliated uses.

(8)

Home occupations in an accessory building.

(9)

Private garages exceeding the permitted use requirements.

(10)

Pre-school and day care.

(d)

Lot building and yard requirements.

(1)

Lot width: Minimum 85 feet.

(2)

Lot area: Minimum 10,000 square feet.

(3)

Principal building:

a.

Front yard: Minimum 30 feet.

b.

Side yard: Minimum ten each side.

c.

Rear yard: Minimum 40 feet.

d.

Rear yard with open air deck: Minimum 28 feet.

e.

Building height: Maximum 35 feet.

(4)

Accessory building:

a.

Front yard: Minimum five feet from back of the principal building.

b.

Side yard: Minimum three feet.

c.

Rear yard: Minimum three feet.

d.

Building height: Maximum 18 feet.

(5)

Detached garages:

a.

Front yard: Minimum 30 feet.

b.

Side yard: Minimum three feet.

c.

Rear yard: Minimum three feet.

d.

Minimum size: 20 feet by 20 feet.

e.

Maximum size: 24 feet by 30 feet or equivalent square footage of 720 square feet.

f.

Building height: Maximum 18 feet.

g.

Percent of lot coverage: Maximum 30 percent.

h.

Parking spaces required: Three spaces per dwelling unit.

i.

A garage or principal building with alley access: Minimum 20 feet setback from property line.

j.

Total minimum floor area of dwelling: The total minimum floor area of dwelling units shall require a minimum 1,400 square feet. Two story dwelling units shall require a minimum 1,600 square feet with a first floor of not less than 800 square feet.

(e)

Other requirements.

(1)

A private two stall garage is required for each residential parcel. A garage with up to three stalls is permitted.

(2)

The overall parking space requirements may be met through parking stalls available in the garage or a combination of the stalls available in the garage and other off-street parking.

(3)

Requirements for off-street parking are specified in section 113-292.

(Prior Code, §§ 10.03, 24.22)

(a)

Purpose. The provisions of this section apply to the R-2 district. The R-2 district is intended to provide low to medium density residential development with emphasis on a single-family residential uses.

(b)

Permitted uses. The following uses of land are permitted in the R-2 district:

(1)

Same as uses permitted in R-1 district.

(c)

Conditional uses. The following are permitted as conditional uses within the R-2 district:

(1)

Same as uses conditional in R-1 district.

(d)

Lot, building and yard requirements.

(1)

Lot frontage: Minimum 60 feet.

(2)

Lot area: Minimum 8,000 square feet.

(3)

Principal building:

a.

Front yard: Minimum 25 feet.

b.

Side yard: Minimum eight feet.

c.

Rear yard: Minimum 25 feet.

d.

Building height: Maximum 35 feet.

(4)

Accessory building:

a.

Front yard: Minimum five feet from back of the principal building.

b.

Side yard: Minimum three feet.

c.

Rear yard: Minimum three feet.

d.

Building height: Maximum 18 feet.

(5)

Detached garages:

a.

Front yard: Minimum 25 feet.

b.

Side yard: Minimum three feet.

c.

Rear yard: Minimum three feet.

d.

Building height: Maximum 18 feet.

e.

Minimum size: 20 feet by 20 feet.

f.

Maximum size: 24 feet by 30 feet or equivalent square footage of 720 square feet.

g.

Percent of lot coverage: Maximum 30 percent.

h.

Parking spaces required: Three spaces per dwelling unit.

i.

Total minimum floor area of dwelling: The total minimum floor area of a dwelling shall be 1,000 square feet. Two-story dwelling units shall require a minimum 1,200 square feet with a first floor of not less than 700 square feet.

(e)

Other requirements. A private two stall garage is required for each residential parcel.

(Prior Code, § 24.23)

(a)

Purpose. The provisions of this section apply to the R-3 district. This district is intended to provide for moderate to medium density residential development with emphasis on single- and two-family residential uses. Nonresidential uses are limited to those which are compatible with the medium density character of the district.

(b)

Permitted uses. The following uses of land are permitted in the R-3 district:

(1)

One- or two-family dwellings.

(2)

One private garage with a minimum 400 square feet per dwelling unit.

(3)

Community living arrangements which have a capacity for eight or fewer persons.

(4)

Foster family home.

(5)

Permitted accessory uses and buildings under section 113-193(b)(3) allowed in the R-1 Single-Family Residential District.

(6)

Home occupation and professional home offices as specified therein.

(7)

The keeping of chickens pursuant to and in accordance with a license issued under chapter 6, article II.

(c)

Conditional uses. The following are permitted as conditional uses within the R-3 district:

(1)

Community living arrangements which have a capacity for nine or more persons.

(2)

Utilities.

(3)

Single-family detached dwellings.

(4)

Churches and their affiliated uses.

(5)

Bed and breakfast inns.

(6)

Parks, playgrounds and swimming pools.

(7)

Schools.

(8)

Private garages exceeding the permitted use requirements.

(9)

Zero lot line construction.

(d)

Lot, building and yard requirements.

(1)

Lot width: Minimum 90 feet.

(2)

Lot area: Minimum 12,000 square feet.

(3)

Principal building:

a.

Front yard: Minimum 30 feet.

b.

Side yard: Minimum ten feet.

c.

Rear yard: Minimum 25 feet.

(4)

Accessory building:

a.

Front yard: Minimum 30 feet.

b.

Front yard (other than garage use): Minimum five feet from back of the principal building.

c.

Side yard: Minimum three feet.

d.

Rear yard: Minimum three feet.

e.

Height: Maximum 18 feet.

f.

Building height: Maximum 35 feet.

(5)

Percent of lot coverage: Maximum 30 percent.

(6)

Parking spaces required: Two per dwelling unit.

(7)

No detached garages are permitted.

(8)

Lot, yard and principal building requirements for zero lot line construction:

a.

Lot frontage: Minimum 45 feet.

b.

Lot area: Minimum 6,000 square feet.

c.

Front yard: Minimum 30 feet.

d.

Side yard: Minimum ten feet on one side and zero feet on the other side.

e.

Rear yard: Minimum 25 feet.

(9)

Total minimum floor area of dwelling: The minimum floor area of a dwelling shall be 950 square feet per dwelling unit.

(10)

Zero lot lines are permitted as follows:

a.

After June 1, 1996, to obtain approval for zero lot line construction on buildings for which the building permit was issued, each unit shall be required to have separate sewer and water lateral connections; separate sewer/water, electric and gas shutoffs; and separate sewer/water, electric and gas meters.

b.

Prior to June 1, 1996, to obtain approval for zero lot line construction on buildings for which the building permit was issued, each unit shall be required to have separate sewer/water, electric and gas meters.

c.

All zero lot line construction shall also be required to obtain approval of and record a certified survey or plat map, as appropriate under the land division ordinance, and a satisfactory maintenance agreement. In addition to other land division and building construction requirements, the owner shall not be entitled to an occupancy permit until the owner:

1.

Has had a surveyor verify that the zero lot line on the map accurately depicts the actual centerline for the common walls after the foundation of the building has been poured (through as-built plans or other means satisfactory to the village engineer); and

2.

Has provided confirmation of same to the building inspector.

d.

No occupancy will be granted without a satisfactory and approved maintenance agreement.

(e)

Other requirements. A two stall garage is required for each dwelling unit.

(Prior Code, §§ 10.03, 24.24)

(a)

Purpose. The provisions of this section apply to the R-4 district. The R-4 district is intended to provide a living area that is pleasant but not so spacious as the lower density districts, in order to accommodate multiple-family residences.

(b)

Permitted uses. The following uses of land are permitted in this district:

(1)

All uses permitted in the R-3 district, except one- and two-family dwellings.

(2)

Multiple-family residential buildings.

(3)

Roominghouses and boardinghouses for up to four guests.

(4)

Charitable institutions, rest homes, convalescent homes, nursing homes, homes for the care of children, homes for the care of the aged, homes for the care of the indigent, and similar institutions.

(5)

Accessory buildings, not to exceed 200 square feet.

(6)

One private garage.

(c)

Conditional uses. The following are permitted as conditional uses within the R-4 district:

(1)

Home occupations.

(d)

Lot, building and yard requirements.

(1)

Lot frontage: Minimum 100 feet.

(2)

Lot area: Minimum 12,000 square feet.

(3)

Principal building:

a.

Front yard: Minimum 30 feet.

b.

Side yard: Minimum ten feet.

c.

Rear yard: Minimum 25 feet.

(4)

Accessory building:

a.

Front yard (garage and other than garage): Minimum five feet from back of the principal building.

b.

Side yard: Minimum three feet.

c.

Rear yard: Minimum three feet.

(5)

Height: Maximum 18 feet.

(6)

Building height: Maximum 35 feet.

(7)

Percent of lot coverage (building and parking area): Maximum 70 percent.

(8)

Lot area per dwelling unit:

a.

Two bedrooms: 3,000 square feet.

b.

Three bedrooms: 4,000 square feet.

c.

Four bedrooms: 5,000 square feet.

(9)

Parking spaces required per dwelling unit: Minimum two stalls per unit; units with three or more bedrooms: one stall per bedroom.

(10)

Total minimum floor area of dwelling: The total minimum floor area of each dwelling unit shall be 800 square feet.

(e)

Other requirements.

(1)

The floor area ratio, defined as the maximum square footage of total floor area permitted for each foot of land area, shall not be more than 0.325.

(2)

A private garage is not required, but is permitted. The overall parking space requirements may be met through parking stalls available in the garage or a combination of the stalls available in the garage and other off-street parking. Requirements for off-street parking are specified in section 113-292.

(Prior Code, § 24.25)

(a)

Purpose.

(1)

The provisions of this section apply to the C-1 district. The C-1 district is intended to provide an area for the business and commercial needs of the community, especially those which can be most suitably located in a compact and centrally located business district.

(2)

On Main Street, the C-1 district is designed to accommodate those retail, service, and office uses characteristic of the original "downtown" area of the village.

(b)

Permitted uses. The following uses of land are permitted in the C-1 district:

(1)

Paint, glass and wallpaper stores.

(2)

Hardware stores.

(3)

Department stores, variety stores, and general merchandise stores.

(4)

General grocery stores, supermarkets, fruit and vegetable stores, meat and fish stores, and miscellaneous food stores.

(5)

Candy, nut or confectionery stores.

(6)

Dairy products stores, including ice cream stores.

(7)

Retail bakeries, including those which produce some or all of the products sold on the premises, but not including establishments which manufacture bakery products primarily for sale through outlets located elsewhere or through home service delivery.

(8)

Clothing and shoe stores.

(9)

Furniture, home furnishings, and floor covering stores.

(10)

Restaurants, lunch rooms and other eating places, except drive-in type establishments.

(11)

Taverns, bars, and other drinking places with permit by village board.

(12)

Drug stores and pharmacies.

(13)

Liquor stores.

(14)

Antique stores and secondhand stores.

(15)

Sporting goods stores.

(16)

Book stores.

(17)

Stationery stores.

(18)

Jewelry and clock stores.

(19)

Camera and photographic supply stores.

(20)

Gift, novelty and souvenir shops.

(21)

Florist shops.

(22)

Tobacco and smokers' supplies stores.

(23)

News dealers and newsstands.

(24)

Wholesale merchandise establishments, only for retail items listed above.

(25)

Banks and other financial institutions.

(26)

Offices of insurance companies, agents, brokers, service representatives.

(27)

Offices of real estate agents, brokers, managers and title companies.

(28)

Reupholstering and furniture repair.

(29)

Retail laundry and dry cleaning outlets, including coin-operated laundries and dry cleaning establishments, commonly called laundromats and launderettes, tailor shops, dressmakers' shops, and garment repair shops, but not garment pressing establishments, hand laundries, or hat cleaning and blocking establishments.

(30)

Photographic studios and commercial photography establishments.

(31)

Barbershops, beauty shops and hairdressers.

(32)

Shoe repair shops and shoe shine parlors.

(33)

Advertising agencies, consumer credit reporting, news agencies, and employment agencies.

(34)

Duplicating, blueprinting, photocopying, addressing, mailing, mailing list, and stenographic services.

(35)

Computer services.

(36)

Watch, clock and jewelry repair services.

(37)

Bowling alleys.

(38)

Offices of physicians and surgeons, dentists and dental surgeons, osteopathic physicians, and chiropractors; and veterinarian's offices without outdoor kennel facilities.

(39)

Law offices.

(40)

The offices, meeting places, and premises of professional membership associations, labor unions and similar labor organizations; political organizations; religious organizations; charitable organizations; or other nonprofit membership organizations.

(41)

Engineering and architectural firms or consultants; accounting, auditing, and bookkeeping firms or services.

(42)

Professional, scientific, or educational firms, agencies, offices, or services, but not research laboratories or manufacturing operations.

(43)

The offices of governmental agencies, post offices, libraries, and municipal parking lots.

(44)

Public transportation passenger stations, taxicab company offices, and taxicab stands, but not vehicle storage lots or garages.

(45)

Telephone and telegraph and communication offices.

(c)

Conditional uses. The following are permitted as conditional uses in the C-1 district:

(1)

The sale, service, repair, testing, demonstration or other use of engines or motors, or any type of devise, appliance or equipment operated by such engines or motors. However, the number of unenclosed vehicles awaiting sale or repair shall be established by the plan commission. Enclosed vehicles shall be stored within a building or enclosed by a complete vision-barrier fence a minimum of six feet in height. Prior to construction, the materials proposed to be used for the fence and the fence design shall be approved by the plan commission. Such enclosure fences shall be maintained in such a manner so as not to constitute a nuisance.

(2)

The sale, service, repair, testing, demonstration or other use of radios, televisions sets, high-fidelity sound equipment, electronic amplifiers, stereophonic sound systems, musical instruments, or other such devices.

(3)

Establishments engaged in the sale, service, repair, testing, demonstration or other use of motor-driven bicycles, commonly called motorbikes; with the provision that such activity, when carried out in an establishment which also engages in the sale, repair or other operations with non-motor-driven bicycles, shall constitute a separate and distinct use insofar as the intention of this chapter is concerned.

(4)

Establishments engaged in the sale, servicing, repairing, testing, demonstration or other use of electrical household appliances, including refrigerators, freezers, air conditioners, washing machines, vacuum cleaners, dishwashers, irons, toasters, or similar household appliances. Further, such facilities for operating, repairing, loading, unloading and storage of such appliances or equipment shall be provided in a manner which affords no nuisance of obstruction, or of the discharge of unpleasant or harmful vapors or liquids, or of unsightly conditions to the public.

(5)

Miscellaneous repair shops and related services.

(6)

Garment pressing establishments, hand laundries, and hat cleaning and blocking shops.

(7)

Establishments engaged in the publishing and printing of newspapers, periodicals or books.

(8)

Residential dwelling units located in a building with only permitted uses as follows:

a.

Within this paragraph (8):

1.

Commercial space means any finished floor area of a building devoted to a permitted business use.

2.

First floor means the building floor level at grade with the adjacent principal street.

3.

Principal street means the public way adjacent to the building from which the building address is derived.

b.

Residential dwelling units located on a floor other than the first floor if the following conditions are met:

1.

The residential dwelling units meet commercial code for multi-family residential use;

2.

The residential dwelling units are not located in accessory structures;

3.

At least one off-street private parking stall is assigned per bedroom per residential dwelling unit, with a minimum of one parking stall per residential dwelling unit; and

4.

No first floor principal street frontage is dedicated to residential dwelling units except that no more than five feet of principal street frontage may be used for ingress and egress to the building's residential dwelling units.

c.

Residential dwelling units located on the first floor if the following conditions are met:

1.

Conditions imposed by paragraph (8)b. above;

2.

The area dedicated to first floor residential dwelling units is no more than 50 percent of the finished first floor area; and

3.

There is no direct interior access, including but not limited to a locked door, between any residential dwelling unit and a commercial space.

(9)

The parking of trucks as an accessory use, when used in the conduct of a permitted business listed above in this section, shall be limited to vehicles of not over 10,000 pounds gross vehicle weight when located within 150 feet of a residential district boundary line.

(10)

Farm supplies, wholesale trade.

(11)

Community living arrangements, including day care.

(12)

Commercial parking lots, parking garages, and parking structures.

(13)

Motion picture theaters, not including drive-in theaters.

(14)

Gasoline service stations; provided, further, that all gasoline pumps, storage tanks, and accessory equipment must be located at least 30 feet from any existing or officially proposed street line.

(15)

Establishments engaged in renting and/or selling videocassettes, DVDs, and related items such as VCRs, DVD players, TVs and similar electronic equipment.

(16)

Lumber yard.

(17)

Archery range and shooting gallery.

(d)

Lot, building and yard requirements.

(1)

Lot width: Minimum 50 feet.

(2)

Lot area: Minimum 6,000 square feet.

(3)

Front yard: Minimum 25 feet.

(4)

Side yard: Minimum ten feet (on one side).

(5)

Rear yard: Minimum ten feet.

(6)

Building height: Maximum 45 feet.

(7)

Percent of lot coverage: Maximum 90 percent.

(8)

Lot area per dwelling unit: Minimum 2,000 square feet.

(9)

Parking spaces required: See section 113-292.

(10)

Zero lot lines are permitted as follows:

a.

After June 1, 1996, to obtain approval for zero lot line construction on buildings for which the building permit was issued, each unit shall be required to have separate sewer and water lateral connections; separate sewer/water, electric and gas shutoffs; and separate sewer/water, electric and gas meters.

b.

Prior to June 1, 1996, to obtain approval for zero lot line construction on buildings for which the building permit was issued, each unit shall be required to have separate sewer/water, electric and gas meters.

c.

All zero lot line construction shall also be required to obtain approval of and record a certified survey map or plat map, as appropriate under the land division ordinance, and a satisfactory maintenance agreement. In addition to other land division and building construction requirements, the owner shall not be entitled to an occupancy permit until the owner:

1.

Has had a surveyor verify that the zero lot line on the map accurately depicts the actual centerline for the common walls after the foundation of the building has been poured (through as-built plans or other means satisfactory to the village engineer); and

2.

Has provided confirmation of same to the building inspector.

d.

No occupancy will be granted without a satisfactory and approved maintenance agreement.

e.

For the commercial area located on Main Street in the design overlay district, the maximum height, side, front and rear yards, minimum lot width and parking for new or converted buildings should correspond with typical existing development layout of the district provided the plan commission determines such development is in keeping with the purposes, design and character of the district and is architecturally compatible with the downtown area.

f.

Site plan approval is required by the plan commission and village board.

(Prior Code, § 24.26; Ord. No. O-2019-02, § 1, 6-24-2019)

(a)

Purpose. The provisions of this section apply to the C-2 district. The C-2 district is intended to provide an area for those business and commercial activities which especially have to do with motor vehicles or highway transportation, or which provide goods or services primarily to travelers on a highway, or for which location adjacent to a major thoroughfare or highway is a compelling practical consideration, or for which it is especially appropriate for some other reason to be located adjacent to a major thoroughfare or highway.

(b)

Permitted uses. The following uses are permitted in the C-2 district:

(1)

Establishments engaged in the retail sale of automobiles, trailers, mobile homes, or campers.

(2)

Stores for the sale and installation of tire, batteries, mufflers or other automotive accessories.

(3)

General grocery store.

(4)

Restaurants, lunch rooms and other eating places, including drive-in establishments.

(5)

Establishments engaged in the daily or extended-term rental or leasing of house trailers, mobile homes or campers.

(6)

Establishments engaged in the daily or extended-term rental or leasing of passenger automobiles, limousines, or trucks, without drivers, or of truck trailers or utility trailers.

(7)

Commercial parking lots, parking garages, or parking structures.

(8)

Establishments for the washing, cleaning or polishing of automobiles, including self-service car washes.

(9)

Hotels, motor hotels, or motels.

(c)

Conditional uses. The following are permitted as conditional uses within the C-2 district. Such use shall be subject to the consideration of the plan commission with regard to such matters as the creation of nuisance conditions for the public or for the users of nearby areas, the creation of traffic hazards, the creation of health hazards, or other factors.

(1)

Gasoline service stations.

(2)

Seasonal roadside stands for the sale of vegetables, fruit, or other farm products, but not other types of products or merchandise.

(3)

Establishments or facilities for the sale, rental, service, repair, testing, demonstration, or other use of motorcycles, motorized bicycles, go-karts, snowmobiles, aircraft, or other motorized vehicles or other components.

(4)

Establishments or facilities for the sale, rental, service, repair, testing, demonstration, or other use of motorboats, other watercraft, marine supplies, motors for watercraft, or their components.

(5)

Roominghouses and boardinghouses.

(6)

Miscellaneous amusement and recreation services.

(7)

Camps and recreational vehicle parks.

(8)

Drive-in and convenience establishments not mentioned above.

(9)

Automobile repair shops, including shops for general mechanical repairs, automobile body repair, and repair of tires, but not including establishments for rebuilding, retreading, recapping, vulcanizing, or manufacturing tires.

(10)

Establishments primarily engaged in specialized automobile repair, such as electrical, battery and ignition repair, radiator repair, glass replacement and repair, carburetor repair, and wheel alignment service.

(11)

Community living arrangements, including day care.

(12)

Highway passenger and motor freight transport.

(13)

The parking of trucks as an accessory use, when used in the conduct of a permitted business listed above in this section, shall be limited to vehicles of not over 10,000 pounds gross vehicle weight when located within 150 feet of a residential district boundary line.

(14)

Establishments engaged in renting and/or selling videocassettes and related items such as VCRs, DVD players, TVs and similar electronic equipment.

(d)

Lot, building and yard requirements.

(1)

Lot, frontage: Minimum 80 feet.

(2)

Lot area: Minimum 12,000 square feet.

(3)

Front yard: Minimum 35 feet.

(4)

Side yard: Minimum ten feet.

(5)

Rear yard: Minimum 30 feet.

(6)

Building height: Maximum 35 feet.

(7)

Percent of lot coverage: Maximum 40 percent.

(8)

Parking spaces required: See section 113-292.

(9)

Zero lot lines are permitted as follows:

a.

After June 1, 1996, to obtain approval for zero lot line construction on buildings for which the building permit was issued, each unit shall be required to have separate sewer and water lateral connections; separate sewer/water, electric and gas shutoffs; and separate sewer/water, electric and gas meters.

b.

Prior to June 1, 1996, to obtain approval for zero lot line construction on buildings for which the building permit was issued, each unit shall be required to have separate sewer/water, electric and gas meters.

c.

All zero lot line construction shall also be required to obtain approval of and record a certified survey or plat map, as appropriate under the land division ordinance, and a satisfactory maintenance agreement. In addition to other land division and building construction requirements, the owner shall not be entitled to an occupancy permit until the owner:

1.

Has had a surveyor verify that the zero lot line on the map accurately depicts the actual centerline for the common walls after the foundation of the building has been poured (through as-built plans or other means satisfactory to the village engineer); and

2.

Has provided confirmation of same to the building inspector.

d.

No occupancy will be granted without a satisfactory and approved maintenance agreement.

(Prior Code, § 24.27)

(a)

Purpose. The provisions of this section apply to the C-M district. The C-M district is intended to provide an area for those business, commercial, manufacturing and industrial activities which especially have to do with motor vehicles or highway transportation, or which provide goods or services primarily to travelers on a highway, or for which location adjacent to a major thoroughfare or highway is a compelling practical consideration, or for which it is especially appropriate for some other reason to be located adjacent to a major thoroughfare or highway.

(b)

Permitted uses. The following uses are permitted in the C-M district:

(1)

Establishments engaged in the retail sale of automobiles, trailers, mobile homes, or campers.

(2)

General grocery store.

(3)

Restaurants, lunch rooms and other eating places, including drive-in establishments.

(4)

Establishments engaged in the daily or extended-term rental or leasing of house trailers, mobile homes or campers.

(5)

Establishments engaged in the daily or extended-term rental or leasing of passenger automobiles, limousines, or trucks, without drivers, or of truck trailers or utility trailers.

(6)

Commercial parking lots, parking garages, parking structures.

(7)

Establishments for the washing, cleaning or polishing of automobiles, including self-service car washes.

(8)

Hotels, motor hotels, or motels.

(9)

Uses permitted in the C-1 district.

(c)

Conditional uses. The following are permitted as conditional uses within the C-M district. Such use shall be subject to the consideration of the plan commission with regard to such matters as the creation of nuisance conditions for the public or for the users of nearby areas, the creation of traffic hazards, the creation of health hazards, or other factors.

(1)

Gasoline service stations.

(2)

Seasonal roadside stands for the sale of vegetables, fruit, or other farm products, but not other types of products or merchandise.

(3)

Establishments or facilities for the sale, rental, service, repair, testing, demonstration, or other use of motorcycles, motorized bicycles, go-karts, snowmobiles, aircraft, or other motorized vehicles or other components.

(4)

Establishments or facilities for the sale, rental, service, repair, testing, demonstration, or other use of motorboats, other watercraft, marine supplies, motors for watercraft, or their components.

(5)

Roominghouses and boardinghouses.

(6)

Miscellaneous amusement and recreation services.

(7)

Camps and recreational vehicle parks.

(8)

Drive-in and convenience establishments not mentioned above.

(9)

Automobile repair shops, including shops for general mechanical repairs, automobile body repair, and repair of tires, but not including establishments for rebuilding, retreading, recapping, vulcanizing, or manufacturing tires.

(10)

Establishments primarily engaged in specialized automobile repair, such as electrical, battery and ignition repair, radiator repair, glass replacement and repair, carburetor repair, and wheel alignment service.

(11)

Community living arrangements, including day care.

(12)

Highway passenger and motor freight transport.

(13)

The parking of trucks as an accessory use, when used in the conduct of a permitted business listed above in this section, shall be limited to vehicles of not over 10,000 pounds gross vehicle weight when located within 150 feet of a residential district boundary line.

(14)

Conditional uses authorized in C-1, C-2 and M-1 district.

(15)

Establishments engaged in renting and/or selling videocassettes and related items such as VCRs, DVD players, TVs and similar electronic equipment.

(16)

Uses permitted in the M-1 district.

(17)

Stores for the sale and installation of tire, batteries, mufflers or other automotive accessories.

(d)

Lot, building and yard requirements. Unless modified by conditional use permit:

(1)

Lot, frontage: Minimum 100 feet.

(2)

Lot area: Minimum 12,000 square feet.

(3)

Front yard: Minimum 50 feet.

(4)

Side yard: Minimum 20 feet.

(5)

Rear yard: Minimum 30 feet.

(6)

Building height: Maximum 35 feet.

(7)

Percent of lot coverage: Maximum 60 percent.

(8)

Parking spaces required: See section 113-292.

(9)

Zero lot lines are permitted as follows:

a.

After June 1, 1996, to obtain approval for zero lot line construction on buildings for which the building permit was issued, each unit shall be required to have separate sewer and water lateral connections; separate sewer/water, electric and gas shutoffs; and separate sewer/water, electric and gas meters.

b.

Prior to June 1, 1996, to obtain approval for zero lot line construction on buildings for which the building permit was issued, each unit shall be required to have separate sewer/@@water, electric and gas meters.

c.

All zero lot line construction shall also be required to obtain approval of and record a certified survey map or plat map, as appropriate under the land division ordinance, and a satisfactory maintenance agreement. In addition to other land division and building construction requirements, the owner shall not be entitled to an occupancy permit until the owner:

1.

Has had a surveyor verify that the zero lot line on the map accurately depicts the actual centerline for the common walls after the foundation of the building has been poured (through as-built plans or other means satisfactory to the village engineer); and

2.

Has provided confirmation of same to the building inspector.

d.

No occupancy will be granted without a satisfactory and approved maintenance agreement.

(e)

Other requirements. Uses permitted and conditional in the M-1 district are subject to the following requirements:

(1)

Required buffer strips in industrial districts. Where an M-1 Industrial District abuts a residential district, there shall be provided along any rear, side or front line, coincidental with any industrial-residential boundary, a buffer strip not less than 40 feet in width as measured at right angles to said lot line. The buffer strip shall be located in the C-M district. Plant materials at least six feet in height of such variety and growth habits as to provide a year-round, effective visual screen when viewed from the residential district shall be planted in the exterior 25 feet abutting the residential district. If the required planting screen is set back from the industrial-residential boundary, the portion of the buffer strip facing the residential district shall be attractively maintained. Fencing may be used in lieu of planting materials to provide said screening. The fencing shall be not less than five feet nor more than eight feet in height, and shall be of such materials as to effectively screen the industrial area. The exterior 25 feet of the buffer strip shall not be devoted to the parking of vehicles or storage of any material or accessory uses. The interior 15 feet may be devoted to parking of vehicles.

(2)

The minimum landscape surface ratio (the area of the lot which is planted and continually maintained in vegetation) is 25 percent.

(3)

Cross reference. See section 113-52, environmental performance standards.

(Prior Code, § 24.271)

(a)

Purpose. The provisions of this section apply to the M-1 district. This district is intended to provide an area for manufacturing and industrial activities. It is also intended to provide an area for a variety of uses which require relatively large installations, facilities or land areas, or which would create or tend to create conditions of public or private nuisance, hazard, or other undesirable conditions, or which for these or other reasons may require special safeguards, equipment, processes, barriers, or other forms of protection, including spatial distance, in order to reduce, eliminate, or shield the public from such conditions.

(b)

Permitted uses. The following uses of land are permitted in the M-1 district:

(1)

State-assessed manufacturing operations, including, but not limited to:

a.

Printing and publishing.

b.

Industrial machinery and equipment.

c.

Dairy products.

d.

Plastic materials and synthetics.

e.

Fabricated metal products.

f.

Furniture and fixtures.

g.

Instruments and related products.

h.

Medicinal chemicals and biological products.

(2)

Warehousing or distribution operations, not including predominantly retail sales to customers on site.

(3)

Offices of construction firms, shops, display rooms and enclosed storage.

(4)

Laboratories.

(5)

Business services.

(6)

Engineering and management services.

(7)

Fire stations.

(8)

Highway passenger and motor freight transport.

(c)

Conditional uses. The following are permitted as conditional uses within the M-1 district.

(1)

Public utilities and public services.

(2)

Telecommunications facilities.

(3)

Ancillary retail sales and service operations that serve employees within the business park.

(4)

Sewage treatment plants.

(5)

Automotive repair.

(6)

Above ground fueling stations.

(d)

Lot, building and yard requirements. Unless modified by conditional use permit:

(1)

Lot frontage: Minimum 100 feet.

(2)

Lot area: Minimum 21,780 square feet.

(3)

Front yard: Minimum 30 feet.

(4)

Side yard: Minimum ten feet.

(5)

Rear yard: Minimum 30 feet.

(6)

Building height: Maximum 45 feet.

(7)

Percent: Maximum 70 percent.

(e)

Other requirements. Uses permitted and conditional in the M-1 district are subject to the following requirements:

(1)

Required buffer strips in industrial districts. Where an M-1 Industrial District abuts a residential district, there shall be provided along any rear, side or front line, coincidental with any industrial-residential boundary, a buffer strip not less than 40 feet in width as measured at right angles to said lot line. The buffer strip shall be located in the M-1 district. Plant materials at least six feet in height of such variety and growth habits as to provide a year-round, effective visual screen when viewed from the residential district shall be planted in the exterior 25 feet abutting the residential district. If the required planting screen is set back from the industrial-residential boundary, the portion of the buffer strip facing the residential district shall be attractively maintained. Fencing may be used in lieu of planting materials to provide said screening. The fencing shall be not less than five feet nor more than eight feet in height, and shall be of such materials as to effectively screen the industrial area. The exterior 25 feet of the buffer strip shall not be devoted to the parking of vehicles or storage of any material or accessory uses. The interior 15 feet may be devoted to parking of vehicles.

(2)

The minimum landscape surface ratio (the area of the lot which is planted and continually maintained in vegetation) is 25 percent.

(f)

Deed restricted. For informational purposes, the Deerfield Business Park is deed restricted and has covenants listing requirements, including outside storage, parking and setbacks.

(Prior Code, § 24.29; Ord. No. O-2016-02, 5-9-2016; Ord. No. O-2016-05, 9-12-2016)

(a)

Purpose. The provisions of this section apply to the A-1 district. The A-1 Agricultural District is intended to provide for the continuation of general farming and related uses in those areas of the village that are not yet committed to urban development. It is further intended for this district to protect lands contained therein from urban development until their orderly transition into urban-oriented districts is required.

(b)

Permitted uses. The following uses of land are permitted in the A-1 district:

(1)

General farming, including agriculture, dairying, floriculture, forestry, grazing, hay, orchards, truck farming, and viticulture (grape growing); provided, however, that farm buildings housing animals, barnyards, and feed lots shall not be located in a floodland, and shall be at least 100 feet from any navigable water or district boundary.

(2)

Keeping and raising of domestic stock for agribusiness, show, breeding, or other purposes incidental to the principal use of the premises, and for the use of the occupants of the premises provided that such use shall not be located within 300 feet of a dwelling unit other than the dwelling unit on the property in question.

(c)

Permitted necessary uses.

(1)

Attached or detached private garages and carports accessory to permitted or permitted accessory uses.

(2)

General farm buildings including barns, silos, sheds, storage bins, and including not more than one roadside stand for the sale of farm products produced on the premises. Any such stand shall conform to the setback, sign and other provisions of this chapter.

(3)

One farm dwelling.

(4)

Private garages and parking spaces.

(5)

Private swimming pool and tennis court.

(6)

Home occupation.

(7)

Signs as required by the village.

(8)

Buildings temporarily located for purposes of constructing on the premises for a period not to exceed time necessary for such constructing.

(9)

Gardening and other horticultural uses where no sale of products is conducted on the premises.

(10)

Decorative landscape features.

(d)

Conditional uses. The following are permitted as conditional uses within the A-1 district:

(1)

Airports, airstrips, and landing fields, provided that the site is not less than 20 acres.

(2)

Commercial feed lots, livestock sales facilities, and fur farms.

(3)

Home occupations and professional home offices.

(4)

Housing for farm laborers and seasonal or migratory farm workers.

(5)

Transmitting towers, receiving towers, relay and microwave towers without broadcast facilities or studios.

(6)

Campgrounds.

(7)

Veterinary clinics and kennels, provided that open animal structures shall not be located closer than 300 feet to a property boundary.

(8)

Public and parochial schools, provided no building shall be located within 50 feet of any lot line.

(9)

Churches and cemeteries, including those related structures located on the same site which are an integral part of the church proper, convents or homes for persons related to a religious function on the same site, provided no more than ten persons shall reside on the site and no building shall be located within 50 feet of any lot line.

(10)

Golf courses, country clubs, tennis clubs or public swimming pools serving more than one family. The principal structure for any of the above listed uses shall be 100 feet or more from any abutting lot in a residential district, and accessory structures shall be within a minimum of 50 feet of any lot line.

(11)

Essential service structures, including, but not limited to, buildings such as telephone exchange stations, booster or pressure-regulating stations, wells, pumping stations, elevated tanks, lift stations and electrical power substations, provided no building shall be located within ten feet from any lot line of an abutting lot in a residential district. Prior to granting such permit, it shall be found that the architectural design of service structures is compatible to the neighborhood in which it is to be located and thus will promote the general welfare.

(12)

Hospitals for human care, sanitariums, rest homes, and nursing homes, provided that all structures, except fences, shall be located 100 feet or more from the lot line of any abutting lot in a residential district.

(e)

Lot, building and yard requirements.

(1)

Lot frontage: Minimum 250 feet.

(2)

Lot area: Minimum three acres.

(3)

Principal building:

a.

Front yard: Minimum 65 feet.

b.

Side yard: Minimum 25 feet.

c.

Rear yard: Minimum 50 feet.

(4)

Accessory building:

a.

Front yard: Minimum 80 feet.

b.

Side yard: Minimum 25 feet.

c.

Rear yard: Minimum 50 feet.

d.

Building height: Maximum 35 feet.

(Prior Code, § 24.30)

(a)

Purpose. The provisions of this section apply to the Co-1 district. This district is to provide for those areas dedicated to or owned by the village for purposes of use as public park or open space; to provide protection against problems which may result from development in areas where development is inappropriate by reason of unsuitable soils, wetlands, floodplains, or steep slopes; and to provide appropriate areas for commercially operated recreational uses of land within the village, including uses consistent with those of a recreational nature.

(b)

Permitted uses. The following uses of land are permitted in the conservancy district, except as may be prohibited within a federal floodplain area:

(1)

Conservancy parks, public parks, picnic areas, hiking trails, bridle paths, and areas of scenic, historic or scientific value.

(2)

Forestry and the management of forest.

(3)

Stormwater management, detention, retention and infiltration.

(4)

Geothermal utility facilities.

(c)

Conditional uses. The following are permitted as conditional uses in the conservancy district:

(1)

Dams, flowages, ponds, and water storage and water pumping facilities, power plants deriving their power from the flow of water and transmission lines and other facilities accessory thereto.

(2)

Utilities such as, but not restricted to, telephone, telegraph, power or other transmission lines.

(3)

Relocation of any watercourse or filling, draining or dredging of wetlands, in conformance with section 113-263.

(4)

Removal of topsoil or peat.

(5)

Cranberry bogs and agricultural and animal husbandry.

(6)

Camping grounds and golf courses.

(7)

Park shelters, pavilions, refreshment stands and rest rooms.

(8)

Lighted recreational facilities and swimming pools.

(9)

Bridle paths.

(d)

Lot, building and yard requirements. There are no setback, lot size, or other dimensional standards applicable in the conservancy district.

(Prior Code, § 24.31)

PUD districts (PUDs) allow development according to a comprehensive area site plan rather than per lot development typically found in platted developments. PUDs allow diversified location of structures and/or mixing of compatible uses in accordance with a plan that benefits both the specific development and the community as a whole. PUDs simultaneously permit flexibility in overall design and development, and to the full extent possible, maintain the land use density and other standards set forth in this chapter for the underlying zoning district referenced by the type of PUD as well as the land division requirements set forth in the land division code. The design requirements for development in PUDs are intended to provide a safe and efficient system for pedestrian and vehicle traffic; enable economic design in the location of principal and accessory structures, public and private utilities, community facilities, and park or conservation areas; and ensure adequate standards for construction and land use planning.

(Prior Code, § 24.32)

PUDs shall be categorized according to the underlying principal use and the related basic zoning district that most closely reflects the nature of the PUD. PUDs shall be reviewed as conditional use requests in accordance with the requirements set forth in this chapter. The village may allow the following types of PUDs:

(1)

Residential PUD.

(2)

Commercial PUD.

(3)

Industrial PUD.

(4)

Mixed Compatible Use PUD.

(Prior Code, § 24.32)

(a)

Generally. All PUDs require a two-step review and approval process by the plan commission and village board. This process includes:

(1)

Initial review of the developer's application and general development plan and conditional rezoning followed by:

(2)

Final review and approval of a specific implementation plan and permanent rezoning, all as described herein.

(b)

Documents for review. The developer submits application and general development plan (GDP) for review by the plan commission. The owner's duly authorized agent ("developer") shall submit to the zoning administrator an application, GDP and review fee.

(1)

Application. The application shall be made on a form prescribed by the zoning administrator and shall identify the type of PUD zoning requested.

(2)

General development plan (GDP). The GDP must provide sufficient detail to satisfy the plan commission and village board as to the general character, scope and appearance of the proposed development. The GDP shall include the following:

a.

Legal description of the boundaries of the property to be included in the proposed PUD.

b.

Description of general character of development and type of PUD.

c.

Relationship of PUD to village's land use plan and anticipated development.

d.

General schematic drawing showing the total area to be included in the PUD, the amount of open space, anticipated density, proposed number of dwelling units, availability of or requirements for municipal services.

e.

A general summary of the estimated value of structures and site improvement costs, including landscaping and special features.

f.

A general description of the developer's experience and ability to complete the PUD, and evidence of the developer's ability to act on the owner's behalf.

g.

Any proposed departures from the standards of development as set forth in this chapter, land division ordinance, other village ordinances or resolutions or relevant state statutes and regulations.

h.

The expected date of commencement of physical development as set forth in the proposal, an outline of the anticipated development sequence, and a time line for completion.

i.

Such additional information as is reasonably needed and/or requested by the plan commission and village board prior to approval or rejection of the GDP.

(3)

Review fee. The review fee shall be set by the village board and shall be paid prior to any further review.

(c)

Plan commission review. Plan commission reviews application and general development plan (GDP) and makes recommendation to the village board regarding conditional zoning change to PUD.

(1)

The zoning administrator shall refer complete applications and GDPs to the plan commission with notice of the referral being given to the village board. The plan commission shall review the application and make its recommendation to the village board within 45 days of the date of referral.

(2)

The plan commission may also request review and input from the village engineer and/or village attorney prior to making its recommendations. If such review is requested at this stage, the developer shall be so advised. The developer shall be responsible for any fees incurred by the village for such review.

(d)

Public hearing. A public hearing is held on applications and general development plans (GDP). A public hearing shall be held on applications for PUD zoning as provided in section 113-94. Public hearings shall be scheduled in such a manner as to permit the village board to receive the plan commission's recommendation at or before the time of the public hearing.

(e)

Board approval, rejection, or requests. The village board approves, rejects or requests additional information regarding application and general development plan (GDP).

(1)

The village board, following consideration of the recommendations of the plan commission, village engineer (if reviewed), village attorney (if reviewed) and public hearing, shall approve, reject or request additional information regarding the application and GDP.

(2)

The village board may also request review and input from the village engineer and/or village attorney prior to making its decision. If such review is requested at this stage, the developer shall be so advised. The developer shall be responsible for any fees incurred by the village for such review.

(3)

The developer receives no vested rights in later approval of its specific implementation plan (SIP) or final rezoning as a result of the village's approval at this stage. Approval of the application and GDP is intended to be preliminary and shall be conditioned on receipt and final approval of the SIP. Therefore, any and all approvals at this stage are conditioned on the developer's submission of a SIP within 60 days and the village board's approval of the SIP, as described below. PUD rezoning approvals are also subject to the general requirements of this chapter as well as any specific conditions that may be imposed by the village board at this stage or following review of the SIP.

(f)

Specific implementation plan (SIP). The developer submits specific implementation plan (SIP) to zoning administrator, village engineer and village attorney within 60 days of conditional rezoning approval.

(1)

Effect of failure to timely submit SIP. If the developer fails to timely submit the SIP and/or the SIP is not approved, the conditional PUD rezoning reverts to the zoning in existence at the time that the application was submitted. Exceptions to the 60-day timeframe require a resolution of the village board.

(2)

Specific implementation plan (SIP) requirements. The SIP shall supplement the GDP and provide sufficient detail to satisfy the plan commission and village board as to the specific character, scope and appearance of the proposed development. In addition, the SIP shall include the following:

a.

Map including the legal description of the PUD area and its relationship to surrounding properties.

b.

The location of public and private roads, driveways, sidewalks and parking facilities.

c.

The size, arrangement and location of any individual building sites and proposed building groups on each individual site.

d.

The location of institutional, recreational and open space areas and areas reserved or dedicated for public uses, including schools, parks and drainageways.

e.

The type, size and location of all structures.

f.

General landscape treatment.

g.

The existing and proposed location of public sanitary sewer, water supply facilities and stormwater drainage facilities.

h.

The existing and proposed location of all private utilities or other easements.

i.

Existing topography on the site with contours at no greater than two-foot intervals.

j.

Anticipated uses of adjoining lands in regard to roads, surface water drainage and compatibility with existing adjacent land uses.

k.

Confirmation that the development either does not pose environmental risks or that known environmental concerns have been considered and resolved in the plan.

l.

Evidence that the development complies with relevant village ordinances, including relevant portions of the land division and erosion control ordinances.

m.

Such additional information as is reasonably needed and/or requested by the plan commission and village board prior to approval or rejection of the SIP.

(3)

Review fee. The developer shall be responsible for engineering and legal review fees incurred by the village in the SIP review and approval process. Final approval shall be subject to payment of all such fees.

(g)

Plan commission review and recommendations of SIP. Plan commission reviews specific implementation plan (SIP) and makes recommendation to the village board regarding SIP.

(1)

The zoning administrator shall refer the SIP to the plan commission with notice of the referral being given to the village board.

(2)

The plan commission shall review the application and make its recommendation to the village board within 45 days of the date of referral.

(h)

Village board approves, rejects or requests additional information regarding specific implementation plan (SIP). The village board, following consideration of the recommendations of the plan commission, village engineer and village attorney, shall approve, reject or request additional information regarding the SIP. Notice of the final decision shall be provided to the developer. All approvals shall be conditioned on and subject to payment of final review fees and execution of a development agreement, as described below.

(i)

Preparation of development agreement. The village attorney prepares development agreement for execution by village and developer. SIP approval is contingent on the village and the developer entering into a development agreement within 60 days of approval of the SIP. The development agreement shall incorporate the SIP, formalize agreed-upon time lines and establish performance guarantees. The village attorney shall draft the development agreement, which shall be subject to final review and approval by the village and the developer. The village shall require payment of any and all outstanding review fees prior to executing the development agreement.

(j)

Commencement of development. The developer may obtain building permits and otherwise commence development following recording of required easements and execution of development agreement. At such time as the developer has recorded required and approved easements and the village and developer have executed the development agreement, the developer may obtain building permits and otherwise commence development.

(Prior Code, § 24.32)

(a)

Applicable standards and general requirements for PUDs, public services, facilities and maintenance.

(1)

The PUD site shall be accessible from public roads or private driveways that are adequate to carry the traffic that can be expected to be generated by the development and approved by the village board.

(2)

The streets and driveways on the PUD site shall be adequate to serve the residents of the PUD and, in the case of streets dedicated to the public, will meet the minimum standards of all related village ordinances and applicable state administrative regulations or as approved by the village board.

(3)

No undue constraint or burden shall be imposed on public services and facilities, such as fire and police protection, street maintenance, water, sanitary sewer and storm drainage, and maintenance of public area by the PUD.

(4)

The developer shall provide adequate drainage facilities for surface water and 100-year stormwater in accordance with village standards and sound engineering practice.

(5)

The developer shall provide public water and sewer facilities in accordance with village standards and sound engineering practice.

(6)

To the full extent possible, and except by express resolution of the village board, the required improvements and standards applied to subdivisions in the underlying districts shall be required for PUDs. Similarly, erosion control requirements, as set forth in this Code, shall apply to PUDs.

(b)

Residential PUD.

(1)

Area. Minimum area is three acres, unless otherwise approved by the village board.

(2)

Density. The density shall be determined by considering the underlying district and the following guidelines:

a.

Single-family: Six residential dwelling units (RDUs) per acre.

b.

Two-family: Eight RDUs per acre.

c.

Multifamily: 12 RDUs per acre.

d.

Combination of single-family and two-family: Seven RDUs per acre.

e.

Combination of two-family and multifamily: Ten RDUs per acre.

f.

All other combinations: Nine RDUs per acre.

(3)

Open space. The village generally recommends a minimum of 50 percent open space.

(4)

Building height. The village generally recommends building heights that do not exceed that of the underlying district.

(5)

General considerations. The plan commission and village board, in making their respective recommendation and determination as to a proposed residential PUD, shall further consider whether:

a.

Such development will create an attractive residential environment of sustained desirability and economic stability, including structures in relation to terrain, consideration of safe pedestrian flow, ready access to recreation space and coordination with overall plans for the community.

b.

The total net residential density within the planned unit development will be compatible with the village master plan, or components thereof, and shall be compatible with the density of the district wherein located.

c.

Structure types will be generally compatible with other structural types permitted in the underlying zoning district.

d.

Provision has been made for the installation of adequate public facilities and the continuing maintenance and operation of any such facilities that may be privately owned.

e.

The population density of the development will not have an adverse effect upon the community's capacity to provide needed school or other municipal service facilities.

f.

Adequate guarantee is provided for permanent preservation of open space areas as shown on the SIP as approved either by private reservation and acceptable maintenance provisions or by dedication to the public. (Note: Parkland dedication or fee requirements must be met in the detailed plan, as provided herein and in the land division ordinance.)

(c)

Commercial PUD.

(1)

Area. Minimum area is five acres, unless otherwise approved by the village board.

(2)

Density. The density of the underlying and adjacent districts shall be used as a guideline in determining density requirements.

(3)

Open space. The village generally recommends a minimum of 50 percent open space.

(4)

Building height. The village generally recommends building heights that do not exceed that of the underlying district.

(5)

General considerations. The plan commission and village board, in making their respective recommendation and determination as to a proposed commercial PUD, shall further consider whether:

a.

The economic practicality of the proposed development can be justified.

b.

The proposed development will be served by off-street parking and truck service facilities in accordance with this chapter.

c.

The proposed development shall be adequately provided with, and shall not impose any undue burden on, public services and facilities, such as fire and police protection, street maintenance, water, sanitary sewer and stormwater drainage and maintenance of public areas.

d.

The locations of entrances and exits have been designated to prevent unnecessary interference with the safe and efficient movement of traffic on surrounding streets and that the development will not create any adverse effect upon the general traffic pattern of the surrounding neighborhood.

e.

The architectural design, landscaping, noise control, control of lighting and general site development will result in an attractive and harmonious service area compatible with and not adversely affecting the property values of the surrounding neighborhood.

(d)

Industrial PUD.

(1)

Area. Minimum area is ten acres, unless otherwise approved by the village board

(2)

Density. The density of the underlying and adjacent districts shall be used as a guideline in determining density requirements.

(3)

Open space. The village generally recommends a minimum of 50 percent open space.

(4)

Building height. The village generally recommends building heights that do not exceed that of the underlying district.

(5)

General considerations. The plan commission and village board, in making their respective recommendation and determination as to a proposed industrial PUD, shall further consider whether:

a.

The operational character and physical plant arrangement of buildings will be compatible with the latest in performance standards and industrial development design and will not result in an adverse effect upon the property values of the surrounding neighborhood.

b.

The proposed development shall be adequately provided with and shall not impose any undue burden on public services and facilities, such as fire and police protection, street maintenance, water, sanitary sewer and stormwater drainage and maintenance of public areas.

c.

The proposed development will include provision for off-street parking and truck service areas in accordance with this chapter and will be adequately served by easy-access rail and/or arterial highway facilities.

d.

The proposed development is properly related to the total transportation system of the community and will not result in an adverse effect on the safety and efficiency of the public streets.

(e)

Mixed compatible use PUD.

(1)

Area. Minimum area is three acres, unless otherwise approved by the village board.

(2)

Density. The density of the underlying and adjacent districts shall be used as a guideline in determining density requirements.

(3)

Open space. The village generally recommends a minimum of 50 percent open space.

(4)

Building height. The village generally recommends building heights that do not exceed that of the underlying district.

(5)

General considerations. The plan commission and village board, in making their respective recommendation and determination as to a proposed mixed compatible use PUD, shall further consider whether:

a.

The proposed mixture of uses procedures a unified composite which is compatible with the zoning district and which, as a total development entity, is compatible with the surrounding neighborhood.

b.

The various types of uses conform to the general requirements as hereinbefore set forth, applicable to projects of such use and character.

c.

The proposed development shall be adequately provided with and shall not impose any undue burden on public services and facilities, such as fire and police protection, street maintenance, water, sanitary sewer and stormwater drainage and maintenance of public areas.

(Prior Code, § 24.32)

(a)

Changes and additions to the GDP or SIP following village board approval require review and, depending on the nature of such changes, may require reapproval by the village board. The developer shall submit a request for such changes to the zoning administrator prior to incorporating or implementing any such changes in the GDP or SIP.

(b)

If the developer's request is minor and clearly falls within the intent of the approval granted by the village board, the zoning administrator may accept the requested change and simply update the records regarding the GDP and SIP. If the zoning administrator believes that the developer's request is not minor, the zoning administrator shall refer the developer's request to the plan commission.

(c)

The village board hereby grants the plan commission discretion to monitor changes and/or additions to GDPs or SIPs that fall within the intent of the village board's initial approval. The plan commission may approve, conditionally approve, deny, request additional information or public hearings, or refer the developer's request to the village board for consideration. All plan commission approvals must be by a three-fourths majority of the plan commission.

(d)

Additional review fees may be requested for review of changes and/or additions to GDPs or SIPs, including fees for additional public hearings, meetings and professional services.

(Prior Code, § 24.32)

Any subsequent division of any land or lands within a PUD must comply with the land division and subdivision ordinance in effect when the division is requested. In addition to meeting the requirements of said ordinance for the approval of such a division, the applicant must make arrangements acceptable to the village to satisfy the obligations undertaken pursuant to any prior approval granted for PUD zoning. Similarly, any subsequent request for a zoning change must meet the requirements of this chapter and include arrangements acceptable to the village to satisfy the obligations undertaken pursuant to any prior approval granted for PUD zoning.

(Prior Code, § 24.32)

Citations for violations and/or orders of noncompliance regarding this division may be issued by the zoning administrator or the building inspector. In addition to the provisions for enforcement contained elsewhere in this chapter and chapter 103, no building permits or occupancy permits shall be issued or maintained if a developer fails to comply with this division. Any person violating this division may also be required to forfeit no less than $100.00 and no more than $1,000.00.

(Prior Code, § 24.32)

State Law reference— Ordinance violations, Wis. Stats. § 66.0109 et seq.; imprisonment for failure to pay forfeiture and other remedies available to court for ordinance violations, Wis. Stats. § 800.09 et seq.

(a)

Purpose. The design overlay district is created to regulate the design and appearance of business development activities in the village. The intent of this district is to preserve and enhance the historical quality of existing downtown buildings and to attain a consistent, visually pleasing image for the entire community.

(b)

District boundaries. The design overlay district shall be defined to overlay the boundaries of all properties located on either side of Main Street between Liberty Street to Nelson Street.

(c)

Building permit required. No building in this district shall be demolished or altered in architectural design until a building permit is issued by the building inspector. The term "altered in architectural design" shall include any change in the design of windows or entryways, facade design or siding.

(d)

Review of building plans. Within the design overlay district, all plans for new construction, exterior remodeling or demolition shall be reviewed and approved by the plan commission prior to the issuance of a building permit.

(e)

Application requirements. Any application for a building permit within the boundaries of the design overlay district shall be submitted to the building inspector, who shall transmit it to the plan commission for review and approval. In addition to the information required by the building code, the applicant shall include building elevations and exterior architectural drawings, including enough detail to show the proposed building style, exterior materials, colors and location of signage.

(f)

Plan review guidelines. The plan commission shall use the following guidelines for reviewing proposed development activities to ensure compliance with this subsection:

(1)

The mass, volume and height or setback of proposed structures should appear to be compatible with existing buildings in the immediate area.

(2)

The facade of new or remodeled structures should maintain a compatible relationship with those of existing structures in terms of window sill or header lines, proportion of window and door openings, horizontal or vertical emphasis or major building elements, and extent of architectural detail.

(3)

Exterior remodeling should be designed to take into account the entire building facade. The ground floor exterior should be designed to harmonize with the upper stories.

(4)

The building materials and colors used should complement and be compatible with other buildings in the immediate area.

(5)

Storefront window display areas should be considered an important part of the retail marketing strategy of the community. Large glass windows and street-level display areas should be retained or planned into new construction.

(6)

Existing buildings and structures should be recognized as products of their own time. Alterations which have no historical basis should be discouraged.

(7)

Demolition should occur only where it is found that the structure is structurally unsound or physically incapable of supporting a viable use.

(8)

The sizing and placement of signs should fit the buildings.

(9)

All off-street parking and service areas should be landscaped and screened as viewed from public rights-of-way.

(g)

Plan review procedure. The plan commission chairperson shall schedule a meeting of the commission to consider the application. The plan commission shall take final action to approve, deny or conditionally approve an application within a maximum of 30 days of the date of submittal. If no action is taken within this timeframe, the building permit shall be automatically approved. Conditions of approval may include landscaping, modification to architectural design, type of construction, operational controls, sureties or deed restrictions upon the plan commission findings that these are necessary to fulfill the purpose and intent of this subsection.

(h)

Informal meeting recommended. Applicants are encouraged to submit conceptual plans or meet with the commission for preliminary review and discussion prior to formal submittal of detailed plans.

(i)

Issuance of building permit. A building permit shall be issued to the applicant, stating the official action of the plan commission, and shall be referred to for the enforcement of this subsection. Approved building permits shall expire in 12 months unless substantial work has been completed. Permits issued under this subsection may be renewed or extended with the written approval of the village plan commission.

(j)

Appeal. If the project is not approved, the applicant may modify the proposal and resubmit, or may choose to appeal the commission's decision within 30 days to the village board, which may affirm or modify the decision of the plan commission.

(Prior Code, § 24.70)

(a)

Title. This section shall be referred to as the "Village of Deerfield's Shoreland Zoning District Regulations."

(b)

Statutory authorization. This section is adopted pursuant to authorization in Wis. Stats. §§ 61.35 and 61.353. (See also, 2013 Wis. Act. 80.)

(c)

Finding of fact and purpose.

(1)

The village finds that uncontrolled use of shorelands and pollution of the navigable waters of the municipality would adversely affect the public health, safety, convenience, and general welfare and impair the tax base. The legislature of the state has delegated responsibility to all municipalities to:

a.

Promote the public health, safety, convenience and general welfare;

b.

Limit certain land use activities detrimental to shorelands; and

c.

Preserve shore cover and natural beauty by controlling the location of structures in shoreland areas and restricting the removal of natural shoreland vegetation.

(2)

The village hereby finds that adoption of the ordinance from which this section is derived furthers these public purposes.

(d)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Principal building means the main building or structure on a single lot or parcel of land and includes any attached garage, attached porch or deck.

Shoreland setback area has the meaning given in Wis. Stats. § 59.692(1)(bn).

Shorelands has the meaning given in Wis. Stats. § 59.692(1)(b).

(e)

Applicability. This section applies only to the following shorelands:

(1)

A shoreland that was annexed by the village after May 7, 1982, and that prior to annexation was subject to a county shoreland zoning ordinance under Wis. Stats. § 59.692; and

(2)

A shoreland that before incorporation by the village was part of a town that was subject to a county shoreland zoning ordinance under Wis. Stats. § 59.692, if the date of incorporation was after April 30, 1994.

(f)

District boundaries.

(1)

The shoreland district areas regulated by this section shall include all the lands (referred to herein as shorelands) in the village that are:

a.

Within 1,000 feet of the ordinary high water mark of navigable lakes, ponds or flowages. Lakes, ponds or flowages shall be presumed to be navigable if they are listed in the state department of natural resources surface water data viewer available on the DNR website, or are shown on United States Geological Survey quadrangle maps or other zoning base maps.

b.

Within 300 feet of the ordinary high water mark of navigable rivers or streams, or to the landward side of the floodplain, whichever distance is greater. Rivers and streams shall be presumed to be navigable if they are designated as continuous waterways or intermittent waterways on United States Geological Survey quadrangle maps. Flood hazard boundary maps, flood insurance rate maps, flood boundary-floodway maps, county soil survey maps or other existing county floodplain zoning maps shall be used to delineate floodplain areas.

(2)

Determinations of navigability and ordinary high water mark location shall initially be made by the zoning administrator. When questions arise, the zoning administrator shall contact the appropriate district office of the state department of natural resources for a final determination of navigability or ordinary high water mark.

(3)

Pursuant to Wis. Stats. § 61.353(7), the shoreland zoning district does not include lands adjacent to an artificially constructed drainage ditch, pond, or retention basin if the drainage ditch, pond or retention basin is not hydrologically connected to a natural navigable waterbody.

(g)

Effect of existing land division, sanitary, zoning and other regulations. The lands within the shoreland zoning district are subject to all applicable provisions of this Code. Where the provisions of this section are more restrictive than other regulations in this Code, the provisions of this section shall apply.

(h)

Setbacks from water.

(1)

Principal building setbacks. All principal buildings shall be set back at least 50 feet from the ordinary high water mark.

(2)

Adjustment of shore yards. A setback less than that required by subsection (h)(1) of this section may be allowed if all of the following apply:

a.

The principal building is constructed or placed on a lot or parcel of land that is immediately adjacent on each side to a lot or parcel of land containing a principal building; and

b.

The principal building is constructed or placed within a distance equal to the average setback of the principal building on the adjacent lots or 35 feet from the ordinary high water mark, whichever distance is greater.

(3)

Other accessory buildings. Accessory buildings accessory to permitted and conditional uses may be located within a shore yard, but:

a.

Shall not be closer than 35 feet to the average annual high water mark; shall not exceed one accessory building per shore yard lot; shall be limited in size of square feet or less in area, as that permitted in the underlying district; the number of feet from the principal structure as that permitted in the underlying district; the number of feet from any side lot line as that permitted in the underlying district; and shall not be greater than the number of feet permitted in height in the underlying district.

b.

Shall not be used for human habitation or animal shelter.

c.

Shall not be placed in the vegetative buffer zone required in subsection (i) of this section.

(4)

Miscellaneous. Accessory structures meeting all applicable requirements of the underlying zoning district and this Code may be placed in side and street yards.

(i)

Vegetative buffer zone. Pursuant to Wis. Stats. § 61.353(3), a landowner must maintain a vegetative buffer zone, as follows:

(1)

A person who owns shoreland property that contains vegetation must maintain that vegetation in a vegetative buffer zone along the entire shoreline of the property and extending 35 feet inland from the ordinary high water mark of the navigable water, except as provided in subsection (i)(2) of this section.

(2)

If the vegetation in a vegetative buffer zone contains invasive species or dead or diseased vegetation, the owner of the shoreland property may remove the vegetation, except that if the owner removes all of the vegetation in the vegetative buffer zone, the owner shall establish a vegetative buffer zone with new vegetation.

(3)

A person who is required to maintain or establish a vegetative buffer zone under subsection (i)(1) of this section may remove all of the vegetation in a part of that zone in order to establish a viewing or access corridor that is no greater than 30 feet wide for every 100 feet of shoreline frontage and extends no more than 35 feet inland from the ordinary high water mark.

(j)

General provisions.

(1)

Compliance. The use of shorelands within the shoreland area of the municipality shall be in full compliance with the terms of this section and other applicable local, state or federal regulations. All permitted development shall require the issuance of a zoning permit unless otherwise expressly excluded by a provision of this section.

(2)

Municipalities and state agencies regulated. Unless specifically exempted by law, all cities, villages, towns, and counties are required to comply with this section and obtain all necessary permits. State agencies are required to comply if Wis. Stats. § 13.48(13) applies.

(3)

Abrogation and greater restrictions.

a.

This section supersedes all the provisions of any other applicable municipal ordinance, except that where another municipal ordinance is more restrictive than this section that ordinance shall continue in full force and effect to the extent of the greater restrictions, but not otherwise.

b.

This section is not intended to repeal, abrogate or impair any existing deed restrictions, covenants or easements. However, where this section imposes greater restrictions, the provisions of this section shall prevail.

(4)

Interpretation. In their interpretation and application, the provisions of this section shall be held to be minimum requirements and shall be liberally construed in favor of the municipality and shall not be deemed a limitation or repeal of any other powers granted by state statutes or the state Constitution.

(Prior Code, § 24.75)

State Law reference— Shoreland zoning, Wis. Stats. §§ 61.35, 61.353.