In order to implement the intent of this Zoning Ordinance, the following zoning districts are hereby established:

      R-SF1 Residential - Single Family

      R-SF2 Residential - Single Family and Cluster Development

      R-2F Residential - Two Family

      R-MF1 Residential - Multi-Family Attached

      R-MF2 Residential - Multi-Family

      BN Neighborhood Business

      BOP Office and Professional Business

      BD Downtown Business

      BG General Business

      IL Light Industrial

      PUD Planned Unit Development (See Chapter 1159)

(Ord. 98-12. Passed 4-7-98.)

   (a)   The districts and their boundary lines are indicated upon a map entitled the "Zoning Map, Doylestown, Ohio". Such zoning map, together with all notations, references, and other matters shown thereon, is hereby declared to be part of this Zoning Ordinance.

   (b)   The original or master of such zoning map and all revisions or amendments shall be incorporated on the original master zoning map. It shall be on file in the office of the Village Clerk and is available for inspection by the public.

(Ord. 98-12. Passed 4-7-98.)

   (a)   When any uncertainty exists with respect to the boundaries of any of the districts listed in Section 1155.01, as shown on the Zoning Map, the following rules shall apply:

      (1)   Where a district boundary is indicated as approximately following the centerline or right-of-way line of a street or a highway, such a line shall be construed to be such district boundary.

      (2)   Where a district boundary is so indicated that it is approximately parallel to the centerline or right-of-way line of a street or a highway, such district boundary shall be construed as being parallel thereto and at such a distance as indicated on the Zoning Map. If no distance is given on the Zoning Map or in the ordinance establishing such district, such dimensions shall be determined by the use of the scale shown on such map.

      (3)   Where a district boundary is indicated as approximately following a lot line, such lot line shall be construed to be such boundary.

      (4)   Where a district boundary is so indicated that it does not follow or parallel a street, highway, or lot lines but rather connects points established by the intersection of such lines, such straight lines connecting such points shall be construed to be such district boundaries.

      (5)   Where a district boundary is so indicated that it follows a topographical feature, such line shall be construed as following the centerline of such feature. The location of such topographical feature shall be determined by the use of the scale shown on the Zoning Map.

      (6)   Whenever any street or public way is vacated in the manner authorized by law, the zoning districts adjoining each side of the street, alley, or public way shall be automatically extended to the center of such vacations, and all areas included in the vacation shall then and henceforth be subject to all the regulations of the extended districts.

      (7)   In case any further uncertainty exists, the Planning Commission shall interpret the location of such boundaries.

   (b)   In the adoption of this Zoning Ordinance and in interpreting and applying the provisions hereof, said provisions shall be for the promotion of the public health, safety, comfort, convenience and general welfare. They shall be enforced and interpreted according to the following rules:

      (1)   Uses by right.

         A.   All listed permitted uses are permitted by right according to the terms of this Ordinance. No building shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any building or land be used, arranged to be used, or designed to be used in a manner which does not comply with all of the district provisions established by this Zoning Ordinance for the district in which the building or land is located.

         B.   Uses which are omitted from this Zoning Ordinance which are not specifically permitted shall not be permitted until, by amendment, such uses are written into this Zoning Ordinance. Conditional and similar uses may be permitted only if a determination is made by the Planning Commission that such use conforms to the criteria provided in Chapter 1165 and subject to specific conditions, otherwise they shall be prohibited.

      (2)   Minimum regulations.

         A.   Regulations set forth in this Ordinance shall be minimum regulations. If the requirements set forth in this Ordinance are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the more restrictive or higher standard shall govern.

         B.   The minimum yards or other open spaces required by this Ordinance for each and every building shall not be encroached upon or considered as meeting the yard and open space requirements of any other building.

         C.   Every building hereafter erected, moved, or structurally altered, shall be located on a lot and in no case shall there be more than one (1) principal building and its customary accessory buildings on the lot, except in the case of a designed complex of professional, residential, or commercial buildings in an appropriate zoning district (i.e., school campus, shopping center, and industrial park).

         D.   No building shall be erected on a lot which does not abut a street or have access to a street, provided that in a business district or in a planned project in a residential district, a building may be erected adjoining a parking area or dedicated open space which has access to a street used in common with other lots.

      (3)   Restrictive covenants and deed restrictions. Unless restrictions established by covenants and deed restrictions running with the land are prohibited by the provisions of this Ordinance, nothing herein contained shall be construed to render such covenants or restrictions inoperative.

      (4)   Annexation. As part of the annexation hearing for a property, the Village Council shall make a determination on the zoning classification of all property. Such annexed property will be so zoned unless and until it is rezoned according to the regulations of this Ordinance.

(Ord. 98-12. Passed 4-7-98; Ord. 2023-20. Passed 6-14-23.)

   (a)   Purpose. The purpose of the R-SF1 Districts is to provide for single-family residential environments with low density. The R-SF1 District limits density to prevent excessive impacts on streets, schools, utilities, community facilities, and public services and to discourage more intense uses of the land.

   (b)   Uses.

      (1)   Permitted uses. Within an R-SF1 District, no building, structure, or premises shall be used, arranged to be used, or designed to be used in whole or in part, except for one or more of the following uses:

         A.   Single-family dwellings

         B.   Accessory Uses or uses clearly incidental to any permitted or conditional use and which will not create a nuisance or hazard subject to the provisions of Section 1156.02.

         C.   Family Day-Care Home

         D.   Governmental Uses

         E.   Public Recreation, including parks, playgrounds, ballfields, swimming pools, tennis courts, and picnicking.

(Ord. 2008-27. Passed 12-30-08.)

      (2)   Conditionally permitted uses. The Planning Commission may issue Conditional Use Permits for uses listed in this subsection, subject to the requirements of Chapter 1165:

         A.   Home Occupations

         B.   Places of Worship

         C.   Private Outdoor Recreation, including golf courses, tennis courts, swimming pools and clubhouses

         D.   Public Utility Substations, Carrier Stations, and Water Tanks

         E.   Schools, elementary, secondary and colleges

         F.   Temporary Construction Buildings

(Ord. 98-12. Passed 4-7-98.)

   (c)   Water and Sanitary Sewer Requirements. All uses and lots established within this district must be served by public water and sanitary sewer service. Use or development of any lot without these public utility services may be permitted subject to a determination by the Village Council that said central water and sanitary sewers are not reasonably accessible to the lot and that it is not economically feasible to extend them. In such cases, lots may be authorized to be temporarily served by individual wells and/or on-site sewage disposal systems, provided however that the minimum lot size shall be five (5) acres and that the owner shall consent in writing to connect to the water and sanitary sewer systems at such time as they become available to the site.

   (d)   Buffers. No buffers are required along the boundaries of this district with other districts.

   (e)   Enclosure Requirements. All outside storage of governmental or commercial equipment or any other use which may represent a hazard to trespassers must be enclosed with a fence or wall at least seven (7) feet in height.

   (a)   Purpose. The purpose of this district is to provide for low density, single-family residential development and to complement this, by providing for cluster development in the same districts.

   (b)   Uses.

      (1)   Permitted uses.

         A.   Single-Family Dwellings

         B.   Accessory Uses or uses clearly incidental to any permitted or conditional use and which will not create a nuisance or hazard

         C.   Family Day-Care Home

         D.   Governmental Uses

         E.   Public Recreation, including parks, playgrounds ballfields, swimming pools, tennis courts, and picnicking

      (2)   Conditionally permitted uses.

         A.   Home Occupations

         B.   Places of Worship

         C.   Private Outdoor Recreation, including golf courses, tennis courts, swimming pools and clubhouses

         D.   Public Utility Substations, Carrier Stations, and Water Tanks

         E.   Schools, elementary, secondary and colleges

         F.   Temporary Construction Buildings

(Ord. 98-12. Passed 4-7-98.)

         G.   Keeping of Horses subject to the requirements of subsection (g) hereof.

(Ord. 2001-22. Passed 6-5-01.)

   (c)   Water and Sanitary Sewer Requirements. All uses and lots established within this district must be served by public water and sanitary sewer service. Use or development of any lot without these public utility services shall be permitted subject to a determination by the Village Council that said central water and sanitary sewers are not reasonably accessible to the lot and that it is not economically feasible to extend them. In such cases, lots may be authorized to be temporarily served by individual wells and/or on-site sewage disposal systems, provided however that the minimum lot size shall be five (5) acres and that the owner shall consent in writing to connect to the water and sanitary sewer systems at such time as they become available to the site.

   (d)   Cluster Development Alternate.

      (1)   In order to encourage greater attractiveness, flexibility, and utilization of space to obtain a more desirable environment than may be possible through the strict application of minimum requirements of the R-SF2 District, single family dwellings may be clustered in accordance with the regulations of this section on land zoned in R-SF2 Districts to permit the flexible spacing of lots and buildings in order to encourage:

         A.   The creation of functional and interesting residential areas.

         B.   The provision of readily accessible recreation areas and open spaces.

         C.   The conservation of the natural amenities of the landscape.

         D.   The separation of pedestrian, bicycle, and vehicular circulation.

      (2)   Purpose and intent. The purpose of the Cluster Development Alternate is to protect and preserve rural character and open space in the Village of Doylestown. The Cluster Development Alternate is also intended to protect environmentally sensitive areas which have a limited carrying capacity for development and to provide for low density residential development which is consistent with the character and atmosphere of the Village.

      (3)   Applicability of cluster standards. The provisions of this section shall apply whenever an owner or developer elects to submit plans in accordance with its provisions and whenever the Planning Commission finds and determines that the application of the planning standards and regulations of this section would:

         A.   Preserve or protect natural features or environmental conditions of a land area proposed to be developed;

         B.   Meet the open space or recreational needs of the future residents of a land area proposed to be developed;

         C.   Assure an arrangement or placement of improvements and/or dwelling units on the land area proposed to be developed which will be functional and serviceable in all respects; and

         D.   Not significantly impact the use of the land area proposed to be developed when considered as a whole for the purposes and to the extent permitted under this Zoning Code.

      (4)   Cluster development requirements. The following criteria are established to guide and control the planning, development, and use of land in a single-family cluster development.

         A.   Additional Permitted Uses. The uses permitted shall be those uses normally permitted in the zoning district provided, however, the following additional uses may be permitted in the cluster portion of the development area:

            1.   Common open space.

            2.   Guest parking areas.

         B.   Minimum Area. The minimum area to qualify for a Cluster Development shall not be less than five (5) contiguous acres.

         C.   Maximum Density. The residential density of the entire Cluster Development area shall not exceed two and five-tenths (2.5) dwelling units per acre.

         D.   Required Open Space. In any Cluster Development, the total public or common open space area shall be not less than thirty (30) percent of the gross acreage of the entire Cluster Development area.

         E.   Building Arrangement. The design criteria set forth in this section are intended to provide considerable latitude and freedom to encourage variety in the arrangement of the bulk and shape of buildings, open space, and landscape features. The dwellings may be arranged in various groups, courts, sequences, or clusters with open spaces organized and related to the dwellings to provide privacy while forming a unified composition of buildings and space. Although latitude in design is provided and encouraged, no dwelling unit within a Cluster Development shall be less than twenty (20) feet from any boundary line of said Cluster Development.

         F.   Lot and Yard Requirements. Lot and yard requirements for a Cluster Development shall be as set forth in the approved Development Plan provided, however, that the following minimums shall be maintained:

            1.   The front setback for each dwelling unit within any Cluster Development shall be not less than twenty-five (25) feet from the nearest edge of street pavement.

            2.   The minimum separation between buildings within a cluster area shall be:

               a.   Side to side, 15 feet.

               b.   Side to rear, 30 feet.

               c.   Rear to rear, 50 feet.

(Ord. 98-12. Passed 4-7-98.)

            3.   The riparian setback for each permitted use and conditionally permitted use within any Cluster Development shall be 25 feet measured from the stream center of Snipe Creek.

(Ord. 2006-12. Passed 7-11-06.)

         G.   Access and Vehicular Circulation. Each Cluster Development shall be served by a dedicated street. However, individual dwelling units within such cluster need not abut a dedicated street, provided that:

            1.   Each dwelling unit is accessible, by means of a private drive, to service and emergency vehicles in a manner acceptable to the Village Engineer and Fire Chief.

            2.   Construction methods, standards, and materials for private drives meet accepted engineering practice and are approved by the Village Engineer.

            3.   The location, design, and construction of all utilities on private or common land is approved by the Village Engineer.

            4.   The preservation and maintenance of all private drives and utilities on private land is assured by firm commitment of the abutting owners through documents recorded in the office of the County Recorder or in such other form as is approved by the Village Solicitor.

         H.   Parking. Parking shall be required in accordance with the requirements set forth in Chapter 1167. Additional guest off-street parking areas may be required by the Planning Commission if it determines that such additional parking is necessary to adequately serve the needs of the Cluster Development.

         I.   Ownership and Perpetual Maintenance. Proposed ownerships of all recreation, park, common areas, and open space areas shall be identified and a perpetual maintenance plan for said areas submitted to the Village for review and approval. Said plan shall set forth responsibility for maintenance of all such areas and describe the method of financing said maintenance program. The Perpetual Maintenance Plan shall become part of the Development Plan if approved by the Village and shall be placed on record with the County Recorder along with the final site plans and/or subdivision plats for the development.

      (5)   Application and review procedures. Applications for a Cluster Development shall be submitted for review and approval in accordance with the provisions of this section.

         A.   Preapplication Conference. Prior to formal submission of an application and development plans for a Cluster Development, the applicant shall request by letter and attend an information preapplication conference with the Planning Commission.

            The purpose of the preapplication conference is to familiarize the applicant with the Cluster Development requirements and process and the Village's expectations regarding the property. The conference is also intended to provide the applicant with an opportunity to discuss the general approach to the project and to obtain informal comments and direction from the Village which may help to expedite the formal review process.

         B.   Application. The owner or developer shall submit an application for Cluster Development to the Zoning Inspector. Said application shall include:

            1.   Deposits and fees as established by Council.

            2.   Eight (8) copies of the Preliminary Development Plan.

            3.   The proposed forms of covenants and deed restrictions, including those with respect to the use and perpetual maintenance of common land and/or private streets.

         C.   Preliminary Development Plan Requirements. Preliminary Development Plans submitted with applications for Cluster Developments shall include:

            1.   The name of the development and the names and addresses of the owners and developers.

            2.   A scale, north arrow, and date.

            3.   The proposed assignment of use and subdivision of land, including the proposed locations of buildings.

            4.   Existing and proposed vehicular and pedestrian traffic patterns, including the proposed location and design of public and private streets and easement, as well as the names, locations, and dimensions of existing streets and easements.

            5.   Preliminary plans for provision of utilities.

            6.   Proposed parking layout, including ingress and egress.

            7.   A boundary survey of the entire proposed Cluster Development including the proposed dimensions of any lots to be platted within the development.

            8.   Topography showing contours at an interval of two (2) feet or less.

            9.   A table showing the total number of acres to be developed and the amount of acreage to be used for each type of use, including each dwelling type, streets, parking areas, recreational and open space areas, and other facilities. Such table shall list the total number of dwellings proposed as well as the number of each type of dwelling unit.

            10.   Identification of all natural features, including existing water courses, wetlands, and flood areas.

            11.   Anticipated development phasing and scheduling.

            12.   Preliminary plans for the installation of landscaping. Said Development Plan shall be prepared by persons professionally qualified to prepare such plans.

         D.   Transmission. Upon determination that a complete submittal has been made, the Zoning Inspector shall declare the preliminary Development Plan to be officially filed and shall transmit copies to appropriate officials and agencies for their review and comments. Comments and recommendations from those officials and agencies shall be made available to the Commission.

         E.   Commission Action. The Planning Commission shall review said plan and shall act thereon within sixty (60) days of the filing date, unless said time is extended by mutual consent of the Commission and the applicant. The Commission may approve the cluster plan as submitted or modified, conditionally approve the plan and stipulate the condition of such approval, or disapprove the plan. The action of the Commission shall be noted on two (2) copies of the preliminary Development Plan and the application form and one (1) copy of each shall be returned to the applicant. One copy of each shall be retained on file by the Zoning Inspector.

         F.   Effect of Approval. Approval of a preliminary Cluster Development Plan by the Planning Commission is not an acceptance of the subdivision for record. It is an approval of a general plan as a guide for the preparation of improvement plans and the final site plan or subdivision plat. Approval of a preliminary plan shall be effective for a period of one year following the date of the approval by the Planning Commission, unless an extension of time is granted.

            Upon expiration of a preliminary plan approval, no approval of a final plat shall be given until the preliminary plan has been resubmitted and approved. Approval of a Preliminary Development Plan for a cluster development shall constitute preliminary site plan or subdivision plat approval and authorize the developer to proceed to final plan submittal.

      (6)   Final subdivision approval. The developer of any parcel of land, for which a Preliminary Cluster Development Plan has been previously approved as set forth herein, may prepare and submit a final subdivision plan of the Cluster Development in conformance with the requirements for final subdivision plats as set forth in the Village of Doylestown Subdivision Regulations.

   (e)   Buffers. No buffers are required along the boundaries of this district.

   (f)   Enclosure Requirements. All outside storage of governmental or commercial inventory or equipment or any other use which may represent a hazard to trespassers must be enclosed with a fence or wall at least seven (7) feet in height.

(Ord. 98-12. Passed 4-7-98.)

   (g)   Keeping of Horses. The Planning Commission may authorize the keeping of horses and a private stable as a conditional use pursuant to the provisions of Chapter 1165 provided that, in addition to such other requirements or restrictions the Planning Commission shall attach to such conditional use permit, each application for such use shall comply with the following :

      (1)   There shall be not more than one (1) horse for each two (2) acres of lot area.

      (2)   No private stable shall be designed to accommodate more than one (1) horse for each two (2) acres of lot area.

      (3)   The portion of the property intended to contain the horses is enclosed with a fence, the design and location of which has been approved by the Planning Commission.

      (4)   No private stable shall be located nearer than fifty (50) feet to any public street, any property lot line, nor any dwelling, except those to which such stable is accessory.

(Ord. 2001-22. Passed 6-5-01.)

   (a)   Purpose. The purpose of the R-2F District is to provide for low and medium density, two-family residential developments. This R-2F District provides density controls to prevent excessive impacts on streets, schools, utilities, community facilities, and public services. Within an R-2F District, the principal use of the land is for single-family and two-family dwellings. No building, structure, or premises shall be used, arranged to be used, or designed to be used in whole or in part, except for one or more of the following uses.

   (b)   Uses.

      (1)   Permitted uses.

         A.   Accessory Uses or uses clearly incidental to any permitted or conditional use and which will not create a nuisance or hazard.

         B.   Dwellings, Duplexes

         C.   Dwellings, Single-Family

         D.   Family Day-Care Home

         E.   Governmental Uses

         F.   Public Recreation, including parks, playgrounds ballfields, swimming pools, tennis courts, and picnicking

      (2)   Conditionally permitted uses.

         A.   Day Care Facilities

         B.   Home Care Units

         C.   Libraries and Museums

         D.   Places of Worship

         E.   Public Utility Substations, Carrier Stations, and Water Tanks

         F.   Private Outdoor Recreation, including golf courses, tennis courts, swimming pools and clubhouses

         G.   Retirement Homes

         H.   Schools, elementary, secondary and colleges

         I.   Temporary Construction Buildings

         J.   Tourist Homes

         K.   Home Occupations

   (c)   Water and Sanitary Sewer Requirements. All uses and lots established within this district must be served by public water and sanitary sewer service.

   (d)   Buffers. No buffers are required along the boundaries of this district.

   (e)   Enclosure Requirements. All outside storage of governmental or commercial inventory or equipment or any other use which may represent a hazard to trespassers must be enclosed with a fence or wall at least seven (7) feet in height.

   (f)   Splitting Duplex Lots. A duplex may be split to form two (2) lots provided that the structure and each lot conforms to the provisions set forth in Table 1: Dimensional Requirements.

(Ord. 98-12. Passed 4-7-98.)

   (a)   Purpose. This district is established as a district in which the principal use of the land is for moderate density multi-family dwellings such as condominiums and townhouses, with units having direct access to the outside. In promoting the general purposes of this Zoning Ordinance, the specific intent of this district is to serve the public welfare and to meet the need for diverse housing types.

   (b)   Uses.

      (1)   Permitted uses.

         A.   Accessory Uses or uses clearly incidental to any permitted or conditional use and which will not create a nuisance or hazard

         B.   Dwellings, Duplexes

         C.   Dwellings, Single-Family

         D.   Dwellings, Multi-Family

         E.   Family Day-Care Home

         F.   Home Occupations

         G.   Recreation, Public, including parks, playgrounds, ballfields, swimming pools, tennis courts, and picnicking

         H.   Schools, elementary, secondary and colleges

         I.   Tourist Homes and Bed and Breakfast Inns

      (2)   Conditionally permitted uses.

         A.   Boarding and Rooming Houses

         B.   Community Centers and Meeting Halls

         C.   Convalescent and Nursing Homes

         D.   Day Care Facilities

         E.   Home Care Units

         F.   Places of Worship

         G.   Public Utility Substations, Carrier Stations, and Water Tanks

         H.   Recreation, Private Outdoor, including golf courses, tennis courts, swimming pools and clubhouses

         I.   Retirement Homes

         J.   Schools, Fine Arts, including art, music, dance and drama

         K.   Temporary Construction Buildings

         L.   Tourist Homes and Bed and Breakfast Inns

         M.   Home Occupations

   (c)   Water and Sanitary Sewer Requirements. All uses and lots established within this district must be served by public water and sanitary sewer service.

   (d)   Buffers. Residential - Multi-Family attached districts shall provide buffers as set forth in Chapter 1161.

   (e)   Enclosure Requirements. All outside storage of governmental or commercial inventory or equipment or any other use which may represent a hazard to trespassers must be enclosed with a fence or wall at least seven (7) feet in height.

   (f)   Maximum Density. The maximum density of any R-MF1 District shall be eight (8) dwelling units per gross acre.

(Ord. 98-12. Passed 4-7-98.)

   (a)   Purpose. This district is established as a district in which the principal use of the land is for high density multi-family dwellings, or other structure with internal corridors, such as apartment buildings. The specific intent of this district is to promote the efficient use of land and infrastructure, to provide for the location of such development in areas compatible with adjacent uses, and also to meet the Village's need for diverse housing types. This district must have adequate access to major thoroughfares.

   (b)   Uses.

      (1)   Permitted uses.

         A.   Accessory Uses or uses clearly incidental to any permitted or conditional use and which will not create a nuisance or hazard

         B.   Dwellings, Duplexes

         C.   Dwellings, Single-Family

         D.   Dwellings, Multi-Family

         E.   Family Day-Care Home

         F.   Governmental Uses

         G.   Recreation, Public, including parks, playgrounds, ballfields, swimming pools, tennis courts, and picnicking

         H.   Schools, elementary, secondary and colleges

         I.   Tourist Homes and Bed and Breakfast Inns

      (2)   Conditionally permitted uses.

         A.   Boarding and Rooming Houses

         B.   Community Centers and Meeting Halls

         C.   Convalescent and Nursing Homes

         D.   Day Care Facilities

         E.   Home Care Units

         F.   Places of Worship

         G.   Public Utility Substations, Carrier Stations, and Water Tanks

         H.   Recreation, Private Outdoor, including golf courses, tennis courts, swimming pools and clubhouses

         I.   Retirement Homes

         J.   Schools, Fine Arts, including art, music, dance and drama

         K.   Temporary Construction Buildings

         L.   Tourist Homes and Bed and Breakfast Inns

         M.   Home Occupations

   (c)   Water and Sanitary Sewer Requirements. All uses and lots established within this district must be served by public water and sanitary sewer service.

   (d)   Buffers. Residential - Multi-Family districts shall provide buffers as set forth in Chapter 1161.

   (e)   Enclosure Requirements. All outside storage of governmental or commercial inventory or equipment or any other use which may represent a hazard to trespassers must be enclosed with a fence or wall at least seven (7) feet in height.

   (f)   Maximum Density. The maximum density permitted in any R-MF2 District shall be fourteen (14) dwelling units per gross acre.

(Ord. 98-12. Passed 4-7-98.)

   (a)   Purpose. This district is established to accommodate small-scale, convenience-type retail and service needs serving the surrounding neighborhoods, while protecting the immediate neighborhood from adverse effects. This district shall be located on collector and arterial roads, where the transportation network and utility systems can readily accommodate them.

   (b)   Uses.

      (1)   Permitted uses.

         A.   Accessory Uses clearly incidental to any permitted or conditional use and which will not create a nuisance or hazard

         B.   Banks, Savings and Loans, Mortgage Companies, and other Financial Institutions

         C.   Convenience stores without gasoline sales

         D.   Day Care Facilities

         E.   Dry Cleaners

         F.   Governmental uses

         G.   Places of Worship

      (2)   Conditionally permitted uses.

         A.   Private Outdoor Recreation, including golf courses, tennis courts, swimming pools and clubhouses

         B.   Public Utility Substations, Carrier Stations, and Water Tanks

         C.   Retirement Homes

         D.   Schools, elementary, secondary and colleges

         E.   Similar Convenience Commercial-Type Uses

         F.   Temporary Construction Buildings

         G.   Tourist Homes

         H.   Funeral Homes

   (c)   Water and Sanitary Sewer Requirements. All uses and lots established within this district must be served by public water and sanitary sewer service.

   (d)   Buffers. Neighborhood Business Districts shall provide buffers as set forth in Chapter 1161.

   (e)   Enclosure Requirements. All business, servicing, processing, or storage, except off-street parking and loading, shall be within completely enclosed buildings, or enclosed by a wall or fence (including entrance and exit gates) not less than six (6) feet in height. Such fences or walls shall not be less than forty (40) feet from the front lot line, not less than ten (10) feet from the side lot lines, and not less than twenty (20) feet from the rear lot line.

(Ord. 98-12. Passed 4-7-98.)

   (a)   Purpose. This district is established to provide an environment for offices and professional services and ancillary uses and facilities. This district shall be located along major streets and function as a buffer between commercial and residential districts, where property size and other conditions preclude commercial development adjacent to residential districts. This district also shall be a buffer district between uses of substantially different intensity and character.

   (b)   Uses.

      (1)   Permitted uses.

         A.   Accessory Uses clearly incidental to any permitted or conditional use and which will not create a nuisance or hazard

         B.   Governmental uses

         C.   Places of Worship, including cemeteries

         D.   Libraries and museums

         E.   Medical Offices and Clinics

         F.   Offices

      (2)   Conditionally permitted uses.

         A.   Retail sales

         B.   Day Care Facilities

         C.   Public Utility Substations, Carrier Stations, and Water Tanks

         D.   Private Outdoor Recreation, including golf courses, tennis courts, swimming pools and clubhouses

         E.   Retirement Homes

         F.   Restaurants

         G.   Schools, elementary, secondary and colleges

         H.   Similar Uses

         I.   Temporary Construction Buildings

         J.   Tourist Homes

         K.   Funeral Homes

   (c)   Water and Sanitary Sewer Requirements. All uses and lots established within this district must be served by public water and sanitary sewer service.

   (d)   Buffers. Office Professional Districts shall provide buffers as set forth in Chapter 1161.

   (e)   Enclosure Requirements. All business, servicing, processing, or storage, except off-street parking and loading, shall be within completely enclosed buildings, or enclosed by a wall or fence (including entrance and exit gates) not less than six (6) feet in height. Such fences or walls shall not be less than forty (40) feet from the front lot line, not less than ten (10) feet from the side lot lines, and not less than twenty (20) feet from the rear lot line.

(Ord. 98-12. Passed 4-7-98.)

   (a)   Purpose.

      (1)   The BD Downtown Business District is established as a district in which the principal use of the land is for commercial, service and civic uses, which serve as a focal point of the Village for the urban and rural market area. The transportation network, with ready access and parking facilities, and the utility systems shall be suitable to accommodate the existing and anticipated impacts. The intent of this district is to promote the orderly expansion of such uses within the Downtown Business District, as designated on the Zoning Map, thereby allowing for a convenient and efficient distribution of a wide variety of goods and services.

      (2)   This district prohibits uses which would substantially interfere with the continuation of the uses presently in the district or with the orderly growth of the district to meet the needs of increased population in the market area.

   (b)   Uses.

      (1)   Permitted uses.

         A.   Accessory Uses or uses clearly incidental to any permitted or conditional use and which will not create a nuisance or hazard

         B.   Banks, Savings and Loans, Mortgage Companies, and Other Financial Institution

         C.   Business and Professional Offices including architects, real estate, legal, engineering firms, and accountants

         D.   Places of Worship

         E.   Clubs and Lodges, Civic and Fraternal

         F.   Clubs, Private

         G.   Community Centers and Meeting Halls

         H.   Convenience Stores

         I.   Dry-Cleaning and Laundry

         J.   Dwellings, as an accessory use above ground level

         K.   Governmental Uses

         L.   Hotels

         M.   Libraries and Museums

         N.   Medical Facilities and Services including hospitals, clinics, doctor and dentist offices

         O.   Media Offices and Studios, including newspaper, radio and television

         P.   Movie Theaters, Indoor

         Q.   Recreation, Private Indoor, including movie or live theaters, video-arcades, billiard halls, health spas, gyms, bowling alleys, and skating rinks

         R.   Restaurants

         S.   Sales, Retail

         T.   Schools, Fine Arts, including art, music, dance and drama

         U.   Schools, elementary, secondary and colleges

         V.   Personal Services

         W.   Temporary Construction Buildings

      (2)   Conditionally permitted uses.

         A.   Convalescent and Nursing Homes

         B.   Day Care Facilities

         C.   Similar Uses

         D.   Tourist Homes

   (c)   Water and Sanitary Sewer Requirements. All uses and lots established within this district must be served by public water and sanitary sewer service.

   (d)   Buffers. Downtown Business Districts shall provide buffers as set forth in Chapter 1161.

(Ord. 98-12. Passed 4-7-98.)

   (e)   Enclosure Requirements. All business activity, servicing, processing, or storage, except off-street parking and loading, shall be within completely enclosed buildings, or enclosed by a wall or fence not less than six feet in height. Due to the unique nature of the historic downtown district, the location, setbacks, materials, construction type and maximum height of such screen wall or fence shall be as determined by the Planning Commission to be adequate and appropriate based upon the characteristics and conditions of the specific site.

(Ord. 2005-29. Passed 1-3-06.)

      (1)   Pawn shops

      (2)   Vape shops

      (3)   Tattoo parlors

      (4)   Hookah lounges, smoke lounges, or vapor lounges

      (5)   Stores selling paraphernalia typically associated with controlled substances

(Ord. 2023-11. Passed 4-19-23.)

   (a)   Purpose. This district is established as a district in which the principal use of land is for the retailing of both perishable and durable goods, provision of commercial services to surrounding areas and the provision of services to transients. In promoting the general purposes of this Zoning Ordinance, the specific intent of this district is to encourage the construction of and the continued use of the land for commercial and service uses, particularly those which have a larger land area requirement, and to provide for the orderly expansion of such uses within this district, as designated on the Zoning Map. This district shall be located adjacent to major highways and arterials where the transportation network and utility systems are suitable to handle the existing and proposed impacts.

   (b)   Uses.

      (1)   Permitted uses.

         A.   Accessory Uses or uses clearly incidental to any permitted or conditional use and which will not create a nuisance or hazard

         B.   Banks, Savings and Loans, Mortgage Companies, and Other Financial Institution

         C.   Building Materials and Supplies

         D.   Business and Professional Offices including architects, real estate, legal, engineering firms, and accountants

         E.   Places of Worship

         F.   Clubs and Lodges, Civic and Fraternal

         G.   Community Centers and Meeting Halls

         H.   Day Care Facilities

         I.   Dry-Cleaning and Laundry

         J.   Governmental Uses

         K.   Greenhouses and Nurseries, Commercial

         L.   Hotels and Motels

         M.   Media Offices and Studios, including newspaper, radio, and television

         N.   Medical Facilities and Services including hospitals, clinics, doctor and dentist offices

         O.   Movie Theaters, Indoors

         P.   Public Utility Substations, Carrier stations, and Water Tanks

         Q.   Recreation, Private Indoor, including movie or live theaters, video arcades, billiard halls, health spas, gyms, bowling alleys, and skating rinks

         R.   Recreation, Private outdoor, including golf courses, tennis courts, swimming pools and clubhouses

         S.   Recreation, Public, including parks, playgrounds, ballfields, swimming pools, tennis courts, and picnicking

         T.   Restaurants

         U.   Sales, Retail

         V.   Sales, Wholesale

         W.   Schools, elementary, secondary and colleges

         X.   Schools, Fine Arts, including art, music, dance and drama

         Y.   Schools, Trade and Professional, including beauty and barber schools, nursing schools and business schools

         Z.   Personal Services

         AA.   Temporary Construction Buildings

         BB.   Adult Oriented Businesses subject to the provisions of subsection (f) hereof

      (2)   Conditionally permitted uses.

         A.   Animal Hospitals, with no outdoor pens or runs within twenty (20) feet from any property line

         B.   Automobile or other vehicle sales and service

         C.   Automobile Service Stations and Washes

         D.   Farm Equipment Sales and Service

         E.   Manufactured Home Sales

         F.   Similar Uses

         G.   Vehicle and Farm Equipment Rental and Leasing

   (c)   Water and Sanitary Sewer Requirements. All uses and lots established within this district must be served by public water and sanitary sewer service.

   (d)   Buffers. General Business Districts shall provide buffers as set forth in Chapter 1161.

   (e)   Enclosure Requirements. All business, servicing, processing, or storage, except off-street parking and loading, shall be within completely enclosed buildings, or enclosed by a wall or fence (including entrance and exit gates) not less than six (6) feet in height. Such fences or walls shall not be less than forty (40) feet from the front lot line, not less than ten (10) feet from the side lot lines, and not less than twenty (20) feet from the rear lot line.

   (f)   Special Provisions Regulating Adult Oriented Businesses. 

      (1)   Adult oriented businesses shall be permitted only in the BG General Business District and only provided that such uses are located not less than 1,000 feet from any school or religious institution.

      (2)   For purposes of this regulation, the following definitions shall apply:

         A.   "Adult Arcade" means an establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors, or similar machines, or other image producing machines, for viewing by five or fewer persons each, are regularly used to show films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas".

         B.   "Adult Bookstore", "Adult Novelty Store" or "Adult Video Store" means a commercial establishment which has as a significant or substantial portion of its stock-in-trade or derives a significant or substantial portion of its revenues or devotes a significant or substantial portion of its interior business or advertising to the scale, rental for any form of consideration, of any one or more of the following:

            1.   Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, or other visual representations which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas";

            2.   Instruments, devices, or paraphernalia which are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of themselves or others; and

            3.   An establishment may have other principal business purposes that do not involve the offering for sale, rental or viewing of materials depicting or describing "specified sexual activities" or "specified anatomical areas", and still be categorized as adult bookstore, adult novelty store, or adult video store. Such other business purposes will not serve to exempt such establishments from being categorized as an adult bookstore, adult novelty store or adult video store so long as one of its principal business purposes is offering for sale or rental, for some form of consideration, the specified materials which depict or describe "specified anatomical areas" or "specified sexual activities".

         C.   "Adult Cabaret" means a nightclub, bar, restaurant "bottle club", or similar commercial establishment, whether or not alcoholic beverages are served, which regularly features:

            1.   Persons who appear nude or in a state of nudity or semi-nude;

            2.   Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or

            3.   Films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas".

         D.   "Adult Motel" means a motel, hotel or similar commercial establishment which:

            1.   Offers public accommodations, for any form of consideration, which provide patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas" and which advertises the availability of this sexually oriented type of material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising including, but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television; or

            2.   Offers a sleeping room for rent for a period of less than ten (10) hours; or

            3.   Allows a tenant or occupant to subrent the sleeping room for a time period of less than ten (10) hours.

         E.   "Adult Motion Picture Theatre" means a commercial establishment where films, motion pictures, video cassettes, slides or similar photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas" are regularly shown for any form of consideration.

         F.   "Adult Theatre" means a theatre, concert hall, auditorium, or similar commercial establishment which, for any form of consideration, regularly features persons who appear in a state of nudity or live performances which are characterized by exposure of "specified anatomical areas" or by "specified sexual activities".

         G.   "Escort Agency" means a person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.

         H.   "Massage Parlor" means any place where, for any form or consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment manipulation of the human body which occurs as a part of or in connection with "specified sexual activities", or where any person providing such treatment, manipulation, or service related thereto, exposes his or her "specified anatomical areas". The definition of sexually oriented businesses shall not include the practice of massage in any licensed hospital, nor by a licensed hospital, nor by a licensed physician, surgeon, chiropractor or osteopath, nor by any nurse or technician working under the supervision of a licensed physician, surgeon, chiropractor or osteopath, nor by trainers for any amateur, semiprofessional or professional athlete or athletic team or school athletic program.

         I.   "Nude Model Studio" means any place where a person, who regularly appears in a state of nudity or displays "specified anatomical areas" is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons.

         J.   "Sexual Encounter Establishment" means a business or commercial establishment, that as one of its primary business purposes, offers for any form of consideration, a place where two or more persons may congregate, associate, or consort for the purpose of "specified sexual activities" or the exposure of "specified anatomical areas" or activities when one or more of the persons is in a state of nudity or semi-nude. The definition of sexually oriented businesses shall not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the state engages in medically approved and recognized sexual therapy.

         K.   "Nudity or State of Nudity" means:

            1.   The appearance of human bare buttock, anus, male genitals, female genitals, or the areola or nipple of the female breast; or

            2.   A state of dress which fails to opaquely and fully cover a human buttocks, anus, male or female genitals, pubic region or areola or nipple of the female breast.

         L.   "Semi-Nude" means a state of dress in which clothing covers no more than the genitals, pubic region, and areolae of the female breast, as well as portions of the body covered by supporting straps or devices.

         M.   "Specified Anatomical Areas" means and includes any of the following:

            1.   Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areolae; or

            2.   Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

         N.   "Specified Sexual Activities" means and includes any of the following:

            1.   The fondling or other intentional touching of human genitals, pubic region, buttocks, anus, or female breasts;

            2.   Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;

            3.   Masturbation, actual or simulated;

            4.   Human genitals in a state of sexual stimulation, arousal or tumescence; and

            5.   Excretory functions as part of or in connection with any of the activities of the activities set forth in subsections (f)(2)N.1. through 4. hereof.

(Ord. 98-12. Passed 4-7-98; Ord. 2008-27. Passed 12-30-08.)

   (a)   Purpose. The IL: Light Industrial District is established as a district in which the principal use of the land is for warehousing and mixes of industrial and heavy commercial uses which will not generate a health or safety hazard to area residents, nor consume water in amounts beyond the capabilities of existing water systems in the Village. In promoting the general purposes of this Zoning Ordinance, the specific intent of this district is provide land suitable for a wide variety of light industrial activities, including manufacturing, processing, production, storage, research and testing. Access to transportation facilities, availability of public utilities, and adequate fire and police protection are required.

   (b)   Uses.

      (1)   Permitted uses.

         A.   Accessory Uses or uses clearly incidental to any permitted or conditional use and which will not create a nuisance or hazard

          B.   Ambulance Services

         C.   Animal Hospitals, with no outdoor pens or runs within twenty (20) feet from any property line

         D.   Assembly Plants

         E.   Bottling Plants

         F.   Building Materials and Supplies

         G.   Canneries for public use

         H.   Carpentry Shops and Other Building Contractors Offices, Shops, and Yards

         I.   Dry-Cleaning and Laundry Plants

         J.   Fabrication

         K.   Farm Equipment Sales and Service

         L.   Feed and Seed Sales

         M.   Governmental Uses

         N.   Greenhouses and Nurseries, Commercial

         O.   Job Shops

         P.   Laboratories, including scientific, research, testing and medical

         Q.   Machine Shops

         R.   Manufacturing, including textiles, furniture, electronic equipment, appliances, machinery, clothing, glass products, and similar products

         S.   Moving and Storage Companies

         T.   Public Utility Substations, Carrier stations, and Water Tanks

         U.   Temporary Construction Buildings

         V.   Vehicle and Farm Equipment Rental and Leasing

         W.   Warehouses and Distribution

         X.   Other Manufacturing, Processing, Storage or Commercial Uses similar to those listed as permitted in the IL District

      (2)   Conditionally permitted uses.

         A.   Automobile or other vehicle sales and service

         B.   Automobile Service Stations

         C.   Similar Uses

         D.   Water Treatment Plants

         E.   Wireless Communications Facilities subject to the provisions of subsection (f) hereof

   (c)   Water and Sanitary Sewer Requirements. All uses and lots established within this district must be served by public water and sanitary sewer service.

   (d)   Buffers. Light Industrial Districts shall provide buffers as set forth in Chapter 1161.

   (e)   Enclosure Requirements. All business, servicing, processing, or storage, except off-street parking and loading, shall be within completely enclosed buildings, or enclosed by a wall or fence (including entrance and exit gates) not less than six (6) feet in height. Such fences or walls shall not be less than forty (40) feet from the front lot line, not less than ten (10) feet from the side lot lines, and not less than twenty (20) feet from the rear lot line.

   (f)   Wireless Communications Facilities. Wireless Telecommunications Facilities shall be permitted with a Conditional Use Certificate in IL Light Industrial Districts provided such facilities are in compliance with the provisions of this chapter and other applicable requirements of this Zoning Ordinance.

      (1)   No person shall install or maintain a Wireless Telecommunications Facility without first obtaining a Conditional Use Certificate from the Planning Commission as provided in Chapter 1165.

      (2)   As used in this chapter, the following words and/or phrases shall have the meaning set forth below:

         A.   "Wireless Telecommunications Facility" means the equipment and structures involved in receiving telecommunications or radio signals from a mobile radio communications source and transmitting those signals to a central switching computer which connects the mobile unit with land-based telephone lines.

         B.   "Tower" means a structure intended to support equipment used to transmit and/or receive telecommunications signals.

         C.   "Antenna" means the physical device through which electromagnetic, wireless telecommunications signals authorized by the Federal Communications Commission (FCC) are transmitted or received.

      (3)   Any application for a Conditional Use Certificate for a proposed Wireless Telecommunications Facility which includes a new Tower shall include:

         A.   A site plan indicating all existing and proposed buildings within three hundred (300) feet of the proposed Tower,

         B.   A landscaping plan to screen the facility from adjacent uses,

         C.   Information regarding the proposed service area for the facility and the necessity or demonstrated need for the proposed location,

          D.   Information regarding the feasibility of collocation on an existing Tower,

         E.   An elevation drawing of the proposed Tower,

         F.   A statement that the applicant will reasonably make space available on the Tower for collocation by other providers.

      (4)   Towers shall be of a monopole design only and shall be painted or colored to camouflage or minimize its visibility unless otherwise required by the FCC or Federal Aviation Administration (FAA). Towers shall not contain advertising and shall not be illuminated unless required to do so by the FAA, in which case the Tower shall conform to FAA regulations for safety markings and obstruction lighting.

      (5)   All Towers shall be designed to withstand wind loads of ninety (90) miles per hour with one half (½) inch of icing and to accommodate Wireless Communications Facilities for a total of at least two (2) providers.

      (6)   The maximum height of any free-standing Wireless Communication Facility shall be one hundred fifty (150) feet unless a variance to permit a greater height is granted by the Planning Commission based upon a showing of necessity to provide communications service. The maximum height of any roof mounted Antenna shall be twenty (20) feet above the roof.

      (7)   Towers shall be located from all property lines a distance at least equal to one-half (½) the height of the Tower. Where adjacent to any Residential District, Towers shall be located a distance at least equal to the height of the Tower from all property zoned Residential.

      (8)   All Wireless Telecommunications Facilities shall be secured with fencing.

      (9)   Where a Wireless Telecommunications Facility is the principal or sole use on a lot, the lot shall conform to the minimum area and frontage requirements of the zoning district.

      (10)   Where a Wireless Telecommunications Facility is permitted as an accessory use on a lot or parcel, the Planning Commission may require buffering from the main use. In such locations, the provisions for vehicular access to the Wireless Telecommunications Facility shall not interfere with parking or circulation patterns of the main use.

      (11)   All equipment buildings and structures required or proposed as part of a Wireless Communications Facility shall conform to the height and setback requirements of the zoning district.

      (12)   Obsolete or unused Towers shall be dismantled and removed upon abandonment. Cessation of use for a period in excess of twelve (12) consecutive months shall constitute abandonment.

(Ord. 98-12. Passed 4-7-98; Ord. 2023-20. Passed 6-14-23.)

   (a)   Dimensional Requirements by District. The Dimensional Requirements Table (TABLE 1) lists minimum dimensional requirements for each zoning district.

   (b)   Visibility and Corner Visibility.

      (1)   No planting, fence, or other obstruction to visibility of vehicles shall be erected, maintained, or allowed to exist in residential districts within the range of three (3) to seven (7) feet above street level, closer to the intersection of any two street lines than fifteen (15) feet and in the BH Highway Business or IL Light Industrial Districts within the range of three (3) to ten (10) feet above street level, closer to the intersection of any two street lines than twenty-five (25) feet.

      (2)   There shall be no fuel pumps within fifteen (15) feet of any property line or street right-of-way.

(Ord. 98-12. Passed 4-7-98.)

   (c)   Modifications. The dimensional requirements set forth in the Dimensional Requirements Table shall govern the use of property in each zoning district and shall be complied with in all respects except under specific conditions as set forth in subsections (d) through (j) hereof or where waived or modified by the Planning Commission in conformance with the provisions of Chapter 1151 .

(Ord. 2000-64. Passed 12-19-00; Ord. 2023-20. Passed 6-14-23.)

   (d)   Front Yard Modifications in Residential Districts. Where fifty (50) percent or more of the lots in any block or within six hundred (600) feet on both sides of the proposed structure, whichever is less, is composed of lots which have been developed with buildings whose front yards are less than the minimum required front yard as specified in the Dimensional Requirements, the required front yard shall be the average depth of front yards of the developed lots, or the minimum front yard as specified in Table 1, whichever is less. Provided further that if any lot lies between two (2) buildings which are less than 100 feet apart, the required front yard for such lot shall be no greater than the average front yard of the two (2) adjoining lots or twenty-five (25) feet, whichever is more. Where fifty percent (50%) or more of the lots in any block or within 600 feet on both sides of the proposed structure, whichever is less, is composed of lots with buildings which front yards are greater than the minimum required front yard as specified in Chapter 1155, the required front yard shall be the average depth of the front yards of the developed lots. Provided further that if any lot lies between two (2) buildings which are less than one hundred (100) feet apart, the required front yard for such lot shall be no less than the average front yard of the two (2) adjoining lots.

   (e)   Other Yard Modifications.

      (1)   Where through lots occur, the required front yard shall be provided on both streets.

      (2)   Architectural features such as open or enclosed fire escapes, steps, outside stairways, balconies and similar features, and uncovered porches may not project more than four (4) feet into any required yard.

      (3)   Sills, cornices, eaves, gutters, buttresses, ornamental features, and similar items may not project into any required yard more than thirty (30) inches.

(Ord. 98-12. Passed 4-7-98.)

   (f)   Height Limit Exceptions. Church steeples, chimneys, belfries, water tanks or towers, fire towers, flag poles, spires, monuments, cupolas, domes, and similar structures and necessary mechanical appurtenances may be erected to such heights as may be approved by the Planning Commission.

(Ord. 99-10. Passed 3-16-99.)

   (g)   Retaining Walls. The setback and yard requirements of this Ordinance shall not apply to a retaining wall not more than three (3) feet high, as measured from the lowest ground elevation to the top of the wall. The Planning Commission may permit a retaining wall greater than three (3) feet in height where it finds that due to the topography of the lot such a wall is necessary.

(Ord. 98-12. Passed 4-7-98; Ord. 2023-20. Passed 6-14-23.)

   (h)   Accessory Antennas. Antennas which are accessory and incidental to a permitted single family or duplex residence may be permitted in any residential district. Such accessory antennas shall not exceed fifty (50) feet in height.

(Ord. 99-10. Passed 3-16-99.)

   (i)   R-SF2 Cluster Development Standards. The standard dimensional requirements set forth in the Dimensional Requirements Table shall not apply to properties within developments approved under the Cluster Development Alternate provisions of Section 1155.05(d). Such properties shall be subject to the standards and requirements of the approved Development Plan and to the provisions of Section 1155.05(d).

   (j)   R-MF1 and R-MF2 Development Modifications. The Planning Commission may establish minimum standards and dimensional requirements for lot sizes, lot dimensions, yards, building and parking setbacks, and building separations other than those contained in the Dimensional Requirements Table for R-MF1 and/or RMF2 developments of greater than ten (10) acres in area provided that:

      (1)   Such developments conform to the provisions of Sections 1155.07 and 1155.08 respectively;

      (2)   Each such development shall provide and maintain a minimum perimeter boundary setback of thirty (30) feet for all buildings, structures, drives, and parking areas along the entire perimeter boundary of said R-MF1 and/or R-MF2 development, and further provided that said boundary setback area shall contain buffering in conformance with the provisions of Chapter 1161;

      (3)   Each such development shall provide a common open space area of at least fifteen percent (15%) of the total area of the R-MF1 and/or R-MF2 development; and

      (4)   The specific minimum standards and requirements for lots, yards, setbacks, building separations, and common open space established and approved by the Planning Commission shall be clearly designated on the Final Subdivision Plat and/or Final Development Plan prior to recordation, and shall be included in the covenants, deed restrictions, and/or condominium declarations for each such development.

(Ord. 2000-64. Passed 12-19-00.)

 

   Notes for Table 1:

   *   All dimensions listed in feet unless otherwise specified.

   **   Dimensional requirements do not apply to cluster developments [see Section 1155.05(d)].

   (A)    Duplex lots may be split along the common party wall to create two (2) lots each containing one (1) dwelling unit (½ the duplex standard) provided each such lot has a minimum width of 40 feet. In such cases, there shall be no side yard requirement on the common wall side provided that the other side yard is a minimum of eight (8) feet.

   (B)    Except as provided in Sections 1155.14(f) and 1155.14(h)

   (C)    Livable floor area for the purposes of this section means interior habitable space excluding garages and unfinished basements.

(Ord. 2000-64. Passed 12-19-00.)

   (D)   Riparian setback for Snipe Creek shall be measured from the stream center.

   (E)   On existing streets where fifty percent (50%) of any block has been developed with dwellings front setbacks less than that required by this code, the average of existing setbacks shall determine the minimum setback for the remainder of block.

(Ord. 2006-12. Passed 7-11-06.)

   (a)   Purpose. The purpose of the R-R1 Districts is to provide for agricultural and single-family residential environments with very low density. The R-R1 District limits density to prevent excessive impacts on streets, schools, utilities, community facilities, and public services and to discourage more intense uses of the land.

   (b)   Uses.

      (1)   Permitted uses. Within an R-R1 District, no building, structure, or premises shall be used, arranged to be used, or designed to be used in whole or in part, except for one or more of the following uses:

         A.   Agricultural Uses

         B.   Single-family Dwellings

         C.   Accessory Uses or uses clearly incidental to any permitted or conditional use and which will not create a nuisance or hazard

         D.   Family Day-Care Home

         E.   Governmental Uses

         F.   Public Recreation, including parks, playgrounds ballfields, swimming pools, tennis courts, and picnicking

         G.   Places of Worship

         H.   Schools, elementary, secondary and colleges

      (2)   Conditionally permitted uses. The Planning Commission may issue Conditional Use Permits for uses listed in this subsection, subject to the requirements of Chapter 1165:

         A.   Home Occupations

         B.   Private Outdoor Recreation, including golf courses, tennis courts, swimming pools and clubhouses

         C.   Public Utility Substations, Carrier Stations, and Water Tanks

         D.   Temporary Construction Buildings

   (c)   Water and Sanitary Sewer Requirements. Uses and lots established within this district may be served by either public water and sanitary sewer service or by individual wells and/or on-site sewage disposal systems as approved by the Wayne County Health District.

   (d)   Buffers. No buffers are required along the boundaries of this district with other districts.

   (e)   Enclosure Requirements. All outside storage of governmental or commercial equipment or any other use which may represent a hazard to trespassers must be enclosed with a fence or wall at least seven (7) feet in height.

(Ord. 2000-64. Passed 12-19-00.)