The area located within the jurisdiction of this chapter is hereby divided into zoning districts of such number as is necessary to achieve compatibility of land uses within each district, to implement the Village of Fontana Comprehensive Plan, and to achieve the other purposes of this chapter.

(Ord. No. 090412-02, § 1, 9-4-2012)

For the purpose of this chapter, all areas within the jurisdiction of this chapter are hereby divided into the following standard zoning districts:

(Ord. No. 090412-02, § 1, 9-4-2012)

Zoning districts established by this chapter are shown on the Official Zoning Map of the Village of Fontana, which together with all explanatory materials thereon, is hereby made part of this chapter.

(Ord. No. 090412-02, § 1, 9-4-2012)

The following rules shall be used to determine the precise location of any zoning district boundary shown on the Official Zoning Map of the Village of Fontana:

(1)

Zoning district boundaries shown as following or approximately following the limits of any village, city, town, or county boundary shall be construed as following such limits.

(2)

Zoning district boundaries shown as following or approximately following streets or railroad lines shall be construed as following the centerline of such streets or railroad lines.

(3)

Zoning district boundary lines shown as following or approximately following platted lot lines or other property lines as shown on the Village of Fontana or Walworth County tax maps shall be construed as following such lines.

(4)

Zoning district boundaries shown as following or approximately following the centerlines of streams, rivers, or other continuously flowing watercourses shall be construed as following the channel centerlines of such watercourses, and, in the event of a natural change in the location of such streams, rivers, or other watercourses, the zoning district boundary shall be construed as moving with the channel centerline.

(5)

Zoning district boundaries shown as following or approximately following ridgelines or watershed boundaries shall be construed as following such lines.

(6)

Zoning district boundaries shown as separated from any of the features listed in subsections (1) through (5), above, shall be construed to be at such distances therefrom as are shown on the official zoning map.

(7)

Where any uncertainty exists as to the exact location of a zoning district boundary line as shown on the official zoning map, the location of the line shall be determined by the zoning administrator.

(Ord. No. 090412-02, § 1, 9-4-2012)

Sections 18-27 through 18-43 describe and specify the purpose of each standard zoning district established by this chapter; establish principal, accessory, and temporary uses permitted by right or as conditional uses; establish bulk, density and intensity standards; and reference other applicable regulations within the village's Municipal Code. Land use definitions and regulations are provided in article III. Section 18-54 includes a "Table of Land Uses" indicating which land uses are allowed in each zoning district, and whether they are permitted by right, by conditional use, as accessory uses, or as temporary uses.

(Ord. No. 090412-02, § 1, 9-4-2012)

(a)

Description and purpose. The AH-35 District is intended to preserve the character of lands in agricultural or open space uses. The standards for this district permit very low density development of one dwelling unit for every 35 gross acres. The AH-35 District shall serve as a "holding zoning" which permits agriculture as an interim land use that will easily permit further development (with rezoning to another district) at the appropriate time.

(b)

Principal land uses permitted by right.

(1)

Single-family (35-acre lot) (see subsection 18-55(a)).

(2)

Existing residential (see subsection 18-55(l)).

(3)

Passive outdoor recreation (see subsection 18-57(b)).

(4)

Active outdoor recreation (see subsection 18-57(c)).

(5)

Public services and utilities (see subsection 18-58(c)).

(6)

Community living arrangement (1—8 residents) (see subsection 18-58(d)).

(7)

Composting (see subsection 18-62(d)).

(8)

Cultivation (see subsection 18-63(a)).

(9)

On-site agricultural retail (see subsection 18-63(c)).

(10)

Selective cutting (see subsection 18-63(d)).

(11)

Minor outdoor food and beverage seating (see subsection 18-56(g)(1)).

(c)

Principal land uses permitted as conditional use.

(1)

Single-family (40,000 sq. ft. lot) (see subsection 18-55(a)).

(2)

Mobile home (see subsection 18-55(h)).

(3)

Mobile home subdivision (see subsection 18-55(i)).

(4)

Mobile home park (see subsection 18-55(j)).

(5)

Reserved.

(6)

Bed and breakfast establishment (see subsection 18-56(i)).

(7)

Commercial animal boarding (see subsection 18-56(m)).

(8)

Adult-oriented land use (see subsection 18-56(q)).

(9)

Campground (see subsection 18-57(a)).

(10)

Reserved.

(11)

Outdoor institutional (see subsection 18-58(b)).

(12)

Production greenhouse (see subsection 18-59(c)).

(13)

Indoor food production (see subsection 18-59(d)).

(14)

Communication tower (see subsection 18-59(e)).

(15)

Large solar energy system (see subsection 18-59(f)).

(16)

Large wind energy system (see subsection 18-59(g)).

(17)

Indoor storage and wholesaling (see subsection 18-60(a)).

(18)

Outdoor storage and wholesaling (see subsection 18-60(b)).

(19)

Airport (see subsection 18-61(d)).

(20)

Extraction (see subsection 18-62(a)).

(21)

Recycling and waste disposal (see subsection 18-62(c)).

(22)

Salvage or junkyard (see subsection 18-62(d)).

(23)

Husbandry (see subsection 18-63(b)).

(24)

Communication tower.

(25)

Intensive agricultural (see subsection 18-63(f)).

(26)

Agricultural services (see subsection 18-63(g)).

(27)

Community garden (see subsection 18-63(h)).

(28)

Market garden (see subsection 18-63(i)).

(29)

Major outdoor food and beverage seating (see subsection 18-56(g)(2)).

(30)

Minor outdoor commercial entertainment (see subsection 18-56(g)(3)).

(31)

Major outdoor commercial entertainment (see subsection 18-56(g)(4)).

(d)

Accessory uses permitted by right.

(1)

Home occupation (see subsection 18-64(a)).

(2)

Family day care home (4—8 children) (see subsection 18-64(c)).

(3)

In-home suite (see subsection 18-64(e)).

(4)

Accessory dwelling unit (see subsection 18-64(f)).

(5)

Farm residence (see subsection 18-64(g)).

(6)

Residential garage or shed (see subsection 18-64(i)).

(7)

Residential recreational facility (see subsection 18-64(j)).

(8)

On-site parking (see subsection 18-64(l)).

(9)

Stormwater facilities (see subsection 18-64(r)).

(10)

Exterior communications device (see subsection 18-64(s)).

(11)

Incidental recreational equipment storage (see subsection 18-64(w)).

(12)

Tourist rooming house (see subsection 18-64(x)).

(e)

Accessory uses permitted as conditional use.

(1)

Expanded home occupation (see subsection 18-64(b)).

(2)

Intermediate day care home (9—15 children) (see subsection 18-64(d)).

(3)

Migrant employee housing (see subsection 18-64(h)).

(4)

Residential kennel or stable (see subsection 18-64(k)).

(5)

Incidental outdoor display (see subsection 18-64(o)).

(6)

Septic system (see subsection 18-64(t)).

(7)

Small solar energy system (see subsection 18-64(u)).

(8)

Small wind energy system (see subsection 18-64(v)).

(f)

Permitted temporary uses.

(1)

Temporary farm product sales (see subsection 18-65(a)).

(2)

Temporary outdoor sales (see subsection 18-65(b)).

(3)

Temporary outdoor assembly (see subsection 18-65(c)).

(4)

Temporary storage container (see subsection 18-65(d)).

(5)

Temporary construction storage (see subsection 18-65(e)).

(6)

Temporary relocatable building (see subsection 18-65(f)).

(7)

Garage or estate sale (auction) (see subsection 18-65(g)).

(8)

Limited duration special activities and events (see subsection 18-65(i)).

(g)

Nonconforming situations. The village has adopted provisions and protections for nonconforming lot, use, structure and/or sites (see article VI).

(h)

Overlay district requirements. All lots, uses, structures, and site features within one or more overlay zoning district (see article VII) shall be subject to the regulations of all applicable overlay zoning districts in addition to those of the underlying AH-35 District. Where AH-35 and overlay district requirements conflict, the more restrictive requirements shall prevail.

(i)

Design standards. All structures and uses shall comply with applicable design standards of article X, except for any exemptions specifically stated in this chapter or any other agency with jurisdiction.

(j)

Landscaping regulations. Single-family and agricultural land uses are exempt from landscaping requirements. All other land uses in the AH-35 zoning district shall comply with applicable provisions of article XI.

(k)

Signage regulations. All signs shall comply with applicable provisions of article XII.

(l)

Performance standards. All allowed uses in the AH-35 zoning district shall comply with applicable performance standards of article XIII, except for any exemptions specifically stated in this chapter or by any other agency with jurisdiction.

(m)

Density, intensity and bulk regulations. Density, intensity and bulk regulations specific to the AH-35 zoning district are detailed in Figure 18-27.

Figure 18-27: Density, Intensity and Bulk Regulations in the AH-35 District

(Ord. No. 090412-02, § 1, 9-4-2012; Ord. No. 061118-02, § 4, 6-11-2018; Ord. No. 110121-02, § 3, 11-1-2021; Ord. No. 120621-03, § 14, 12-6-2021; Ord. No. 020623-02, § 1, 2-7-2023; Ord. No. 050123-02, §§ 3—8, 5-1-2023; Ord. No. 111323-02, § 2, 11-13-2023; Ord. No. 021224-01, § 1, 2-12-2024)

(a)

Description and purpose. The LR-0 District is intended to preserve the character of existing lakefront neighborhoods. The standards for this district are intended to maintain the historic permitted density while providing flexibility to homeowners for home renovations.

(b)

Principal land uses permitted by right.

(1)

Existing residential (see subsection 18-55(l)).

(2)

Single-family residential (40,000 sq. ft. Lot) (see subsection 18-55(a)).

(3)

Community living arrangement (1—8 residents) (see subsection 18-58(e)).

(4)

Cultivation (see subsection 18-63(a)).

(5)

Selective cutting (see subsection 18-63(d)).

(c)

Principal land uses permitted as conditional use.

(1)

Indoor institutional (see subsection 18-58(a)).

(2)

Outdoor institutional (see subsection 18-58(b)).

(3)

Public services and utilities (see subsection 18-58(c)).

(4)

Community living arrangement (9—15 residents) (see subsection 18-58(f)).

(5)

Communication tower.

(d)

Accessory land uses permitted by right.

(1)

Home occupation (see subsection 18-64(a)).

(2)

Family day care home (4—8 children) (see subsection 18-64(c)).

(3)

In-home suite (see subsection 18-64(e)).

(4)

Residential garage or shed (see subsection 18-64(i)).

(5)

Residential recreational facility (see subsection 18-64(j)).

(6)

On-site parking (see subsection 18-64(l)).

(7)

Stormwater facilities (see subsection 18-64(r)).

(8)

Exterior communications device (see subsection 18-64(s)).

(9)

Incidental recreational equipment storage (see subsection 18-64(w)).

(10)

Tourist rooming house (see subsection 18-64(x)).

(e)

Accessory land uses permitted as conditional use.

(1)

Expanded home occupation (see subsection 18-64(b)).

(2)

Intermediate day care home (9—15 children) (see subsection 18-64(d)).

(3)

Accessory dwelling unit (see subsection 18-64(f)).

(4)

Residential kennel or stable (see subsection 18-64(k)).

(5)

Small solar energy system (see subsection 18-64(u)).

(6)

Small wind energy system (see subsection 18-64(v)).

(f)

Permitted temporary uses.

(1)

Temporary outdoor assembly (see subsection 18-65(c)).

(2)

Temporary storage container (see subsection 18-65(d)).

(3)

Temporary construction storage (see subsection 18-65(d)).

(4)

Temporary relocatable building (see subsection 18-65(f)).

(5)

Garage or estate sale (auction) (see subsection 18-65(g)).

(g)

Nonconforming situations. The village has adopted provisions and protections for nonconforming lot, use, structure and/or sites (see article VI).

(h)

Overlay district requirements. All lots, uses, structures, and site features within one or more overlay zoning district (see article VII) shall be subject to the regulations of all applicable overlay zoning districts in addition to those of the underlying LR-0 District. Where LR-0 and overlay district requirements conflict, the more restrictive requirements shall prevail.

(i)

Design standards. All structures and uses shall comply with applicable design standards of article X, except for any exemptions specifically stated in this chapter or any other agency with jurisdiction or as may be approved as part of a planned development per section 18-247 and section 18-43. Group and large developments (see section 18-167) are not permitted in the LR-0 District.

(j)

Landscaping regulations. Single-family land uses are exempt from landscaping requirements. All other land uses in the LR-0 zoning district shall comply with applicable provisions of article XI.

(k)

Signage regulations. All signs shall comply with applicable provisions of article XII.

(l)

Performance standards. All allowed uses in the LR-0 zoning district shall comply with applicable performance standards of article XIII, except for any exemptions specifically stated in this chapter or any other agency with jurisdiction.

(m)

Density, intensity and bulk regulations. Density, intensity and bulk regulations specific to the LR-0 zoning district are detailed in Figure 18-28.

Figure 18-28: Density, Intensity and Bulk Regulations in the LR-0 District

(n)

Lot line adjustment.

(1)

Lot line adjustments, as defined by subsection 17-4(f)(1) in the land division regulations, are permitted to make adjacent parcels larger or smaller so long as district standards such as the minimum lot width, minimum lot area, and minimum landscape surface ratio are not reduced below the requirements listed in Figure 18-28.

(2)

Such adjustments are intended to enable property owners of nonconforming structures or substandard lots the ability to bring such structure or lot into conformity with district standards; however, lot line adjustments shall not enable the creation of additional principal dwellings or other principal structures.

(o)

Prohibition on reconfiguration or assemblage of lots to increase density in the Lakefront Residential District. Except as may be approved as part of a planned development per section 18-247 and section 18-43, lot line adjustments, parcel combinations, condominiums, pyramiding, or other methods may not be used to create additional principal structures in the LR-0 District.

(Ord. No. 090412-02, § 1, 9-4-2012; Ord. No. 03-02-15-01, § 2, 3-2-2015; Ord. No. 03-07-16-02, § 1, 3-7-2016; Ord. No. 061118-02, § 5, 6-11-2018; Ord. No. 110121-02, § 4, 11-1-2021; Ord. No. 120621-03, § 14, 12-6-2021; Ord. No. 030722-02, § 1, 3-7-2022; Ord. No. 020623-02, § 2, 2-7-2023; Ord. No. 061223-02, §§ 1, 2, 6-12-2023; Ord. No. 111323-02, § 2, 11-13-2023; Ord. No. 021224-01, § 2, 2-12-2024)

(a)

Description and purpose. The SR-1 District is intended to accommodate areas of low-density, single-family neighborhoods often served by well and septic systems, existing as of the effective date of this chapter. Density and intensity standards for this district are designed to ensure that the existing character of areas designated SR-1 are protected and preserved.

(b)

Principal land uses permitted by right.

(1)

Single-family (30,000 sq. ft. lot) (see subsection 18-55(a)).

(2)

Existing residential (see subsection 18-55(l)).

(3)

Passive outdoor recreation (see subsection 18-57(b)).

(4)

Active outdoor recreation (see subsection 18-57(c)).

(5)

Public services and utilities (see subsection 18-58(c)).

(6)

Community living arrangement (1—8 residents) (see subsection 18-58(e)).

(7)

Cultivation (see subsection 18-63(a)).

(8)

Selective cutting (see subsection 18-63(d)).

(c)

Principal land uses permitted as conditional use.

(1)

Bed and breakfast establishment (see subsection 18-56(i)).

(2)

Community living arrangement (9—15 residents) (see subsection 18-58(f)).

(3)

Communication tower.

(d)

Accessory uses permitted by right.

(1)

Home occupation (see subsection 18-64(a)).

(2)

Family day care home (4—8 children) (see subsection 18-64(c)).

(3)

In-home suite (see subsection 18-64(e)).

(4)

Residential garage or shed (see subsection 18-64(i)).

(5)

Residential recreational facility (see subsection 18-64(j)).

(6)

On-site parking (see subsection 18-64(l)).

(7)

Stormwater facilities (see subsection 18-64(r)).

(8)

Exterior communications device (see subsection 18-64(s)).

(9)

Incidental recreational equipment storage (see subsection 18-64(w)).

(10)

Tourist rooming house (see subsection 18-64(x)).

(e)

Accessory uses permitted as conditional use.

(1)

Expanded home occupation (see subsection 18-64(b)).

(2)

Intermediate day care home (9—15 children) (see subsection 18-64(d)).

(3)

Accessory dwelling unit (see subsection 18-64(f)).

(4)

Residential kennel or stable (see subsection 18-64(k)).

(5)

Septic system (see subsection 18-64(t)).

(6)

Small solar energy system (see subsection 18-64(u)).

(7)

Small wind energy system (see subsection 18-64(v)).

(f)

Permitted temporary uses.

(1)

Temporary outdoor assembly (see subsection 18-65(c)).

(2)

Temporary storage container (see subsection 18-65(d)).

(3)

Temporary construction storage (see subsection 18-65(d)).

(4)

Temporary relocatable building (see subsection 18-65(f)).

(5)

Garage or estate sale (auction) (see subsection 18-65(g)).

(g)

Nonconforming situations. The village has adopted provisions and protections for nonconforming lot, use, structure and/or sites (see article VI).

(h)

Overlay district requirements. All lots, uses, structures, and site features within one or more overlay zoning district (see article VII) shall be subject to the regulations of all applicable overlay zoning districts in addition to those of the underlying SR-1 District. Where SR-1 and overlay district requirements conflict, the more restrictive requirements shall prevail.

(i)

Design standards. All structures and uses shall comply with applicable design standards of article X, except for any exemptions specifically stated in this chapter or any other agency with jurisdiction.

(j)

Landscaping regulations. Single-family land uses are exempt from landscaping requirements. All other land uses in the SR-1 zoning district shall comply with applicable provisions of article XI.

(k)

Signage regulations. All signs shall comply with applicable provisions of article XII.

(l)

Performance standards. All allowed uses in the SR-1 zoning district shall comply with applicable performance standards of article XIII, except for any exemptions specifically stated in this chapter or any other agency with jurisdiction.

(m)

Density, intensity and bulk regulations. Density, intensity and bulk regulations specific to the SR-1 zoning district are detailed in Figure 18-29.

Figure 18-29: Density, Intensity and Bulk Regulations in the SR-1 District

(Ord. No. 090412-02, § 1, 9-4-2012; Ord. No. 03-02-15-01, § 3, 3-2-2015; Ord. No. 061118-02, § 6, 6-11-2018; Ord. No. 110121-02, § 5, 11-1-2021; Ord. No. 120621-03, § 14, 12-6-2021; Ord. No. 020623-02, § 3, 2-7-2023; Ord. No. 111323-02, § 2, 11-13-2023; Ord. No. 021224-01, § 3, 2-12-2024)

(a)

Description and purpose. This district is intended to provide high-quality, single-family residential neighborhoods at a density of about two dwellings per acre. Density and intensity standards for this district are designed to ensure that the existing character of areas designated as SR-2 shall be protected and preserved.

(b)

Principal land uses permitted by right.

(1)

Single-family (15,000 sq. ft.) (see subsection 18-55(a)).

(2)

Existing residential (see subsection 18-55(l)).

(3)

Passive outdoor recreation (see subsection 18-57(b)).

(4)

Active outdoor recreation (see subsection 18-57(c)).

(5)

Public services and utilities (see subsection 18-58(c)).

(6)

Community living arrangement (1—8 residents) (see subsection 18-58(e)).

(7)

Cultivation (see subsection 18-63(a)).

(8)

Selective cutting (see subsection 18-63(d)).

(c)

Principal land uses permitted as conditional use.

(1)

Bed and breakfast establishment (see subsection 18-56(i)).

(2)

Community living arrangement (9—15 residents) (see subsection 18-58(f)).

(3)

Communication tower.

(d)

Accessory uses permitted by right.

(1)

Home occupation (see subsection 18-64(a)).

(2)

Family day care home (4—8 children) (see subsection 18-64(c)).

(3)

In-home suite (see subsection 18-64(e)).

(4)

Residential garage or shed (see subsection 18-64(i)).

(5)

Residential recreational facility (see subsection 18-64(j)).

(6)

On-site parking (see subsection 18-64(l)).

(7)

Stormwater facilities (see subsection 18-64(r)).

(8)

Exterior communication device (see subsection 18-64(s)).

(9)

Incidental recreational equipment storage (see subsection 18-64(w)).

(10)

Tourist rooming house (see subsection 18-64(x)).

(e)

Accessory uses permitted as conditional use.

(1)

Expanded home occupation (see subsection 18-64(b)).

(2)

Intermediate day care home (9—15 children) (see subsection 18-64(d)).

(3)

Accessory dwelling unit (see subsection 18-64(f)).

(4)

Small solar energy system (see subsection 18-64(u)).

(5)

Small wind energy system (see subsection 18-64(v)).

(f)

Permitted temporary uses.

(1)

Temporary outdoor assembly (see subsection 18-65(c)).

(2)

Temporary storage container (see subsection 18-65(d)).

(3)

Temporary construction storage (see subsection 18-65(e)).

(4)

Temporary relocatable building (see subsection 18-65(f)).

(5)

Garage or estate sale (auction) (see subsection 18-65(g)).

(g)

Nonconforming situations. The village has adopted provisions and protections for nonconforming lot, use, structure and/or sites (see article VI).

(h)

Overlay district requirements. All lots, uses, structures, and site features within one or more overlay zoning district (see article VII) shall be subject to the regulations of all applicable overlay zoning districts in addition to those of the underlying SR-2 District. Where SR-2 and overlay district requirements conflict, the more restrictive requirements shall prevail.

(i)

Design standards. All structures and uses shall comply with applicable design standards of article X, except for any exemptions specifically stated in this chapter or any other agency with jurisdiction.

(j)

Landscaping regulations. Single-family land uses are exempt from landscaping requirements. All other land uses in the SR-2 zoning district shall comply with applicable provisions of article XI.

(k)

Signage regulations. All signs shall comply with applicable provisions of article XII.

(l)

Performance standards. All allowed uses in the SR-2 zoning district shall comply with applicable performance standards of article XIII, except for any exemptions specifically stated in this chapter or any other agency with jurisdiction.

(m)

Density, intensity and bulk regulations. Density, intensity and bulk regulations specific to the SR-2 zoning district are detailed in Figure 18-30.

Figure 18-30: Density, Intensity, and Bulk Regulations in the SR-2 District

(Ord. No. 090412-02, § 1, 9-4-2012; Ord. No. 03-02-15-01, § 4, 3-2-2015; Ord. No. 061118-02, § 7, 6-11-2018; Ord. No. 110121-02, § 6, 11-1-2021; Ord. No. 120621-03, § 14, 12-6-2021; Ord. No. 020623-02, § 4, 2-7-2023; Ord. No. 111323-02, § 2, 11-13-2023; Ord. No. 021224-01, § 4, 2-12-2024)

(a)

Description and purpose. This district is intended to permit development which has a moderate density of about four dwelling units per acre. Density and intensity standards for this district are designed to ensure that the existing unique character of areas designated as SR-4 shall be protected and preserved.

(b)

Principal land uses permitted by right.

(1)

Single-family (10,000 sq. ft.) (see subsection 18-55(a)).

(2)

Existing residential (see subsection 18-55(l)).

(3)

Passive outdoor recreation (see subsection 18-57(b)).

(4)

Active outdoor recreation (see subsection 18-57(c)).

(5)

Public service and utilities (see subsection 18-58(c)).

(6)

Community living arrangement (1—8 residents) (see subsection 18-58(e)).

(7)

Cultivation (see subsection 18-63(a)).

(8)

Selective cutting (see subsection 18-63(d)).

(c)

Principal land uses permitted as conditional use.

(1)

Bed and breakfast establishment (see subsection 18-56(i)).

(2)

Community living arrangement (9—15 residents) (see subsection 18-58(f)).

(3)

Communication tower.

(d)

Accessory uses permitted by right.

(1)

Home occupation (see subsection 18-64(a)).

(2)

Family day care home (4—8 children) (see subsection 18-64(c)).

(3)

In-home suite (see subsection 18-64(e)).

(4)

Residential garage or shed (see subsection 18-64(i)).

(5)

Residential recreational facility (see subsection 18-64(j)).

(6)

On-site parking (see subsection 18-64(l)).

(7)

Stormwater facilities (see subsection 18-64(r)).

(8)

Exterior communications device (see subsection 18-64(s)).

(9)

Incidental recreational equipment storage (see subsection 18-64(w)).

(10)

Tourist rooming house (see subsection 18-64(x)).

(e)

Accessory uses permitted as conditional use.

(1)

Expanded home occupation (see subsection 18-64(b)).

(2)

Intermediate day care home (9—15 children) (see subsection 18-64(d)).

(3)

Accessory dwelling unit (see subsection 18-64(f)).

(4)

Small solar energy system (see subsection 18-64(u)).

(5)

Small wind energy system (see subsection 18-64(v)).

(f)

Permitted temporary uses.

(1)

Temporary outdoor assembly (see subsection 18-65(c)).

(2)

Temporary storage container (see subsection 18-65(d)).

(3)

Temporary construction storage (see subsection 18-65(e)).

(4)

Temporary relocatable building (see subsection 18-65(f)).

(5)

Garage or estate sale (auction) (see subsection 18-65(g)).

(g)

Nonconforming situations. The village has adopted provisions and protections for nonconforming lot, use, structure and/or sites (see article VI).

(h)

Overlay district requirements. All lots, uses, structures, and site features within one or more overlay zoning district (see article VII) shall be subject to the regulations of all applicable overlay zoning districts in addition to those of the underlying SR-4 District. Where SR-4 and overlay district requirements conflict, the more restrictive requirements shall prevail.

(i)

Design standards. All structures and uses shall comply with applicable design standards of article X, except for any exemptions specifically stated in this chapter or any other agency with jurisdiction.

(j)

Landscaping regulations. Single-family land uses are exempt from landscaping requirements. All other land uses in the SR-4 zoning district shall comply with applicable provisions of article XI.

(k)

Signage regulations. All signs shall comply with applicable provisions of article XII.

(l)

Performance standards. All allowed uses in the SR-4 zoning district shall comply with applicable performance standards of article XIII, except for any exemptions specifically stated in this chapter or any other agency with jurisdiction.

(m)

Density, intensity and bulk regulations. Density, intensity and bulk regulations specific to the SR-4 zoning district are detailed in Figure 18-31.

Figure 18-31: Density, Intensity and Bulk Regulations in the SR-4 District

(Ord. No. 090412-02, § 1, 9-4-2012; Ord. No. 03-02-15-01, § 5, 3-2-2015; Ord. No. 061118-02, § 8, 6-11-2018; Ord. No. 110121-02, § 7, 11-1-2021; Ord. No. 120621-03, § 14, 12-6-2021; Ord. No. 020623-02, § 5, 2-7-2023; Ord. No. 111323-02, § 2, 11-13-2023; Ord. No. 021224-01, § 5, 2-12-2024)

(a)

Description and purpose. This district is intended to permit development which has a moderate density of about five dwellings per acre. Density and intensity standards for this district are designed to ensure that the existing village character of areas designated as SR-5 shall be protected and preserved.

(b)

Principal land uses permitted by right.

(1)

Single-family (7,000 sq. ft.) (see subsection 18-55(a)).

(2)

Existing residential (see subsection 18-55(l)).

(3)

Passive outdoor recreation (see subsection 18-57(b)).

(4)

Active outdoor recreation (see subsection 18-57(c)).

(5)

Public services and utilities (see subsection 18-58(c)).

(6)

Community living arrangement (1—8 residents) (see subsection 18-58(e)).

(7)

Cultivation (see subsection 18-63(a)).

(8)

Selective cutting (see subsection 18-63(d)).

(c)

Principal land uses permitted as conditional use.

(1)

Bed and breakfast establishment ((see subsection 18-56(i)).

(2)

Community living arrangement (9—15 residents) (see subsection 18-58(f)).

(3)

Communication tower.

(d)

Accessory uses permitted by right.

(1)

Home occupation (see subsection 18-64(a)).

(2)

Family day care home (4—8 children) (see subsection 18-64(c)).

(3)

In-home suite (see subsection 18-64(e)).

(4)

Residential garage or shed (see subsection 18-64(i)).

(5)

Residential recreational facility (see subsection 18-64(j)).

(6)

On-site parking (see subsection 18-64(l)).

(7)

Stormwater facilities (see subsection 18-64(r)).

(8)

Exterior communications device (see subsection 18-64(s)).

(9)

Incidental recreational equipment storage (see subsection 18-64(w)).

(10)

Tourist rooming house (see subsection 18-64(x)).

(e)

Accessory uses permitted as conditional use.

(1)

Expanded home occupation (see subsection 18-64(b)).

(2)

Intermediate day care home (9—15 children) (see subsection 18-64(d)).

(3)

Accessory dwelling unit (see subsection 18-64(f)).

(4)

Small solar energy system (see subsection 18-64(u)).

(5)

Small wind energy system (see subsection 18-64(v)).

(f)

Permitted temporary uses.

(1)

Temporary outdoor assembly (see subsection 18-65(c)).

(2)

Temporary storage container (see subsection 18-65(d)).

(3)

Temporary construction storage (see subsection 18-65(e)).

(4)

Temporary relocatable building (see subsection 18-65(f)).

(5)

Garage or estate sale (auction) (see subsection 18-65(g)).

(g)

Nonconforming situations. The village has adopted provisions and protections for nonconforming lot, use, structure and/or sites (see article VI).

(h)

Overlay district requirements. All lots, uses, structures, and site features within one or more overlay zoning district (see article VII) shall be subject to the regulations of all applicable overlay zoning districts in addition to those of the underlying SR-5 District. Where SR-5 and overlay district requirements conflict, the more restrictive requirements shall prevail.

(i)

Design standards. All structures and uses shall comply with applicable design standards of article X, except for any exemptions specifically stated in this chapter or any other agency with jurisdiction.

(j)

Landscaping regulations. Single-family land uses are exempt from landscaping requirements. All other land uses in the SR-5 zoning district shall comply with applicable provisions of article XI.

(k)

Signage regulations. All signs shall comply with applicable provisions of article XII.

(l)

Performance standards. All allowed uses in the SR-5 zoning district shall comply with applicable performance standards of article XIII, except for any exemptions specifically stated in this chapter or any other agency with jurisdiction.

(m)

Density, intensity and bulk regulations. Density, intensity and bulk regulations specific to the SR-5 zoning district are detailed in Figure 18-32.

Figure 18-32: Density, Intensity and Bulk Regulations in the SR-5 District

(Ord. No. 090412-02, § 1, 9-4-2012; Ord. No. 10-01-12-01, § 1, 10-1-2012; Ord. No. 03-02-15-01, § 6, 3-2-2015; Ord. No. 061118-02, § 9, 6-11-2018; Ord. No. 090418-02, § 1, 9-4-2018; Ord. No. 110121-02, § 8, 11-1-2021; Ord. No. 120621-03, § 14, 12-6-2021; Ord. No. 020623-02, § 6, 2-7-2023; Ord. No. 111323-02, § 2, 11-13-2023; Ord. No. 021224-01, § 6, 2-12-2024)

(a)

Description and purpose. This district is intended to permit detached single-family and attached two-family homes at a density of no more than six dwellings per acre. Density and intensity standards for this district are designed to ensure that the character of areas designated as AR-6 shall be protected and preserved.

(b)

Principal land uses permitted by right.

(1)

Single-family (5,000 sq. ft.) (see subsection 18-55(a)).

(2)

Two-flat (see subsection 18-55(b)).

(3)

Twin house (see subsection 18-55(c)).

(4)

Duplex (see subsection 18-55(d)).

(5)

Existing residential (see subsection 18-55(l)).

(6)

Passive outdoor recreation (see subsection 18-57(b)).

(7)

Active outdoor recreation (see subsection 18-57(c)).

(8)

Public services and utilities (see subsection 18-58(c)).

(9)

Community living arrangement (1—8 residents) (see subsection 18-58(e)).

(10)

Cultivation (see subsection 18-63(a)).

(11)

Selective cutting (see subsection 18-63(d)).

(c)

Principal land uses permitted as conditional use.

(1)

Bed and breakfast establishment (see subsection 18-56(i)).

(2)

Community living arrangement (9—15 residents) (see subsection 18-58(f)).

(3)

Communication tower.

(4)

Community garden (see subsection 18-63(h)).

(d)

Accessory uses permitted by right.

(1)

Home occupation (see subsection 18-64(a)).

(2)

Family day care home (4—8 children) (see subsection 18-64(c)).

(3)

In-home suite (see subsection 18-64(e)).

(4)

Residential garage or shed (see subsection 18-64(i)).

(5)

Residential recreational facility (see subsection 18-64(j)).

(6)

On-site parking (see subsection 18-64(l)).

(7)

Stormwater facilities (see subsection 18-64(r)).

(8)

Exterior communications device (see subsection 18-64(s)).

(9)

Tourist rooming house (see subsection 18-64(x)).

(e)

Accessory uses permitted as conditional use.

(1)

Expanded home occupation (see subsection 18-64(b)).

(2)

Intermediate day care home (9—15 children) (see subsection 18-64(d)).

(3)

Accessory dwelling unit (see subsection 18-64(f)).

(4)

Small solar energy system (see subsection 18-64(u)).

(5)

Small wind energy system (see subsection 18-64(v)).

(6)

Incidental recreational equipment storage (see subsection 18-64(w)).

(f)

Permitted temporary uses.

(1)

Temporary outdoor assembly (see subsection 18-65(c)).

(2)

Temporary storage container (see subsection 18-65(d)).

(3)

Temporary construction storage (see subsection 18-65(e)).

(4)

Temporary relocatable building (see subsection 18-65(f)).

(5)

Garage or estate sale (auction) (see subsection 18-65(g)).

(g)

Nonconforming situations. The village has adopted provisions and protections for nonconforming lot, use, structure and/or sites (see article VI).

(h)

Overlay district requirements. All lots, uses, structures, and site features within one or more overlay zoning district (see article VII) shall be subject to the regulations of all applicable overlay zoning districts in addition to those of the underlying AR-6 District. Where AR-6 and overlay district requirements conflict, the more restrictive requirements shall prevail.

(i)

Design standards. All structures and uses shall comply with applicable design standards of article X, except for any exemptions specifically stated in this chapter or any other agency with jurisdiction.

(j)

Landscaping regulations. Single-family land uses are exempt from landscaping requirements. All other land uses in the AR-6 zoning district shall adhere to the applicable landscaping requirements (see article XI).

(k)

Signage regulations. All signs shall comply with applicable provisions of article XII.

(l)

Performance standards. All allowed uses in the AR-6 zoning district shall comply with applicable performance standards of article XIII, except for any exemptions specifically stated in this chapter or any other agency with jurisdiction.

(m)

Density, intensity and bulk regulations. Density, intensity and bulk regulations specific to the AR-6 zoning district are detailed in Figure 18-33.

Figure 18-33: Density, Intensity and Bulk Regulations in the AR-6 District

(Ord. No. 090412-02, § 1, 9-4-2012; Ord. No. 03-02-15-01, § 7, 3-2-2015; Ord. No. 061118-02, § 10, 6-11-2018; Ord. No. 110121-02, § 9, 11-1-2021; Ord. No. 120621-03, § 14, 12-6-2021; Ord. No. 020623-02, § 7, 2-7-2023; Ord. No. 111323-02, § 2, 11-13-2023; Ord. No. 021224-01, § 7, 2-12-2024)

(a)

Description and purpose. This district provides housing variety for smaller families, single individuals, and those who do not desire private yards and want minimal maintenance responsibilities at a density of no more than eight dwellings per acre. Density and intensity standards for this district are designed to ensure that the character of areas designated as MR-8 shall be protected and preserved.

(b)

Principal land uses permitted by right.

(1)

Single-family (5,000 sq. ft.) (see subsection 18-55(a)).

(2)

Two-flat (see subsection 18-55(b)).

(3)

Twin house (see subsection 18-55(c)).

(4)

Duplex (see subsection 18-55(d)).

(5)

Townhouse (3—4 units) (see subsection 18-55(e)).

(6)

Multiplex (3—4 units) (see subsection 18-55(f)).

(7)

Apartment (3—4 units) (see subsection 18-55(g)).

(8)

Existing residential (see subsection 18-55(l)).

(9)

Passive outdoor recreation (see subsection 18-57(b)).

(10)

Active outdoor recreation (see subsection 18-57(c)).

(11)

Public services and utilities (see subsection 18-58(c)).

(12)

Community living arrangement (1—8 residents) (see subsection 18-58(e)).

(13)

Community living arrangement (9—15 residents) (see subsection 18-58(f)).

(14)

Cultivation (see subsection 18-63(a)).

(15)

Selective cutting (see subsection 18-63(d)).

(c)

Principal land uses permitted as conditional use.

(1)

Townhouse (5—8 units) (see subsection 18-55(c)).

(2)

Multiplex (5—8 units) (see subsection 18-55(f)).

(3)

Apartment (5—8 units) (see subsection 18-55(g)).

(4)

Bed and breakfast establishment (see subsection 18-56(i)).

(5)

Boarding house (see subsection 18-56(k)).

(6)

Community living arrangement (16+ residents) (see subsection 18-58(g)).

(7)

Group day care center (9+ children) (see subsection 18-56(l)).

(8)

Communication tower.

(9)

Community garden (see subsection 18-63(h)).

(d)

Accessory uses permitted by right.

(1)

Home occupation (see subsection 18-64(a)).

(2)

Family day care home (4—8 children) (see subsection 18-64(c)).

(3)

In-home suite (see subsection 18-64(e)).

(4)

Residential garage or shed (see subsection 18-64(i)).

(5)

Residential recreational facility (see subsection 18-64(j)).

(6)

On-site parking (see subsection 18-64(l)).

(7)

Stormwater facilities (see subsection 18-64(r)).

(8)

Exterior communications device (see subsection 18-64(s)).

(9)

Tourist rooming house (see subsection 18-64(x)).

(e)

Accessory uses permitted as conditional use.

(1)

Expanded home occupation (see subsection 18-64(b)).

(2)

Intermediate day care home (9—15 children) (see subsection 18-64(d)).

(3)

Small solar energy system (see subsection 18-64(u)).

(4)

Small wind energy system (see subsection 18-64(v)).

(5)

Incidental recreational equipment storage (see subsection 18-64(w)).

(f)

Permitted temporary uses.

(1)

Temporary outdoor assembly (see subsection 18-65(c)).

(2)

Temporary storage container (see subsection 18-65(d)).

(3)

Temporary construction storage (see subsection 18-65(e)).

(4)

Temporary relocatable building (see subsection 18-65(f)).

(5)

Garage or estate sale (auction) (see subsection 18-65(g)).

(g)

Nonconforming situations. The village has adopted provisions and protections for nonconforming lot, use, structure and/or sites (see article VI).

(h)

Overlay district requirements. All lots, uses, structures, and site features within one or more overlay zoning district (see article VII) shall be subject to the regulations of all applicable overlay zoning districts in addition to those of the underlying MR-8 District. Where MR-8 and overlay district requirements conflict, the more restrictive requirements shall prevail.

(i)

Design standards. All structures and uses shall comply with applicable design standards of article X, except for any exemptions specifically stated in this chapter or any other agency with jurisdiction.

(j)

Landscaping regulations. Single-family land uses are exempt from landscaping requirements. All other land uses in the MR-8 zoning district shall comply with applicable provisions of article XI.

(k)

Signage regulations. All signs shall comply with applicable provisions of article XII.

(l)

Performance standards. All allowed uses in the MR-8 zoning district shall comply with applicable performance standards of article XIII, except for any exemptions specifically stated in this chapter or any other agency with jurisdiction.

(m)

Density, intensity and bulk regulations. Density, intensity and bulk regulations specific to the MR-8 zoning district are detailed in Figure 18-34.

Figure 18-34: Density, Intensity and Bulk Regulations in the MR-8 District

(Ord. No. 090412-02, § 1, 9-4-2012; Ord. No. 03-02-15-01, § 8, 3-2-2015; Ord. No. 061118-02, § 11, 6-11-2018; Ord. No. 110121-02, § 10, 11-1-2021; Ord. No. 120621-03, § 14, 12-6-2021; Ord. No. 020623-02, § 8, 2-7-2023; Ord. No. 111323-02, § 2, 11-13-2023; Ord. No. 021224-01, § 8, 2-12-2024)

(a)

Description and purpose. This district is intended to permit multifamily dwellings of no more than 12 dwellings per acre. This district provides housing variety for smaller families, single individuals, and those who do not desire private yards and want minimal maintenance responsibilities. Density and intensity standards for this district are designed to ensure that the character of areas designated as MR-12 shall be protected and preserved.

(b)

Principal land uses permitted by right.

(1)

Single-family (5,000 sq. ft.) (see subsection 18-55(a)).

(2)

Two-flat (see subsection 18-55(b)).

(3)

Twin house (see subsection 18-55(c)).

(4)

Duplex (see subsection 18-55(d)).

(5)

Townhouse (3—8 units) (see subsection 18-55(e)).

(6)

Multiplex (3—8 units) (see subsection 18-55(f)).

(7)

Apartment (3—8 units) (see subsection 18-55(g)).

(8)

Existing residential (see subsection 18-55(l)).

(9)

Passive outdoor recreation (see subsection 18-57(b)).

(10)

Active outdoor recreation (see subsection 18-57(c)).

(11)

Public services and utilities (see subsection 18-58(c)).

(12)

Community living arrangement (1—8 residents) (see subsection 18-58(e)).

(13)

Community living arrangement (9—15 residents) (see subsection 18-58(f)).

(14)

Cultivation (see subsection 18-63(a)).

(15)

Selective cutting (see subsection 18-63(d)).

(c)

Principal land uses permitted as conditional use.

(1)

Apartment (9—16 units) (see subsection 18-55(g)).

(2)

Bed and breakfast establishment (see subsection 18-56(i)).

(3)

Boarding house (see subsection 18-56(k)).

(4)

Group day care center (9+ children) (see subsection 18-56(l)).

(5)

Community living arrangement (16+ residents) (see subsection 18-58(g)).

(6)

Communication tower.

(7)

Community garden (see subsection 18-63(h)).

(d)

Accessory uses permitted by right.

(1)

Home occupation (see subsection 18-64(a)).

(2)

Family day care home (4—8 children) (see subsection 18-64(c)).

(3)

In-home suite (see subsection 18-64(e)).

(4)

Residential garage or shed (see subsection 18-64(i)).

(5)

Residential recreational facility (see subsection 18-64(j)).

(6)

On-site parking (see subsection 18-64(l)).

(7)

Stormwater facilities (see subsection 18-64(r)).

(8)

Exterior communications device (see subsection 18-64(s)).

(9)

Tourist rooming house (see subsection 18-64(x)).

(e)

Accessory uses permitted as conditional use.

(1)

Expanded home occupation (see subsection 18-64(b)).

(2)

Intermediate day care home (9—15 children) (see subsection 18-64(d)).

(3)

Small solar energy system (see subsection 18-64(u)).

(4)

Small wind energy system (see subsection 18-64(v)).

(5)

Incidental recreational equipment storage (see subsection 18-64(w)).

(f)

Permitted temporary uses.

(1)

Temporary outdoor assembly (see subsection 18-65(c)).

(2)

Temporary storage container (see subsection 18-65(d)).

(3)

Temporary construction storage (see subsection 18-65(e)).

(4)

Temporary relocatable building (see subsection 18-65(f)).

(5)

Garage or estate sale (auction) (see subsection 18-65(g)).

(g)

Nonconforming situations. The village has adopted provisions and protections for nonconforming lot, use, structure and/or sites (see article VI).

(h)

Overlay district requirements. All lots, uses, structures, and site features within one or more overlay zoning district (see article VII) shall be subject to the regulations of all applicable overlay zoning districts in addition to those of the underlying MR-12 District. Where MR-12 and overlay district requirements conflict, the more restrictive requirements shall prevail.

(i)

Design standards. All structures and uses shall comply with applicable design standards of article X, except for any exemptions specifically stated in this chapter or any other agency with jurisdiction.

(j)

Landscaping regulations. Single-family land uses are exempt from landscaping requirements. All other land uses in the MR-12 zoning district shall comply with applicable provisions of article XI.

(k)

Signage regulations. All signs shall comply with applicable provisions of article XII.

(l)

Performance standards. All allowed uses in the MR-12 zoning district shall comply with applicable performance standards of article XIII, except for any exemptions specifically stated in this chapter or any other agency with jurisdiction.

(m)

Density, intensity and bulk regulations. Density, intensity and bulk regulations specific to the MR-12 zoning district are detailed in Figure 18-35.

Figure 18-35: Density, Intensity and Bulk Regulations in the MR-12 District

(Ord. No. 090412-02, § 1, 9-4-2012; Ord. No. 03-02-15-01, § 9, 3-2-2015; Ord. No. 061118-02, § 12, 6-11-2018; Ord. No. 110121-02, § 11, 11-1-2021; Ord. No. 120621-03, § 14, 12-6-2021; Ord. No. 020623-02, § 9, 2-7-2023; Ord. No. 111323-02, § 2, 11-13-2023; Ord. No. 021224-01, § 9, 2-12-2024)

(a)

Description and purpose. This district is intended to establish and preserve areas for certain public and institutional uses in the Village of Fontana.

(b)

Principal land uses permitted by right.

(1)

Existing residential (see subsection 18-55(l)).

(2)

Passive outdoor recreation (see subsection 18-57(b)).

(3)

Active outdoor recreation (see subsection 18-57(c)).

(4)

Public services and utilities (see subsection 18-58(c)).

(5)

Cultivation (see subsection 18-63(a)).

(6)

Selective cutting (see subsection 18-63(d)).

(7)

Minor outdoor food and beverage seating (see subsection 18-56(g)(1)).

(c)

Principal land uses permitted as conditional use.

(1)

Group day care center (9+ children) (see subsection 18-56(l)).

(2)

Reserved.

(3)

Indoor institutional (see subsection 18-58(a)).

(4)

Outdoor institutional (see subsection 18-58(b)).

(5)

Institutional residential (see subsection 18-58(d)).

(6)

Community living arrangement (1—16+ residents) (see subsection 18-58(e)).

(7)

Off-site parking (see subsection 18-61(e)).

(8)

Composting (see subsection 18-62(c)).

(9)

Communication tower.

(10)

Community garden (see subsection 18-63(h)).

(11)

Market garden (see subsection 18-63(i)).

(12)

Major outdoor food and beverage seating (see subsection 18-56(g)(2)).

(13)

Minor outdoor commercial entertainment (see subsection 18-56(g)(3)).

(14)

Major outdoor commercial entertainment (see subsection 18-56(g)(4)).

(d)

Accessory uses permitted by right.

(1)

Home occupation (see subsection 18-64(a)).

(2)

Residential garage or shed (see subsection 18-64(i)).

(3)

Residential recreational facility (see subsection 18-64(j)).

(4)

On-site parking (see subsection 18-64(l)).

(5)

Company cafeteria (see subsection 18-64(m)).

(6)

Company on-site recreation (see subsection 18-64(n)).

(7)

Stormwater facilities (see subsection 18-64(r)).

(8)

Exterior communications device (see subsection 18-64(s)).

(9)

Tourist rooming house (see subsection 18-64(x)).

(e)

Accessory uses permitted as conditional use.

(1)

Expanded home occupation (see subsection 18-64(b)).

(2)

Family day care home (4—8 children) (see subsection 18-64(c)).

(3)

Intermediate day care home (9—15 children) (see subsection 18-64(d)).

(4)

Small solar energy system (see subsection 18-64(u)).

(5)

Small wind energy system (see subsection 18-64(v)).

(f)

Permitted temporary uses.

(1)

Temporary farm product sales (see subsection 18-65(a)).

(2)

Temporary outdoor sales (see subsection 18-65(b)).

(3)

Temporary outdoor assembly (see subsection 18-65(c)).

(4)

Temporary storage container (see subsection 18-65(d)).

(5)

Temporary construction storage (see subsection 18-65(e)).

(6)

Temporary relocatable building (see subsection 18-65(f)).

(7)

Garage or estate sale (auction) (see subsection 18-65(g)).

(8)

Farmer's market (see subsection 18-65(h)).

(9)

Limited duration special activities and events (see subsection 18-65(i)).

(g)

Nonconforming situations. The village has adopted provisions and protections for nonconforming lot, use, structure and/or sites (see article VI).

(h)

Overlay district requirements. All lots, uses, structures, and site features within one or more overlay zoning district (see article VII) shall be subject to the regulations of all applicable overlay zoning districts in addition to those of the underlying IN District. Where IN and overlay district requirements conflict, the more restrictive requirements shall prevail.

(i)

Design standards. All structures and uses shall comply with applicable design standards of article X, except for any exemptions specifically stated in this chapter or any other agency with jurisdiction.

(j)

Landscaping regulations. All land uses in the IN zoning district shall comply with applicable provisions of article XI.

(k)

Signage regulations. All signs shall comply with applicable provisions of article XII.

(l)

Performance standards. All allowed uses in the IN zoning district shall comply with applicable performance standards of article XIII, except for any exemptions specifically stated in this chapter or any other agency with jurisdiction.

(m)

Density, intensity and bulk regulations. Density, intensity and bulk regulations specific to the IN zoning district are detailed in Figure 18-36.

Figure 18-36: Density, Intensity and Bulk Regulations in the IN District

(Ord. No. 090412-02, § 1, 9-4-2012; Ord. No. 03-02-15-01, § 10, 3-2-2015; Ord. No. 061118-02, § 13, 6-11-2018; Ord. No. 110121-02, § 12, 11-1-2021; Ord. No. 120621-03, § 14, 12-6-2021; Ord. No. 020623-02, § 10, 2-7-2023; Ord. No. 050123-02, §§ 9—13, 5-1-2023; Ord. No. 111323-02, § 2, 11-13-2023; Ord. No. 021224-01, § 10, 2-12-2024)

(a)

Description and purpose. This district is intended to permit small-scale commercial development which is compatible with Fontana's overall village character and with adjacent residential development in particular. The desired development character is achieved through landscaping requirements, building size restrictions, and "residential-character" architectural requirements.

(b)

Principal land uses permitted by right.

(1)

Single-family (7,000 sq. ft. lot) (see subsection 18-55(a)).

(2)

Mixed-use dwelling unit (see subsection 18-55(k)).

(3)

Existing residential (see subsection 18-55(l)).

(4)

Office (see subsection 18-56(a)).

(5)

Personal or professional service (see subsection 18-56(b)).

(6)

Indoor sales or service (see subsection 18-56(d)).

(7)

Indoor maintenance service (see subsection 18-56(n)).

(8)

Passive outdoor recreation (see subsection 18-57(b)).

(9)

Active outdoor recreation (see subsection 18-57(c)).

(10)

Public services and utilities (see subsection 18-58(c)).

(11)

Cultivation (see subsection 18-63(a)).

(12)

Selective cutting (see subsection 18-63(d)).

(13)

Minor outdoor food and beverage seating (see subsection 18-56(g)(1)).

(c)

Principal land uses permitted as conditional use.

(1)

Two-flat (see subsection 18-55(b)).

(2)

Twin house (see subsection 18-55(c)).

(3)

Duplex (see subsection 18-55(d)).

(4)

Indoor entertainment (see subsection 18-56(f)).

(5)

Bed and breakfast establishment (see subsection 18-56(i)).

(6)

Boarding house (see subsection 18-56(k)).

(7)

Group day care center (9+ children) (see subsection 18-56(l)).

(8)

Vacation rental home (see subsection 18-56(s)).

(9)

Indoor institutional (see subsection 18-58(a)).

(10)

Communication tower.

(11)

Community garden (see subsection 18-63(h)).

(d)

Accessory uses permitted by right.

(1)

Home occupation (see subsection 18-64(a)).

(2)

In-home suite (see subsection 18-64(e)).

(3)

Residential garage or shed (see subsection 18-64(i)).

(4)

Residential recreational facility (see subsection 18-64(j)).

(5)

On-site parking (see subsection 18-64(l)).

(6)

Stormwater facilities (see subsection 18-64(r)).

(7)

Exterior communications device (see subsection 18-64(s)).

(8)

Tourist rooming house (see subsection 18-64(x)).

(e)

Accessory uses permitted as conditional use.

(1)

Expanded home occupation (see subsection 18-64(b)).

(2)

Family day care home (4—8 children) (see subsection 18-64(c)).

(3)

Intermediate day care home (9—15 children) (see subsection 18-64(d)).

(4)

Accessory dwelling unit (see subsection 18-64(f)).

(5)

Incidental outdoor display (see subsection 18-64(o)).

(6)

Incidental indoor sales (see subsection 18-64(p)).

(7)

Small solar energy system (see subsection 18-64(u)).

(8)

Small wind energy system (see subsection 18-64(v)).

(f)

Permitted temporary uses.

(1)

Temporary farm product sales (see subsection 18-65(a)).

(2)

Temporary outdoor sales (see subsection 18-65(b)).

(3)

Temporary outdoor assembly (see subsection 18-65(c)).

(4)

Temporary storage container (see subsection 18-65(d)).

(5)

Temporary construction storage (see subsection 18-65(e)).

(6)

Temporary relocatable building (see subsection 18-65(f)).

(7)

Garage or estate sale (auction) (see subsection 18-65(g)).

(8)

Farmer's market (see subsection 18-65(h)).

(9)

Limited duration special activities and events (see subsection 18-65(i)).

(g)

Nonconforming situations. The village has adopted provisions and protections for nonconforming lot, use, structure and/or sites (see article VI).

(h)

Overlay district requirements. All lots, uses, structures, and site features within one or more overlay zoning district (see article VII) shall be subject to the regulations of all applicable overlay zoning districts in addition to those of the underlying NB District. Where NB and overlay district requirements conflict, the more restrictive requirements shall prevail.

(i)

Design standards. All structures and uses shall comply with applicable design standards of article X, except for any exemptions specifically stated in this chapter or any other agency with jurisdiction. In addition, structures and uses within the NB District shall adhere to the following additional design requirements:

(1)

Areas zoned NB shall be no larger than four acres in size.

(2)

The minimum zoning district separation for areas zoned NB shall be 500 feet.

(3)

Residential architectural and landscaping requirements include:

a.

Foundation planting.

b.

Residential roof shapes, pitches, and materials, such as shingles or shakes.

c.

A minimum of 15 percent window coverage.

d.

Residential exterior materials, such as wood, cement board, brick, decorative block, stone, and other materials approved by the plan commission.

e.

Building color and design shall be in keeping with the village's "Nantucket-style" community character (e.g., whites, grays, light blue, etc.), as approved by the plan commission.

(4)

Areas zoned NB shall provide a neighborhood-oriented amenity per plan commission direction (i.e., outdoor neighborhood gathering area, public art, etc.).

(5)

Parking shall be placed to the side or the rear of the principal building; no parking shall be permitted in the front. Parking is prohibited within required setbacks for principal buildings.

(6)

Business operating hours within the NB District shall be from 7:00 a.m. to 9:00 p.m. unless otherwise extended by conditional use permit.

(7)

In order to ensure a minimum disruption to residential development, development within this district shall take access from a collector or arterial street, if available, rather than a neighborhood street.

(j)

Landscaping regulations. Single-family land uses are exempt from landscaping requirements. All other land uses in the NB zoning district shall comply with applicable provisions of article XI.

(k)

Signage regulations. All signs shall comply with applicable provisions of article XII.

(l)

Performance standards. All allowed uses in the NB zoning district shall comply with applicable performance standards of article XIII, except for any exemptions specifically stated in this chapter or any other agency with jurisdiction.

(m)

Density, intensity and bulk regulations. Density, intensity and bulk regulations specific to the NB zoning district are detailed in Figure 18-37, below.

Figure 18-37: Density, Intensity and Bulk Regulations in the NB District

(Ord. No. 090412-02, § 1, 9-4-2012; Ord. No. 071017-03, § 3, 7-10-2017; Ord. No. 061118-02, § 14, 6-11-2018; Ord. No. 090418-02, § 2, 9-4-2018; Ord. No. 110121-02, § 13, 11-1-2021; Ord. No. 120621-03, § 14, 12-6-2021; Ord. No. 020623-02, § 11, 2-7-2023; Ord. No. 050123-02, § 14, 5-1-2023; Ord. No. 111323-02, § 3, 11-13-2023; Ord. No. 021224-01, § 11, 2-12-2024)

(a)

Description and purpose. The VC District is intended to permit development that is compatible with the existing character of the village and provide for the preservation and stabilization of Fontana's historic Village Center. The VC District is intended to implement the design recommendations of the comprehensive plan by preserving and enhancing the appearance, character, and property values of the community.

(b)

Principal land uses permitted by right.

(1)

All land uses and development (including operating hours and other operations, structures, buildings, paved areas, fixtures, signs, landscaping, stormwater facilities, and other development) in the configuration existing as of the effective date of this chapter shall be permitted by right.

(2)

Reserved.

(3)

Two-flat (see subsection 18-55(b)).

(4)

Mixed-use residential (see subsection 18-55(k)).

(5)

Existing residential (see subsection 18-55(l)).

(6)

Office (see subsection 18-56(a)).

(7)

Personal or professional service (see subsection 18-56(b)).

(8)

Indoor sales or service (see subsection 18-56(d)).

(9)

Outdoor display (see subsection 18-56(e)).

(10)

Indoor entertainment (see subsection 18-56(f)).

(11)

Reserved.

(12)

Bed and breakfast establishment (see subsection 18-56(i)).

(13)

Boarding house (see subsection 18-56(k)).

(14)

Group day care center (9+ children) (see subsection 18-56(l)).

(15)

Indoor maintenance service (see subsection 18-56(n)).

(16)

Vacation rental home (see subsection 18-56(s)).

(17)

Passive outdoor recreation (see subsection 18-57(b)).

(18)

Active outdoor recreation (see subsection 18-57(b)).

(19)

Lake-related recreation (see subsection 18-57(e)).

(20)

Indoor institutional (see subsection 18-58(a)).

(21)

Public services and utilities (see subsection 18-58(c)).

(22)

Cultivation (see subsection 18-63(a)).

(23)

Selective cutting (see subsection 18-63(d)).

(24)

Minor outdoor food and beverage seating (see subsection 18-56(g)(1)).

(25)

Major outdoor food and beverage seating (see subsection 18-56(g)(2)).

(c)

Principal land uses permitted as conditional use.

(1)

Transit center or park and ride (see subsection 18-61(a)).

(2)

Off-site parking (see subsection 18-61(e)).

(3)

Communication tower.

(4)

Outdoor boat display and sales (see subsection 18-56(t)).

(5)

Minor outdoor commercial entertainment (see subsection 18-56(g)(3)).

(d)

Accessory uses permitted by right.

(1)

Home occupation (see subsection 18-64(a)).

(2)

Expanded home occupation (see subsection 18-64(b)).

(3)

Family day care home (4—8 children) (see subsection 18-64(c)).

(4)

Intermediate day care home (9—15 children) (see subsection 18-64(d)).

(5)

In-home suite (see subsection 18-64(e)).

(6)

Accessory dwelling unit (see subsection 18-64(f)).

(7)

Residential garage or shed (see subsection 18-64(i)).

(8)

Residential recreational facility (see subsection 18-64(j)).

(9)

On-site parking (see subsection 18-64(l)).

(10)

Incidental outdoor display (see subsection 18-64(o)).

(11)

Incidental indoor sales (see subsection 18-64(p)).

(12)

Stormwater facilities (see subsection 18-64(r)).

(13)

Exterior communications device (see subsection 18-64(s)).

(14)

Tourist rooming house (see subsection 18-64(x)).

(e)

Accessory uses permitted as conditional use.

(1)

Small solar energy system (see subsection 18-64(u)).

(2)

Small wind energy system (see subsection 18-64(v)).

(f)

Permitted temporary uses.

(1)

Temporary farm product sales (see subsection 18-65(a)).

(2)

Temporary outdoor sales (see subsection 18-65(b)).

(3)

Temporary outdoor assembly (see subsection 18-65(c)).

(4)

Temporary storage container (see subsection 18-65(d)).

(5)

Temporary construction storage (see subsection 18-65(e)).

(6)

Temporary relocatable building (see subsection 18-65(f)).

(7)

Garage or estate sale (auction) (see subsection 18-65(g)).

(8)

Farmer's market (see subsection 18-65(h)).

(9)

Limited duration special activities and events (see subsection 18-65(i)).

(10)

Temporary parking.

(g)

Nonconforming situations. The village has adopted provisions and protections for nonconforming lot, use, structure and/or sites (see article VI).

(h)

Overlay district requirements. All lots, uses, structures, and site features within one or more overlay zoning district (see article VII) shall be subject to the regulations of all applicable overlay zoning districts in addition to those of the underlying VC District. Where VC and overlay district requirements conflict, the more restrictive requirements shall prevail.

(i)

Design standards. All structures and uses shall comply with applicable design standards of article X, except for any exemptions specifically stated in this chapter or any other agency with jurisdiction. In addition, structures and uses within the VC District shall adhere to the following additional design requirements:

(1)

Overall VC design theme. The design theme for the VC District shall be based on the historic development pattern in the Village Center, which incorporates a mixture of residential, resort, institutional, retail and service uses. Building orientation and character focus on pedestrian-scaled design.

(2)

Lighting.

a.

Appropriate lighting shall be provided at all building entries, along all walkways, and around all parking areas subject to the exterior lighting standards in section 18-165.

b.

Light fixtures located along on-site walkways and public sidewalks and streets shall be pedestrian-scaled, and shall generally conform to the village's preferred design theme for fixtures in the Village Center. Building-mounted light fixtures shall complement the architecture and exterior materials.

(3)

Pedestrian and bicycle site access.

a.

Whenever practical, paved walkways shall be installed between public building entries, adjoining public sidewalks, any on-site parking areas, and adjoining properties. All such walkways shall be a minimum of five feet wide unless otherwise constrained by topography or existing site improvements.

b.

Protective barriers or markings shall be installed to separate walkways from vehicular circulation and parking areas.

c.

Bicycle parking shall be provided at the rate of one bike rack per 1,000 [sq. ft.] of gross floor area.

(4)

Vehicular site access and parking.

a.

Shared driveways and the establishment of cross-access easements shall be encouraged to minimize the number of access points.

b.

Parking shall be placed to the side or the rear of the principal building; no parking shall be permitted in the front. Parking is prohibited within required setbacks for principal buildings.

c.

Parking lot screening shall be required along all public streets. In lieu of landscaping, a wall may be used, subject to the following:

1.

The wall shall be no shorter than three feet and no taller than four feet.

2.

The entire wall and supporting structure/footer shall be located on the property.

3.

The material and design of the wall shall be consistent with the building architecture.

4.

The wall shall be finished on both sides.

5.

A continuous wall face (i.e., unbroken by a driveway or building) shall be broken up with columns, jogs, and/or landscaping at least once every 25 feet.

6.

In lieu of required perimeter trees, taller columns, trellises, or similar features may be used to visually extend the wall.

7.

The wall shall comply with all vision triangle requirements in section 18-212.

(5)

Utilities, building mechanicals and dumpsters.

a.

All utilities; ground-mounted, wall-mounted, and rooftop mechanicals; and refuse containers (dumpsters) shall be fully screened with materials matching the principal building.

b.

Whenever possible, utilities shall be located at the rear or side of a building.

(6)

Fencing.

a.

Chain link and nondecorative wire fencing is prohibited.

b.

On-site fencing shall be pedestrian-scaled and shall generally conform to the village's preferred design theme for the Village Center.

(7)

Commercial lakefront area. The commercial lakefront area between Lake Street and the ordinary high water mark of Geneva Lake may contain up to 100 percent impervious surface ratios. Any and all changes to surface conditions in said area shall be subject to site plan review.

(j)

Landscaping regulations. Single-family land uses are exempt from landscaping requirements. All other land uses in the VC zoning district shall comply with applicable provisions of article XI.

(k)

Signage regulations. All signs shall comply with applicable provisions of article XII.

(l)

Performance standards. All allowed uses in the VC zoning district shall comply with applicable performance standards of article XIII, except for any exemptions specifically stated in this chapter or any other agency with jurisdiction.

(m)

Density, intensity and bulk regulations. Density, intensity and bulk regulations specific to the VC zoning district are detailed in Figure 18-38.

Figure 18-38: Density, Intensity and Bulk Regulations in the VC District

(Ord. No. 090412-02, § 1, 9-4-2012; Ord. No. 03-07-16-01, §§ 1, 2, 3-7-2016; Ord. No. 071017-03, § 4, 7-10-2017; Ord. No. 030518-04, § 1, 3-5-2018; Ord. No. 061118-02, § 15, 6-11-2018; Ord. No. 030519-01, § 2, 3-5-2019; Ord. No. 110121-02, § 14, 11-1-2021; Ord. No. 120621-03, § 14, 12-6-2021; Ord. No. 020623-02, § 12, 2-7-2023; Ord. No. 050123-02, §§ 15—18, 5-1-2023; Ord. No. 100923-01, § 2, 10-9-2023; Ord. No. 111323-02, § 2, 11-13-2023; Ord. No. 021224-01, § 12, 2-12-2024)

(a)

Description and purpose. This district is intended to create opportunities for unique and small local businesses; provide goods and services to village residents and visitors; enhance the character of the village; and create a comprehensively designed business atmosphere.

(b)

Principal land uses permitted by right.

(1)

Existing residential (see subsection 18-55(l)).

(2)

Office (see subsection 18-56(a)).

(3)

Personal or professional service (see subsection 18-56(b)).

(4)

Indoor sales or service (see subsection 18-56(d)).

(5)

Indoor maintenance service (see subsection 18-56(n)).

(6)

Passive outdoor recreation (see subsection 18-57(b)).

(7)

Active outdoor recreation (see subsection 18-57(c)).

(8)

Public services and utilities (see subsection 18-58(c)).

(9)

Cultivation (see subsection 18-63(a)).

(10)

Selective cutting (see subsection 18-63(d)).

(11)

Minor outdoor food and beverage seating (see subsection 18-56(g)(1)).

(c)

Principal land uses permitted as conditional use.

(1)

Outdoor display (see subsection 18-56(e)).

(2)

Indoor entertainment (see subsection 18-56(f)).

(3)

In-vehicle sales or service (see subsection 18-56(h)).

(4)

Bed and breakfast establishment (see subsection 18-56(i)).

(5)

Commercial indoor lodging (see subsection 18-56(j)).

(6)

Group day care center (9+ children) (see subsection 18-56(l)).

(7)

Commercial animal boarding (see subsection 18-56(m)).

(8)

Outdoor maintenance service (see subsection 18-56(o)).

(9)

Vacation rental home (see subsection 18-56(s)).

(10)

Vehicle sales (see subsection 18-56(p)).

(11)

Reserved.

(12)

Indoor institutional (see subsection 18-58(a)).

(13)

Transit center or park and ride (see subsection 18-61(a)).

(14)

Off-site parking (see subsection 18-61(e)).

(15)

Communication tower.

(16)

Outdoor boat display and sales (see subsection 18-56(t)).

(17)

Major outdoor food and beverage seating (see subsection 18-56(g)(2)).

(18)

Minor outdoor commercial entertainment (see subsection 18-56(g)(3)).

(19)

Major outdoor commercial entertainment (see subsection 18-56(g)(4)).

(d)

Accessory uses permitted by right.

(1)

Home occupation (see subsection 18-64(a)).

(2)

Residential garage or shed (see subsection 18-64(i)).

(3)

Residential recreational facility (see subsection 18-64(j)).

(4)

On-site parking (see subsection 18-64(l)).

(5)

Company cafeteria (see subsection 18-64(m)).

(6)

Company on-site recreation (see subsection 18-64(n)).

(7)

Stormwater facilities (see subsection 18-64(r)).

(8)

Exterior communications device (see subsection 18-64(s)).

(9)

Tourist rooming house (see subsection 18-64(x)).

(e)

Accessory uses permitted as conditional use.

(1)

Expanded home occupation (see subsection 18-64(b)).

(2)

Accessory dwelling unit (see subsection 18-64(f)).

(3)

Incidental outdoor display (see subsection 18-64(o)).

(4)

Incidental indoor sales (see subsection 18-64(p)).

(5)

Incidental light industrial (see subsection 18-64(q)).

(6)

Small solar energy system (see subsection 18-64(u)).

(7)

Small wind energy system (see subsection 18-64(v)).

(f)

Permitted temporary uses.

(1)

Temporary farm product sales (see subsection 18-65(a)).

(2)

Temporary outdoor sales (see subsection 18-65(b)).

(3)

Temporary outdoor assembly (see subsection 18-65(c)).

(4)

Temporary storage container (see subsection 18-65(d)).

(5)

Temporary construction storage (see subsection 18-65(e)).

(6)

Temporary relocatable building (see subsection 18-65(f)).

(7)

Garage or estate sale (auction) (see subsection 18-65(g)).

(8)

Farmer's market (see subsection 18-65(h)).

(9)

Limited duration special activities and events (see subsection 18-65(i)).

(g)

Nonconforming situations. The village has adopted provisions and protections for nonconforming lot, use, structure and/or sites (see article VI).

(h)

Overlay district requirements. All lots, uses, structures, and site features within one or more overlay zoning district (see article VII) shall be subject to the regulations of all applicable overlay zoning districts in addition to those of the underlying CB District. Where CB and overlay district requirements conflict, the more restrictive requirements shall prevail.

(i)

Design standards. All structures and uses shall comply with applicable design standards of article X, except for any exemptions specifically stated in this chapter or any other agency with jurisdiction.

(j)

Landscaping regulations. Single-family land uses are exempt from landscaping requirements. All other land uses in the CB zoning district shall comply with applicable provisions of article XI.

(k)

Signage regulations. All signs shall comply with applicable provisions of article XII.

(l)

Performance standards. All allowed uses in the CB zoning district shall comply with applicable performance standards of article XIII, except for any exemptions specifically stated in this chapter or any other agency with jurisdiction.

(m)

Density, intensity and bulk regulations. Density, intensity and bulk regulations specific to the CB zoning district are detailed in Figure 18-39.

Figure 18-39: Intensity and Bulk Regulations in the CB District

(Ord. No. 090412-02, § 1, 9-4-2012; Ord. No. 071017-03, § 5, 7-10-2017; Ord. No. 061118-02, § 16, 6-11-2018; Ord. No. 030519-01, § 3, 3-5-2019; Ord. No. 110121-02, § 15, 11-1-2021; Ord. No. 120621-03, § 14, 12-6-2021; Ord. No. 020623-02, § 13, 2-7-2023; Ord. No. 050123-02, §§ 19—23, 5-1-2023; Ord. No. 111323-02, § 2, 11-13-2023; Ord. No. 021224-01, § 13, 2-12-2024)

(a)

Description. This district is intended to provide for and regulate the existing and evolving large-scale resort complex and facilities originally known as "The Abbey." This area, and this RB District, is divided into the following subdistricts: the Abbey Resort Subdistrict, Abbey Villas Subdistrict, Abbey Ridge Subdistrict, and Abbey Harbor Marina Subdistrict. Each subdistrict is described and regulated in the sections that follow. As subdistricts of the Resort Business District, each subdistrict shall be considered a "commercial zoning district" as identified for the Resort Business District as a whole in section 18-21. Each of these subdistricts is designated on the official zoning map. Any new large-scale resort complex would be considered a planned development and would be subject to the provisions of section 18-43.

(b)

Purpose. The RB District is intended to establish the fully conforming status of all land uses, lots, structures, buildings and other development within the RB District as of the adoption date of the ordinance codified herein; to maintain the existing character of the Abbey Villas, Abbey Ridge, and Abbey Harbor Marina subdistricts; and to provide for land use flexibility and modest expansion capacity for the Abbey Resort subdistrict through village staff review, and for more substantial changes through additional village review procedures.

(c)

All conditions of approval from villages actions prior to the effective date of the ordinance from which this chapter derives are no longer applicable as of the effective date of this chapter.

(d)

Communication towers are a principal land use permitted as a conditional use in the Resort Business District and subdistricts.

Resort Business Subdistricts

I. The Abbey Resort Subdistrict.

(a)

Description and purpose. The purpose of the Abbey Resort Subdistrict is to accommodate the Abbey Resort as a fully legal land use and development as existing upon the effective date of this chapter. This subdistrict is further divided into the Central Area and Peripheral Area, which are designated on the official zoning map, within which land uses and development are further regulated.

(b)

All land uses and development (including structures, buildings, paved areas, fixtures, signs, landscaping, stormwater facilities, utilities, and other development) existing as of the effective date of this chapter, including, without limitation, the inventory of existing land uses and development provided in optional appendix A of this chapter shall be permitted by right unless a specific condition or standard applicable to a specific use or structure is explicitly set forth in this section.

(c)

Land uses permitted by right, conditional use, or as a temporary use within the Central Area.

(1)

Principal land uses permitted by right within the Central Area.

a.

See I.(b), above.

b.

Resort hotel (see subsection 18-56(r)).

c.

Vacation rental home.

(2)

Principal land uses permitted as conditional use within the Central Area.

a.

Land uses not included in the definition of a resort hotel per subsection 18-56(r), but not inconsistent or incompatible with a resort hotel.

b.

Clear cutting (see subsection 18-63(e)).

(3)

Accessory uses permitted by right within the Central Area.

a.

See I.(b), above.

b.

On-site parking (see subsection 18-64(l)).

c.

Company cafeteria (see subsection 18-64(m)).

d.

Company on-site recreation (see subsection 18-64(n)).

e.

Incidental outdoor display (see subsection 18-64(o)).

f.

Incidental indoor sales (see subsection 18-64(p)).

g.

Stormwater facilities (see subsection 18-64(r)).

h.

Exterior communications device (see subsection 18-64(s)).

i.

Small solar energy system (see subsection 18-64(u)).

j.

Small wind energy system (see subsection 18-64(v)).

k.

Incidental recreational equipment storage (see subsection 18-64(w)).

l.

Tourist rooming house (see subsection 18-64(x)).

(4)

Accessory uses permitted by conditional use within the Central Area.

a.

Accessory uses not included in the definition of a resort hotel per subsection 18-56(r), but not inconsistent or incompatible with a resort hotel.

(5)

Permitted temporary uses within the Central Area.

a.

Temporary farm product sales (see subsection 18-65(a)).

b.

Temporary outdoor sales (see subsection 18-65(b)).

c.

Temporary outdoor assembly (see subsection 18-65(c)).

d.

Temporary storage container (see subsection 18-65(d)).

e.

Temporary construction storage (see subsection 18-65(e)).

f.

Temporary relocatable building (see subsection 18-65(f)).

g.

Garage or estate sale (auction) (see subsection 18-65(g)).

h.

Farmer's market (see subsection 18-65(h)).

i.

Limited duration special activities and events (see subsection 18-65(i)).

(d)

Land uses permitted by right, conditional use, or as a temporary use within the Peripheral Area.

(1)

Principal land uses permitted by right within the Peripheral Area.

a.

See I.(b), above.

b.

Passive outdoor recreation (see subsection 18-57(b)).

c.

Lake-related recreation (see subsection 18-57(e)).

d.

Selective cutting (see subsection 18-63(d)).

e.

Existing spoil site including the approximately 1.2 acre spoil containment area, surrounding berm, and access drive as depicted on the detailed diagram of the Abbey Subdistricts on the official zoning map. This facility is used for the marina lagoon, Pottawatomie Creek, and other contributing waters prior to the removal of said spoil from the site.

f.

Vacation rental home.

(2)

Principal land uses permitted as conditional use within the Peripheral Area.

a.

West Pavilion Tent (as an existing approved conditional use, but no longer subject to five-year conditional use permit review and approval), but subject to the other provisions of the existing conditional use permit.

b.

Any use permitted within the Central Area may be reviewed as a conditional use for the Peripheral Area.

c.

Land uses not typically associated with a resort hotel.

d.

Clear cutting (see subsection 18-63(e)).

e.

Off-site parking (see subsection 18-61(e)).

f.

On-site parking (see subsection 18-64(l)).

g.

Expansion or relocation of spoil dewatering facility.

(3)

Accessory uses permitted by right within the Peripheral Area.

a.

See I.(b), above.

b.

Tourist rooming house (see subsection 18-64(x)).

(4)

Accessory uses permitted by conditional use within the Peripheral Area.

a.

Stormwater facilities (see subsection 18-64(r)).

b.

Exterior communications device (see subsection 18-64(s)).

c.

Small solar energy system (see subsection 18-64(u)).

d.

Small wind energy system (see subsection 18-64(v)).

(5)

Permitted temporary uses within the Peripheral Area.

a.

Temporary farm product sales (see subsection 18-65(a)).

b.

Temporary outdoor sales (see subsection 18-65(b)).

c.

Temporary outdoor assembly (see subsection 18-65(c)).

d.

Temporary storage container (see subsection 18-65(d)).

e.

Temporary construction storage (see subsection 18-65(e)).

f.

Temporary relocatable building (see subsection 18-65(f)).

g.

Garage or estate sale (auction) (see subsection 18-65(g)).

h.

Farmer's market (see subsection 18-65(h)).

i.

Limited duration special activities and events (see subsection 18-65(i)).

(e)

Nonconforming situations. Any nonconforming lot, use, structure, building, and/or site feature existing as of the effective date of this chapter is hereby made legal and conforming.

(f)

Overlay district requirements. The following overlay zoning districts shall apply in portions of the Abbey Resort Subdistrict: Floodplain, Shoreland-Wetland, and Environmental Corridor. Where Abbey Resort Subdistrict and overlay district requirements conflict, the more restrictive shall apply.

(g)

Design standards. All additional development shall comply with applicable design standards of article X, except for any exemptions specifically stated in this chapter or any other agency with jurisdiction. Maintenance and restoration activities shall not be considered as "additional development." In addition, structures and uses within the Abbey Resort Subdistrict shall adhere to the following additional design requirements:

(1)

Lighting.

a.

Exterior lighting shall comply with the exterior lighting standards in section 18-165.

b.

Light fixtures located along on-site walkways and public sidewalks and streets shall be pedestrian-scaled. Building-mounted light fixtures shall complement the building's architecture and exterior materials.

(2)

Pedestrian and bicycle site access.

a.

Whenever practical, paved walkways shall be installed between new public building entries, adjoining public sidewalks, any on-site parking areas, and adjoining properties.

b.

Protective barriers, such as curbs and/or landscaped area, or markings shall be installed to separate walkways from vehicular circulation and parking areas.

(3)

Parking.

a.

On-site parking, loading, and vehicle circulation areas existing as of the effective date of this chapter, per the parking inventory provided with the Abbey Spa Project in 2008, are hereby deemed to be sufficient to serve the Abbey Resort Hotel as it exists on the effective date of this chapter. Furthermore, such existing facilities are also deemed sufficient to provide 30 parking spaces to accommodate the calculated parking demand associated with additional development. This inventory does not include the parking area owned by the Abbey located on the north side of Fontana Boulevard.

b.

For additional paved areas (located within the Peripheral Area), parking lot screening shall be required along all public streets (per the requirements of subsection 18-175(d)). Any and all existing landscaping located between such new paved area and the public street shall be counted towards meeting such required landscaping. In lieu of landscaping, a wall may be used, subject to the following:

1.

The wall shall be no shorter than three feet and no taller than four feet.

2.

The entire wall and supporting structure/footer shall be located on the property.

3.

The material and design of the wall shall be consistent with the building architecture.

4.

The wall shall be finished on both sides.

5.

A continuous wall face (i.e., unbroken by a driveway or building) shall be broken up with columns, jogs, and/or landscaping at least once every 25 feet.

6.

In lieu of required perimeter trees, taller columns, trellises, or similar features may be used to visually extend the wall.

7.

The wall shall comply with all vision triangle requirements in section 18-212.

(4)

Utilities, building mechanicals and dumpsters.

a.

All new or additional utilities; ground-mounted, wall-mounted, and rooftop mechanicals; and refuse containers (dumpsters) shall be fully screened with materials matching the principal building or appropriate landscaping for ground-mounted utilities.

b.

Whenever possible, utilities shall be located at the rear or side of a building.

(5)

Fencing. Chain link and nondecorative wire fencing is prohibited.

(h)

Landscaping regulations. All additional development in the Abbey Resort Subdistrict zoning district shall comply with applicable provisions of article XI.

(i)

Signage regulations. The following sign regulations shall apply to the Abbey Resort Subdistrict in place of the equivalent regulations in article XII.

(1)

Signs permitted within the Central Area and Peripheral Area without additional approval.

a.

All existing signs, and replacement thereof, and their areas and locations pursuant to the sign inventory dated May 6, 2009 and on file with the village.

(2)

Signs permitted within the Central Area without additional approval.

a.

On-building signs.

b.

Monument signs.

c.

Directional signs.

d.

Temporary business signs are permitted without a permit per the following:

1.

Because of the unique resort nature of the Abbey Resort, there shall not be time limitations for temporary business signs within the Central Area of the Abbey Resort Subdistrict.

2.

Such signs may be used for resort-related events as well as the purposes defined for temporary business signs in section 18-13.

(3)

Signs permitted within the Peripheral Area requiring sign approval by the zoning administrator.

a.

Relocated signs subject to sign permit approval per section 18-193.

b.

On-building signs shall not exceed five percent of the building wall and shall not exceed 200 square feet for all combined sign faces in the Peripheral Area portion of each building.

c.

Monument signs as approved through the sign permit approval process, as applicable to the VC zoning district.

d.

Directional signs for pedestrians and vehicles shall not exceed eight feet in height and 96 square feet in area.

e.

Refer to the conditional use permit process in section 18-246 for all other signs not otherwise permitted by this section.

f.

Temporary business signs are permitted without a permit per the following:

1.

A maximum of 32 square feet per sign.

2.

A maximum of four such signs may be permitted at any one time.

3.

A maximum of two such signs are permitted along Highway 67 and a maximum of two such signs are permitted along Fontana Boulevard.

4.

Display of such signs shall be limited to a time period not to exceed 48 hours preceding and following the advertised event.

5.

Such signs may be used for resort-related events as well as the purposes defined for temporary business signs in section 18-13.

(j)

Performance standards. All allowed uses in the Abbey Resort Subdistrict shall comply with applicable performance standards of article XIII, except for any exemptions specifically stated in this chapter or any other agency with jurisdiction.

(k)

Density, intensity and bulk regulations. Modifications to the existing density, intensity and bulk of development within the Abbey Resort Subdistrict (including structures, buildings, paved areas, fixtures, signs, landscaping, stormwater facilities, utilities, and other development) as of the effective date of this chapter shall adhere to the requirements and procedures described under subsection (l), below.

(l)

Approval procedures. The purpose of this section is to provide regulations which govern the procedures for review, approval, or denial for changes in land use, temporary uses or events, and minor or major development modifications in the Abbey Resort Subdistrict. These procedures supersede any other approval procedure set forth in this chapter.

Figure 18-40: Approval Procedures for the Abbey Resort Subdistrict

II. Abbey Villas Subdistrict.

(a)

Description and purpose. The purpose of the Abbey Villas Subdistrict is to accommodate the Abbey Villas as a fully legal land use and development as existing upon the effective date of this chapter.

(b)

All land uses and development (including structures, buildings, paved areas, fixtures, signs, landscaping, stormwater facilities, utilities, and other development) existing as of the effective date of this chapter, including, without limitation, the inventory of existing land uses and development provided in appendix B of this chapter shall be permitted by right unless a specific condition or standard applicable to a specific use or structure is explicitly set forth in this section.

(c)

Principal land uses permitted by right.

(1)

See II.(b), above.

(2)

Permanent dwelling units.

(3)

Commercial indoor lodging (see subsection 18-56(j)).

(4)

Vacation rental home (see subsection 18-56(s)).

(d)

Principal land uses permitted as conditional use.

(1)

Clear cutting (see subsection 18-63(e)).

(e)

Accessory uses permitted by right.

(1)

See II.(b), above.

(2)

Home occupation (see subsection 18-64(a)).

(3)

Family day care home (4—8 children) (see subsection 18-64(c)).

(4)

In-home suite (see subsection 18-64(e)).

(5)

Residential garage or shed (see subsection 18-64(i)).

(6)

Residential recreational facility (see subsection 18-64(j)).

(7)

On-site parking (see subsection 18-64(l)).

(8)

Stormwater facilities (see subsection 18-64(r)).

(9)

Exterior communications device (see subsection 18-64(s)).

(10)

Tourist rooming house (see subsection 18-64(x)).

(f)

Accessory uses permitted by conditional use.

(1)

Expanded home occupation (see subsection 18-64(b)).

(2)

Intermediate day care home (9—15 children) (see subsection 18-64(d)).

(3)

Accessory dwelling unit (see subsection 18-64(f)).

(4)

Small solar energy system (see subsection 18-64(u)).

(5)

Small wind energy system (see subsection 18-64(v)).

(6)

Incidental recreational equipment storage (see subsection 18-64(w)).

(g)

Permitted temporary uses.

(1)

Temporary outdoor assembly (see subsection 18-65(c)).

(2)

Temporary storage container (see subsection 18-65(d)).

(3)

Temporary construction storage (see subsection 18-65(e)).

(4)

Temporary relocatable building (see subsection 18-65(f)).

(5)

Garage or estate sale (auction) (see subsection 18-65(g)).

(h)

Nonconforming situations. Any nonconforming lot, use, structure, building, and/or site feature shall existing as of the effective date of this chapter is hereby made legal and conforming.

(i)

Overlay district requirements. The following overlay zoning districts shall apply in the Abbey Villas Subdistrict: Floodplain, Shoreland-Wetland, and Environmental Corridor. Where Abbey Villas Subdistrict and overlay district requirements conflict, the more restrictive shall apply.

(j)

Design standards. All additional development shall comply with applicable design standards of article X, except for any exemptions specifically stated in this chapter or any other agency with jurisdiction. Maintenance and restoration activities shall not be considered as "additional development."

(k)

Landscaping regulations. All additional development in the Abbey Villas Subdistrict shall comply with applicable provisions of article XI.

(l)

Signage regulations. All additional signs in the Abbey Villas Subdistrict shall comply with applicable provisions of article XII as applicable to the MR-12 zoning district.

(m)

Performance standards. All allowed uses in the Abbey Villas Subdistrict zoning district shall comply with applicable performance standards of article XIII, except for any exemptions specifically stated in this chapter or any other agency with jurisdiction.

(n)

Density, intensity and bulk regulations. Density, intensity and bulk regulations within the Abbey Villas Subdistrict may not exceed existing conditions except by granting of a conditional use permit per section 18-246.

III. Abbey Ridge Subdistrict.

(a)

Description and purpose. The purpose of the Abbey Ridge Subdistrict is to accommodate the Abbey Ridge as a fully legal land use and development as existing upon the effective date of this chapter.

(b)

All land uses and development (including structures, buildings, paved areas, fixtures, signs, landscaping, stormwater facilities, utilities, and other development) existing as of the effective date of this chapter, including, without limitation, the inventory of existing land uses and development provided in appendix C of this chapter shall be permitted by right unless a specific condition or standard applicable to a specific use or structure is explicitly set forth in this section.

(c)

Principal land uses permitted by right.

(1)

See III.(b), above.

(2)

Permanent dwelling units.

(3)

Commercial indoor lodging (see subsection 18-56(j)).

(4)

Vacation rental home (see subsection 18-56(s)).

(d)

Principal land uses permitted as conditional use.

(1)

Clear cutting (see subsection 18-63(e)).

(e)

Accessory uses permitted by right.

(1)

See III.(b), above.

(2)

Home occupation (see subsection 18-64(a)).

(3)

Family day care home (4—8 children) (see subsection 18-64(c)).

(4)

In-home suite (see subsection 18-64(e)).

(5)

Residential garage or shed (see subsection 18-64(i)).

(6)

Residential recreational facility (see subsection 18-64(j)).

(7)

On-site parking (see subsection 18-64(l)).

(8)

Stormwater facilities (see subsection 18-64(r)).

(9)

Exterior communications device (see subsection 18-64(s)).

(10)

Tourist rooming house (see subsection 18-64(x)).

(f)

Accessory uses permitted by conditional use.

(1)

Expanded home occupation (see subsection 18-64(b)).

(2)

Intermediate day care home (9—15 children) (see subsection 18-64(d)).

(3)

Accessory dwelling unit (see subsection 18-64(f)).

(4)

Small solar energy system (see subsection 18-64(u)).

(5)

Small wind energy system (see subsection 18-64(v)).

(6)

Incidental recreational equipment storage (see subsection 18-64(w)).

(g)

Permitted temporary uses.

(1)

Temporary outdoor assembly (see subsection 18-65(c)).

(2)

Temporary storage container (see subsection 18-65(d)).

(3)

Temporary construction storage (see subsection 18-65(e)).

(4)

Temporary relocatable building (see subsection 18-65(f)).

(5)

Garage or estate sale (auction) (see subsection 18-65(g)).

(h)

Nonconforming situations. Any nonconforming lot, use, structure, building, and/or site feature existing as of the effective date of this chapter is hereby made legal and conforming.

(i)

Overlay district requirements. The following overlay zoning districts shall apply in the Abbey Ridge Subdistrict: Floodplain, Shoreland-Wetland, and Environmental Corridor. Where Abbey Ridge Subdistrict and overlay district requirements conflict, the more restrictive shall apply.

(j)

Design standards. All additional development shall comply with applicable design standards of article X, except for any exemptions specifically stated in this chapter or any other agency with jurisdiction. Maintenance and restoration activities shall not be considered as "additional development."

(k)

Landscaping regulations. All additional development in the Abbey Ridge Subdistrict shall comply with applicable provisions of article XI.

(l)

Signage regulations. All additional signs in the Abbey Ridge Subdistrict shall comply with applicable provisions of article XII as applicable to the MR-12 zoning district.

(m)

Performance standards. All allowed uses in the Abbey Ridge Subdistrict shall comply with applicable performance standards of article XIII, except for any exemptions specifically stated in this chapter or any other agency with jurisdiction.

(n)

Density, intensity and bulk regulations. Density, intensity and bulk regulations within the Abbey Ridge Subdistrict may not exceed existing conditions except by granting of a conditional use permit per section 18-246.

IV. Abbey Harbor Marina Subdistrict.

(a)

Description and purpose. The purpose of the Abbey Harbor Marina Subdistrict is to accommodate the Abbey Harbor Marina as a fully legal land use and development as existing upon the effective date of this chapter.

(b)

All land uses and development (including structures, buildings, paved areas, fixtures, signs, landscaping, stormwater facilities, utilities, and other development) existing as of the effective date of this chapter, including, without limitation, the inventory of existing land uses and development provided in appendix D of this chapter shall be permitted by right except as modified by this section.

(c)

Principal land uses permitted by right.

(1)

See IV.(b), above.

(2)

Marina, including boat mooring, berthing and related facilities for boat launching and servicing areas; passenger, tow vehicle, and boat trailer parking; harbor house; ice skating; snowmobiling; fishing; scuba diving; excursion boats; piers and docks; and from time to time dredging to maintain the marina, intended to be operated as an adjunct to the uses listed above, provided that winter overhaul and on-land boat storage facilities shall not be permitted except by conditional use permit.

(d)

Principal land uses permitted as conditional use.

(1)

Outdoor boat storage and winter overhaul.

(2)

Maintenance, service, ice house facilities, satellite dish antennas and other uses accessory to the principal uses listed above.

(3)

Indoor entertainment limited to a pool area and an outdoor service bar with two bathrooms and concession area serving the unit owners of the Abbey Harbor Condominium and their guests; provided however, said outdoor service bar shall be limited to no more than 400 square feet, a capacity of not more than 25 persons, a building height of 18 feet, and 30-foot shoreyard setback.

(e)

Accessory uses permitted by right.

(1)

See IV.(b), above.

(2)

Tourist rooming house (see subsection 18-64(x)).

(f)

Accessory uses permitted by conditional use. None.

(g)

Permitted temporary uses.

(1)

Temporary outdoor assembly (see subsection 18-65(c)).

(2)

Temporary construction storage (see subsection 18-65(e)).

(3)

Limited duration special activities and events (see subsection 18-65(i)).

(h)

Nonconforming situations. Any nonconforming lot, use, structure, building, and/or site feature existing as of the effective date of this chapter is hereby made legal and conforming.

(i)

Overlay district requirements. The following overlay zoning districts shall apply in the Abbey Harbor Marina Subdistrict: Floodplain, Shoreland-Wetland, and Environmental Corridor. Where Abbey Harbor Marina Subdistrict and overlay district requirements conflict, the more restrictive shall apply.

(j)

Design standards. All additional development shall comply with applicable design standards of article X, except for any exemptions specifically stated in this chapter or any other agency with jurisdiction. Maintenance and restoration activities shall not be considered as "additional development."

(k)

Landscaping regulations. All additional development in the Abbey Harbor Marina Subdistrict shall comply with applicable provisions of article XI.

(l)

Signage regulations. All additional signs in the Abbey Harbor Marina Subdistrict shall comply with applicable provisions of article XII.

(m)

Performance standards. All allowed uses in the Abbey Harbor Marina Subdistrict shall comply with applicable performance standards of article XIII, except for any exemptions specifically stated in this chapter or any other agency with jurisdiction.

(n)

Density, intensity and bulk regulations. Density, intensity and bulk regulations within the Abbey Harbor Marina Subdistrict may not exceed existing conditions except by granting of a conditional use permit per section 18-246.

(Ord. No. 090412-02, § 1, 9-4-2012; Ord. No. 07-07-14-01, § 1, 7-7-2014; Ord. No. 07-07-14-02, § 1, 7-7-2014; Ord. No. 030518-01, § 1, 3-5-2018; Ord. No. 030518-02, § 1, 3-5-2018; Ord. No. 061118-02, §§ 17—21, 6-11-2018; Ord. No. 040419-01, § I, 4-4-2019; Ord. No. 110419-01, § 1, 11-4-2019; Ord. No. 020623-02, § 14, 2-7-2023)

(a)

Description and purpose. This district is intended to permit high-quality office and related land uses at an intensity that is compatible with the overall community character of the village. Significant areas of landscaping are required in this district to ensure that this effect is achieved.

(b)

Principal land uses permitted by right.

(1)

Existing residential (see subsection 18-55(l)).

(2)

Office (see subsection 18-56(a)).

(3)

Personal or professional service (see subsection 18-56(b)).

(4)

Passive outdoor recreation (see subsection 18-57(b)).

(5)

Active outdoor recreation (see subsection 18-57(c)).

(6)

Public services and utilities (see subsection 18-58(c)).

(7)

Cultivation (see subsection 18-63(a)).

(8)

Selective cutting (see subsection 18-63(d)).

(9)

Minor outdoor food and beverage seating (see subsection 18-56(g)(1)).

(c)

Principal land uses permitted as conditional use.

(1)

Indoor entertainment (see subsection 18-56(f)).

(2)

Reserved.

(3)

Commercial indoor lodging (see subsection 18-56(j)).

(4)

Group day care center (9+ children) (see subsection 18-56(l)).

(5)

Indoor institutional (see subsection 18-58(a)).

(6)

Transit center or park and ride (see subsection 18-61(a)).

(7)

Off-site parking (see subsection 18-61(e)).

(8)

Communication tower.

(9)

Major outdoor food and beverage seating (see subsection 18-56(g)(2)).

(10)

Minor outdoor commercial entertainment (see subsection 18-56(g)(3)).

(d)

Accessory uses permitted by right.

(1)

Residential garage or shed (see subsection 18-64(i)).

(2)

Residential recreational facility (see subsection 18-64(j)).

(3)

Off-site parking (see subsection 18-64(l)).

(4)

Company cafeteria (see subsection 18-64(m)).

(5)

Company on-site recreation (see subsection 18-64(n)).

(6)

Stormwater facilities (see subsection 18-64(r)).

(7)

Exterior communications device (see subsection 18-64(s)).

(8)

Tourist rooming house (see subsection 18-64(x)).

(e)

Accessory uses permitted as conditional use.

(1)

Incidental outdoor display (see subsection 18-64(o)).

(2)

Incidental indoor sales (see subsection 18-64(p)).

(3)

Incidental light industrial (see subsection 18-64(q)).

(4)

Small solar energy system (see subsection 18-64(u)).

(5)

Small wind energy system (see subsection 18-64(v)).

(f)

Permitted temporary uses.

(1)

Temporary outdoor assembly (see subsection 18-65(c)).

(2)

Temporary storage container (see subsection 18-65(d)).

(3)

Temporary construction storage (see subsection 18-65(e)).

(4)

Temporary relocatable building (see subsection 18-65(f)).

(5)

Garage or estate sale (auction) (see subsection 18-65(g)).

(6)

Limited duration special activities and events (see subsection 18-65(i)).

(g)

Nonconforming situations. The village has adopted provisions and protections for nonconforming lot, use, structure and/or sites (see article VI).

(h)

Overlay district requirements. All lots, uses, structures, and site features within one or more overlay zoning district (see article VII) shall be subject to the regulations of all applicable overlay zoning districts in addition to those of the underlying OP District. Where OP and overlay district requirements conflict, the more restrictive requirements shall prevail.

(i)

Design standards. All structures and uses shall comply with applicable design standards of article X, except for any exemptions specifically stated in this chapter or any other agency with jurisdiction. In order to ensure a minimum of disruption to residential development, development within this district shall take access to a collector or arterial street.

(j)

Landscaping regulations. All land uses in the OP zoning district shall comply with applicable provisions of article XI.

(k)

Signage regulations. All signs shall comply with applicable provisions of article XII.

(l)

Performance standards. All allowed uses in the OP zoning district shall comply with applicable performance standards of article XIII, except for any exemptions specifically stated in this chapter or any other agency with jurisdiction.

(m)

Density, intensity and bulk regulations. Density, intensity and bulk regulations specific to the OP zoning district are detailed in Figure 18-41.

Figure 18-41: Density, Intensity and Bulk Regulations in the OP District

(Ord. No. 090412-02, § 1, 9-4-2012; Ord. No. 071017-03, § 6, 7-10-2017; Ord. No. 061118-02, § 22, 6-11-2018; Ord. No. 110121-02, § 16, 11-1-2021; Ord. No. 120621-03, § 14, 12-6-2021; Ord. No. 020623-02, § 15, 2-7-2023; Ord. No. 050123-02, §§ 24—27, 5-1-2023; Ord. No. 111323-02, § 2, 11-13-2023; Ord. No. 021224-01, § 14, 2-12-2024)

(a)

Description and purpose. This district is intended to provide for research and development activities, testing laboratories, business and professional offices, support uses found in an office park setting, and limited industrial uses. To maintain an attractive setting for the uses within the district, extensive landscaped areas are required.

(b)

Principal land uses permitted by right.

(1)

Existing residential (see subsection 18-55(l)).

(2)

Office (see subsection 18-56(a)).

(3)

Personal or professional service (see subsection 18-56(b)).

(4)

Indoor maintenance service (see subsection 18-56(n)).

(5)

Passive outdoor recreation (see subsection 18-57(b)).

(6)

Active outdoor recreation (see subsection 18-57(c)).

(7)

Indoor institutional (see subsection 18-58(a)).

(8)

Public services and utilities (see subsection 18-58(e)).

(9)

Light industrial (see subsection 18-59(a)).

(10)

Indoor storage and wholesaling (see subsection 18-60(a)).

(11)

Cultivation (see subsection 18-63(a)).

(12)

Selective cutting (see subsection 18-63(d)).

(13)

Minor outdoor food and beverage seating (see subsection 18-56(g)(1)).

(c)

Principal land uses permitted as conditional use.

(1)

Artisan studio (see subsection 18-56(c)).

(2)

Indoor sales or service (see subsection 18-56(d)).

(3)

Outdoor display (see subsection 18-56(e)).

(4)

Indoor entertainment (see subsection 18-56(f)).

(5)

Reserved.

(6)

Commercial indoor lodging (see subsection 18-56(j)).

(7)

Group day care center (9+ children) (see subsection 18-56(l)).

(8)

Outdoor maintenance service (see subsection 18-56(n)).

(9)

Heavy industrial (see subsection 18-59(b)).

(10)

Production greenhouse (see subsection 18-59(c)).

(11)

Indoor food production (see subsection 18-59(d)).

(12)

Outdoor storage and wholesaling (see subsection 18-60(b)).

(13)

Personal storage facility (see subsection 18-60(c)).

(14)

Transit center or park and ride (see subsection 18-61(a)).

(15)

Distribution center (see subsection 18-61(b)).

(16)

Freight terminal (see subsection 18-61(c)).

(17)

Off-site parking (see subsection 18-61(e)).

(18)

Communication tower.

(19)

Major outdoor food and beverage seating (see subsection 18-56(g)(2)).

(20)

Minor outdoor commercial entertainment (see subsection 18-56(g)(3)).

(d)

Accessory uses permitted by right.

(1)

Residential garage or shed (see subsection 18-64(i)).

(2)

Residential recreational facility (see subsection 18-64(j)).

(3)

On-site parking (see subsection 18-64(l)).

(4)

Company cafeteria (see subsection 18-64(m)).

(5)

Company on-site recreation (see subsection 18-64(n)).

(6)

Stormwater facilities (see subsection 18-64(r)).

(7)

Exterior communications device (see subsection 18-64(s)).

(8)

Tourist rooming house (see subsection 18-64(x)).

(e)

Accessory uses permitted as conditional use.

(1)

Incidental outdoor display (see subsection 18-64(o)).

(2)

Incidental indoor sales (see subsection 18-64(p)).

(3)

Incidental light industrial (see subsection 18-64(q)).

(4)

Small solar energy system (see subsection 18-64(u)).

(5)

Small wind energy system (see subsection 18-64(v)).

(f)

Permitted temporary uses.

(1)

Temporary outdoor assembly (see subsection 18-65(c)).

(2)

Temporary storage container (see subsection 18-65(d)).

(3)

Temporary construction storage (see subsection 18-65(e)).

(4)

Temporary relocatable building (see subsection 18-65(f)).

(5)

Garage or estate sale (auction) (see subsection 18-65(g)).

(6)

Limited duration special activities and events (see subsection 18-65(i)).

(g)

Nonconforming situations. The village has adopted provisions and protections for nonconforming lot, use, structure and/or sites (see article VI).

(h)

Overlay district requirements. All lots, uses, structures, and site features within one or more overlay zoning district (see article VII) shall be subject to the regulations of all applicable overlay zoning districts in addition to those of the underlying RP District. Where RP and overlay district requirements conflict, the more restrictive requirements shall prevail.

(i)

Design standards. All structures and uses shall comply with applicable design standards of article X, except for any exemptions specifically stated in this chapter or any other agency with jurisdiction. The RP District is intended to be located primarily on and near collector streets and arterial highways to provide for good accessibility to these uses.

(j)

Landscaping regulations. All land uses in the RP zoning district shall comply with applicable provisions of article XI.

(k)

Signage regulations. All signs shall comply with applicable provisions of article XII.

(l)

Performance standards. All allowed uses in the RP zoning district shall comply with applicable performance standards of article XIII, except for any exemptions specifically stated in this chapter or any other agency with jurisdiction.

(m)

Density, intensity and bulk regulations. Density, intensity and bulk regulations specific to the RP zoning district are detailed in Figure 18-42, below.

Figure 18-42: Density, Intensity and Bulk Regulations in the RP District

(Ord. No. 090412-02, § 1, 9-4-2012; Ord. No. 071017-03, § 7, 7-10-2017; Ord. No. 061118-02, § 23, 6-11-2018; Ord. No. 110121-02, § 17, 11-1-2021; Ord. No. 120621-03, § 14, 12-6-2021; Ord. No. 020623-02, § 16, 2-7-2023; Ord. No. 050123-02, §§ 28—31, 5-1-2023; Ord. No. 111323-02, § 2, 11-13-2023; Ord. No. 021224-01, § 15, 2-12-2024)

This district is intended to promote improved design and innovative land uses in the village in accordance with the village comprehensive plan. This district allows variations from the typical zoning district requirements in developments that are conceived and implemented as cohesive, unified projects. In exchange, these unified projects must be developed in accordance with detailed site plans approved only following a careful review process. Areas that may be deemed appropriate for the planned development district include land use transitional areas, areas where a mix of land uses already exists, infill or redevelopment areas, and established or planned commercial areas. See section 18-247 for detailed procedures to create a planned development district.

(Ord. No. 090412-02, § 1, 9-4-2012)

This section enables a process for neighborhoods to work with the village to establish a neighborhood-specific zoning district in order to maintain or create a desired neighborhood character, to protect of property values, and/or to preserve and protect natural resources or other unique neighborhood attributes. Procedures to establish a neighborhood-specific zoning district are detailed in section 18-254.

(Ord. No. 090412-02, § 1, 9-4-2012)