(A)   In their interpretation and application the provisions of this title shall be held to be the minimum requirements for the promotion of the public health, safety, morals and welfare.

   (B)   Where the conditions imposed by any provision of this title upon the: 1) use of land or buildings; 2) bulk of buildings; 3) floor area requirements; 4) lot area requirements; and 5) yard requirements are either more restrictive or less restrictive than comparable conditions imposed by any other provision of this title, or of any other law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall govern.

   (C)   This title is not intended to abrogate any easement, covenant or other private agreement; provided, that where the regulations of this title are more restrictive or impose higher standards or requirements than such easements, covenants or other private agreements, the requirements of this title shall govern.

   (D)   No building, structure or use, not lawfully existing at the time of the adoption of this title, shall become or be made lawful solely by reason of the adoption of this title, and to the extent that, and in any manner that, said unlawful building, structure or use is in conflict with the requirements of this title, said building, structure or use remains unlawful hereunder. (Ord. 61-56, 12-1961)

It is hereby declared to be the intention of the president and board of trustees of the village that the several provisions of this title are separable, in accordance with the following:

   (A)   If any court of competent jurisdiction shall adjudge any provisions of this title to be invalid, such judgment shall not affect any other provision of this title not specifically included in said judgment.

   (B)   If any court of competent jurisdiction shall adjudge invalid the application of any provision of this title to a particular property, building, or other structure, such judgment shall not affect the application of said provision to any other property, building or structure not specifically included in said judgment. (Ord. 61-56, 12-1961)

In single-family residence districts, every single-family dwelling hereafter erected or structurally altered shall be located on a lot, and there shall not be more than one principal building on one lot. (Ord. 61-56, 12-1961)

The following uses of land or buildings are allowed in the districts indicated in this title under the conditions specified in this title:

   (A)   Uses lawfully established on the effective date of this title.

   (B)   Permitted uses as designated in this title.

   (C)   Special uses. (Ord. 61-56, 12-1961)

When a use is not specifically listed in the sections devoted to permitted uses, it shall be assumed that such uses are hereby expressly prohibited unless, by application and authorization as provided under Chapter 18 of this Title it is determined that said use is similar to and not more objectionable than uses listed, in which event such use may then be permitted as a special use. (Ord. 93-13, 8-10-1993)

No building or tract of land shall be devoted to any use other than one which is specified as a permitted or special use in this Title in the zoning district in which such building or land is located. However, where a building permit for a building or structure has been issued in accordance with law prior to the effective date of this Title, and where construction has been begun within six (6) months of such effective date and is being diligently prosecuted to completion, said building or structure may be completed in accordance with approved plans on the basis of which the building permit was issued; and further, may, upon completion, be occupied under a certificate of occupancy by the use originally designated, subject to the provisions of Chapter 14 of this Title. (Ord. 61-56, 12-1961)

No building or premises shall hereafter be used or occupied, and no building or structure, or part thereof, shall be erected, raised, moved, reconstructed, extended, enlarged or altered, except in conformity with the regulations herein specified for the district in which it is located, except that in residence districts a lot in an ownership which was of record at the time of adoption hereof, even though not meeting the requirements of this Title as to area and width, may be used for single-family residence purposes; provided, that the Zoning Board of Appeals, in accordance with procedure set forth in this Title, decides that a hardship to the owner is involved. (Ord. 61-56, 12-1961)

All new buildings shall conform to the bulk regulations established herein for the district in which each building is located. Further, no existing building shall be enlarged, reconstructed, structurally altered, converted or relocated in such a manner as to conflict, or to further conflict with the bulk regulations of this Title for the district in which such building shall be located. (Ord. 61-56, 12-1961)

   (A)   Accessory uses shall be compatible with the principal use and shall not be established prior to the establishment of the principal use, and shall not include the keeping, propagation or culture of pigeons, poultry or livestock, whether or not for profit. (Ord. 61-56, 12-1961)

   (B)   No accessory building unless it is structurally a part of the principal building and unless it conforms with requirements of accessory buildings for special uses, shall be erected or altered at, nor moved to a location within ten feet (10') of the nearest wall of the principal building, nor within the required area for front or side yard of a lot, as set forth for the district, and in residence districts an accessory building in a rear yard shall not be less than four feet (4') from any property line. An accessory building on a corner residential lot of less than forty four foot (44') frontage, located on 45th or 46th Street, shall be allowed to be erected within the side yard opposite the public sidewalk of that lot, provided that such new construction shall not be less than three feet (3') from that respective side lot line. (Ord. 99-14, 6-22-1999)

   (C)   No accessory building shall encroach upon that side yard of a corner lot which is adjacent to the street, nor upon that side yard of a reversed corner lot which is adjacent to the street, nor upon the rear yard of a through lot.

   (D)   No accessory building shall have more than one story and exceed seventeen feet (17') in height unless otherwise permitted as accessory to business and manufacturing uses or to authorized special uses. (Ord. 61-56, 12-1961)

   (E)   All new garage construction fronting on 45th and 46th Streets within the Village shall require a minimum setback of eighteen feet (18') from the public sidewalk. However, new garage construction on a corner residential lot of less than forty four foot (44') frontage, located on 45th or 46th Street, shall be limited to a north-south depth of no greater than twenty two feet (22'). If such a new structure is no greater than three feet (3') from the side lot line opposite the public sidewalk and twenty two feet (22') in north-south depth, the resultant setback distance from the public sidewalk shall be accepted as conforming to the provisions of this subsection. (Ord. 99-14, 6-22-1999)

   (A)   To provide for the location of certain uses as specified in chapter 18 of this title which are deemed desirable for the public welfare within a given district or districts, but which might have an adverse effect upon nearby properties, or upon the character and future development of the district in which they are located, a classification of special uses is hereby established. Procedures for special uses are set forth in chapter 18 of this title.

   (B)   Where a use exists on the effective date of this title and it is classified as a special use by said title, it shall be considered to be a lawful special use. Additions or alterations to existing buildings or land improvements for expansion of lawful special uses may be made within the area of the lot included in the ownership existing at the time of adoption of this title, and they shall be subject to yard, floor area ratio and building height requirements set forth in this title for permitted uses in the districts in which they are located. (Ord. 61-56, 12-1961)

For the purpose of this title the following shall not be considered as obstructions when located in the yards indicated:

   (A)   In Any Yards: Chimneys, overhanging roof eaves, open terraces, marquees and awnings adjoining the principal building if they do not exceed ten percent (10%) of the depth of the yard, ornamental light standards and flagpoles, and trees and shrubs. On corner lots, such obstructions shall be no higher than twenty four inches (24") above curb level if located in that portion of a required front or side yard situated within twenty feet (20') of the lot corner formed by the intersection of any two (2) street lines.

   (B)   In Side Yards: Private garages, if attached or structurally a part of the principal building; private garages, detached; open accessory off street parking spaces, accessory sheds, tool rooms or other similar accessory buildings; recreational and laundry drying equipment; arbors and trellises; fences not to exceed six feet (6') in height. However, a side yard which adjoins a street shall be considered as a front yard for the full depth of the lot. Accessory buildings or structures may occupy not more than thirty percent (30%) of a rear yard. (Ord. 61-56, 12-1961)

   (A)   The minimum yard space required for one structure shall not again be considered as yard space for another adjoining structure.

   (B)   No lot shall be reduced in area so that the yards or other open space become less than required by this title.

   (C)   On streets where a front yard setback has been maintained for buildings existing on lots or tracts having a frontage of fifty percent (50%) or more of the total frontage on one side of that portion of any street lying between two (2) intersecting streets, there shall be maintained a front yard setback of not less than the average setback of the aforementioned existing buildings, or thirty feet (30'), whichever is smaller.

   (D)   On a vacant through or corner lot either of the lot lines abutting a street right of way line may be established as its front lot line, except that where two (2) or more through lots are contiguous and a front lot line has been duly established, the same street lot line shall thereafter be deemed to be the front lot line of all such contiguous lots. On a through lot, a front yard shall be provided along any lot line abutting a street. (Ord. 61-56, 12-1961)

Unless otherwise provided by title 3 of this code, all business establishments within the village which are located within any area zoned for single-family residential purposes by the zoning title, or within one hundred feet (100') of a boundary of any such area shall be required to cease doing business and close their doors to the public at two o'clock (2:00) A.M. and remain so closed for business until six o'clock (6:00) A.M., with the exception that said business establishments may remain open until four o'clock (4:00) A.M. on Sunday morning. (Ord. 93-13, 8-10-1993)

   (A)   Definitions:

    DOUBLE FENCE: For purposes of this section, the term "double fence" shall mean a second fence that is installed adjacent and approximately parallel to an existing perimeter fence.

   FENCE: An enclosure about a parcel of land, field or other space or about any object; any barrier such as a structure of wood, brick, stone, steel or the like that is intended to prevent straying from within or intrusion therein.

   SIDE DRIVE: A land corridor between the principal residential structure and the side lot line which is generally paved with a hard surface to provide for the ingress/egress of motor vehicles.

   (B)   Double Fences: No more than one perimeter fence shall be erected per adjoining residential properties.

   (C)   Fence Obstructions: No person shall erect, alter or relocate any fence nor plant shrubbery which limits the side drive corridor of an adjacent property to less than nine and one-half feet (9.5') in width, measured perpendicular to the side lot line. A backyard, side lot line fence, where there is a side drive on the adjacent property, shall not extend any further in a front yard direction than the rear original building line of the principal residential structure.

   (D)   Front Yard Fences: Front yard fences shall be permitted provided that such fence is not closer to the front lot line than the required front yard setback. (Ord. 02-01, 1-22-2002)