It is the intent of this Chapter to permit certain uses, not otherwise illegal, to locate in specified zoning districts, either as a permitted use or a special use.

   (A)   Permitted Uses.

   No structure shall be erected, constructed, reconstructed or structurally altered, nor shall any structure or land or combination thereof be used unless the use to which the structure and/or land is to be put is listed in the permitted use section of the applicable zoning district and the use fully complies with all of the applicable district regulations, except for nonconformity’s, accessory uses, and special uses.

   (B)   Special Uses.

   No special use, as designated within this Chapter, shall hereafter be established unless such use has been approved pursuant to the provisions of Article XIII of this Chapter. Any existing use which was a permitted use prior to the adoption of this Chapter and which is designated as a special use by this Chapter may continue as if it were approved as a special use.

   (C)   Uses Not Specifically Listed.

   In the event a particular use is not listed anywhere in this Chapter and such use is not an accessory use, then it shall be considered to be not allowed within the Village. Questions concerning such uses may be referred to the Zoning Hearing Officer, unless by written order of the Village Board it is determined that said use is similar to and is compatible with the uses listed and is expressly included as a use permitted in a zoning district. However, no such order may made by the Village Board without first having a public hearing, in the manner prescribed in this Chapter, before the Zoning Hearing Officer. Any such proposed variation which to receive the approval of the Zoning Hearing Officer shall not be ordered except by a favorable vote of two-thirds (2/3) of all the Trustees.

   In order to carry out the purpose and intent and provisions of the Chapter, size and dimension criteria for particular zoning districts are hereby established. Such size and dimension criteria shall be applied in accordance with section and other applicable provisions of this Chapter.

   (A)   Lot Size Requirements.

      (1)   Reduction Of Lot Size Or Yards.

   No lot or yard existing on the effective date of this Chapter shall thereafter be reduced in size, dimension, or area below the minimum requirements set out herein, except by reason of a portion being acquired for public use in any manner, including dedication, condemnation, or purchase. Lots or yards created after the effective date of this Chapter shall meet the minimum requirements established herein.

      (2)   Applicability to All Uses.

   Unless otherwise specified in this Chapter, all permitted uses and all special uses shall be subject to the lot size requirements specified for a given district, unless other minimum requirements are specified for such uses elsewhere in this Chapter.

      (3)   Structure Built On Two Lots. A building constructed on a site consisting of two (2) lots must be located either within the required setback from the common or center lot line, or the building must be constructed on both lots.

      (4)   Lots Of Record Less Than Minimum Size.

   Any lot of record at the time of the adoption of this Chapter which contains less lot area or width than required in the district in which it is located may be used for a use in such district; provided, that the lot has a minimum width forty (40) feet. This provision shall not be construed to permit more than one dwelling unit on a lot with less lot area per family than required for the district in which such lot is located. (Ord. No. 2017-11; 12-12-17)

      (5)   Use of Lots in Single-Family Districts.

   In single-family districts, every building hereafter erected or structurally altered shall be located on a “lot” as herein defined, and in no case shall there be more than the principal building and the customary accessory buildings on one lot or parcel of land.

      (6)   When two (2) or more parcels of land, each of which lacks adequate area and/or minimum dimensions to qualify for a permitted use under the requirements of the use district in which they are located, are contiguous, and are held in one ownership, they shall be used a one zoning lot for such use. (Ord. No. 2017-11; 12-12-17)

   (B)   Minimum Yard Requirements.

      (1)   Generally.

   Minimum yard requirements shall be as specified for a given zoning district. The yard requirements shall apply to all buildings and structures, as they relate to the respective lot lines, except as otherwise specifically provided in this Chapter or as exempted in subsection (B)(2) of this Section.

      (2)   Exemptions.

   The following structures shall be exempt from the minimum yard requirements, set forth in this Chapter: underground utility equipment, clotheslines, flagpoles, regulation mailboxes, traffic signals, fire hydrants, light poles or and similar structure of device (Also see Article XI of this Chapter).

   (C)   Maximum Building Height.

   Maximum building height of thirty-five (35) feet shall apply to all structures located in the zoning district except those structures and appurtenances excluded in Article XI of this Chapter or special uses which have a maximum height specified in this Chapter.

   (D)   Access Required.

   Every building shall be constructed or erected upon a lot or parcel of land which abuts and has access to a public street, unless a permanent access easement to a public street was of record prior to the effective date hereof. If access is not provided to a public street or similar easement, the property must be subdivided to ensure access. (Ord. No. 2017-11; 12-12-17)