The various use districts which are created by this chapter and the various articles and sections of this chapter are adopted for the purpose, among others, of:

1. Promoting the public health, safety, morals, comfort and general welfare;
2. Helping to achieve greater efficiency and economy of land development by promoting the grouping of those activities which have similar needs and are compatible;
3. Encouraging such distribution of population, classification of land use and distribution of land development that will tend to facilitate adequate and economic provisions of transportation, communication, water supply, drainage, sanitation, education, recreation and other public requirements;
4. Lessening or avoiding congestion in the public streets and highways;
5. Protecting against fire, explosion, noxious fumes and other hazards in the interest of the public health, safety, comfort and general welfare;
6. Helping to ensure that all residential, commercial and manufacturing structures as well as other types of structures will be accessible to fire fighting and other emergency equipment;
7. Prohibiting the formation or expansion of nonconforming uses of land, buildings and structures which are adversely affecting the character and value of desirable development in each district;
8. Promoting the development of residential neighborhoods which are free of noise, dust, fumes and heavy traffic volumes in which each dwelling unit is assured of light, air and open spaces;
9. Helping to prevent land development activities which lead to roadside blight and to minimize the effects of nuisance producing activities;
10. Promoting and guiding the continued growth and expansion of the village while protecting the natural, economic and scenic resources of the village;
11. Conserving the taxable value of land and buildings throughout the village; and
12. Defining and limiting the powers and duties of the zoning officer and bodies as provided herein.

(Code 2024, § 9.1.2)

This chapter classifies and regulates the use of land, buildings and structures within the corporate limits of the village, as hereinafter set forth. The regulations contained here are necessary to promote the health, safety, convenience and welfare of the inhabitants by dividing the village into zoning districts and regulating therein the use of the land and the use and size of buildings as to height and number of stories, the coverage of the land by buildings, the size of yards and open spaces, the location of buildings and the density of population.

(Code 2024, § 9.1.3)

This chapter is adopted in pursuance of the authority granted by 65 ILCS 5/11-13-1 et seq.

(Code 2024, § 9.1.4)

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

Accessory building or use.

1. Accessory structure means a subordinate structure detached but located on the same lot as the principal structure, the use of which is incidental and accessory to that of the principal structure.
2. Accessory use means a structure or use that:
   1. Is clearly incidental to and customarily found in connection with a principal building or use;
   2. Is subordinate to and serves a principal building or a principal use;
   3. Is subordinate in area, extent, or purpose to the principal building or principal use serviced;
   4. Contributed to the comfort, convenience, or necessity of occupants, business or industry in the principal building or principal use served; and
   5. Is located on the same lot as the principal building or use served.

Adult bookstore means an establishment for the sale, rental, or exchange of books, magazines, or video cassettes distinguished or characterized by primary emphasis on matter depicting, describing or relating to specific sexual activities or specific anatomical areas, as those terms are defined in this section, including instruments, devices, or paraphernalia that are designed for use in connection with specified sexual activities. Adult bookstores do not include businesses which sell, rent, or exchange books, magazines, or video cassettes as a sideline or adjunct to sales or rental of books, magazines, or video cassettes not relating to specific sexual activities or specific anatomical areas.

Adult mini-motion picture theaters means an enclosed building with a capacity for less than 50 persons, used for presenting materials distinguished or characterized by an emphasis on matter depicting, describing or relating to specific anatomical areas or specific sexual activities for observation by patrons therein.

Adult modeling entertainment facility means an establishment having its primary activity the presentation of live models displaying lingerie, or otherwise presenting live, artistic modeling, with the modeling displaying the human body in a nude or semi-nude state, distinguished or characterized by an emphasis on specific anatomical areas or specific sexual activities for observation by patrons therein.

Adult motion picture theaters means an enclosed building with capacity of 50 or more persons, used for presenting materials distinguished or characterized by an emphasis on matter depicting, describing or relating to specific anatomical areas or specific sexual activities for observation by patrons therein.

Alley means a trafficway, dedicated to public use, which affords a secondary means of vehicular access to the back or side of properties otherwise abutting a street.

Amusement center means any premises which contains four or more coin- or token-operated devices played for a fee, such as pinball machines, foosball tables, pool tables, and other similar entertainment or amusement devices.

Auto laundry/car wash means a building or portion thereof, containing facilities for washing more than two automobiles; using production line methods with a chain conveyor, blower, steam cleaning device or other mechanical devices; or providing space, water, equipment or soap for the complete or partial hand washing of such automobiles, whether by an operator or by a customer.

Automobile repair, major, means general repair; rebuilding of or reconditioning of engines of any type, motor vehicles, trucks, buses or trailers; collision service, including body work, frame or fender straightening or repair; overall painting of motor vehicles, trucks, trailers or painting booth.

Automobile repair, minor, means minor repairs, incidental body and fender work, touchup painting and upholstering, replacement of minor parts and general tune-up service to passenger automobiles and trucks not exceeding 1 1/2 tons' capacity.

Automobile service station means buildings and premises where gasoline, oil, grease, batteries, tires, and automobile accessories may be supplied and dispensed at retail, and where, in addition, the following services may be rendered and sales made, and no other:

1. Sale and servicing of spark plugs, batteries, distributors and distributor parts;
2. Tire servicing and repair, but no recapping or regrooving;
3. Replacement of mufflers and tail pipes, water hose, fan belts, brake fluid, light bulbs, fuses, floor mats, seat covers, windshield wipers and wiper blades, grease retainers, wheel bearings, mirrors, and the like;
4. Radiator cleaning and flushing;
5. Washing and polishing where no mechanical conveyer, blower, or steam cleaning device is employed, provided that not more than one single bay of the service station shall be equipped with washing equipment; and provided that the lot on which the washing equipment is to be located shall be sufficient to provide on-site waiting storage for a total number of vehicles equal to the number capable of being processed during one-half hour; and provided that a drip area shall be provided where vehicles can be dried, located such that water will be confined to the site and will not run onto any street or alley so as to cause a hazard;
6. Greasing and lubrication;
7. Providing and repairing fuel pumps and lines;
8. Minor servicing and repair of carburetors;
9. Emergency wiring repairs;
10. Adjusting and repairing brakes;
11. Minor motor adjustments not involving removal of the head or crank case or racing the motor;
12. Sale of cold drinks, packaged foods, tobacco products and similar convenience goods for filling station customers, as accessory to and incidental to principal operation;
13. Provision of road maps and other information material to customers and provision of restroom facilities.

It is unlawful to provide major mechanical and body work, straightening of body parts, painting, welding, storage of automobiles, trucks or trailers not in operating condition, or other work involving noise, glare, fumes, smoke or other such characteristics. An automobile service station is not a repair garage, a body shop, a car wash, an automobile wrecking yard or junk yard, nor a storage place for rental trailers.

Automobile wrecking yard means any place where two or more vehicles not in running condition, or parts thereof, are stored in the open, and are not being restored to operation, or any land, building or structure used for wrecking or storing of such motor vehicles or parts thereof, and including any used farm vehicles or farm machinery, or parts thereof, stored in the open and not being restored to operating condition; and including the commercial salvaging of any other goods, articles or merchandise.

Basement means a story having part but not more than 50 percent of its height below the average grade of the adjoining ground, as distinguished from a cellar. A basement shall be counted as a story for purpose of height measurement.

Bed and breakfast means an owner-occupied residence providing accommodations for a charge to the public with no more than five guest rooms for rent, in operation for more than ten nights in a 12-month period. Breakfast may be provided to the guests only. Bed and breakfast establishments shall not include motels, hotels, boardinghouses, or food service establishments. The term "operator" means the owner of the bed and breakfast establishment, or the owner's agent, who is required to reside in the bed and breakfast establishment or on contiguous property.

Billboard means a type of sign having more than 100 square feet of display surface which is either erected on the ground or attached to or supported by a building or structure.

Boardinghouse means an establishment with lodging for compensation offering accommodations for short-term transients for extended periods of time. Meals may or may not be provided. (Also referred to as roominghouse, lodginghouse, lodging room.) The term "boardinghouse" does not include a bed and breakfast.

Building means any structure designed or built for the support, enclosure, shelter or protection of people, animals, chattels or property of any kind. Any structure with interior areas not normally accessible for human use shall not be considered as a building.

Building, height of, means the vertical distance above a reference datum measured to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hip roof. The reference datum shall be selected by either of the following, whichever yields a greater height of building:

1. The elevation of the highest adjoining sidewalk or ground surface within a five-foot horizontal distance of the exterior wall of the building when such sidewalk or ground surface is not more than ten feet above the lowest grade.
2. An elevation ten feet higher than the lowest grade when the sidewalk or ground surface described in subsection (a) of this definition is more than ten feet above the lowest grade.

The height of a stepped or terraced building is the maximum of any segment of the building.

Care home, large residential, means a residential care home for more than eight persons, plus supervisory or oversight personnel, living together as a single housekeeping unit who are disabled, as defined by the term "disability" in this section, for the primary purpose of providing shelter.

Care home, small residential, means a residential care home containing a single one-family dwelling unit for eight persons or fewer, plus supervisory or oversight personnel, living together as a single housekeeping unit for the primary purpose of providing shelter in a family-like atmosphere.

Cellar means a story having 50 percent or more of its height below the average grade of the adjoining ground. A cellar shall be counted as a story, for the purpose of height measurement, only if used for dwelling purposes other than by a janitor or caretaker employed on the premises.

Child care center means any place, home or institution which receives three or more children under the age of 16 years, and not of common parentage, for the care apart from their natural parents, legal guardian, or custodians, when received for regular periods of time for compensation.

Church means a building, together with its accessory buildings and uses, where persons regularly assemble for religious worship, and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship.

Clinic means an establishment where patients who are not lodged overnight are admitted for examination or treatment by a physician or practitioners practicing together.

Comprehensive plan means the plan or any portion thereof adopted by the village to guide and coordinate the physical and economic development of the village. The comprehensive plan includes, but is not limited to, plans and programs regarding the location, character, and extent of highways, bridges, public buildings or uses, utilities, schools, residential, commercial or industrial land uses, parks, drainage facilities, etc.

Convenience store means any retail establishment offering for sale prepackaged food products, household items, commercial products associated with minor auto servicing (but not automobile parts), and other goods commonly associated with the same, including the retail dispensing of vehicular fuels.

Day care center means a child care facility which regularly provides day care for less than 24 hours per day for:

1. More than eight children in a family dwelling unit; or
2. More than three children in a facility other than a family dwelling unit.

Day care home means a family dwelling unit occupied by attending family which receives more than three and up to a maximum of eight children for less than 24 hours a day. The maximum of eight children includes the family's natural or adopted children and all other persons under the age of 12 years. A day care home may also be a family home which receives adults who are more than 60 years of age or older.

Disability, as defined by the Americans with Disabilities Act (ADA), means a person who:

1. Has a physical or mental impairment that substantially limits one or more major life activities;
2. Has a record of such impairment; or
3. Is regarded as having such an impairment.

Drive-in restaurant or refreshment stand means any place or premises principally used for the sale, dispensing or serving of food, refreshment or beverages in automobiles, including those establishments where customers may serve themselves and may eat or drink the food, refreshments or beverages on or off the premises.

Dwelling means any building or portion thereof which is designed for or used for residential purposes.

Dwelling unit means a dwelling which consists of one or more rooms which are arranged, designed or used as living quarters for one family only.

Dwelling, multiple-family, means a residential building designed for occupancy by three or more families.

Dwelling, single-family, means a detached residential dwelling unit, other than a mobile home, designed for occupancy by one family only.

Dwelling, two-family, means a detached residential building containing two dwelling units, designed for occupancy by not more than two families.

Essential services includes the erection, alteration or maintenance, by public utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communications, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare, but not including buildings.

Family means one or more persons each related by blood, marriage or adoption (including foster children), together with such relatives of the respective spouses who are living with the family in a single dwelling and maintaining a common household. A family may also be composed of not to exceed three persons not so related, provided that such unrelated persons live in a single dwelling and maintain a common household and single housekeeping unit. A family includes any domestic servants and not more than one gratuitous guest residing with the family; such servants or guest shall be included in the unrelated persons attained by this definition, and shall not be in addition thereto.

Fast food restaurant means an establishment whose principal business is the sale of rapidly prepared food directly to the customer in a ready-to-consume state for consumption either within the restaurant building or off the premises. The establishment may include a drive-up or drive-through service facility or offer curb service.

Fence means a structure, other than a building, which is an artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land. Decorative corner treatments which do not exceed six feet in length and three feet in height are not considered fences.

Foster family home means a family home which provides full-time family care to foster children unrelated to them. Foster family homes are limited to a maximum of eight children, including the foster family's children, unless all the children unrelated to the foster family are of common parentage, or the applicable department of the state has waived the limit of eight unrelated children to facilitate an adoptive placement.

Foster group homes means a child care facility which regularly provides care for no more than ten children placed by and under the supervision of a child welfare agency licensed by the applicable department of the state. Adult supervision shall be provided on a 24-hour basis.

Garage, private, means an accessory building designed or used for the storage of not more than four motor-driven vehicles owned and used by the occupants of the building to which it is accessory. Not more than one of the vehicles may be a commercial vehicle exceeding two tons' capacity.

Garage, public, means a building or portion thereof, other than a private or storage garage, designed or used for equipping, servicing, repairing, hiring, selling or storing motor-driven vehicles.

Halfway house/group home means a temporary residential living arrangement for up to five persons, excluding staff, who are receiving therapy, counseling or care from support staff who are present at all times residents are present, for the following purposes:

1. To help them reenter society while housed under supervision while under constraints of alternatives to imprisonment, including, but not limited to, prerelease, work release, and probationary programs;
2. To help persons with family or school adjustment problems that require specialized attention and care in order to achieve higher personal independence;
3. To provide temporary shelter for persons who are victims or domestic abuse or neglect; or
4. To provide adult congregate living arrangements without nursing care.

Hazardous waste means any substance or material that, by reason of its toxic, caustic, corrosive, abrasive or otherwise injurious properties, may be detrimental or deleterious to the health of any person handling or otherwise coming into contact with such material or substance. The U.S. Environmental Protection Agency (EPA) has developed a list of hazardous wastes based upon corrosivity, reactivity, and toxicity. Hazardous substances include, but are not limited to, inorganic mineral acids of sulfur, fluorine, chlorine, nitrogen, chromium, phosphorous, selenium and arsenic and their common salts, lead, nickel and mercury and their inorganic salts, or metallo-organic derivatives; coal, tar acids, such as phenol and cresols and their salts, and all radioactive materials.

Home occupation means an occupation or profession customarily carried on by an occupant of a dwelling unit as a secondary use, and which is clearly incidental to the use of the dwelling unit for residential purposes. There are major and minor home occupations which are clearly addressed under the general provisions of this chapter.

Hotel means a building in which lodging and food service are provided and offered to the public for compensation and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge at all hours. As such, it is open to the public in contradistinction to a boardinghouse or multiple-family dwelling as herein separately defined.

Institutions means a nonprofit corporation or a nonprofit establishment for public use.

Junk yard means a lot, land, or structure or part thereof, used primarily for the collection, storage and sale of waste paper, rags, scrap metal, or discarded materials or for the collection, storage, dismantling and salvaging of machinery or vehicles not in running condition and for the sale of parts thereof.

Kennel means any lot or premises on which are kept four or more dogs, more than six months of age, for compensation or sale.

Laundromat means an establishment providing home style washing, drying or ironing machines for hire to be used by customers on the premises.

Loading and unloading space, off-street, means an open hard-surfaced area of land other than a street or public way, the principal use of which is for the standing, loading and unloading of motor trucks, tractors, and trailers to avoid undue interference with the public use of streets and alleys.

Lot, when used alone, means a zoning lot, unless the context of this chapter clearly indicates otherwise. The term "lot" includes the word "plot" or "parcel."

1. Lot, corner, means a lot which has at least two adjacent sides abutting for their full length on a street provided the interior angle at the intersection of such two sides is less than 135 degrees.
2. Lot, interior, means any lot other than a corner lot with only one frontage street.
3. Lot, zoning, means a single tract of land located within a single block, which (at the time of filing for a building permit) is designated by its owner or developer as tract to be used, developed or built upon as a unit, under single ownership or control. Therefore, a zoning lot may or may not coincide with a lot of record.

Lot area means the total horizontal area included within lot lines.

Lot depth means the depth of a lot which shall be considered to be the distance between the midpoints of straight lines connecting foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear.

Lot frontage means that dimension of a lot or portion of a lot abutting on a street, excluding the side dimension of a corner lot.

Lot of record means a lot which is part of a subdivision, the map of which has been recorded in the office of the county recorder of deeds; or a parcel of land, the deed of which was recorded in the office of the recorder of deeds prior to the adoption of the ordinance from which this chapter is derived.

Lot width means the width of a lot which shall be considered to be the distance between straight lines connecting front and rear lot lines at each side of the lot. Where side lot lines are not continuously parallel or at right angles to the abutting street, the average of the rear and front widths shall be used.

Mobile home means a portable or mobile living unit used or designed for human occupancy on a permanent basis. A travel trailer is not to be considered a mobile home.

Mobile home park means a parcel of land under single ownership which has been designated or improved or is intended to be used or rented for occupancy by one or more mobile homes.

Motor court or motel means a building or group of buildings used primarily for the temporary residence of motorists or travelers.

Nonconforming use means a lawful use of land that does not comply with the use regulations for its zoning district but which complied with applicable regulations at the time the use was established.

Parking area, accessory, means an area of one or more parking spaces located at the same property as the building, structure or premises it is intended to serve, or on adjoining or nearby property and of such shape and nature as to be appropriate and usable for the parking or storage, loading and unloading of self-propelled vehicles.

Parking space, automobile, means space within a public or private parking area of not less than 180 square feet, nine feet by 20 feet, exclusive of access drives or aisles, ramps, columns, or office work areas, for the storage of one passenger automobile or commercial vehicle under 1 1/2-ton capacity.

Planned unit development means a planned unit development is a parcel of land or contiguous parcels of land of a size sufficient to create its own environment, controlled by a single landowner or by a group of landowners in common agreement as to which is compatible with adjacent parcels, and the intent of the zoning district in which it is located. The developer or developers of a planned unit development may be granted relief from specific land use regulations and design standards and may be awarded certain premiums in return for assurances of an overall quality of development, including any specific features which will be of exceptional benefit to the community as a whole.

Property owner means an individual, group of individuals, association, corporation, joint stock association, joint venture, or any other entity whose name the legal title to the real estate is recorded.

Recreational vehicle means a vehicle which is:

1. Built on a single chassis;
2. 400 square feet or less in size;
3. Designed to be self-propelled or permanently towable by a light-duty truck; and
4. Designed primarily for use as a temporary living quarters for recreational, camping, travel, or seasonal use and not as a permanent dwelling.

The term "recreational vehicle" shall also include travel trailers, motor homes, and buses, trucks and other vehicles converted for the uses listed in this definition.

Septic tank means a sewerage system with a seepage field designed to function on an individual or multiple lot basis.

Sewerage system, central, means a type approved by the state environmental protection agency as property designated to serve one or more subdivisions. A septic tank is not a central sewerage system.

Short-term rental means the renting of property for a period of less than one month.

Sign means a name, identification, description, display or illustration which is affixed to or represented directly or indirectly upon a building, structure or piece of land and which directs attention to an object, product, place, activity, person, institution, organization or business. However, the term "sign" shall not include any display of official court or public office notices, nor shall it include the flag, emblem or insignia of a nation, political unit, school or religious group.

Sign, off-site, means a sign other than an on-site sign.

Sign, on-site, means a sign relating in its subject matter to the premises on which it is located or to products, accommodations, services or activities on the premises. On-site signs do not include billboards.

Specific anatomical areas means:

1. Less than completely and opaquely covered human genitals, pubic region, buttock, and female breast below a point immediately above the top of the areola; and
2. Human male genitals in a discernible turgid state, even if completely and opaquely covered.

Specific sexual activities means:

1. Human genitals in a state of sexual stimulation or arousal;
2. Acts of human masturbation, sexual intercourse or sodomy; and
3. Fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts.

Stable, riding, means a building including other structures and grounds used for the boarding or housing of horses used for riding sessions or pleasure riding on the premises.

Story means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, or the ceiling or roof next above such roof, provided that, for the purpose of determining the required dimensions of yards and courts, when the average story height of a building exceeds 12 feet, each 12 feet or fraction thereof of the story building height shall be considered a separate full story or fractional story respectively, except the first story which may be 15 feet high.

Story, half, means a partial story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than four feet above the floor of such story; provided, however, that any partial story used for residential purposes shall be deemed a full story.

Street means a general term used to describe a public right-of-way which provides a channel for vehicular and pedestrian movement, and may provide for vehicular and pedestrian access to properties adjacent to it, and which may also provide space for the location of utilities (both above and below ground).

Structure means anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground. Among other things, structures include buildings, mobile homes, walls, fences, billboards and poster panels.

Telecommunications tower means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers or monopole towers, used for the purpose of transmitting, receiving, or retransmitting messages or information, be it by laser, microwave, radio, satellite or similar means. The term "telecommunications tower" includes, but is not limited to, microwave towers, common carrier towers, cellular telephone towers, earth satellite stations, alternative tower structures, and the like.

Travel trailer. See Recreational vehicle.

Yard means required open space at grade, unoccupied and unobstructed by any structure or portion of a structure, other than projections of uncovered steps, uncovered balconies or uncovered porches; provided, however, that fences, walls, poles, posts and other customary yard accessories, ornaments and furniture may be permitted in any yard subject to height and visibility requirements. In measuring a yard for the purpose of determining the width of side yard, depth of a front yard or rear yard, the minimum horizontal distance between the lot line and the main building shall be used.

Yard, front, means an open space extending the full width of a lot between a building and the front lot line, unoccupied and unobstructed from the ground upward, except as hereinafter specified.

Yard, rear, means an open space extending the full width of a lot between a building and the rear lot line, unoccupied and unobstructed from the ground upward, except as hereinafter specified.

Yard, side, means an open space extending from the front yard to the rear yard between a building and the side lot line, unoccupied and unobstructed from the ground upward, except as hereinafter specified.

(Code 2024, § 9.1.5)

Any application for an amendment, variance, use on review or zoning certificate, filed by or on behalf of the owner of the property affected, shall be accompanied by a fee as specified in the zoning fee schedule established by the village board of trustees, plus charge for ordinance if one is necessary.

(Code 2024, § 9.17.1)

In case of any conflict between this chapter or part thereof, and the whole or part of any existing or future private covenants or deeds, the most restrictive shall apply, although the village is not responsible for enforcing private covenants or deeds.

(Code 2024, § 9.17.4)

1. The administration of this chapter is vested in the following three offices of the government of the village: zoning officer, board of appeals and village board.
2. This article shall first set out the authority of each of these three offices, and then describe the procedure and substantive standards with respect to the following administrative functions: review by the county soil and water conservation district, issuance of zoning certificates and occupancy permits, variances, appeals, uses on review and other powers of the board of appeals and amendments.

(Code 2024, § 9.2.1)

1. Appointment of zoning officer. The zoning officer shall be appointed by the village president with the advice and consent of the village board.
2. Powers and duties of the zoning officer. The zoning officer shall enforce this chapter, and, in addition thereto and in furtherance of the authority, shall:
   1. Issue all zoning certificates and make and maintain records thereof;
   2. Issue all occupancy permits and make and maintain records thereof;
   3. Conduct inspections of buildings, structures and use of land to determine compliance with the terms of this chapter;
   4. Maintain permanent and current records of this chapter, including, but not limited to, all maps, amendments, uses on review, variances, appeals and applications therefor;
   5. Provide and maintain a public information service relative to all matters arising out of this chapter;
   6. Transmit to the board of appeals applications for appeals, variances, uses on review, or other matters on which the board of appeals is required to pass under this chapter;
   7. Issue occupancy permits regulating the erection of buildings or structures and use of land for periods not to exceed ten days for specific purposes, such as temporary carnivals, churches, charities and revival meetings which are not detrimental to the public health, safety, morals, comfort, convenience or general welfare; provided, however, that the use of operation and any incidental temporary structures or tents are in conformance with all other ordinances and codes of the village; and
   8. Initiate, direct, and review from time to time a study of the provisions of this chapter and make reports of his recommendations to the village board.
3. Review by the soil and water conservation district. Any person who petitions the village for a variation, amendment or other relief from this chapter shall furnish a copy of such petition or proposal to the county soil and water conservation district for review and comment. The district shall not be given more than 30 days from the time of receipt of the petition or proposal to issue its written opinion concerning the petition or proposal and to submit the same to the zoning officer for further action.

(Code 2024, § 9.2.2)

1. Creation. The board of appeals, as established under the applicable provisions of the Illinois Revised Statutes, is the board of appeals referred to in this chapter.
2. Membership. The board of appeals shall consist of seven members appointed by the village president with the consent of the village board. The members of the board of appeals shall serve respectively for the following terms, or until their respective successors are appointed and qualified: one for one year, one for two years, one for three years, one for four years, one for five years, one for six years and one for seven years, with the successor to each member so appointed to serve for a term of five years. One of the members shall be designated by the village president, with the consent of the village board as chairman, and shall hold office until his successor is appointed.
3. Jurisdiction. The board of appeals is vested with the following jurisdiction and authority:
   1. To hear and make recommendations on all applications for planned developments, amendments and uses on review in the manner described in this chapter;
   2. To petition the village board, on its own initiative, requesting an amendment, supplement, change or repeal of the zoning ordinance, provided that it has first held a public hearing thereon;
   3. To hear and decide appeals from any order, requirements, decision or determination made by the zoning officer under this chapter;
   4. To hear and make recommendations on the applications for variance from the terms provided in this chapter in the manner prescribed and subject to the standards established herein;
   5. To hear and decide all matters referred to it or upon which it is required to pass under this chapter, as prescribed by the applicable provisions of the Illinois Revised Statutes.
4. Meetings and rules. All meetings of the board of appeals shall be held at the call of the chairman and at such time as the board of appeals may determine. All hearings conducted by the board shall be open to the public. Any person may appear and testify at the hearing either in person or by duly authorized agent or attorney. The chairman, or in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses. The board of appeals shall keep minutes of its proceedings, showing the vote of each member upon question, or if absent or failing to vote indicating such fact, and shall also keep records of its hearings and other official actions. A copy of every rule or regulation, order, requirement, decision or determination of the board of appeals shall be filed immediately in the office of the zoning officer and shall be public record. The board shall adopt its own rules and procedures, not in conflict with this chapter or with the applicable Illinois Revised Statutes, and select or appoint such officers as it deems necessary. The village clerk shall act as clerk for the board and shall make and keep a record of all its meetings and official acts of the board of appeals.
5. Finality of decision of the board of appeals. All decisions and findings of the board of appeals on appeals, applications for a variance or application for a use on review, after a hearing, shall in all instances be final administrative decisions and shall be subject to judicial review as by law may be provided.

(Code 2024, § 9.2.3)

The president and village board shall discharge the following duties under this chapter:

1. Appoint the zoning officer whose responsibility will be to enforce the provisions of this chapter;
2. Appoint members to the board of appeals as provided for in this chapter;
3. Receive and decide upon all recommendations concerning variances, amendments, uses on review, planned developments, supplements, changes or repeal of the village zoning regulations submitted to them; and
4. Decide all matters upon which it is required to pass under this chapter.

(Code 2024, § 9.2.4)

1. Zoning certificates. Except as hereinafter provided, no permit pertaining to the use of land or buildings shall be issued by any officer, department or employee of the village unless the application for such permit has been examined by the zoning officer, indicating that the proposed building or structure complies with all the provisions of this chapter. Any permit or certificate issued in conflict with the provisions of this chapter shall be null and void.
2. Occupancy permits. No building or addition thereto, constructed after the effective date of the ordinance from which this chapter is derived, and no addition to a previously existing building shall be occupied, and no land, vacant on the effective date of the ordinance from which this chapter is derived, shall be used for any purpose until an occupancy permit has been issued by the zoning officer. No change in a use other than that of a permitted use to another similar permitted use shall be made until an occupancy permit has been issued by the zoning officer. Every occupancy permit shall state that the use or occupancy complies with the provisions of this chapter.
   1. Application for occupancy permit. Every application for a building permit shall be deemed to be an application for an occupancy permit for a new use of land. Where no building permit is required, application shall be made directly to the zoning officer.
   2. Issuance of occupancy permit. No occupancy permit for a building, or portion thereof, constructed after the effective date of the ordinance from which this chapter is derived shall be issued until construction has been completed and the premises inspected and certified by the zoning officer to be in conformity with the plans and specifications upon which the zoning certificate was based. Pending the issuance of a regular certificate, a temporary certificate may be issued to be valid for a period not to exceed six months from its date during the completion of any addition or during partial occupancy of the premises. Reasons in writing for refusal to issue an occupancy permit must be forwarded to the applicant no later than 14 days after the request for an occupancy permit.

(Code 2024, § 9.2.5)

1. Purpose and findings of fact. The village board, after public hearings before the board of appeals and village board, may determine and vary the regulations of this chapter in harmony with their general purpose and intent, only in specific instances hereinafter set forth, where the board of appeals makes written findings of fact in accordance with the standards hereinafter prescribed, and, further, finds that there are practical difficulties or particular hardships in the way of carrying out the strict letter of the regulations of this chapter.
2. Application for variance and notice of hearing.
   1. An application for a variance shall be filed in writing with the zoning officer. Said application shall contain such information as the village board may, by rule, require.
   2. Notice of the time and place of such public hearings shall be published at least once, not less than 15 days nor more than 30 days before the hearing, in a newspaper of general circulation within the village. The published notice may be supplemented by such additional form of notice as the village board by rule may require.
3. Standards for variance. The village board shall not vary the regulations of this chapter as authorized in this section, unless there is evidence presented to it in each specific case that:
   1. Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulation were to be carried out;
   2. The conditions upon which a petition for a variation is based are unique to the property for which the variance is sought, and are not applicable, generally, to other property within the same zoning classification;
   3. The purpose of the variance is not based exclusively upon a desire to make more money out of the property;
   4. The alleged difficulty or hardship is caused by this chapter and has not been created by any persons presently having an interest in the property;
   5. The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located;
   6. The proposed variance will not impair an adequate supply of light and air to adjacent property, substantially increase the congestion of the public streets, increase the danger of fire, endanger the public safety or substantially diminish or impair property values within the neighborhood.
4. Authorized variances. Variances authorized from the regulations of this chapter shall be granted by the village board only in accordance with the standards established in this section and may be granted only in the following instances and in no others:
   1. To permit any yard or setback of less dimension than required by the applicable regulations;
   2. To permit any building or structure to exceed the height limitations imposed by the applicable regulations;
   3. To permit the use of a lot for a use otherwise prohibited solely because of the insufficient area or width of the lot, but in no event shall the respective area and width of the lot be less than 50 percent of the required area and width;
   4. To permit the same off-street parking facility to qualify as required facilities for two or more uses, provided that substantial use of such facility by each user does not take place at approximately the same hours of the same days of the week;
   5. To reduce the applicable off-street parking or loading facilities required by not more than one parking space or loading space, or 20 percent of the applicable regulations, whichever number is greater;
   6. To increase by not more than 25 percent the maximum distance that required parking spaces are permitted to be located from the use served; and
   7. To increase by not more than ten percent the maximum gross floor area of any use so limited by the applicable regulations.
5. Recommendation of the board of appeals. Within 45 days after the close of the hearing on a proposed variance, the board of appeals shall submit its recommendation to the village board.
6. Granting a variance. The concurring vote of four members of the village board shall be necessary to grant a variance. No order of the village board granting a variance shall be valid for a period longer than 12 months from the date of such order unless the building permit is obtained within such period and the erection or altercation of a building is started or the use is commenced within such period.
7. Effect of denial of variance. Application for a variance that has been denied wholly or in part by the village board shall not be resubmitted for a period of one year from the date of the order of denial, except on the grounds of new evidence found to be valid by the village board.

(Code 2024, § 9.2.6)

1. Scope of appeals. An appeal may be taken to the board of appeals by a person, firm or corporation, or by any office, department, board or bureau aggrieved by a decision of the zoning officer. Such appeal shall be taken within such time as shall be prescribed by the board of appeals by general rule by filing with the zoning officer a notice of appeal specifying the grounds thereof. The zoning officer shall forthwith transmit to the board of appeals all of the papers constituting a record upon which the section appealed from was taken.
2. Findings on appeal.
   1. An appeal shall stay all proceedings in furtherance of the actions appealed from unless the zoning officer certifies to the board of appeals, after the notice of the appeal has been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property.
   2. The board of appeals shall select a reasonable time and place for the hearing of the appeal, give due notice thereof to the parties and shall render a written decision on the appeal without unreasonable delay. The board of appeals may affirm or, upon the concurring vote of four members, may reverse, in whole or in part, or modify the order, requirement, decision or determination that, in its opinion, ought to be done. To that end the board of appeals shall have all the powers of officer from whom the appeal is taken. The village clerk shall maintain records of all actions of the board of appeals relative to appeals.

(Code 2024, § 9.2.7)

1. Uses on review.
   1. Purpose. The development and administration of this chapter is based upon the division of the village into zoning districts, within such districts the use of land and buildings and the bulk and location of buildings and structures in relation to the land are substantially uniform. It is recognized, however, that there are certain uses which, because of their unique characteristics, cannot be properly classified in any particular district, without consideration in each case of the impact of those uses upon neighboring land and of the public need for the particular use at the particular locations. Such uses on review fall into two categories:
      1. Uses publicly operated or traditionally affected with a public interest.
      2. Uses entirely private in character but of such an unusual nature that their operation may give rise to unique problems with respect to their impact on neighboring property or public facilities.
   2. Initiation of use of review. Any person having a freehold interest in land, a possessory interest entitled to exclusive possession, or a contractual interest which may become a freehold interest of an exclusive possessory interest, either of which is specifically enforceable, may file an application to use such land for one or more of the uses on review provided for in this chapter in the zoning district in which the land is located.
   3. Application for use on review. An application for a use on review shall be filed with the zoning officer on a form as he shall prescribe. The application shall be accompanied by such plans or data prescribed by the village board and shall include a statement in writing by the applicant and adequate evidence that the proposed use will, on review, conform to the standards set forth in this chapter. Such application shall be forwarded from the zoning officer to the board of appeals with a request for a public hearing and report relative thereto.
   4. Hearing on application. Upon receipt in proper form of the application and statement referred to in subsection (a)(1) of this section, the board of appeals and village board shall each hold at least one public hearing on the proposed use on review. Notice of time and place of such hearings shall be published not less than neither 15 nor more than 30 days preceding the hearing and at least once in a newspaper of general circulation in the village. Supplemental or additional notices may be published or distributed as the village board may, by rule, prescribe from time to time. At a minimum, all owners of property adjoining the property for which the proposed use on review is requested shall receive written notice of the hearing.
   5. Authorization. For each application for a use on review, the zoning officer shall prepare a file with the village board and board of appeals findings and recommendations, including the recommended stipulations of additional conditions and guarantees that are deemed necessary for the protection of the public interest.
   6. Standards. No use on review shall be granted by the village board, unless such board shall find:
      1. That the establishment, maintenance or operation of the use on review will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare;
      2. That the use on review will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminishes and impair property values within the neighborhood;
      3. That the establishment of the use on review will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district;
      4. That the adequate utilities, access roads, drainage or necessary facilities have been or are being provided;
      5. That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets; and
      6. That the use on review shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified by the board of appeals.
   7. Recommendation by board of appeals. Within 45 days after the close of their hearing on a proposed use on review, the board of appeals shall submit its recommendation to the village board.
   8. Granting a use on review. The concurring vote of four members of the village board shall be necessary to grant a use on review. No order of the village board granting a use on review shall be valid for a period longer than 12 months from the date of such order unless it can be documented that the authorized use on review has been established within such period.
   9. Conditions and guarantees. Prior to the granting of any use on review, the village board shall stipulate such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the use on review as it deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified in this subsection (a). In all cases in which uses on review are granted, the village board shall require such evidence and guarantees as it may deem necessary as proof that the condition stipulated in connection therewith are being complied with.
   10. Continuation, denial and revocation of uses on review.
       1. Continuation of a use on review. Upon approval by the village board, a use on review may continue to exist as long as the conditions and guarantees stipulated by the village board are met. All uses on review shall be subject to an annual review by the village board to ensure that the conditions and guarantees are being met.
       2. Denial of a use on review. No application for a use on review that has been denied wholly or in part by the village board shall be resubmitted for a period of one year from the date of the order of denial, except on the grounds of new evidence or proof of change of conditions found to be valid by the village board.
       3. Revocation of a use on review. In any case where a use on review has not been established within one year after the date of granting thereof, then, without further action by the village board, the use on review or authorization shall be null and void.
2. Planned developments.
   1. Minimum requirements. The following requirements specified in this section shall be considered minimum for planned developments.
   2. Dwelling groups.
      1. In the case of a project consisting of a group of two or more buildings to be constructed on a plot of ground not subdivided into the customary streets and lots and which will not be so subdivided, or where the existing or contemplated street and lot layout make it impracticable to apply the requirements of this chapter to the individual building units in such project, the applying of such requirements to such project shall be done by the board of zoning appeals in a manner that will ensure substantially the same character of occupancy, maximum intensity of use and minimum standards of open spaces as permitted by this chapter in the district in which the proposed project is to be located.
      2. In no case shall the board authorize a use of a building height prohibited in the district in which the project is to be located, or a smaller lot area per family than the minimum required under this chapter in such district. Nor shall the board authorize a building coverage exceeding that which would be obtained were the same area to be developed by the customary subdivision thereof into streets and lots in conformance with the adopted subdivision regulations and by the type of buildings customary in the district and in compliance with the requirements of this chapter. The board shall not authorize the erection of a project on a parcel of ground occupied by another principal structure.
   3. Residence development projects.
      1. A residence development project consisting of any number of buildings, the contemplated arrangement of which makes it impossible to apply the requirements of this chapter to the individual buildings, may be authorized by the board of zoning appeals in districts in which such projects are permitted under this chapter. In so doing, the board shall first refer the plans for the project to the planning commission for study, public hearing and report upon finding that the plans of such project meet the following conditions:
         1. That the tract of land on which the project is to be erected meets the minimum size requirements as specified in this subsection (b).
         2. That the buildings are to be used only for residential purposes and the customary accessory uses, such as private garages, storage spaces, recreational and community activities.
         3. That the average lot area per family or dwelling unit on the site, exclusive of the area occupied by drives or streets, will not be less than 90 percent of the lot area per family required in the district in which the project is to be located.
         4. That there is to be provided within the tract, or immediately thereto, parking spaces in private garages or off-street areas as specified in HVC articles 46.16 and 46.20.
         5. That there are to be provided, as a part of the project, adequate recreation areas to serve the needs of the anticipated population to be housed therein.
         6. That drives, accessways and parking areas are developed to standard equal to that required for public use.
         7. That such drives and accessways are protected by recorded deed covenants ensuring their availability to all residents of the project.
         8. That the proposed project will constitute a residential environment of a sustained desirability and stability; that it will be in harmony with the character of the surrounding neighborhood and ensure substantially the same type of occupancy as obtains or may be expected to obtain in the neighborhood; that it will result in intensity of land utilization no higher than, and standards of open spaces at least as high as, permitted or specified in this chapter in the district in which the project is to be located.
         9. That the project will be consistent with the intent and purposes of this chapter to promote public health, safety and general welfare.
      2. Height, yards and lot coverage shall be regulated by the schedule in HVC article 46.12, division II and in no case shall the board authorize standards less than those depicted in HVC article 46.12, division II.
      3. Any change in an approved plan shall be referred by the board of zoning appeals to the planning commission for study and report, prior to any action by the board.
      4. The board of zoning appeals shall approve or disapprove any plan or revision of an approved plan within 60 days of the filing of all elements of the plan.
   4. Integrated shopping centers.
      1. Minimum area. The owner of a tract of land located in any district at or near where a proposed shopping center is shown on the adopted land use plan shall submit to the planning commission for its review a preliminary plan for the use and development thereof for an integrated shopping center, provided that the tract of land shall meet the following minimum area requirements:
         1. Neighborhood shopping center: not less than two acres;
         2. Subcommunity or community shopping center: not less than ten acres;
         3. Shopping centers defined. The following words, terms and phrases, when used in this subsection (4), shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
            
            Community center means an area within which various facilities and services, such as filling stations, restaurants, banks, fire or police stations, clubs, etc., may be established.
            
            Neighborhood shopping center means a shopping center the principal establishment of which is customarily a supermarket type food store.
            
            Subcommunity shopping center means a shopping center the principal establishment of which is customarily a variety store.
      2. Applicant; financial ability. In accepting such plan for review, the planning commission shall be satisfied that the applicant is financially able to carry out the proposed project, that construction will start within one year, if a neighborhood shopping center, of the approval of the project and necessary zoning district change, and will be completed within a reasonable time as determined by the planning commission.
      3. Commission findings. It shall then be the duty of the planning commission to investigate and ascertain whether the location, size and other characteristics of the site and the proposed plan comply with the following conditions:
         1. Need must be demonstrated. That need for the proposed center at the proposed location, to provide adequate shopping facilities to the surrounding neighborhood, subcommunity or community or part thereof, as the case may be, has been demonstrated by the applicant by means of market studies and such other evidence as the planning commission may require.
         2. Adequacy, site. That the proposed shopping center is adequate, but not excessive in size to provide adequate shopping or service facilities for the population which reasonably may be expected to be served by the proposed center.
         3. Traffic congestion; not to be created. That the proposed shopping center is at a location where traffic congestion does not exist at present on the streets to be utilized for access to the proposed center, and where such congestion will not likely be created by the proposed center; or where such existing or possible future congestion will be obviated by presently projected improvement of access thoroughfares or by demonstrable provisions in the plan for proper entrances and exits, and by internal provisions for traffic and parking.
         4. Thoroughfare access required. That any neighborhood shopping center will abut and front a street designated on the official transportation plan as an expressway or arterial thoroughfare; and any subcommunity or community shopping center shall abut and front on a street designated on the plan as an expressway or arterial thoroughfare.
         5. Integrated design. That the plan provides for a shopping center consisting of one or more groups of establishments in buildings of integrated and harmonious design, together with adequate and properly arranged traffic and parking facilities and landscaping. The project shall be arranged in an attractive and efficient manner, convenient, pleasant and safe to use, and fitting harmoniously into and having no adverse effects upon the adjoining or surrounding properties.
      4. The uses permitted in an integrated shopping center shall be appropriate to the specific functions thereof. In the case of all shopping centers, the allowable uses shall be those permitted in the C-1 district; provided, however, that no residential, heavy commercial or industrial uses shall be permitted in any shopping center, and only those uses shall be authorized which are necessary or desirable to supply the surrounding neighborhood, subcommunity or community with goods or services. All uses authorized in this manner shall be in harmony with the design of the center and the environs thereof.
      5. Standards applicable. The following regulations shall apply to an integrated shopping center:
         1. Building height. No building shall exceed 2 1/2 stories or 35 feet in height.
         2. Yards. No building shall be less than 50 feet distant from any boundary of the tract or site on which the shopping center is located. The center shall be permanently screened from all adjoining properties located in any R district, and except for necessary entrances and exits from all properties located in any R district across the street and within 100 feet from such center. The type and nature of such screening shall be determined by the planning commission.
         3. Tract coverage. The ground area occupied by all the buildings shall not exceed in the aggregate 25 percent of the total area of the tract or size.
         4. Customer parking space. Notwithstanding any other requirements of this chapter, there shall be provided at least two square feet of off-street parking area, including driveways, for every square foot of total floor space, not including storage space, in an integrated neighborhood shopping center; and three square feet of off-street parking area for every square foot of total floor space, not including storage space, in a subcommunity or community shopping center.
         5. Loading space. Notwithstanding any other requirements of this chapter, there shall be provided one off-street loading space for each 5,000 square feet or fraction thereof of aggregate floor space of all buildings in the center. At least one-third of the space required shall be sufficient in area and vertical clearance to accommodate trucks of the tractor-trailer type.
         6. Illumination of accessways and parking areas. Accessways and parking areas shall be adequately lighted by shielding media lighting fixtures which shall be so installed as to reflect light away from adjoining properties.
         7. Signs. Subject to the provisions of state statutes and approval of the planning commission, all signs within the center shall be controlled by written agreement between the owners and tenants of the center, or otherwise, with the view to preventing excessive advertising and promoting a harmonious appearance of the center as a whole.
      6. Final development plan. Upon determination by the planning commission that the proposed integrated shopping center as shown in the preliminary plans appears to conform to the requirements herein and all other applicable requirements of this chapter, the proponents shall prepare and submit a final development plan, which plan shall incorporate any change or modifications required by the planning commission, along with an application for change of zoning to the appropriate business district classification.
      7. Recommendations to board of trustees. If the final development plan is found to comply with the requirements herein and other applicable provisions of this chapter, the planning commission, after public hearing on both the development plan and application for a zoning district change, shall submit the plan, its report and recommendations to the board of trustees.
      8. Rezoning. The board of trustees may modify the plan consistent with the intent and meaning of this chapter, and may rezone the property to a classification permitting the proposed center for development in substantial conformity with the final plan, as approved by the board of trustees.

(Code 2024, § 9.2.8)

1. Authority. For the purpose of promoting the public health, safety, morals, comfort and general welfare, conserving the value of property throughout the village, and lessening or avoiding congestion in the public streets and highways, the village board may from time to time in the manner hereinafter set forth amend the regulations imposed in the districts created by this chapter. This chapter may be amended, provided that, in all amendments adopted under the authority of this section, due allowance shall be made for existing conditions, the conservation of property values, the direction of building development to the best advantages of the entire community, and the uses to which the property is devoted at the time of the adoption of such amendment.
2. Initiation of amendment. Amendments may be proposed by the board of appeals, the village board or by any interested person or organization.
3. Application for amendment. An application for an amendment shall be filed with the zoning officer in such form and accompanied by such information as required by the zoning officer. Such application shall be forwarded to the board of appeals with the request to hold a public hearing on the application for amendment.
4. Minimum size of parcel. A lot or parcel of land shall not qualify for a zoning amendment unless it possesses 120 feet of frontage or contains 15,000 square feet of area, or adjoins a lot or parcel of land which bears the same zoning district classification as the proposed zoning amendment.
5. Hearing on application. The board of appeals shall hold a public hearing on each application for an amendment at such time and place as shall be established by the board of appeals. The hearing shall be conducted and a record of such proceedings shall be preserved in such manner as the board of appeals shall, by rule, prescribe from time to time.
6. Notice of hearing. Notice of time and place of such hearing shall be published at least once in one or more newspapers of general circulation in the village not less than 15 nor more than 30 days before such hearing. Supplemental or additional notices may be published or distributed as the board of appeals may, by rule, prescribe from time to time. At a minimum, all owners of property adjoining the property for which the proposed amendment is requested shall receive written notice of the hearing.
7. Findings of fact and recommendation of the board of appeal.
   1. Within 45 days after the close of the hearing on a proposed amendment, the board of appeals shall make written findings of fact and shall submit the same together with its recommendations to the village board. Where the purpose and effect of the proposed amendment is to change the zoning classification of particular property, the findings of fact and recommendation shall include the following information:
      1. Existing use of property within the general area of the property in question;
      2. The zoning classification of property within the general area of the property in question;
      3. The suitability of the property in question to the uses permitted under the existing zoning classification; and
      4. The trend in development, if any, in the general area of the property in question, including changes if any which have taken place since the day the property in question was placed in its present zoning classification.
   2. The board of appeals shall not recommend the adoption of a proposed amendment unless it finds that the adoption of such amendment is in the public interest and is not solely for the interest of the applicant. The board of appeals may recommend the adoption of an amendment changing the zoning classification of the property in question to any higher classification than that requested by the applicant. For the purposes of this subsection, the R-1 district shall be considered the highest classification and the I-2 district shall be considered the lowest classification.
8. Action by the village board.
   1. The village board shall not act upon a proposed amendment to this chapter until it shall have received a written report and recommendation from the board of appeals on the proposed amendment.
   2. The village board may grant or deny any application for an amendment; provided, however, that in case of a written protest against any proposed amendment, signed and acknowledged by the owners of 20 percent of the frontage proposed to be altered, or by the owners of 20 percent of the frontage immediately adjoining or across an alley therefrom, or by the owners of 20 percent of the frontage directly opposite the frontage proposed to be altered, is filed with the village clerk, the amendment shall not be passed except by a favorable vote of two-thirds of all members of the village board.
9. Effect of denial of amendment. No application for an amendment that has been denied wholly or in part by the village board shall be resubmitted for a period of one year from the date of the denial except on the grounds of new evidence or proof of change of conditions found to be valid by the board of appeals.

(Code 2024, § 9.2.9)

1. Planning commission created. A planning commission is created for the village consisting of nine members. The members of the commission shall serve for the following terms, or until their respective successors are appointed and qualified: four for four years and five for two years. The successor to each member so appointed shall serve for a term of four years. One of the so appointed members shall be named as chairman of the commission at the time of his/her appointment.
2. Vacancy filled. A vacancy shall be filled for the unexpired term of any member whose place has become vacant.
3. Meetings. All regular meetings of the planning commission shall be held at the call of the chairman and any other meetings at such other times as the chairman and the board may determine.
4. Ex officio members. The president of the board of trustees shall be an ex officio member of the planning commission.
5. Powers. The planning commission shall have the following powers:
   1. To prepare and recommend to the village authorities a comprehensive plan of public improvements looking to the present and future development of the village. After its adoption by the village authorities, this plan shall be known as the official plan of the village. From time to time, the planning commission may recommend changes in the official plan. This plan may include reasonable requirements with reference to streets, alleys and public grounds in unsubdivided land situated within the corporate limits of the village or in contiguous territory not more than 1 1/2 miles beyond the village limits and not included in any municipality.
   2. To prepare and recommend to the village authorities, from time to time, plans for specific improvements in pursuance of the official plan.
   3. To give aid to the village officials charged with the direction of projects for improvements embraced within the official plan, to further the making of these projects, and generally to promote the realization of the official plan.
   4. To exercise such other powers germane to the powers granted by 65 ILCS 5/11-12-5 as may be conferred by the corporate authorities.
       

      Planned Developments - Sizes and Setbacks
      	One-Family	Detached Townhouse	High-Rise Apartment
      Minimum size of development	3 acres	5 acres	10 acres
      Garage and parking area (per dwelling unit)	600 sq. ft.	600 sq ft.	600 sq. ft.
      Land coverage (maximum % of land coverage)	20%	20%	10%
      Height of main building	30'	35'	120'
      Setback from any dedicated ROW	25'	25'	75% of building height but at least 30'
      Distance between building and adjoining property line	10'	15'	Height of building
      Distance between buildings face to face	80'	120'	150% of building height
      Distance between buildings face to rear or face to side	60'	80'	150% of building height
      Distance between buildings side to side	20'	30'	Height of building
      Distance between buildings rear to rear	80'	50'	Height of building

(Code 2024, § 9.2.10)

1. Off-street loading spaces.
   1. In all districts, in connection with every building or part thereof hereafter erected, having a gross floor area of 2,500 square feet or more, which is to be occupied by uses requiring the receipt or distribution by vehicles of materials or merchandise, there shall be provided and maintained on the same premises with such building the following off-street loading spaces:
      
      

      Gross Floor Area	Spaces Required
      2,500 to 19,999 sq. ft.	1
      20,000 to 29,999 sq. ft.	2

   2. For each additional 10,000 square feet in excess of 30,000 square feet, one additional off-street loading space shall be required. Such spaces may occupy all or any part of a required rear yard, or, when authorized by the board of appeals, part of any other yard or court space on the same premises.
2. Provision of off-street parking. In all districts off-street accessory parking areas, in the open or in a garage, shall be provided in connection with the uses set forth hereinafter and to the extent indicated therewith, in addition to the loading and unloading spaces required in subsection (a) of this section. Such areas, in the case of residence districts, shall be on the premises intended to be served; and in the case of commercial and industrial districts, such areas shall be on the premises intended to be served or on adjoining or nearby property within 100 feet of any part of the premises and in the same or less restrictive district.
3. Number of parking spaces required. Parking spaces required in connection with uses are as shown on Table 46.16.010. In the case of any use that is not specifically mentioned herein, the provisions for a similar use mentioned shall apply.
4. Definition and interpretation.
   1. Loading space. Each loading space shall not be less than ten feet wide, 40 feet in length and 14 feet in height, exclusive of access and turning areas.
   2. Floor area. In the case of merchandising or service type of uses, the term "floor area" means the gross floor area used or intended to be used by tenants, or for service to the public or customers, patrons or clients, but shall not include areas used principally for non-public purposes, such as toilet or restrooms, utilities or dressing rooms.
   3. Benches in places of public assembly. In stadiums, sports arenas, churches and other places of public assembly in which patrons or spectators occupy benches, pews or other similar seating facilities, each 20 inches of such seating facilities shall be counted as one seat for the purpose of determining requirements for off-street parking facilities under this chapter.
5. Development standards. Off-street accessory parking areas shall be of usable shape, and shall be improved with a durable and dustless surface and so graded and drained as to dispose of all surface water accumulation within the area. Any lighting used to illuminate such parking areas shall be so arranged as to reflect the light away from adjoining premises in any resident district.
6. Exceptions. The zoning board of appeals may authorize on appeal a modification, reduction or wavier of the requirements of this section if it should find that in the particular case, the peculiar nature of any use, or other exceptional situation or condition would justify such modification, reduction or wavier.
   
   Table 46.16.010
   
   

   Use	Parking Spaces Required
   Automobile or machine sales and service garages	1 for each 1,000 sq. ft. of floor area, plus 1 for each full-time employee
   Banks, businesses and professional offices	1 for each 1,200 sq. ft. of floor area
   Bowling alleys	6 for each alley
   Churches and schools	1 for each 6 seats in principal auditorium
   Convenience, drug, grocery, hardware and similar stores	1 for each 200 sq. ft. of floor area devoted to sales, plus 1 for each full-time employee
   Dance halls and assembly halls without fixed seats	1 for each 50 sq. ft. of floor area used for assembly or dancing
   Drive-in eating establishments	Not less than 1/3 of the total ground area shall be devoted exclusively to parking and accessways
   Dwellings	2 for each dwelling unit
   Food pickup establishments	Minimum of 1, plus 1 for each 100 sq. ft. of floor space
   Funeral home, mortuaries	6 per chapel room or parlor of 1 for 50 sq. ft. of rooms used for services, whichever is greater
   Hospitals, nursing homes and similar care centers	1 for each 5 beds, plus 1 for each 2 doctors and employees
   Manufacturing plants, research or testing labs, bottling plants	1 for each 2 employees on maximum working shift
   Medical or dental clinics	6 spaces for each doctor, plus 1 for each 2 employees
   Motels or motor hotels	1 for each unit, plus 1 for each 2 employees at work at the same time
   Motor fuel stations	1 for each employee on duty, plus 2 for each service bay
   Barbershops	2 for each chair, plus 1 for each 2 employees at work at the same time
   Coin-operated laundries or dry cleaning establishments	1 for each 3 washers or cleaning machines, plus 1 for each 2 employees at work at the same time
   Restaurants	1 for each 3 seats, plus 1 for each 2 employees at work at the same time
   Shoppers' goods - appliance, household equipment, furniture and similar stores	1 for each 500 sq. ft. of floor area, plus 1 for each full-time employee
   Taverns or bars	1 for each 2 seats, plus 1 for each 2 employees at work at the same time
   Theaters	1 for each 4 seats
   Wholesale establishments	1 for each 4 employees on maximum work shift
   Beauty shops	1 for each dryer, plus 1 for each 2 employees at work at the same time
   Marinas	1 1/2 spaces for each slip
   Dry stacks	1 1/2 spaces for each dry stack

(Code 2024, § 9.14.1)

1. General. It is the intent of this section to provide for the limited parking and storing of recreational vehicles, boats and other watercraft, utility trailers, and certain trucks in residential areas. This section allows for the parking of one of these types of vehicles in the driveway in front of the building line and not extending into the right-of-way. Any additional vehicles of this type shall be parked behind the building line at the side or behind the dwelling, considered to be out of public view. It is recognized that this creates a hardship for some lots, particularly corner lots. However, lessening or avoiding congestion in the public streets and providing that each dwelling unit is assured of light, air and open spaces is in the best interest of the public, specifically the residents of the village.
2. Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning. Terms not herein defined shall have the meaning customarily assigned to them.
   
   Bus means a vehicle designed, built, and maintained for the transportation of more than ten persons.
   
   Commercial vehicle means any vehicle operated for the transportation of persons or property in the furtherance of any commercial or industrial enterprise, for-hire or not-for-hire, but not including a commuter van or a vehicle used in a ride sharing arrangement when being used for that purpose.
   
   Gross vehicle weight rating (GVWR) means the value specified by the manufacturer as the maximum loaded weight of a single vehicle. The GVWR of a combination of vehicles (commonly referred to as the "gross combination weight rating" or GCWR) is the GVWR of the power unit plus the GVWR of the towed unit. In the absence of a value specified by the manufacturer, GCWR is determined by adding the GVWR of the power unit and the total weight of the towed unit and any load on the unit.
   
   Recreational vehicle is defined as a vehicle which is:
   1. Built on a single chassis;
   2. Designed to be self-propelled or permanently towable by a motorized vehicle;
   3. Designed primarily for use as a temporary living quarters for recreational, camping, travel, or seasonal use and not as a permanent dwelling;
   4. Designed to be loaded onto the bed of a truck and is constructed to provide temporary living quarters for recreational, camping, travel or seasonal use;
   5. The term "recreational vehicle" includes travel trailers, tent top trailers, pop up campers, motor homes; buses, trucks and other vehicles or trailers, converted from their customary use to the uses listed in subsections (a) through (d) of this definition.
   Right-of-way (ROW) means a strip of land dedicated to the public for access purposes, including, but not limited to, streets, alleys and pedestrian ways and may include surface access for vehicles or pedestrians, overhead access, when permitted, for certain public utilities, and underground access for sewers and public utilities. ROW, when used for a street or roadway, typically extends beyond the improved portion of the street or roadway towards the buildings that abut the ROW. In some areas, ROW includes any boulevard and sidewalks.
   
   Trailer means every vehicle without motive power in operation designed for carrying persons or property and to be drawn by a motorized vehicle and includes, but is not limited to, the following types:
   
   1. Boat trailer means a trailer designed, built, modified, or maintained for the transportation and storage of watercraft.
      
   2. Car trailer means any trailer open or closed, designed, built, modified or maintained for the transportation of vehicles.
      
   3. Utility trailer means a trailer, open or closed, designed, built and maintained for transporting personal property of any kind.
3. Parking and storing prohibited. Recreational vehicles and trailers shall not be parked or stored on any right-of-way within the village limits except for the loading or unloading of cargo or personal belongings. A time limit of 24 hours is allowed for loading or unloading. At no time shall any trailer be parked in the right-of-way unless connected to a vehicle designed for towing the trailer.
4. Parking and storing on residential property. Recreational vehicles and trailers shall not be parked on any residential zoned property or any other zoned property occupied by a dwelling that creates a visual obstruction for vehicles entering, exiting or traveling on any right-of-way. Parking of one of these types of vehicles and trailers in the driveway of a lot is permitted, provided it does not extend into the right-of-way (see the definition of the term "right-of-way" in subsection (b) of this section). Recreational vehicles, trailers and watercraft parked or stored on residential property shall be maintained in operable condition during the season of its intended use.
5. Off-season parking of recreational vehicles. Off-season storage of recreational vehicles and trailers is prohibited, except for the following provisions:
   1. The recreational vehicle or trailer is parked behind the front building line of the dwelling. On corner lots, the trailer or recreational vehicle must be parked behind the front building line and the side building line of the dwelling that faces the opposing street or avenue.
   2. The recreational vehicle or trailer is stored inside an enclosed building.
   3. Tarps or any similar material used to cover recreational vehicles or cargo in and on trailers shall be in good repair and securely fastened to prevent tears, rips and flapping from wind.
   4. The term "off season" means November 1 through March 31.
6. Parking and storage of more than one recreational vehicle.
   1. No more than one recreational vehicle or trailer shall be parked on any residential zoned property or any other zoned property occupied by a dwelling, except for the following provisions:
      1. The additional recreational vehicles or trailers is parked behind the front building line of the dwelling. On corner lots, the trailer or recreational vehicle must be parked behind the front building line and the side building line of the dwelling that faces the opposing street or avenue.
      2. The additional recreational vehicles or trailers is stored inside an enclosed building.
   2. Additional recreational vehicles, trailers and watercraft parked or stored on residential property shall be maintained in operable condition during the season of its intended use.
7. Occupancy of recreational vehicles. Recreational vehicles that are parked or stored in accordance with this section shall not be occupied or used as a permanent dwelling. Recreational vehicles may be occupied temporarily no more than two days in a 30-day period.
8. Parking and storage of trucks. Trucks exceeding 10,000 pounds GVWR and trucks with trailers connected exceeding 10,000 pounds GCWR, exceeding eight feet in height and used commercially, shall not be parked or stored on any right-of-way within the village or on any residential zoned lot or any other zoned lot occupied by a dwelling unless loading or unloading goods or personal property, or providing a service to the owner of the lot where parked or stored.
9. Parking and storage of buses. Buses shall not be parked or stored on any residential zoned property or any other zoned property with a dwelling, except for the following provisions:
   1. The bus is parked behind the front building line of the dwelling. On corner lots, the bus must be parked behind the front building line and the side building line of the dwelling that faces the opposing street or avenue.
   2. The bus is stored inside an enclosed building.
10. Fines and penalties. Each day on which a violation continues constitutes a separate violation. Recreational vehicles, trailers, trucks or buses that are in violation of any section of this chapter and are inoperable or unable to be moved because of a mechanical failure, the property owner will be given 24 hours to make necessary repairs or arrange for the recreational vehicle or trailer in violation to be moved to comply with this section before fines and penalties are levied.
    1. First offense. For the first violation of any part of this section, the fine will be $50.00.
    2. Second offense. For the second violation of any part of this section within six months of the first violation, the fine will be $100.00.
    3. Third offense. For the third violation of any part of this section within six months of the second violation, the owner of the vehicle will be served with a notice to appear in the appropriate civil court for a hearing before a judge of that court. The fine for the third offense shall not exceed $500.00, plus any and all court costs and attorney fees.

(Code 2024, § 9.14.2)

1. General provisions.
   1. No sign shall be erected or maintained at any location where by reason of its position, working, illumination, size, shape or color it may impair, obstruct, obscure or be confused with any authorized traffic control sign, signal or device.
   2. No off-site sign or billboard having flashing, intermittent or animated illumination shall be permitted within 300 feet of property in any residence district unless such sign is not visible from such property.
   3. No off-site sign or billboard shall be erected or placed within 100 feet of any residence district.
   4. Political advertising signs of no more than six square feet in area shall be permitted in any district provided they comply with subsections (a)(1) and (2) of this section. These signs shall be removed within 30 days following the election to which they pertain.
2. Residence districts. In any residence district, the following regulations shall apply:
   1. For single-family and two-family dwellings: a non-illuminated identification sign not exceeding two square feet in area shall be permitted for each dwelling unit. One such sign shall be permitted for each dwelling unit. Such sign shall indicate nothing other than the name or address of the occupants, premises, announcement of boarders or roomers, home occupation or sale of farm goods.
   2. For multiple family and group family dwellings, identification signs not to exceed nine square feet in area shall be permitted. Such signs may have indirect lighting.
   3. One temporary, non-illuminated, on-site sign not to exceed nine square feet in area for the sale of real estate shall be permitted.
   4. Announcement of church, school or other public buildings or uses, where permitted, bulletin boards or identification signs shall be permitted.
   5. All other signs are prohibited in residence districts.
3. Commercial districts. The following regulations shall apply with respect to commercial districts:
   1. Neighborhood commercial districts. On-site signs shall be permitted, but shall not exceed 1 1/2 square feet of surface area for each one lineal foot of building face. Off-site signs are prohibited.
   2. General commercial districts. On-site signs, off-site signs and billboards are permitted.
4. Industrial districts. The following regulations shall apply with respect to the industrial districts:
   1. Light industrial districts. On-site signs, off-site signs and billboards are permitted.
   2. General industrial districts. On-site signs, off-site signs and billboards are permitted.

(Code 2024, § 9.14.3)

1. General. A nonconforming building or structure existing at the time of adoption of the ordinance from which this chapter may be continued, maintained and repaired, except as otherwise provided in this section. Nothing in this chapter shall prevent the strengthening or restoring to a safe condition any part of any building or structure declared unsafe by the building inspector.
2. Alteration or enlargement of buildings and structures. A nonconforming building or structure shall not be added to or enlarged in any manner unless the building or structure, including additions and enlargements, is made to conform to all of the regulations of the district in which it is located; provided, however, that if a building or structure is conforming as to use, but nonconforming as to yards or height or off-street parking space, the building or structure may be enlarged or added to provide that the enlargement or addition complies with the yard and height and off-street parking requirements of the district in which the building or structure is located. No nonconforming building or structure shall be moved in whole or in part of another location on the lot unless every portion of the building or structure is made to conform to all of the regulations of the district in which it is located.
3. Building vacancy. A building or structure or portion thereof nonconforming as to use, which is or hereafter becomes vacant and remains unoccupied for a continuous period of one year, shall not thereafter be occupied except by a use which conforms to the use regulations of the district in which it is located.
4. Destruction of nonconforming building or structure. Any nonconforming building or structure which has been or may be damaged by fire, flood, explosions, earthquake, war, riot or any other act of God may be reconstructed and used as before if it is done within 12 months of such calamity, unless damaged more than 60 percent of its fair market value, as determined by the board of appeals, at the time of such damage, in which case reconstruction shall be in accordance with the provisions of this chapter.
5. Change in use.
   1. A nonconforming use of a conforming building or structure will not be expanded or extended into any other portion of such conforming building or structure or changed except to a conforming use. If such a nonconforming use, or a portion thereof, is discontinued or changed to a conforming use, any future use of such building, structure, or portion thereof shall be in conformity with the regulations of the district in which such building or structure is located.
   2. A vacant or partially vacant conforming building or structure may be occupied by a use which the building or structure was designed and intended if occupied within a period of one year after the effective date of the ordinance from which this chapter is derived, but otherwise it shall be used in conformity with the regulations of the district in which it is located. The use of a nonconforming building or structure may be changed to a use of the same or a more restricted classification; but where the use of nonconforming building or structure is changed to a use of a more restricted classification, it thereafter shall not be changed to a use of a less restricted classification.

(Code 2024, § 9.15.1)

A nonconforming use of land, where the aggregate value of all permanent buildings or structures is less than $500.00, existing at the time of adoption of the ordinance from which this chapter is derived, may be continued for a period of not more than five years, provided that:

1. Said nonconforming use may not be extended or expanded, nor shall it occupy more area than was in use on the effective date of the ordinance from which this chapter is derived.
2. If the nonconforming use or any portion thereof is discontinued for a period of six months, or changed, any future use of such land, or change in use, shall be in conformity with the provisions of the district in which the land is located.

(Code 2024, § 9.15.2)

The requirements and regulations specified elsewhere in this chapter shall be subject to the additional requirements, exceptions, modifications and interpretations contained in this article.

(Code 2024, § 9.16.1)

Any limitations stipulated elsewhere in this chapter shall not apply in the following situations:

1. To barns, silos or other farm buildings or structures on farms, provided these are not less than 50 feet from every lot line; to church spires, belfries, cupolas and domes, monuments, water towers, fire and hose towers, masts and aerials; to parapet walls extending not more than four feet above the limiting height of the building. However, if, in the opinion of the building inspector, such greater height shall not be authorized except by the board of appeals.
2. To bulkheads, conveyers, derricks, elevator penthouses, water tanks, monitors and scenery lofts; to monuments, fire towers, hose towers, cooling towers, grain elevators, gas holders or other structures where the manufacturing process required a greater height. Where a permitted use requires greater heights than specified, such may be authorized by the board of appeals.

(Code 2024, § 9.16.2)

1. Front yard requirements do not apply to the following: bay windows or balconies occupying in the aggregate not more than one-third of the front wall, provided that these projections come entirely within planes drawn from either main corner of the front wall, making an interior angle of 22 1/2 degrees in the horizontal plane with sills, pilaster, uncovered porches, plantings or similar features not over three feet high above the average finished grade and distant five feet from every lot line.
2. In any district where the average depth of two or more existing front yards on lots within 100 feet of the lot in question and within the same block front is less or greater than the least front yard depth prescribed, front yards may be varied. The depth of the front yard on such lot shall not be less than the average depth of the existing front yards or the average depth of the two lots immediately adjoining or, in the case of a corner lot, the depth of the front yard on the lot immediately adjoining; provided, however, that the depth of a front yard on a lot in any residence district shall be at least ten feet.

(Code 2024, § 9.16.3)

1. Along any district boundary line, any abutting side yard on a lot in the less restricted district shall have at least width equal to that required in the more restrictive district. Where a lot in an industrial district abuts a lot in a residential district, the side yard shall be increased by three feet for each story that the building proposed on such lot exceeds the height limit of the residence district.
2. On a corner lot, the least width of a side yard along the side street lot line shall be equal to the required front yard along the side street. No part of any accessory building shall be nearer a side street lot line than the least depth on any front yard required on such a side street.
3. The following projections or structure subject to the provisions contained elsewhere in this chapter:
   1. Accessory buildings or structures subject to the provisions contained elsewhere in this chapter.
   2. Fences, planting or walls not over five feet above the average natural grade.
   3. Fire escapes, three feet from side lot line. Bays and balconies not more than three feet from the building, provided these projections are entirely within planes drawn from either main corner of the side wall, making an interior angle of 22 1/2 degrees in the horizontal plane with the side wall. The sum of the lengths of such projection shall not exceed one-third of the length of the wall of the main building.
   4. Chimneys, flues, felt courses, leaders, sills, pilasters and lintels, ornamental features, cornices, gutters and the like into or over a required side yard not more than 1 1/2 feet.
   5. Terraces, steps, uncovered porches, stoops or similar features, not higher than the elevation of the ground story of the building and distant three feet from a side lot line.

(Code 2024, § 9.16.4)

The following projections or structures may be permitted in rear yards:

1. Accessory buildings or structures subject to the provisions contained elsewhere in this chapter.
2. Fences or walls, not over seven feet above the natural average grade.
3. Fire escapes, six feet; bays and balconies, not more than three feet, provided these projections are entirely within planes drawn from either main corner of the rear wall, making an interior angle 22 1/2 degrees in the horizontal plane with the rear wall. The sum of the lengths of such projections shall not exceed one-half of the width of the rear wall.
4. Chimneys, flues, belt courses, leaders, sills, pilasters, lintels, ornamental features, cornices, eaves and the like, into or over a required rear yard not more than 1 1/2 feet.
5. Terraces, steps, uncovered porches or similar features not more than ten feet into a required rear yard, nor closer than six feet of an alley or within ten feet of a rear lot line, not any alley lot line.

(Code 2024, § 9.16.5)

No person, firm or corporation shall erect a fence on any lot or property in the village that is higher than six feet across the back of the lot, or higher than six feet on the side of any lot up to the building set back line, and any such fencing shall be no higher than four feet across the front of any lot from the front building line to the village easement.

(Code 2024, § 9.16.6)

This article is enacted pursuant to the police powers granted to the village by 65 ILCS 5/1-2-1, 5/11-12-12, 5/11-30-2, 5/11-30-8 and 5/11-31-2 in order to accomplish the following purposes:

1. To prevent unwise developments from increasing flood or drainage hazards to others;
2. Protect new buildings and major improvements to buildings from flood damage;
3. To promote and protect the public health, safety, and general welfare of the citizens from the hazards of flooding;
4. To lessen the burden on the taxpayer for flood control, repairs to public facilities and utilities, and flood rescue and relief operations;
5. Maintain property values and a stable tax base by minimizing the potential for creating blight areas;
6. Make federally subsidized flood insurance available; and
7. To preserve the natural characteristics and functions of watercourses and floodplains in order to moderate flood and stormwater impacts, improve water quality, reduce soil erosion, protect aquatic and riparian habitat, provide recreational opportunities, provide aesthetic benefits and enhance community and economic development.

(Code 2024, § 9.18.1)

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

Base flood means the flood having a one percent probability of being equaled or exceeded in any given year. The base flood is also known as the 100-year flood. The base flood elevation at any location is as defined in HVC 46.32.030.

Base flood elevation (BFE) means the elevation in relation to mean sea level of the crest of the base flood.

Basement means that portion of a building having its floor sub-grade (below ground level) on all sides.

Building means a walled and roofed structure, including gas or liquid storage tank, that is principally above ground, including manufactured homes, prefabricated buildings and gas or liquid storage tanks. The term "building" also includes recreational vehicles and travel trailers installed on a site for more than 180 days per year.

Critical facility means any facility which is critical to the health and welfare of the population and, if flooded, would create an added dimension to the disaster. Damage to these critical facilities can impact the delivery of vital services, can cause greater damage to other sectors of the community, or can put special populations at risk. Examples of critical facilities where flood protection should be required include emergency services facilities (such as fire and police stations), schools, hospitals retirement homes and senior care facilities, major roads and bridges, critical utility sites (telephone switching stations or electrical transformers), and hazardous material storage facilities (chemicals, petrochemicals, hazardous or toxic substances).

Development.

1. The term "development" means any man-made change to real estate, including, but not necessarily limited to:
   1. Demolition, construction, reconstruction, repair, placement of a building, or any structural alteration to a building;
   2. Substantial improvement of an existing building;
   3. Installation of a manufactured home on a site, preparing a site for a manufactured home, or installing a travel trailer on a site for more than 180 days per year;
   4. Installation of utilities, construction of roads, bridges, culverts or similar projects;
   5. Construction or erection of levees, dams walls or fences;
   6. Drilling, mining, filling, dredging, grading, excavating, paving, or other alterations of the ground surface;
   7. Storage of materials including the placement of gas and liquid storage tanks, and channel modifications or any other activity that might change the direction, height, or velocity of flood or surface waters.
2. The term "development" does not include routine maintenance of existing buildings and facilities, resurfacing roads, or gardening, plowing, and similar practices that do not involve filling, grading, or construction of levees.

Existing manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed or buildings to be constructed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.

Expansion to an existing manufactured home park or subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

FEMA means Federal Emergency Management Agency.

Flood means a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow, the unusual and rapid accumulation, or the runoff of surface waters from any source.

Flood fringe means that portion of the floodplain outside of the regulatory floodway.

Flood insurance rate map means a map prepared by the Federal Emergency Management Agency that depicts the floodplain or special flood hazard area (SFHA) within a community. This map includes insurance rate zones and may or may not depict floodways and show base flood elevations.

Flood insurance study means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations.

Flood protection elevation (FPE) means the elevation of the base flood plus one foot of freeboard at any given location in the floodplain.

Floodplain and special flood hazard area (SFHA) mean those lands within the jurisdiction of the village, the extraterritorial jurisdiction of the village, or that may be annexed into the village, that are subject to inundation by the base flood. The floodplains of the village are generally identified as such on panel numbers 135 and 145 of map number 17161C0145F of the county-wide flood insurance rate map of the county prepared by the Federal Emergency Management Agency and dated April 5, 2010. The term "floodplain" also includes those areas of known flooding as identified by the community. The floodplains of those parts of unincorporated Rock Island County that are within the extraterritorial jurisdiction of the village or that may be annexed into the village are generally identified as such on the flood insurance rate map prepared for the county by the Federal Emergency Management Agency and dated April 5, 2010.

Floodproofing means any combination of structural or nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate, property and their contents.

Floodproofing certificate means a form published by the Federal Emergency Management Agency that is used to certify that a building has been designed and constructed to be structurally dry floodproofed to the flood protection elevation.

Floodway means that portion of the floodplain required to store and convey the base flood. The floodway for the floodplains of the Mississippi River shall be as delineated on the county-wide flood insurance rate map of the county prepared by FEMA and dated April 5, 2010. The floodways for each of the remaining floodplains of the village shall be according to the best data available from the federal, state, or other sources.

Freeboard means an increment of elevation added to the base flood elevation to provide a factor of safety for uncertainties in calculations, future watershed development, unknown localized conditions, wave actions and unpredictable effects such as those caused by ice or debris jams.

Historic structure means any structure that is:

1. Listed individually in the National Register of Historic Places or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register.
2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district.
3. Individually listed on the state inventory of historic places by the state historic preservation agency.
4. Individually listed on a local inventory of historic places that has been certified by the state historic preservation agency.

IDNR/OWR means the Illinois Department of Natural Resources/Office of Water Resources.

Lowest floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of HVC 46.32.070.

Manufactured home means a structure transportable in one or more sections that is built on a permanent chassis and is designed to be used with or without a permanent foundation when connected to required utilities.

Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two or more lots for rent or sale.

New construction means structures for which the start of construction commenced or after the effective date of floodplain management regulations adopted by a community and includes any subsequent improvements of such structures.

New manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed or buildings to be constructed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the floodplain management regulations adopted by a community.

NFIP means National Flood Insurance Program.

Recreational vehicle or travel trailer means a vehicle which is:

1. Built on a single chassis;
2. 400 square feet or less in size;
3. Designed to be self-propelled or permanently towable by a light-duty truck and designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.

Repetitive loss means flood-related damages sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event on the average equals or exceeds 25 percent of the market value of the structure before the damage occurred.

SFHA. See Floodplain.

Start of construction includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement or other improvement, was within 180 days of the permit date. The term "actual start" means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns or any work beyond the stage of excavation or placement of a manufactured home on a foundation. For a substantial improvement, the term "actual start of construction" means the first alteration of any wall, ceiling, floor or other structural part oaf a building whether or not that alteration affects the external dimensions of the building.

Structure. See Building.

Substantial damage means damage of any origin sustained by a structure whereby the cumulative percentage of damage during a ten-year period equals or exceeds 50 percent of the market value of the structure before the damage occurred regardless of actual repair work performed. Volunteer labor and materials must be included in this determination. The term "substantial damage" includes the term "repetitive loss buildings" (see Repetitive loss).

Substantial improvement means any reconstruction, rehabilitation, addition or improvement of a structure taking place during a ten-year period in which the cumulative percentage of improvements equals or exceeds 50 percent of the market value of the structure before the improvement or repair is started, or increases the floor area by more than 20 percent. Substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term "substantial improvement" includes structures which have incurred repetitive loss or substantial damage, regardless of the actual repair work done. The term "substantial improvement" does not include:

1. Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to ensure safe living conditions; or
2. Any alteration of a structure listed on the National Register of Historic Places or the state register of historic places.

Violation means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the required federal, state, or local permits and elevation certification is presumed to be in violation until such time as the documentation is provided.

(Code 2024, § 9.18.2)

This article's protection standard is the base flood. The best available base flood data are listed below. When a party disagrees with the best available data, the party shall finance the detailed engineering study needed to replace the existing data with better data and submit it to the FEMA and IDNR/OWR for approval prior to any development of the site.

1. The base flood elevation for the floodplains of the Mississippi River shall be as delineated on the 100-year flood profiles in the county-wide flood insurance study of the county prepared by the Federal Emergency Management Agency and the flood insurance rate map dated April 5, 2010.
2. The base flood elevation for each floodplain delineated as an "AH zone" or "AO zone" shall be that elevation (or depth) delineated on the county-wide flood insurance rate map of the county.
3. The base flood elevation for each of the remaining floodplains delineated as a "A zone" on the county-wide flood insurance rate map of the county shall be according to the best data available from federal, state or sources. Should no other data exist, an engineering study must be financed by the applicant to determine base flood elevations.
4. The base flood elevation for the floodplains of those parts of unincorporated Rock Island County that are within the extraterritorial jurisdiction of the village, or that may be annexed into the village, shall be as delineated on the 100-year flood profiles in the flood insurance study of the county prepared by the Federal Emergency Management Agency and dated April 5, 2010.

(Code 2024, § 9.18.3)

The building inspector shall be responsible for the general administration of this article and ensure that all development activities within the floodplains under the jurisdiction of the village meet the requirements of this article. Specifically, the building inspector shall:

1. Process development permits in accordance with HVC 46.32.050;
2. Ensure that all development in a floodway (or a floodplain with no delineated floodway) meets the damage prevention requirements of HVC 46.32.060;
3. Ensure that the building protection requirements for all buildings subject to HVC 46.32.070 are met and maintain a record of the as-built elevation of the lowest floor (including basement) or floodproofing certificate;
4. Ensure that all subdivisions and annexations meet the requirements of HVC 46.32.080;
5. Ensure that water supply and waste disposal systems meet the public health standards of HVC 46.32.090;
6. If a variance is requested, ensure that the requirements of HVC 46.32.110 are met and maintain documentation of any variances granted;
7. Inspect all development projects and take any and all penalty actions outlined in HVC 46.32.130 as a necessary to ensure compliance with this article;
8. Ensure that applicants are aware of and obtain any and all other required local, state, and federal permits;
9. Notify IDNR/OWR and any neighboring communities prior to any alteration or relocation of a watercourse;
10. Provide information and assistance to citizens upon request about permit procedures and floodplain construction techniques;
11. Cooperate with state and federal floodplain management agencies to coordinate base flood data and to improve the administration of this article;
12. Maintain for public inspection base flood data, floodplain maps, copies of state and federal permits, and documentation of compliance for development activities subject to this article;
13. Perform site inspections to ensure compliance with this article and make substantial damage determinations for structures within the floodplain; and
14. Maintain the accuracy of floodplain maps including notifying IDNR/OWR or submitting information to FEMA within six months whenever a modification of the floodplain may change the base flood elevation or result in a change to the floodplain map.

(Code 2024, § 9.18.4)

No person, firm, corporation, or governmental body not exempted by law shall commence any development in the floodplain without first obtaining a development permit from the building inspector. The building inspector shall not issue a development permit if the proposed development does not meet the requirements of this article.

1. The application for development permit shall be accompanied by:
   1. Drawings of the site, drawn to scale showing property line dimensions;
   2. Existing grade elevations and all changes in grade resulting from excavation or filling;
   3. The location and dimensions of all buildings and additions to buildings;
   4. The elevation of the lowest floor (including basement) of all proposed buildings subject to the requirements of HVC 46.32.070; and
   5. Cost of project or improvements as estimated by a licensed engineer or architect. A signed estimate by a contractor may also meet this requirement.
2. Upon receipt of an application for a development permit, the building inspector shall compare the elevation of the site to the base flood elevation. Any development located on land that can be shown by the base flood elevation. Any development located on land that can be shown by survey data to be higher than the current base flood elevation and which has not been filled after the date of the site's first flood insurance rate map is not in the floodplain and therefore not subject to the requirements of this article. Conversely, any development located on land shown to be below the base flood elevation and hydraulically connected, but not shown on the current flood insurance rate map, is subject to the provisions of this article. The building inspector shall maintain documentation of the existing ground elevation at the development site and certification that this ground elevation existed prior to the date of the site's first flood insurance rate map identification. The building inspector shall be responsible for obtaining from the applicant copies of all other federal, state, and local permits, approvals or permit-not-required letters that may be required for this type of activity. The building inspector shall not issue a permit unless all other federal, state, and local permits have been obtained.

(Code 2024, § 9.18.5)

Within any floodway identified on the county-wide flood insurance rate map, and within all other floodplains where a floodway has not been delineated, the following standards shall apply:

1. Except as provided in subsection (b) of this section, no development shall be allowed which, acting in combination with existing and anticipated development, will cause any increase in flood heights or velocities or threat to public health and safety. The following specific development activities shall be considered as meeting this requirement:
   1. Bridge and culvert crossings of streams in rural areas meeting the following conditions of the state department of natural resources, office of water resources statewide Permit Number 2:
      1. The crossing will not result in an increase in water surface profile elevation in excess of 1.0 foot; and
      2. The crossing will not result in an increase in water surface profile elevation in excess of 0.5 foot at a point 1,000 feet upstream of the proposed structure.
      3. There are no buildings in the area impacted by the increases in water surface profile.
      4. The proposed bridge or culvert crossing will not involve straightening, enlarging, or relocating the existing channel.
      5. The design must be certified by a licensed professional engineer in the state and the designs must meet the conditions of an IDNR/OWR permit.
      6. The design must be certified by a second licensed professional engineer.
   2. Barge fleeting facilities meeting the following conditions of IDNR/OWR statewide Permit Number 3: The permit is only applicable when deadmen, pier cells, or other similar anchorage devices have been permitted by the U.S. Army Corps of Engineers.
   3. Aerial utility crossings meeting the following conditions of IDNR/OWR statewide Permit Number 4:
      1. The utility line must be constructed above the existing 100-year flood elevation or attached to an existing bridge.
      2. A utility line attached to an existing bridge shall be constructed above the low cord elevation of the bridge.
      3. No supporting towers or poles shall be located in a river, lake or stream.
      4. Supporting towers including foundation and poles shall be designed and located so as to not cause an obstruction of flood flows by trapping debris.
      5. All disturbed areas shall be returned to pre-construction grades and re-vegetated.
      6. All state commerce commission, National Electrical Safety Code, and federal requirements must be met.
   4. Minor boat docks meeting the following conditions of IDNR/OWR statewide Permit Number 5:
      1. The boat dock must not extend more than 50 feet into a waterway and no more than one quarter of the width of the waterway and shall not extend beyond the navigational limited established by the IDNR and the U.S. Army Corps of Engineers.
      2. The width of the boat dock shall not be more than ten feet.
      3. For L-shaped or T-shaped docks, the length of that portion parallel to the shoreline must not exceed 50 percent of the landowner's shoreline frontage nor 50 feet.
      4. Docks must be aligned so as not to cross the projection of property lines into the waterway or come within ten feet of the projected property line.
      5. Dock posts must be marked by reflective devices.
      6. The boat dock must be securely anchored to prevent detachment during times of high wind or water.
      7. Metal drums or containers may not be used as buoyancy units unless they are filled with floatation foam. Containers which previously stored pesticides, herbicides, or any other toxic chemicals are not permissible.
      8. This permit does not authorize any other related construction activity such as shore protection or fill.
      9. Non-floating boat docks must be constructed in a manner which will minimize obstruction to flow.
      10. At any future date, the permittee must agree to make necessary modifications to the dock as determined by the IDNR or the U.S. Army Corps of Engineers.
   5. Minor, non-obstructive activities meeting the following conditions of IDNR/OWR statewide Permit Number 6:
      1. The following activities (not involving fill or positive change in grade) are covered by this permit:
         1. The construction of underground utility lines, wells, or septic tanks not crossing a lake or stream.
         2. The construction of light poles, sign posts, and similar structures.
         3. The construction of sidewalks, driveways, athletic fields (excluding fences), patios, and similar structures.
         4. The construction of properly anchored, unwalled, open structures such as playground equipment, pavilions, and carports.
         5. The placement of properly anchored buildings not exceeding 70 square feet in size, nor ten square feet in any dimension. Only one such building on a property is authorized by this statewide permit.
         6. The raising of existing buildings, provided no changes are made to the outside dimensions of the building and the placement of fill is not involved.
   6. Outfall structures and drainage ditch outlets meeting the following conditions of IDNR/OWR statewide Permit Number 7:
      1. Any outfall structure, including any headwall or end section, shall not extend riverward or lakeward of the existing adjacent natural bank slope or adjacent bank protection.
      2. The velocity of the discharge shall not exceed the scour velocity of the channel soil, unless channel erosion would be prevented by the use of riprap or other design measures.
      3. Outlets from drainage ditches shall not be opened to a stream until the ditch is vegetated or otherwise stabilized to minimize stream sedimentation.
      4. Disturbance of streamside vegetation shall be kept to a minimum during construction to prevent erosion and sedimentation. All disturbed floodway areas, including the stream banks, shall be restored to their original contours and seeded or otherwise stabilized upon completion of construction.
   7. Underground pipeline and utility crossings meeting the conditions of IDNR/OWR statewide Permit Number 8:
      1. In all cases, the crossing shall be placed beneath the bed of the river, lake or stream and, unless the crossing is encased in concrete or entrenched in bedrock, a minimum of three feet of cover shall be provided. The river, lake or streambed shall be returned to its original condition.
      2. Disturbance of streamside vegetation shall be kept to a minimum during construction to prevent erosion and sedimentation. All disturbed floodway areas, including stream banks, shall be restored to their original contours and seeded or otherwise stabilized upon completion of construction.
      3. Any utility crossing carrying material which may cause water pollution, as defined by the Environmental Protection Act (415 ILCS 5), shall be provided with shutoff valves on each side of the body of water to be crossed.
      4. If blasting is to be utilized in the construction of the crossing, the permittee shall notify the IDNR/OWR at least ten days prior to the blasting date to allow monitoring of any related fish kills.
   8. Bank stabilization projects meeting the conditions of IDNR/OWR statewide Permit Number 9:
      1. Only the following materials may be utilized in urban areas: stone and concrete riprap, steel sheet piling, cellular blocks, fabric-formed concrete, gabion baskets, rock and wire mattresses, sand/cement filled bags, geotechnical fabric materials, natural vegetation and treated timber. The term "urban areas" means areas of the state where residential, commercial, or industrial development currently exists or, based on land use plans or controls, is expected to occur within ten years. (The department should be consulted if there is a question of whether or not an area is considered urban.)
      2. In addition to the materials listed in subsection (a)(8)a of this section, other materials (e.g., tire revetments) may be utilized in rural areas, provided all other conditions of this permit are met.
      3. The following materials shall not be used in any case: auto bodies, garbage or debris, scrap lumber, metal refuse, roofing materials, asphalt or other bituminous materials, or any material which would cause water pollution as defined by the Environmental Protections Act (415 ILCS 5).
      4. The affected length of shoreline, stream bank, or channel to be protected shall not exceed, either singularly or cumulatively, 1,000 feet.
      5. All material utilized shall be properly sized or anchored to resist anticipated forces of current and wave action.
      6. Materials shall be placed in a way which would not cause erosion or the accumulation of debris on properties adjacent to or opposite the project.
      7. Materials shall not be placed higher than the existing top of the bank.
      8. Materials shall be placed so that the modified bank full-width and cross-sectional area of the channel will conform to or be no more restrictive than that of the natural channel upstream and downstream of the site. For projects involving continuous placement of riprap along the bank, toe of the bank or other similar applications, in no case shall the cross-sectional area of the natural channel be reduced by more than ten percent nor the volume of material placed exceed two cubic yards per lineal foot of the stream bank or shoreline. The bank may be graded to obtain a flatter slope and to lessen the quantity of material required.
      9. If broken concrete is used, all protruding materials such as reinforcing rods shall be cut flush with the surface of the concrete and removed from the construction area.
      10. Disturbance of vegetation shall be kept to a minimum during construction to prevent erosion and sedimentation. All disturbed areas shall be seeded or otherwise stabilized upon completion of construction.
      11. In the case of seawalls and gabion structures on lakes, the structure shall be constructed at or landward of the water line as determined by the normal pool elevation, unless:
          1. It is constructed in alignment with an existing seawalls or gabion structures; and
          2. The volume of material placed, including the structure, would not exceed two cubic yards per lineal foot.
      12. Excess material excavated during the construction of the bank or shoreline protection shall be placed in accordance with local, state, and federal laws and rules, and shall not be placed in a floodway.
   9. Accessory structures and additions to existing residential buildings meeting the conditions of IDNR/OWR statewide Permit Number 10:
      1. The accessory structure or building addition must comply with the requirements of the local floodplain ordinance.
      2. The principal structure to which the project is being added must have been in existence on the effective date of this permit (July 25, 1988).
      3. The accessory structure or addition must not exceed 500 square feet in size and must not deflect floodwaters onto another property; and
      4. The accessory structure or addition must not involve the placement of any fill material.
      5. No construction is undertaken in or within 50 feet of the bank of the stream channel.
      6. The accessory structure or addition must be properly anchored to prevent its movement during flood conditions.
      7. Only one accessory structure or addition to an existing structure shall be authorized by this permit; plans for any subsequent addition must be submitted to IDNR/OWR for review.
      8. Disturbances of vegetation shall be kept to a minimum during construction to prevent erosion and sedimentation. All disturbed floodway areas shall be seeded or otherwise stabilized upon completion of construction.
   10. Minor maintenance dredging activities meeting the following conditions of IDNR/OWR statewide Permit Number 11:
       1. The affected length of the stream shall not either singularly or cumulatively exceed 1,000 feet.
       2. The project shall not include the construction of any new channel; all work must be confined to the existing channel or to reestablishing flows in the natural stream channel; and
       3. The cross-sectional area of the dredged channel shall conform to that of the natural channel upstream and downstream of the site.
       4. Dredged or spoil material shall not be disposed of in a wetland and shall be either:
          1. Removed from the floodway;
          2. Used to stabilize an existing bank, provided no materials would be placed higher than the existing top of bank and provided the cross-sectional area of the natural channel would not be reduced by more than ten percent, nor the volume of material placed exceed two cubic yards per lineal foot of streambank;
          3. Used to fill an existing washed out or scoured floodplain area such that the average natural floodplain elevation is not increased;
          4. Used to stabilize and existing levee, provided the height of the levee would not be increased nor its alignment changed;
          5. Placed in a disposal site previously approved by the department in accordance with the conditions of the approval; or
          6. Used for beach nourishment, provided the material meets all applicable water quality standards.
       5. Disturbance of streamside vegetation shall be kept to a minimum during construction to prevent erosion and sedimentation. All disturbed floodway areas, including the stream banks, shall be seeded or otherwise stabilized upon completion of construction.
   11. Bridge and culvert replacement structures and bridge widening meeting the following conditions of IDNR/OWR statewide Permit Number 12:
       1. A licensed professional engineer shall determine and document that the existing structure has not been the cause of demonstrable flood damage. Such documentation shall include, at a minimum, confirmation that:
          1. No buildings or structures have been impacted by the backwater induced by the existing structure; and
          2. There is no record of complaints of flood damages associated with the existing structure.
       2. A licensed professional engineer shall determine that the new structure will provide the same or greater effective waterway opening as the existing structure. For bridge widening projects the existing piers and the proposed pier extensions must be in line with the direction of the approaching flow upstream of the bridge.
       3. The project shall not include any appreciable raising of the approach roads. (This condition does not apply if all points on the approaches exist at an elevation equal to or higher than the 100-year frequency flood headwater elevation as determined by a FEMA flood insurance study completed or approved by IDNR/OWR).
       4. The project shall not involve the straightening, enlargement or relocation of the existing channel of the river or stream except as permitted by the department's statewide Permit Number 9 (minor shoreline, channel and streambank protection activities) or statewide Permit Number 11 (minor maintenance dredging activities).
       5. The permittee shall maintain records of projects authorized by this permit necessary to document compliance with the above conditions.
   12. Temporary construction activities meeting the following conditions of IDNR/OWR statewide Permit Number 13:
       1. No temporary construction activity shall be commenced until the individual permittee determines that the permanent structure (if any) for which the work is being performed has received all required federal, state and local authorizations.
       2. The term "temporary" means not more than one construction season. All temporary construction materials must be removed from the stream and floodway within one year of their placement and the area returned to the conditions existing prior to the beginning of construction. Any desired subsequent or repetitive material placement shall not occur without the review and approval of the IDNR/OWR.
       3. The temporary project shall be constructed such that it will not cause erosion or damage due to increases in water surface profiles to adjacent properties. For locations where there are structures in the upstream floodplain, the temporary project shall be constructed such that all water surface profile increases, due to the temporary project, are contained within the channel banks.
       4. This permit does not authorize the placement or construction of any solid embankment or wall such as a dam, roadway, levee, or dike across any channel or floodway.
       5. No temporary structure shall be placed within any river or stream channel until a licensed professional engineer determines and documents that the temporary structure will meet the requirements of Special Condition Number 3 of this statewide permit. Such documentation shall include, at a minimum, confirmation that no buildings or structures will be impacted by the backwater induced by the temporary structure.
       6. The permittee shall maintain records of projects authorized by this permit necessary to document compliance with the above conditions.
       7. Disturbance of vegetation shall be kept to a minimum during construction to prevent erosion and sedimentation. All disturbed areas shall be seeded or otherwise stabilized upon completion of the removal of the temporary construction.
       8. Materials used for the project shall not cause water pollution as defined by the Environmental Protection Act (415 ILCS 5).
   13. Any development determined by IDNR/OWR to be located entirely within a flood fringe area shall be exempt from state floodway permit requirements.
2. Other development activities not listed in subsection (a) of this section may be permitted only if:
   1. A permit has been issued for the work by IDNR/OWR (or written documentation is provided that an IDNR/OWR permit is not required); or
   2. Sufficient data has been provided to FEMA when necessary, and approval obtained from FEMA for a revision of the regulatory map and base flood elevation.

(Code 2024, § 9.18.6)

1. In addition to the damage prevention requirements of HVC 46.32.060, all buildings located in the floodplain shall be protected from flood damage below the flood protection elevation. This building protection requirement applies to the following situations:
   1. Construction or placement of a new building or alteration or addition to an existing building valued at more than $1,000.00 or 70 square feet.
   2. Substantial improvements or structural alterations made to an existing building that increase the floor area by more than 20 percent or equal or exceed the market value by 50 percent. Alteration shall be figured cumulatively during a ten-year period. If substantially improved, the existing structure and the addition must meet the flood protection standards of this section.
   3. Repairs made to a substantially damaged building. These repairs shall be figured cumulatively during a ten-year period. If substantially damaged, the entire structure must meet the flood protection standards of this section.
   4. Installing a manufactured home on a new site or a new manufactured home on an existing site. (The building protection requirements do not apply to returning a manufactured home to the same site it lawfully occupied before it was removed to avoid flood damage.)
   5. Installing a travel trailer or recreational vehicle on a site for more than 180 days per year.
   6. Repetitive loss to an existing building as defined in HVC 46.32.020.
2. Residential or nonresidential buildings can meet the building protection requirements by one of the following methods:
   1. The building may be constructed on permanent land fill in accordance with the following:
      1. The lowest floor (including basement) shall be at or above the flood protection elevation;
      2. The fill shall be placed in layers no greater than six inches before compaction and should extend at least ten feet beyond the foundation before sloping below the flood protection elevation;
      3. The fill shall be protected against erosion and scour during flooding by vegetative cover, riprap, or other structural measure;
      4. The fill shall be composed of rock or soil and not incorporated debris or refuse material; and
      5. The fill shall not adversely affect the flow of surface drainage from or onto neighboring properties and when necessary stormwater management techniques such as swales or basins shall be incorporated.
   2. The building may be elevated on solid walls in accordance with the following:
      1. The building or improvements shall be elevated on stilts, piles, walls, crawlspace, or other foundation that is permanently open to floodwaters;
      2. The lowest floor and all electrical, heating, ventilating, plumbing, and air conditioning equipment and utility meters shall be located at or above the flood protection elevation;
      3. If walls are used, all enclosed areas below the flood protection elevation shall address hydrostatic pressures by allowing the automatic entry and exit of floodwaters. Designs must either be certified by a licensed professional engineer or by having a minimum of one permanent opening on each wall no more than one foot above grade with a minimum of two openings. The openings shall provide a total net area of not less than one square inch for every one square foot of enclosed area subject to flooding below the base flood elevation; and
      4. The foundation and supporting members shall be anchored, designed, and certified so as to minimize exposure to hydrodynamic forces such as current, waves, ice, and floating debris.
         1. All structural components below the flood protection elevation shall be constructed of materials resistant to flood damage;
         2. Water and sewer pipes, electrical and telephone lines, submersible pumps, and other service facilities may be located below the flood protection elevation, provided they are waterproofed;
         3. The area below the flood protection elevation shall be used solely for parking or building access and not later modified or occupied as habitable space; or
         4. In lieu of the criteria of subsections (b)(2)d.1 through 3 of this section, the design methods to comply with these requirements may be certified by a licensed professional engineer or architect.
   3. The building may be constructed with a crawlspace located below the flood protection elevation, provided that the following conditions are met:
      1. The building must be designed and adequately anchored to resist flotation, collapse, and lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;
      2. Any enclosed area below the flood protection elevation shall have openings that equalize hydrostatic pressures by allowing for the automatic entry and exit of floodwaters. A minimum of one opening on each wall having a total net area of not less than one square inch per one square foot of enclosed area. The openings shall be no more than one foot above grade;
      3. The interior grade of the crawlspace below the flood protection elevation must not be more than two feet below the lowest adjacent exterior grade;
      4. The interior height of the crawlspace measured from the interior grade of the crawlspace to the top of the foundation wall must not exceed four feet at any point;
      5. An adequate drainage system must be installed to remove floodwaters from the interior area of the crawlspace within a reasonable period of time after a flood event;
      6. Portions of the building below the flood protection elevation must be constructed with materials resistant to flood damage; and
      7. Utility systems within the crawlspace must be elevated above the flood protection elevation.
3. Nonresidential buildings may be structurally dry floodproofed (in lieu of elevation), provided a licensed professional engineer or architect certifies that:
   1. Below the flood protection elevation the structure and attendant utility facilities are watertight and capable of resisting the effects of the base flood.
   2. The building design accounts for flood velocities, duration, rate of rise, hydrostatic and hydrodynamic forces, the effects of buoyancy, and the impact from debris and ice.
   3. Floodproofing measures will be incorporated into the building design and operable without human intervention and without an outside source of electricity.
   4. Levees, berms, floodwalls and similar works are not considered floodproofing for the purpose of this subsection (c).
4. Manufactured homes or travel trailers to be permanently installed on site shall be:
   1. Elevated to or above the flood protection elevation in accordance with subsection (b) of this section; and
   2. Anchored to resist flotation, collapse, or lateral movement by being tied down in accordance with the rules and regulations for the Illinois Mobile Home Tie-Down Act issued pursuant to 77 Ill. Admin. Code 870.
5. Travel trailers and recreational vehicles on site for more than 180 days per year shall meet the elevation requirements of subsection (d) of this section, unless the following conditions are met:
   1. The vehicle must be either self-propelled or towable by a light-duty truck.
   2. The hitch must remain on the vehicle at all times.
   3. The vehicle must not be attached to external structures, such as decks and porches.
   4. The vehicle must be designed solely for recreation, camping, travel, or seasonal use rather than as a permanent dwelling.
   5. The vehicle's largest horizontal projections must be no larger than 400 square feet.
   6. The vehicle's wheels must remain on axles and inflated.
   7. Air conditioning units must be attached to the frame so as to be safe for movement of the floodplain.
   8. Propane tanks as well as electrical and sewage connections must be quick-disconnect and above the 100-year flood elevation.
   9. The vehicle must be licensed and titled as a recreational vehicle or park model, and must either:
      1. Entirely be supported by jacks; or
      2. Have a hitch jack permanently mounted, have the tires touching the ground and be supported by block in a manner that will allow the block to be easily removed by used of the hitch jack.
6. Garages, sheds or other minor accessory structures constructed ancillary to an existing residential use may be permitted, provided the following conditions are met:
   1. The garage or shed must be non-habitable.
   2. The garage or shed must be used only for the storage of vehicles and tools and cannot be modified later into another use.
   3. The garage or shed must be located outside of the floodway or have the appropriate state or federal permits.
   4. The garage or shed must be on a single-family lot and be accessory to an existing principal structure on the same lot.
   5. Below the base flood elevation, the garage or shed must be built of materials not susceptible to flood damage.
   6. All utilities, plumbing, heating, air conditioning and electrical must be elevated above the flood protection elevation.
   7. The garage or shed must have at least one permanent opening on each wall not more than one foot above grade with one square inch of opening for every one square foot of floor area.
   8. The garage or shed must be less than $10,000.00 in market value or replacement cost, whichever is greater, or less than 500 square feet.
   9. The structure shall be anchored to resist floatation and overturning.
   10. All flammable or toxic materials (gasoline, paint, insecticides, fertilizers, etc.) shall be stored above the flood protection elevation.
   11. The lowest floor elevation should be documented and the owner advised of the flood insurance implications.

(Code 2024, § 9.18.7)

1. The board of trustees shall take into account hazards, to the extent that they are known, in all official actions related to land management use and development.
2. New subdivisions, manufactured home parks, annexation agreements, planned unit developments, and additions to manufactured home parks and subdivisions shall meet the damage prevention and building protections standards of HVC 46.32.060 and 46.32.070. Any proposal for such development shall include the following data:
   1. The base flood elevation and the boundary of the floodplain, where the base flood elevation is not available from an existing study, the applicant shall be responsible for calculating the base flood elevation;
   2. The boundary of the floodway when applicable; and
   3. A signed statement by a registered professional engineer that the proposed plat or plan accounts for changes in the drainage of surface waters in accordance with the Plat Act (765 ILCS 205/2). Streets, blocks lots, parks and other public grounds shall be located and laid out in such a manner as to preserve and utilize natural streams and channels. Where possible, the floodplains shall be included within parks or other public grounds.

(Code 2024, § 9.18.8)

1. Public health standards must be met for all floodplain development. In addition to the requirements of HVC 46.32.060 and 46.32.070, the following standards apply:
   1. No development in the floodplain shall include locating or storing chemicals, explosives, buoyant materials, flammable liquids, pollutants, or other hazardous or toxic materials below the flood protection elevation unless such materials are stored in a floodproofed and anchored storage tank and certified by a professional engineer or floodproofed building constructed according to the requirements of HVC article 46.12, division IV.
   2. Public utilities and facilities such as sewer, gas and electric shall be located and constructed to minimize or eliminate flood damage.
   3. Public sanitary sewer systems and water supply systems shall be located and constructed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters.
   4. New and replacement on-site sanitary sewer lines or waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding. Manholes or other above-ground openings located below the flood protection elevation shall be watertight.
   5. Construction of new or substantially improved critical facilities shall be located outside the limits of the floodplain. Construction of new critical facilities shall be permissible within the floodplain if no feasible alternative site is available. Critical facilities constructed within the SFHA shall have the lowest floor (including basement) elevated or structurally dry floodproofed to the 500-year flood frequency elevation or three feet above the level of the 100-year flood frequency elevation, whichever is greater. Floodproofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into floodwaters. Access routes elevated to or above the level of the base flood elevation shall be provided to all critical facilities.
2. All other activities defined as development shall be designed so as not to alter flood flows or increase potential flood damages.

(Code 2024, § 9.18.9)

For all projects involving channel modification, fill, or stream maintenance (including levees), the flood-carrying capacity of the watercourse shall be maintained. In addition, the village shall notify adjacent communities in writing 30 days prior to the issuance of a permit for the alteration or relocation of the watercourse.

(Code 2024, § 9.18.10)

When the standards of this article place undue hardship on a specific development proposal, the applicant may apply to the zoning board of appeals for a variance. The zoning board of appeals shall review the applicant's request for a variance and shall submit its recommendation to the board of trustees. The board of trustees may attach such conditions to granting of a variance as it deems necessary to further the intent of this article.

1. No variance shall be granted unless the applicant demonstrates that all of the following conditions are met:
   1. The development activity cannot be located outside the floodplain.
   2. An exceptional hardship would result if the variance were not granted.
   3. The relief requested is the minimum necessary.
   4. There will be no additional threat to public health, safety or creation of a nuisance.
   5. There will be no additional public expense for flood protection, rescue or relief operations, policing, or repairs to roads, utilities, or other public facilities.
   6. The applicant's circumstances are unique and do not establish a pattern inconsistent with the intent of the NFIP; and
   7. All other state and federal permits have been obtained.
2. The zoning board of appeals shall notify an applicant in writing that a variance from the requirements of the building protections standards of HVC 46.32.070 that would lessen the degree of protection to a building will:
   1. Result in increased premium rates for flood insurance up to $25.00 per $100.00 of insurance coverage;
   2. Increase the risk to life and property; and
   3. Require that the applicant proceed with knowledge of these risks and that the applicant acknowledge in writing the assumption of the risk and liability.
3. Variances to the building protection requirements of HVC 46.32.070, which are requested in connection with reconstruction, repair, or alteration of a historic site or historic structure as the term "historic structure" is defined in HVC 46.32.020, may be granted using criteria more permissive than the requirements of sections 46.32.060 and 46.32.070, subject to the conditions that:
   1. The repair or rehabilitation is the minimum necessary to preserve the historic character and design of the structure.
   2. The repair or rehabilitation will not result in the structure being removed as a certified historic structure.

(Code 2024, § 9.18.11)

The degree of protection required by this article is considered reasonable for regulatory purposes and is based on available information derived from engineering and scientific methods of study. Larger floods may occur or flood heights may be increased by man-made or natural causes. This article does not imply that development either inside or outside of the floodplain will be free from flooding or damage. This article does not create liability on the part of the village or any officer or employee thereof for any flood damage that results from proper reliance on this article or any administrative decision made lawfully thereunder.

(Code 2024, § 9.18.12)

Failure to obtain a permit for development in the floodplain or failure to comply with the conditions of a permit or a variance shall be deemed to be a violation of this article. Upon due investigation, the building inspector may determine that a violation of the minimum standards of this article exists. The building inspector shall notify the owner in writing of such violation.

1. If such owner fails after ten days notice to correct the violation:
   1. The village shall make application to the circuit court for an injunction requiring conformance with this article or make such other order as the court deems necessary to secure compliance with this article.
   2. Any person who violates this article shall, upon conviction thereof, be fined not less than $50.00 or more than $750.00 for each offense.
   3. A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues; and
   4. The village shall record a notice of violation on the title of the property.
2. The building inspector shall inform the owner that any such violation is considered a willful act to increase flood damages and therefore may cause coverage by a standard flood insurance policy to be suspended. The building inspector is authorized to issue an order requiring the suspension of the subject development. The stop work order shall be in writing, indicate the reason for the issuance, and shall order the action, if necessary, to resolve the circumstances requiring the stop work order. The stop work order constitutes a suspension of the permit. No site development permit shall be permanently suspended or revoked until a hearing is held by the board of appeals. Written notice of such hearing shall be served on the permittee and shall state:
   1. The grounds for the complaint, reasons for suspension or revocation; and
   2. The time and place of the hearing.
   At such hearing, the permittee shall be given an opportunity to present evidence on their behalf. At the conclusion of the hearing, the board of appeals shall determine whether the permit shall be suspended or revoked.
3. Nothing herein shall prevent the village from taking such other lawful action to prevent or remedy any violations. All costs connected therewith shall accrue to the person responsible.

(Code 2024, § 9.18.13)

For the purpose of this chapter, the village is organized into the following zoning districts:

1. Residential districts.
   1. R-1 Single-Family Residence District.
   2. R-2 Two-Family Residence District.
   3. R-3 General Residence District.
2. Commercial districts.
   1. C-1 Neighborhood Commercial District.
   2. C-2 General Commercial District.
3. Industrial districts.
   1. I-1 Light Industrial District.
   2. I-2 General Industrial District.
4. Agricultural districts.
   1. AG-1 Agricultural District.
   2. AG-2 Agricultural Suburban District.

(Code 2024, § 9.3.1)

The location and boundaries of the zoning districts established by this chapter are set forth on the map entitled "Zoning Map" which is herein and made a part of this chapter. Said map, together with everything shown thereon and all amendments thereto, shall be as much a part of this chapter as though fully set forth and described herein.

(Code 2024, § 9.3.2)

Where uncertainty exists with respect to the precise location of any of the districts shown on the zoning map, the following rules shall apply:

1. Boundaries shown as following or approximately following streets, highways or alleys shall be construed to follow the centerlines of such streets, highways or alleys;
2. Boundaries shown as following or approximately following platted lot lines or other property lines shall be construed to be the boundary lines;
3. Boundaries shown as following or approximately following the centerlines of streams, rivers, or other continuously flowing watercourse shall be construed as following the channel centerline of such watercourses taken at a mean low-water mark;
4. Boundaries shown as following or closely following the village limits of the village shall be construed as following such limits;
5. Where the application of the rules leaves a reasonable doubt as to the boundaries between two districts, the regulations of the more restrictive district shall govern the entire parcel in question, unless otherwise determined by the board of appeals; and
6. When any street, alley or other public easement is vacated, the district classification of the property to which the vacated portions of land accrue shall become the classification of the vacated land.

(Code 2024, § 9.3.3)

All territory which may be annexed to the village shall be classed according to the primary use of the land at the time of annexation into the village as determined by the president and board of trustees.

(Code 2024, § 9.3.4)

Except as hereinafter provided, no building, structure or land shall be erected, constructed, reconstructed, occupied, moved, altered or repaired, except in conformity with the regulations hereinafter specified for the class of district in which it is located.

(Code 2024, § 9.4.1)

1. Minimum street frontage. No lot shall be created after the adoption of the ordinance from which this chapter is derived unless it abuts at least 20 feet on a public street and has access thereto.
2. Lot of record. In any residence district on a lot of record at the time of enactment of the ordinance from which this chapter is derived, a single-family dwelling may be established regardless of the size of the lot, provided all other requirements of this chapter are complied with. However, where two or more undeveloped lots of record prior to the adoption of the ordinance from which this chapter is derived are held in common ownership, they shall be considered as a single zoning lot for purposes of this chapter, unless each has a lot area no more than ten percent less than the required minimum lot area for the district in which they are located.
3. Number of buildings on a zoning lot. Except in the case of planned developments, not more than one principal detached residential building shall be located on a zoning lot, nor shall a principal detached residential building be located on the same zoning lot with any other principal building.
4. Lots not served by sewer and/or water. In any residential district where neither central water supply nor central sewerage system are reasonably available, one single-family detached dwelling may be constructed, provided the otherwise specified lot area and width requirements shall be a minimum of 20,000 square feet, and 100 feet respectively; further provided, however, that where either a public water supply system or a public sanitary sewer system is accessible these requirements shall be 10,000 square feet and 75 feet respectively, except as hereinafter required.

(Code 2024, § 9.4.2)

1. Time of construction. No accessory buildings or structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory.
2. Percentage of required yard occupied. No detached accessory building shall occupy more than 50 percent of the area of a required rear yard.
3. Height of accessory building. No detached accessory building or structure shall exceed the height of the principal building or structure.
4. Location on a lot. No accessory building shall be erected in any front yard. Accessory buildings shall be no closer than five feet from all lot lines of adjoining lots which are in any residence district and at least six feet from alley lines. If an accessory building is created on either side of the principal building, it shall not encroach on the required side yard.

(Code 2024, § 9.4.3)

No lot, yard, court parking area or other open space shall be so reduced in area or dimension as to make any such area or dimension less than the minimum required by this chapter, and, if already less than the minimum required, it shall not be further reduced. No required open space provided about any building or structure shall be included as part of any open space required for another building or structure.

(Code 2024, § 9.4.4)

The conversion of any building into a dwelling, or the conversion of any dwelling so as to accommodate an increased number of dwelling units of families, shall be permitted only within a district in which a new building for similar occupancy would be permitted under this chapter, and only when the resulting occupancy will comply with the requirements governing new construction in such district with respect to minimum lot size, lot area per dwelling unit, dimensions of yards and other open spaces and off-street parking. Each conversion shall be subject also to such further requirements as may be specified hereinafter within the article applying to such district.

(Code 2024, § 9.4.5)

In a residence district on any corner lot, no fence, structure or planting shall be erected or maintained, or any vehicle parked within 20 feet of the corner so as to interfere with traffic visibility across the corner.

(Code 2024, § 9.4.6)

Nothing herein contained shall require any change in the overall layout, plans, construction, size or designated uses or any development, building, structure or part thereof, for which the official approvals and required building permits have been granted before the enactment of the ordinance from which this chapter is derived, the construction of which, conforming with such plans, shall have been started prior to the effective date of the ordinance from which this chapter is derived and the completion therefor carried on in a normal manner within the subsequent six-month period, and not discontinued until completion, except for reasons beyond the builder's control.

(Code 2024, § 9.4.7)

The residential use of buildings or structures consisting solely of primarily a basement or cellar shall be prohibited. The residential use of all or a portion of a basement or cellar which is part of a conventionally designed building shall comply with all other applicable buildings, health, fire, and safety or housing regulations.

(Code 2024, § 9.4.8)

1. Home occupation, major. Major home occupations are home occupations that:
   1. Shall be conducted entirely within a dwelling unit and carried on by the inhabitants thereof and no other.
   2. Shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes, and the appearance of the structure shall not be altered or the occupation within the residence be conducted in such a manner that would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, signs, or the emission of sounds or vibrations that carry beyond the premises.
   3. Shall have no more than 200 square feet of floor area used for the home occupation.
   4. Shall have no signs present on the property except for one wall sign, not to exceed two square feet, indicating the name of the occupant, for example, "Joe Doe - Accountant."
   5. Shall not be conducted on the premises the business of selling stocks of merchandise, supplies or products, provided that incidental retail sales may be made in connection with other permitted home occupations, for example, a single-chair beauty parlor would be allowed to sell combs, hair spray, and other merchandise items to customers. However, a dressmaker would be required to do only custom work for specified clients and would not be allowed to develop stocks of dresses for sale to the general public on site.
   6. Shall have no storage or display of goods visible from outside the structure.
   7. Shall have no highly explosive or combustible material used or stored on the premises unless approved by the fire inspector. No activity shall be allowed that would interfere with radio or television reception in the area, nor shall there be any offensive noise, vibration, smoke, dust, odors, heat, or glare noticeable at or beyond the property line.
   8. Shall not create greater vehicle or pedestrian traffic than normal for the district in which it is located.
   9. Shall have adequate off-street parking spaces available to compensate for additional parking needs generated.
   10. Shall have no use of material or equipment not recognized as being part of the normal practices of owning and maintaining a residence.
   11. Shall have no deliveries from commercial suppliers made more than once a week, and the deliveries shall not be made from semi-tractor trailers.
   12. Shall include, but are not necessarily limited to, the following:
       1. Single-chair beauty parlors and barbershops;
       2. Photo developing and printing;
       3. Organized classes with up to six students at a time;
       4. Television and other electric or electronic repair, excluding major appliances such as refrigerators or storage;
       5. Upholstering;
       6. Dressmaking and millinery; and
       7. Woodworking, excluding cabinet making.
       8. Any other similar uses deemed to be consistent by the appropriate authority.
2. Home occupation, minor.
   1. Minor home occupations are home occupations that:
      1. Shall be conducted entirely within a dwelling unit and carried on by the inhabitants thereof and no other.
      2. Shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes, and the appearance of the structure shall not be altered or the occupation within the residence be conducted in such a manner that would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, signs, or the emission of sounds or vibrations that carry beyond the premises.
      3. Shall have no more than 200 square feet of floor area used for the home occupation.
      4. Shall be no advertising, display, or other indications of a home occupation on the premises.
      5. Shall not be conducted on the premises the business of selling stocks of merchandise, supplies or products, provided that orders previously made by telephone or at a sales party may be filled on the premises. That is, direct sales of products off display shelves, racks or from inventory is not allowed, but a person may pick up an order placed earlier as described above.
      6. Shall have no storage or display of goods visible from outside the structure.
      7. Shall have no highly explosive or combustible material used or stored on the premises unless approved by the fire inspector. No activity shall be allowed that would interfere with radio or television reception in the area, nor shall there be any offensive noise, vibration, smoke, dust, odors, heat, or glare noticeable at or beyond the property line.
      8. Shall not create greater vehicle or pedestrian traffic than normal for the district in which it is located.
      9. Shall have no use of material or equipment not recognized as being part of the normal practices of owning and maintaining a residence.
      10. Notwithstanding any provision contained herein to the contrary, garage, basement, yard or other similar sales shall not be allowed more than twice a year, and each sale shall not last more than 72 consecutive hours, and only goods which have been generated from within the household and not purchased elsewhere for resale. Sales shall be conducted on the owner's property except that multiple-family sales are permitted if they are held on the property of one of the participants and any and such sale shall be considered to be a sale for all participants.
      11. Deliveries from commercial suppliers may be made more than once a week, and the deliveries shall not be made from semi-tractor trailers.
      12. Shall include, but are not necessarily limited to, the following:
          1. Artists and sculptors;
          2. Authors, desktop publishers and composers;
          3. Home crafts for sale off site;
          4. Office facility of clergy;
          5. Office facility of a salesman, sales representative or manufacturer's representative, provided that no transactions are made in person on the premises;
          6. Address of convenience used solely for receiving and making telephone calls, including computer usage, mail, keeping business records in connection with a profession or occupation;
          7. Individual tutoring;
          8. Preserving and home cooking for sale off site;
          9. Individual instrument and vocal instruction, provided that no instrument may be amplified;
          10. Telephone solicitation work;
          11. Any other similar uses deemed to be consistent by the appropriate authority.
   2. Professional offices are not allowed in minor home occupations.

(Code 2024, § 9.4.9)

The R-1 Single-Family Residence District is the most restrictive residential district. The principal use of land is for single-family dwelling and for related recreational, religious and educational facilities normally required to provide an orderly and attractive residential area. These residential areas are intended to be defined and protected from encroachment of uses which are not appropriate to a residential environment. Internal stability, attractiveness, order and efficiency are encouraged by providing for adequate light, air and open space for dwellings and related facilities and through consideration of the proper functional relationship of the different uses.

(Code 2024, § 9.5.1)

Property and buildings in an R-1 Single-Family Residence District shall be used only for the following purposes:

1. Single-family dwellings.
2. Essential services.
3. Home occupations, minor.
4. Child care center.
5. Day care home.
6. Foster family homes.
7. Accessory buildings not to exceed 1,000 square feet in size.
8. Short-term rental, as long as the following conditions are met:
   1. A registration for a short-term rental shall be accompanied by the following information. As long as the registration is fully completed and accurate, the use shall be permitted.
      1. A statement as to whether the owner or any other person with an ownership interest in the property on which the short-term rental is proposed to be located has ever been convicted in any jurisdiction of any felony;
      2. Proof from the owner of the subject property on which the short-term rental is proposed to be located that the property is his, her or their primary residence; and
      3. The names, addresses, ownership interest and current contact information for the owner of such property; and
      4. If the proposed short-term rental property is subject to regulations or restrictions by a property owners' association or condominium association, the owner must provide documentary evidence that the applicable association or board has approved the use of the subject property as a short-term rental.
      5. Plat of survey of the subject property, floor plan of the principal building on the subject property along with a plan depicting the proposed parking of cars, with at least one off-street parking space, and the proposed occupancy of the subject property and an aerial image of the proposed short-term rental property that also reflects all adjacent properties.
      6. Report of inspection from a licensed inspector that the property is in good condition and habitable for use as short-term rental.
      7. Documentation demonstrating that the owner has occupied the subject property for no less than 275 days out of the calendar year as his or her primary residence or, if the owner has not owned the subject property for the full preceding calendar year, for no less than 75 percent of the days he or she has owned the subject property.
      8. Name, phone number, email address, and address of owner or owner's representative who must reside within ten miles of the short-term rental property and who shall be responsible for immediately responding to any calls from the village or the sheriff and who will have the names and contact information of every guest available to provide to the village immediately upon request.
   2. Signage may not exceed one square foot in area.

(Code 2024, § 9.5.2; Ord. No. 2024-0, § 2)

The following uses in the R-1 district may be permitted on review by the board of appeals in accordance with the provisions contained in this chapter:

1. Church or temple.
2. Public school or school offering general educational courses the same as ordinarily given in public schools.
3. Public library and similar public culture uses, located not less than 20 feet from any side lot line in any residence district.
4. Park, playground and community center.
5. Municipal administrative or public service building or properties, except such cases as storage yard, warehouse, garage or other uses customarily conducted as gainful business, provided any building is located not less than 20 feet from any lot in any residence district.
6. Branch telephone exchange, transformer station and booster or pressure regulating station without service yard storage.
7. Cemeteries.
8. Telecommunication towers.
9. Home occupations, major.
10. Bed and breakfasts.
11. Accessory buildings between 1,000 square feet and no larger than 1,200 square feet in size.

(Code 2024, § 9.5.3; Ord. No. 2024-0, § 2)

No building or structure shall exceed three stories or 35 feet in height in the R-1 district.

(Code 2024, § 9.5.4)

1. Lot area. All lots shall be served by a public water supply and a public central sewerage system, and each lot shall have a minimum lot area of 7,500 square feet, except as specified in sections 46.12.050 through 46.12.130.
2. Frontage and yard requirements. The following minimum requirements shall be observed in the R-1 district:
   
   

   Lot width	65 feet
   Front yard depth	25 feet
   Side yard least width	7 feet
   Rear yard depth	30 feet

(Code 2024, § 9.5.5)

1. No electrical distribution or transmission line with a capacity to transmit electric energy in excess of 25 kilovolts shall be installed overhead or underground, nor operated over, across or along public streets, alleys and public ways within the boundaries of the village, except by a public utility having a valid village franchise.
2. No electric distribution or transmission poles in excess of 50 feet in height above the ground shall be installed over, across or along public streets, alleys or public ways within the boundaries of the village, except by public utility having a valid village franchise.

(Code 2024, § 9.5.6)

The R-2 Two-Family Residence District is a residential district which provides for a slightly higher population density, but with basic regulations similar to the R-1 district. The principal use of land is for single- and two-family dwellings and for related recreational, religious and educational facilities normally required to provide a balanced and attractive residential area. Internal stability, attractiveness order and efficiency are encouraged by providing for adequate light, air and open space for dwellings and related facilities and through consideration of the different uses.

(Code 2024, § 9.6.1)

Property and buildings in an R-2 Two-Family Residence District shall be used only for the following purposes:

1. Any use permitted in the R-1 Single-Family Residence District.
2. Two-family dwellings.
3. Home occupations, minor.
4. Bed and breakfasts.
5. Care home, small residential.
6. Child care center.
7. Day care home.
8. Foster group homes.
9. Halfway house/group home.

(Code 2024, § 9.6.2)

The following uses in an R-2 district may be permitted on review by the board of appeals in accordance with the provisions contained herein:

1. Any use permitted on review in the R-1 Single-Family Residence District.
2. Private clubs or lodges, except those whose chief activity is a service customarily carried on as a business, provided any buildings are located not less than 20 feet from any lot in any residence district.
3. Parking areas accessory to a use in an adjoining less restricted district when abutting or directly across an alley, subject to the applicable conditions contained herein and such further conditions may be stipulated by the board of appeals.
4. Day care center.
5. Telecommunications towers.
6. Home occupations, major.
7. Planned unit development.

(Code 2024, § 9.6.3)

No building or structure in an R-2 district shall exceed three stories or 35 feet in height.

(Code 2024, § 9.6.4)

1. Lot area. All lots shall be served by a public water supply and public central sewerage system and each one-family residence shall be located on a lot containing at least 6,000 square feet and each structure containing more than one family shall be located on a lot having at least 4,500 square feet for each dwelling unit.
2. Frontage and yard area requirements. The following minimum requirements shall be observed in an R-2 district:
   
   

   Single-Family Dwelling
   Lot width	60 feet
   Front yard depth	25 feet
   Side yard least width	7 feet
   Rear year depth	30 feet
   Two-Family Dwelling
   Lot width	90 feet
   Front yard depth	25 feet
   Side yard least width	7 feet
   Rear yard depth	30 feet

(Code 2024, § 9.6.5)

The R-3 General Residence District is a residential district which provides for medium and high population density. The principal use of land may range from single-family to multiple-family dwelling units. Certain uses are permitted which are more compatible with intensive residential use than with commercial uses. The recreational, religious and educational facilities normally required to provide an orderly and attractive residential area are included. Internal stability, attractiveness, order and efficiency are encouraged by providing for adequate light, air and open space for dwellings and related facilities and thorough consideration of the proper functional relationships of each use permitted in the district.

(Code 2024, § 9.7.1)

Property and buildings in an R-3 General Residence District shall be used only for the following purposes:

1. Multiple-family dwellings.
2. Two-family dwellings.
3. Home occupations, minor.
4. Care home, large residential.
5. Day care center.
6. Foster group home.
7. Halfway house/group home.
8. Planned unit development.

(Code 2024, § 9.7.2)

The following uses in an R-3 district may be permitted on review by the board of appeals in accordance with the provisions contained in this chapter:

1. Any use permitted on review in the R-2 Two-Family Residence District.
2. Any use permitted on review in the R-1 Single-Family Residence District.
3. Public and private school for academic instruction, including dormitories.
4. Hospitals, sanitariums and nursing homes.
5. Institutions of a religious, educational or philanthropic nature.
6. Physicians' and dentists' offices and private clinics for human care; professional offices of architects, engineers, lawyers and the like; barber and beauty shops; offices devoted to real estate insurance, management and similar enterprises when not displaying or handling merchandise on the premises. The buildings permitted under this subsection shall be of a design and location compatible with the permitted residential uses.
7. Boardinghouses and lodginghouses.
8. Telecommunications towers.
9. Home occupations, major.

(Code 2024, § 9.7.3)

No building or structure in the R-3 district shall exceed three stories or 40 feet in height.

(Code 2024, § 9.7.4)

1. Lot area. All lots shall be served by a public water supply and public central sewerage system and the following minimum lot area requirements shall be observed:
   
   

   Single-family dwelling	6,000 square feet
   Two-family dwelling	9,000 square feet
   Multiple-family dwelling	3,500 square feet per dwelling unit
   Boardinghouse and lodginghouse	9,000 square feet

2. Frontage and yard requirements. The following minimum requirements shall be observed in the R-3 district:
   
   

   Single-Family Dwelling
   Lot width	60 feet
   Front yard depth	25 feet
   Side yard least width	7 feet
   Rear yard depth	30 feet
   Two-Family Dwelling
   Lot width	90 feet
   Front yard depth	25 feet
   Side yard least width	7 feet
   Rear yard depth	30 feet
   Multiple-Family Dwelling
   Lot Width	100 feet
   Front yard depth	25 feet
   Side yard least width	12 feet
   Rear yard depth	30 feet
   Boardinghouse and Lodginghouse
   Lot width	90 feet
   Front yard depth	25 feet
   Side yard least width	7 feet
   Rear yard depth	30 feet

(Code 2024, § 9.7.5)

The C-1 Neighborhood Commercial District is for the conduct of retail trade and personal service enterprises to meet the regular needs and for the convenience of the people of adjacent residential areas. Because these shops and stores may be an integral part of the neighborhood closely associated with residential, religious, recreational and educational uses, more restrictive requirements for light, air, open space and off-street parking are made that are provided in the other commercial district.

(Code 2024, § 9.8.1)

Property and buildings in a C-1 Neighborhood Commercial District shall be used only for the following purposes:

1. Antique shop.
2. Appliance store.
3. Art and school supply store.
4. Bank and other financial institution.
5. Barbershop.
6. Beauty shop.
7. Book or stationary store, except adult book store.
8. Camera shop.
9. Candy store.
10. Community center.
11. Computer sales and service, including software sales.
12. Dairy products or ice cream store.
13. Day care center.
14. Day care home.
15. Drug store.
16. Florist shop.
17. Food store, grocery store, meat market, fish market, bakery and delicatessen.
18. Gift shop.
19. Hardware store.
20. Jewelry store.
21. Municipal administrative or public service office.
22. Music and dancing studio.
23. Optometrist sales and service.
24. Package liquor sales.
25. Photographer or artist studio.
26. Physician's and dentist's office and private clinic for human care.
27. Professional and business office.
28. Public library and similar public culture uses.
29. Restaurant, except a drive-in restaurant and one serving alcoholic beverages.
30. Self-service laundry or dry cleaning.
31. Shoe repair shop.
32. Tailor shop.
33. Toy store.
34. Variety store.
35. Video rental or sales, except adult video rental or sales.
36. Wearing apparel shop.
37. Any other use determined by the board of appeals to be of the same general character as the foregoing permitted uses.

(Code 2024, § 9.8.2)

The following uses in a C-1 district may be permitted on review by the board of appeals in accordance with provisions contained in this chapter:

1. Any use permitted on review in the R-3 General Residence District that is not a residential use.
2. Private club or lodge.
3. Public or private school for academic instruction, including dormitories.
4. Automobile service station.
5. Hospitals, sanitariums and nursing homes.
6. Restaurants serving alcoholic beverages.
7. Institutions of religious, educational or philanthropic nature.
8. Boardinghouses or lodginghouses.
9. Radio and television broadcast towers and telecommunications towers.
10. Any other use determined by the board of appeals to be of the same general character as the foregoing uses permitted on review.

(Code 2024, § 9.8.3)

No building or structure in a C-1 district shall exceed three stories or 50 feet in height.

(Code 2024, § 9.8.4)

1. Lot area. Each structure containing a dwelling unit as a principal use shall be located on a lot containing the minimum lot area requirements set forth in HVC division IV of this article. All other structures in a C-1 district have no minimum lot area requirement.
2. Frontage and yard requirements.
   1. Lot width: none.
   2. Front yard depth: 25 feet.
   3. Side yard width: none, except where adjoining a residence district, then the same as the least width required in the residence district.
   4. Rear yard depth: 20 feet, except where adjoining a residence district, then the same as required in the residence district.

(Code 2024, § 9.8.5)

The C-2 General Commercial District is designed to accommodate the needs of a larger consumer population than is served by the C-1 Neighborhood Commercial District, thus a wider range of services and goods is permitted for both daily and occasional shopping and service needs. Persons living in the community and in the surrounding trade territory require direct and frequent access.

(Code 2024, § 9.9.1)

Property and buildings in a C-2 General Commercial District shall be used only for the following purposes:

1. Amusement establishments, including bowling alleys, miniature golf courses, practice golf ranges, pool halls, dance halls, swimming pools, skating rinks, archery ranges, shooting galleries and similar amusement facilities.
2. Animal hospitals and kennels.
3. Auction rooms.
4. Automobile service stations.
5. Automobile repair, major.
6. Automobile repair, minor.
7. Bars or taverns.
8. Bicycle sales, rental and repair stores.
9. Boat or watercraft sales.
10. Branch telephone exchanges, transformer stations and booster or pressure regulating stations without service yard storage.
11. Contractor or construction offices.
12. Department stores.
13. Fast food restaurants.
14. Frozen food lockers.
15. Furniture repair and upholstery.
16. Garages for storage, repair and servicing of motor vehicles, including body repair, painting and engine rebuilding.
17. Garden supply stores.
18. Greenhouses and nurseries.
19. Hotels, motels or other tourist lodging establishments.
20. Laboratories, medical and dental.
21. Laundry and dry cleaning shops.
22. Locksmith shops.
23. Machinery sales.
24. Monument sales.
25. Mortuaries.
26. Motor vehicle and motor home sales, not including junk yards.
27. Parking lots and garages.
28. Pet shops.
29. Printing, publishing, engraving or lithographing shops.
30. Private clubs or lodges.
31. Produce markets.
32. Theaters, indoor, except adult mini motion picture and adult motion picture theatres.
33. Any other use determined by the board of appeals to be of the same general character as the foregoing permitted uses, but not including any use that may become noxious or offensive in a C-2 district.

(Code 2024, § 9.9.2)

The following uses in a C-2 district may be permitted on review by the board of appeals in accordance with provisions contained in this chapter:

1. Any use permitted in the C-1 Neighborhood Commercial District.
2. Contractors and construction storage yards.
3. Farm implements sales.
4. Model home and garage displays.
5. Feed and seed sales.
6. Theaters, drive-in.
7. Fuel and oil sales.
8. Lumberyards.
9. Radio and television broadcast towers and telecommunications towers.
10. Any other use determined by the board of appeals to be of the same general character as the foregoing uses permitted on review, but not any use which may become noxious or offensive in a C-2 district.

(Code 2024, § 9.9.3)

No building or structure in a C-2 district shall exceed three stories or 50 feet in height.

(Code 2024, § 9.9.4)

1. Lot area. There is no minimum lot area required.
2. Frontage and yard requirements. The following minimum requirements shall be observed in a C-2 district:
   1. Lot width: none.
   2. Front yard depth: 25 feet.
   3. Side yard width: none, except where adjoining a residence district, then the same as the least width required in the residence district.
   4. Rear yard depth: 20 feet, except where adjoining a residence district, then the same as required in the residence district.

(Code 2024, § 9.9.5)

The I-1 Light Industrial District is intended primarily for the conduct of manufacturing, assembling and fabrication. It is designed to provide an environment suitable for industrial activities that do not create appreciable nuisances or hazards. The uses permitted in this district make it most desirable that they be separated from residential uses.

(Code 2024, § 9.10.1)

Property and buildings in an I-1 Light Industrial District shall be used only for the following purposes:

1. Bottling of soft drinks or milk, or distribution stations.
2. Mini breweries.
3. Automobile repair garage doing major repair, including tire retreading or recapping, battery service and repair.
4. The manufacture, compounding, processing, packaging or treatment of such products as bakery goods, candy, cosmetics, pharmaceuticals, toiletries and food products.
5. The manufacture, compounding, assembling or treatment of articles or merchandise from the following previously prepared material: aluminum, canvas, cellophane, cloth, fiber, glass, leather, paper, plastics, precious or semiprecious metals or stone, rubber textiles, wood or yarn.
6. The manufacture or assembly of electrical appliances, electronic instruments and devices, phonographs, radio and television sets, electric and neon signs, refrigerators and stoves.
7. Storage buildings or warehouses.
8. Any other use that is determined by the board of appeals to be of the same general character as the foregoing permitted uses but not including any use which may become noxious or offensive in an I-1 district. In determining the character of such use, the board shall refer to HVC article 46.08.

(Code 2024, § 9.10.2)

The following uses in an I-1 district may be permitted on review by the board of appeals in accordance with the provisions contained in this chapter:

1. Any use or structure permitted in the C-2 General Commercial District and any use permitted on review in the C-2 General Commercial District except as hereinafter modified.
2. Commercial excavation of natural materials.
3. Radio and television broadcast towers and telecommunication towers.

(Code 2024, § 9.10.3)

The following uses are specifically prohibited in the I-1 district:

1. Dwellings, except for a watchman or caretaker on the premises.
2. Churches or temples, schools, hospitals, clinics and other institutions for human care, except when incidental to a permitted use.
3. Auto salvage and wrecking operations, industrial metal and waste salvage operations and junk yard.

(Code 2024, § 9.10.4)

No building or structure in an I-1 district shall exceed three stories or 50 feet in height.

(Code 2024, § 9.10.5)

The following minimum requirements shall be observed in an I-1 district:

1. Front yard depth: 25 feet.
2. Side yard width: equal to building height.
3. Rear yard depth: equal to the height of the building but not less than 20 feet.

(Code 2024, § 9.10.6)

Newly established or newly expanding industrial uses which are adjacent to existing residential properties shall provide within the industrial property along that adjacent property line a properly maintained dense hedge, tree row or other suitable landscape device to visually screen the industrial area from such adjacent residential area. Failure to provide or maintain such a landscape buffer shall constitute a violation of this chapter.

(Code 2024, § 9.10.7)

The I-2 General Industrial District is intended to provide for heavy industrial uses and other uses not otherwise provided for in the district established by this chapter. The intensity of uses permitted in this district makes it most desirable that they be separated from residential and commercial uses.

(Code 2024, § 9.11.1)

Property and buildings in an I-2 General Industrial District may be used for any use except the following:

1. Uses not complying with this chapter or any other city, county, state or federal regulation or law.
2. All uses enumerated under HVC article 46.08, except as hereinafter provided, and HVC 46.12.010 through 46.12.040.
3. Any agricultural uses.

(Code 2024, § 9.11.2)

The following uses in an I-2 district may be permitted on review by the board of appeals in accordance with provisions contained in this chapter:

1. Adult bookstore.
2. Adult mini motion picture theater.
3. Adult motion picture theater.
4. Adult modeling entertainment facility.
5. Cement, lime or gypsum manufacture.
6. Petroleum refining.
7. Wholesale or bulk storage of gasoline, propane or butane or other petroleum products.
8. Disposal plants of all types including trash, garbage and sewage treatment.
9. Automobile salvage or junk yard, building material salvage yard, scrap metal storage yard, or other salvage yard or any kind, provided that all such operations are conducted in such a manner that all operation, display, or storage of material or equipment is screened by ornamental fences, walks, or permanent planting that it cannot be seen from a public street or from adjoining lots when viewed by a person standing on ground level, and, provided further, that no such screening in excess of seven feet in height shall be required.
10. Radio and television broadcast towers and telecommunications towers.

(Code 2024, § 9.11.3)

The following uses are specifically prohibited in the I-2 district:

1. Dwellings, except for a watchman or caretaker on the premises.
2. Churches or schools, hospitals, clinics and other institutions for human care, except when incidental to a permitted use.
3. The following uses permitted in a C-1 district:
   1. Antique shop.
   2. Appliance store.
   3. Art and school supply store.
   4. Bank and other financial institutions.
   5. Barbershop.
   6. Beauty parlor.
   7. Book or stationary store.
   8. Camera shop.
   9. Candy store.
   10. Community center.
   11. Dairy products or ice cream store.
   12. Drug store.
   13. Florist shop.
   14. Food store.
   15. Grocery store.
   16. Meat market.
   17. Fish market.
   18. Bakery and delicatessen.
   19. Gift shop.
   20. Hardware store.
   21. Jewelry store.
   22. Municipal administrative or public service office.
   23. Music and dancing studio.
   24. Optometrist sales and service.
   25. Package liquor sales.
   26. Photographer or artist studio.
   27. Physician's and dentist's office.
   28. Professional and business office.
   29. Public library and similar cultural uses.
   30. Self-service laundry or dry cleaning.
   31. Shoe repair shop.
   32. Tailor shop.
   33. Toy store.
   34. Variety store.
   35. Wearing apparel shop.
4. The following uses permitted in a C-2 district:
   1. Amusement establishment;
   2. Animal hospital and kennel;
   3. Bar or tavern;
   4. Bicycle sales;
   5. Rental and repair store;
   6. Bus terminal;
   7. Business school;
   8. Department store;
   9. Farm implement sales;
   10. Feed and seed sales;
   11. Frozen food locker;
   12. Garden supply store;
   13. Greenhouse and nurseries;
   14. Hotel, motel or other tourist lodging establishment;
   15. Laboratories, medical and dental;
   16. Laundry and dry cleaning shop;
   17. Locksmith shop;
   18. Monument sales;
   19. Mortuary;
   20. Pet shop;
   21. Physical culture and health services;
   22. Private club or lodge;
   23. Produce market;
   24. Indoor and outdoor theater;
   25. Stadium and auditorium.

(Code 2024, § 9.11.4)

No building or structure in an I-2 district shall exceed three stories or 50 feet in height.

(Code 2024, § 9.11.5)

The following minimum requirements shall be observed in an I-2 district:

1. Front yard depth: 25 feet.
2. Side yard width: equal to the building height.
3. Rear yard depth: equal to the height of the building but not less than 20 feet.

(Code 2024, § 9.11.6)

Newly established or newly expanding industrial uses which are adjacent to existing residential properties shall provide within the industrial property along that adjacent property line a properly maintained dense hedge, tree row or other suitable landscape device to visually screen the industrial area from such adjacent residential area. Failure to provide of maintain such a landscape buffer shall constitute a violation of this chapter.

(Code 2024, § 9.11.7)

The main purpose of the AG-1 Agricultural District is to provide for open spaces that serve as a buffer zone between the village's urban areas and neighboring communities which may have incompatible land uses. This district is not intended for subdivided residential type development. This district is primarily located on the fringe of the village limits and contains land that is used primarily for agricultural purposes. It is not the intention to provide a district for large commercial livestock and poultry operations, but rather for small and family type farm operations that would also serve the district's main purpose.

(Code 2024, § 9.12.1)

Property and buildings in an AG-1 Agricultural District shall be used only for the following purposes:

1. Single-family dwellings.
2. Raising of livestock and poultry that is not for commercial use.
3. Growing and harvesting of an agricultural crop, including timber, for personal or commercial use.
4. Home occupations, major.
5. Home occupations, minor.

(Code 2024, § 9.12.2)

The following uses in an AG-1 district may be permitted on review by the board of appeals in accordance with the provisions contained in HVC 46.08.080:

1. Any use permitted in an AG-2 Agricultural Suburban District.
2. Commercial raising of livestock and poultry.
3. Animal hospitals, kennels, and private stables.
4. Living quarters of persons employed on the premises.
5. Radio and television broadcasting towers, and telecommunication towers.

(Code 2024, § 9.12.3)

No building or structure in an AG-1 district shall exceed two stories or 50 feet in height.

(Code 2024, § 9.12.4)

The following minimum requirements shall be observed in an AG-1 district:

1. Lot area. Minimum lot area is 217,800 square feet (five acres).
2. Lot width. None.
3. Front yard depth. Minimum front yard depth is 25 feet.
4. Side yard depth. None, except where adjoining a residential district, then the same as the least width required in that district.
5. Rear yard depth. None, except where adjoining a residential district, then the same as the least width required in that district.

(Code 2024, § 9.12.5)

The main purpose of the AG-2 Agricultural Suburban District is to provide for large tracts of land that are used primarily for urban development and light agricultural uses. This district is not intended for subdivided residential type development. Land in this district will be mainly situated between the fringe and the urban area of the village. Many tracts will be in close proximity to developing residential and commercial uses. The intent of this district is to provide for uses which are compatible with both light agricultural uses and the developing commercial and residential uses.

(Code 2024, § 9.13.1)

Property and buildings in an AG-2 Agricultural Suburban District shall be used only for the following purposes:

1. Single-family dwellings.
2. Growing and harvesting of agricultural crops, including timber for personal or commercial use.
3. Nurseries and greenhouses.
4. Golf courses, country clubs, swimming clubs, public tennis courts, baseball fields, soccer fields, and similar outdoor recreational uses, provided that any principal building or swimming pool is located not less than 100 feet from any lot in any residential district.
5. Accessory buildings which are customarily incidental to any of the uses stated in subsections (a) through (d) of this section.
6. Home occupations, major.
7. Home occupations, minor.

(Code 2024, § 9.13.2)

The following uses in an AG-2 district may be permitted on review by the board of appeals in accordance with the provisions contained in HVC 46.08.080:

1. Raising of livestock and poultry for commercial or personal use.
2. Park or playground.
3. Radio and television broadcasting towers, and telecommunications towers.
4. Animal hospitals, kennels, and private stables.

(Code 2024, § 9.13.3)

No building or structure in an AG-2 district shall exceed two stories or 50 feet in height.

(Code 2024, § 9.13.4)

The following minimum requirements shall be observed in an AG-2 district:

1. Lot area. Minimum lot area is 217,800 square feet (five acres).
2. Lot width. None.
3. Front yard depth. Minimum front yard depth is 25 feet.
4. Side yard depth. None, except where adjoining a residential district, then the same as the least width required in that district.
5. Rear yard depth. None, except where adjoining a residential district, then the same as the least width required in that district.

(Code 2024, § 9.13.5)