A.

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

B.

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

C.

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

D.

No building, structure or use not lawfully existing at the time of the adoption of this appendix shall become, or be made lawful solely by reason of the adoption of this appendix, and to the extent that, and in any manner that, said unlawful building, structure or use is in conflict with the requirements of this appendix, said building, structure or use remains unlawful hereunder.

E.

The following rules shall apply with respect to the boundaries of the various districts as shown on the zoning district maps:

1)

District boundary lines are the centerlines of highways, streets, alleys and easements; or right-of-way lines of railroads, toll roads and expressways; or section, division of section, tract, and lot lines; or such lines extended, unless otherwise indicated.

2)

In areas not subdivided into lots and blocks, wherever a district is indicated as a strip adjacent to and paralleling a street or highway, the depth of such strips shall be in accordance with dimensions shown on the maps measured at right angles from the centerline of the street or highway, and the length of frontage shall be in accordance with dimensions shown on the map from section, quarter section, or division lines, or centerlines of streets, highways, or railroad rights-of-way, unless otherwise indicated.

3)

Where a district boundary line divides a lot in single ownership at the effective date of this appendix, the less restricted use may extend to the entire lot, but not more than twenty-five (25) feet beyond the boundary line of the district.

4)

Where the application of the aforesaid rules leaves a reasonable doubt as to the boundaries between two (2) districts, the regulations of the more restrictive district shall govern the entire parcel in question, unless otherwise determined by the planning and zoning commission.

F.

Nothing contained in this appendix shall be deemed to be a consent, license, or permit to use any property or to locate, construct or maintain any building, structure of facility or to carry on any trade, industry, occupation or activity.

G.

The provisions in this appendix are cumulative and additional limitations upon all other laws and ordinances, heretofore passed or which may be passed hereafter, governing any subject matter in this appendix.

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

A.

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

B.

If any court of competent jurisdiction shall adjudge invalid the application of any provision of this appendix to a particular property, building or other structure, such judgment shall not affect the application of said provisions to any other property, building or structure not specifically included in said judgment.

A.

All buildings erected hereafter, all uses of land/buildings established hereafter, all structural alteration or relocation of existing buildings occurring hereafter, and all enlargements of or additions to existing uses occurring hereafter shall be subject to all regulations of this appendix which are applicable to the zoning districts in which such buildings, uses or land shall be located.

B.

However, where a building permit for a building/structure has been issued in accordance with law prior to the effective date of this appendix, and provided construction is begun within six (6) months of such effective date and diligently prosecuted to completion, said building/structure may be completed in accordance with the approved plans on the basis of which the building permit has been issued, and further, may upon completion be occupied under a certificate of occupancy by the use for which originally designated, subject thereafter to the provisions of this appendix pertaining to nonconforming buildings, structures and uses.

C.

A special use permit shall be deemed to authorize only one (1) specific special use and shall expire if the specific special use shall cease for more than six (6) months for any reason.

D.

Where a lot is to be occupied for a permitted use without buildings, the side and front yards required for such lot shall be provided and maintained unless otherwise stipulated in this appendix, except side yards shall not be required on lots used for garden purposes without buildings or structures.

E.

No land which is located in a residence district shall be used for driveway, walkway or access purposes to any land which is located in a business or manufacturing district, or used for any purpose not permitted in a residence district.

A.

Exemptions. The following uses are permitted in any district: Poles, towers, wires, cables, conduits, vaults, pipelines, laterals, or any other similar distributing equipment of a public utility.

B.

Fences, walls and hedges.

1)

A fence, wall, hedge or shrubbery may be erected, placed, maintained or grown along a lot line on residentially zoned property or adjacent thereto to a height not exceeding six (6) feet above the ground level, except no such fence, wall, hedge or shrubbery which is located in a required front or corner side yard shall exceed a height of four (4) feet. Where such lot line is adjacent to nonresidentially zoned property, there shall be an eight-foot limit on the height of a fence, wall, hedge or shrubbery along such lot line.

2)

No fence, wall, hedge or shrubbery shall be erected, placed, maintained or grown along a lot line on any nonresidentially zoned property, adjacent to residentially zoned property, to a height exceeding eight (8) feet.

3)

On any corner lots no fence, wall, hedge or shrubbery shall be erected, constructed, maintained or grown to a height exceeding two (2) feet above the street grade nearest thereto, within twenty (20) feet of the intersection of any street right-of-way lines or of such lines projected.

C.

Mobile homes. The following regulations shall apply to mobile homes:

1)

A mobile home shall not be considered to be permissible as an accessory building.

2)

No person shall park, store or occupy a mobile home for living purposes, except:

(a)

In an approved trailer or mobile home park, provided public or community sewer and water facilities are available for each trailer, and each existing trailer or mobile home lot contains two thousand five hundred (2,500) square feet of lot area;

(b)

In any residence district as a guest of the resident of the property involved, for a period of not over twelve (12) hours in any 30-day period;

3)

A mobile home may be used as a temporary office or shelter incidental to construction on or development of the premises on which the unit is located, only during the time construction or development is actively underway.

The classification of all property annexed to the village after the effective date of this appendix shall be initially classified in the R-1 single-family residence district, provided, however, the planning and zoning commission may hold hearings pursuant to the amendment provisions of this appendix on any property prior to its annexation and may recommend the classification in which said property shall be placed immediately upon annexation, provided, further, that any property annexed to the village which shall come with automatic R-1 single-family residence district classification, as above provided, shall be classified in such district or in any other district pursuant to hearing held within sixty (60) days following the date of such annexation.

Except in the case of planned developments, not more than one (1) principal detached residential building plus one (1) other structure be located on the same zoning lot.

A.

Time of construction. No accessory building or structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory.

B.

Percentage of required yard occupied. No accessory building or buildings and structures including paved areas, garages, patios, swimming pools, canopies, and decks shall occupy more than thirty (30) per cent of the area of a required yard.

C.

Height of accessory buildings or structure in required rear yards. No detached accessory building or structure located in a required rear yard shall exceed the height of the principal building or structure. However, in no case, shall such accessory building or structure exceed seventeen (17) feet in height.

D.

On reversed corner lots. On a reversed corner lot in a residence district, and within fifteen (15) feet of any adjacent property to the rear in a residence district, no accessory building or portion thereof located in a required rear yard shall be closer to the side lot line abutting the street than a distance equal to two-thirds (⅔) the least depth which would be required under this appendix for the front yard on such adjacent property to the rear. Further, in the above instance, no such accessory buildings shall be located within five (5) feet of any part of a rear lot line which coincides with the side lot line or portion thereof of property in any residence district.

No accessory building shall be erected in or encroach upon the required side yard of a corner lot which is adjacent to the street, nor upon the required side yard of a reverse corner lot which is adjacent to the street.

A.

Continued conformity with bulk regulations. The maintenance of yards and other open space and minimum lot area legally required for a building shall be a continuing obligation of the owner of such building or of the property on which it is located, as long as the building is in existence. Furthermore, no legally required yards, other open space, or minimum lot area allocated to any building shall, by virtue of change of ownership or for any other reason, be used to satisfy yard, other open space, or minimum lot area requirements for any other building.

B.

Division of zoning lots. No improved zoning lot shall hereafter be divided into two (2) or more zoning lots and no portion of any improved zoning lot shall be sold, unless all improved zoning lots resulting from each such division or sale shall conform with all the applicable bulk regulations for the zoning district in which the property is located.

C.

Location of required open space. All yards and other open spaces allocated to a building or dwelling group shall be located on the same zoning lot as such building or dwelling group.

D.

Required yards—Existing buildings. No yards now or hereafter provided for a building existing on the effective date of this appendix shall subsequently be reduced below, or further reduced if already less than, the minimum yard requirements of this appendix for conforming new construction.

E.

Permitted obstructions in required yards. The following shall not be considered to be obstructions when located in the required yards specified:

1)

In all yards: Open terraces not over four (4) feet above the average level of the adjoining ground but not including a permanently roof-over terrace or porch; awnings projecting three (3) feet or less into the yard; steps four (4) feet or less above grade which are necessary for access to a permitted building or for access to a zoning lot from a street or alley; chimneys projecting eighteen (18) inches or less into a yard; arbors or trellises not exceeding six (6) feet in height above natural grade level; flagpoles.

2)

In front yards: One-story bay windows projecting three (3) feet or less into the yard; and overhanging eaves and gutters projecting three (3) feet or less into the yard.

3)

In rear yards: Enclosed, attached or detached off-street parking spaces; open off-street parking spaces; accessory sheds; tool rooms; and similar buildings or structures for domestic or agricultural storage; balconies, breezeways and open porches; one-story bay windows projecting three (3) feet or less into the yard; overhanging eaves and gutters projecting three (3) feet into the yard; recreational equipment; laundry drying equipment; fences and walls not exceeding six (6) feet above natural grade; satellite television systems dish antenna and other type of antenna facilities. The antenna shall be enclosed by a substantial protective barrier which shall be adequate and sufficient, as determined by the building official, to prevent persons, children or animals from danger or harm from coming in contact with the antenna.

4)

In side yards: Overhanging eaves and gutters projecting eighteen (18) inches or less into the yard.

F.

Floor area ratio application in particular cases. In all cases where two (2) or more contiguous zoning lots are in common ownership and there was at the adoption date of this appendix an existing building on one (1) of such lots with less than the permitted maximum floor area ratio, the owner may elect to add the unused portion of the floor area ratio of the existing building to the maximum permitted floor area ratio of any addition to the existing building to be constructed on the adjoining zoning lot; and in the event such existing building was lawfully existing at the date of adoption of this appendix and exceeds the permitted maximum floor area ratio, any addition to the existing building to be constructed on an adjoining lot shall be entitled to the maximum floor area ratio permitted in the district in which it is located.

A.

Where a use is classified as a special use under this appendix, and exists as a special or permitted use at the date of the adoption of this appendix, it shall be considered to be a legal special use.

B.

Where a use is not allowed as a special or permitted use under this appendix, and exists as a special use at the date of the adoption of this appendix, it shall be considered to be a nonconforming use and shall be subject to the applicable nonconforming use provisions of this appendix.