A.   Intent: The intent of the R1 single-family residence district is to provide primarily for the establishment of areas characterized by single-family detached dwellings, while recognizing the potential compatibility of duplex units, zero lot line two-family dwellings, and multi-family dwellings of up to four (4) as special uses. In addition to these dwellings, related recreational, religious, and cultural facilities are allowed where such facilities are found to be compatible with surrounding residential development. (Ord. 2009-114, 10-5-2009)

   B.   Permitted Uses: The following uses are permitted in the R1 single-family residence district:

      Accessory buildings, structures and uses.

      Cemeteries.

      Churches and synagogues.

      Dwellings; single-family.

      Fire stations.

      Home occupations.

      Parks, playgrounds, and other noncommercial public open space.

      Schools; public, private or parochial.

      Wind energy conversion system (WECS), small.

      Other uses of the same general character as above. (Ord. 2009-114, 10-5-2009; amd. Ord. 2013-11, 3-21-2013)

   C.   Special Permitted Uses: The following uses are allowed in the R1 single-family residence district only as special permitted uses:

      Dwellings; two-family duplex units, multiple-family with no more than four (4) dwelling units, zero lot line two- family dwellings, and zero lot line multiple-family dwellings.

      Funeral homes and mortuaries.

      Permanent erection of modular homes.

      Temporary buildings, both incidental and necessary for construction, for a period of not more than six (6) months.

      Other uses of the same general character as above.

   D.   Building Height: No principal structure shall exceed three (3) stories or thirty five feet (35') in height. No accessory structure shall exceed one story or fifteen feet (15') in height.

   E.   Lot Requirements: The following minimum lot requirements shall be observed:

      1.   Lot area: Seven thousand five hundred (7,500) square feet, single-family; four thousand (4,000) square feet per dwelling unit for all other uses. However, there shall be no minimum lot area for multiple-family dwellings.

      2.   Lot width: Sixty feet (60') for single-family, two-family, and multiple-family dwellings; thirty feet (30') for zero lot line two-family dwellings and zero lot line multiple-family dwellings.

   F.   Yard Requirements:

      1.   Minimum Depths: Yards of the following minimum depths shall be provided:

         a.   Front Yards:

            (1)   Not less than twenty five feet (25') nor less than the front yard depth of the building immediately adjacent (within 120 feet) to either side of the proposed building structure; provided, however, that in no case will a front yard of more than forty feet (40') be required. (Ord. 2009-114, 10-5-2009)

               (A)   Exception: In any subdivision that was substantially developed prior to 1980, the front yard setback may be less than twenty five feet (25'), but not less than ten feet (10'), provided that any proposed building structure or other improvement that may be built at or within a proposed front yard setback would not constitute or cause a line of sight safety issue. (Ord. 2012-29, 8-2-2012)

            (2)   Where a lot is located at the intersection of two (2) or more streets, there shall be a front yard on each street side of the lot; except, that the buildable width of such lot shall not be reduced to less than thirty two feet (32'). No accessory building shall project beyond the front yard line on either street.

         b.   Side Yards: Each not less than five feet (5') wide except in the following circumstances:

            (1)   For lots of record less than forty five feet (45') in width, the side yards shall be not less than three feet (3').

            (2)   For zero lot line two-family dwellings and zero lot line multiple-family dwellings, there will be a zero foot (0') side yard at any location where a party wall connects two (2) dwelling units.

         c.   Rear Yard: Not less than twenty feet (20'), but in no event less than twenty percent (20%) of the depth of the lot; provided, however, that in no case will a rear yard of more than forty feet (40') be required.

      2.   Vegetation In Yards: Property owners may plant bushes, trees, flowers or other ornamental plantings. However, for any growth extending over the lot line of an adjoining neighbor, that owner has the authority to trim said growth back to the lot line.

   G.   Off Street Parking And Loading Requirements: All off street parking and loading shall conform to the requirements enumerated in chapter 11 of this title.

   H.   Fences:

      1.   Height Limitations: Fences constructed in a front yard shall be a maximum height of three and one-half feet (31/2'). On a corner lot, both sides facing the street are considered "front yards". Beyond the front yard setback, the maximum height may be raised to six feet (6') along the side yards and six feet (6') along the rear lot line.

      2.   Location: The fence must be at least six inches (6") from the lot line. If there are complaints by an adjoining neighbor and the fence is determined to be closer than six inches (6") from the lot line, the responsibility is upon the fence owner to remove it at his own expense.

      3.   Jointly Owned Fences: If adjoining property owners agree in writing and file an acknowledgment with the village clerk, a fence may be built on the precise lot line between the properties. The agreement must specify that neither owner may remove the fence without the permission of the other owner. Both parties are responsible for the maintenance of the fence. (Ord. 2009-114, 10-5-2009)

   A.   Intent: The intent of the R2 mixed residence district is to provide for the establishment of areas characterized by a mixture of multi-family dwellings, single-family dwellings, and related recreational, religious, and cultural facilities where such facilities are found to be compatible with surrounding residential development. (Ord. 2009-114, 10-5-2009)

   B.   Permitted Uses: The following uses are permitted in the R2 mixed residence district:

      All permitted uses in the R1 single-family residence district.

      Dwellings; single-family, two-family duplex units, zero lot line two-family dwellings, and zero lot line multiple-family dwellings.

      Other uses of the same general character as above. (Ord. 2009-114, 10-5-2009; amd. 2011 Code)

   C.   Special Permitted Uses: The following uses are allowed in the R2 mixed residence district only as special permitted uses:

      Dwellings; multiple-family and cluster subdivisions.

      Funeral homes and mortuaries.

      Permanent erection of modular homes.

      Temporary buildings, both incidental and necessary for construction, for a period of not more than six (6) months.

      Other uses of the same general character as above.

   D.   Building Height: No principal structure shall exceed three (3) stories or thirty five feet (35') in height. No accessory structure shall exceed one story or fifteen feet (15') in height.

   E.   Lot Requirements: The following minimum lot requirements shall be observed:

      1.   Lot area: Seven thousand five hundred (7,500) square feet for single-family; three thousand two hundred forty (3,240) square feet per dwelling unit for cluster subdivisions; and four thousand (4,000) square feet per dwelling unit for all other uses. However, there shall be no minimum lot area for multiple-family dwellings.

      2.   Lot width: Sixty feet (60') for single-family, two-family, and multiple-family dwellings; thirty feet (30') for zero lot line two-family dwellings and zero lot line multiple-family dwellings; thirty six feet (36') for cluster subdivisions.

   F.   Yard Requirements:

      1.   Minimum Depths: Yards of the following minimum depths shall be provided:

         a.   Front Yards:

            (1)   Not less than twenty five feet (25') nor less than the front yard depth of the building immediately adjacent (within 120 feet) to either side of the proposed building structure; provided, however, that in no case will a front yard of more than forty feet (40') be required.

            (2)   Where a lot is located at the intersection of two (2) or more streets, there shall be a front yard on each street side of the lot; except, that the buildable width of such lot shall not be reduced to less than thirty two feet (32'). No accessory building shall project beyond the front yard line on either street.

         b.   Side Yards: Each not less than five feet (5') wide except in the following circumstances:

            (1)   For lots of record less than forty five feet (45') in width, the side yards shall be not less than three feet (3').

            (2)   For zero lot line two-family dwellings and zero lot line multiple-family dwellings, there will be a zero foot (0') side yard at any location where a party wall connects two (2) dwelling units.

         c.   Rear Yard: Not less than twenty feet (20'), but in no event less than twenty percent (20%) of the depth of the lot; provided, however, that in no case will a rear yard of more than forty feet (40') be required.

         d.   Yards In A Cluster Subdivision: Yards in a cluster subdivision shall be as shown in the approved special use permit.

      2.   Vegetation In Yards: Property owners may plant bushes, trees, flowers or other ornamental plantings. However, for any growth extending over the lot line of an adjoining neighbor, that owner has the authority to trim said growth back to the lot line.

   G.   Off Street Parking And Loading Requirements: All off street parking and loading shall conform to the requirements enumerated in chapter 11 of this title.

   H.   Fences:

      1.   Height Limitations: Fences constructed in a front yard shall be a maximum height of three and one-half feet (31/2'). On a corner lot, both sides facing the street are considered "front yards". Beyond the front yard setback, the maximum height may be raised to six feet (6') along the side yards and six feet (6') along the rear lot line.

      2.   Location: The fence must be at least six inches (6") from the lot line. If there are complaints by an adjoining neighbor and the fence is determined to be closer than six inches (6") from the lot line, the responsibility is upon the fence owner to remove it at his own expense.

      3.   Jointly Owned Fences: If adjoining property owners agree in writing and file an acknowledgment with the village clerk, a fence may be built on the precise lot line between the properties. The agreement must specify that neither owner may remove the fence without the permission of the other owner. Both parties are responsible for the maintenance of the fence. (Ord. 2009-114, 10-5-2009)

   A.   Intent: The intent of the R3 multi-family residence district is to provide primarily for the establishment of areas of highly concentrated multi-family residential development. This district provides for more intense land usage in areas where lower density development is deemed neither appropriate nor economical. It is further intended for this district to provide multi-family dwellings in mid rise structures for those persons desiring to live in such an environment. (Ord. 2009-114, 10-5-2009)

   B.   Permitted Uses: The following uses are permitted in the R3 multi-family residence district:

      All permitted uses in the R1 single-family residence district and R2 mixed residence district.

      Dwellings; single-family, two-family, and multiple- family units, zero lot line two-family dwellings, and zero lot line multiple-family dwellings.

      Other uses of the same general character as above. (Ord. 2009-114, 10-5-2009; amd. 2011 Code)

   C.   Special Permitted Uses: The following uses are allowed in the R3 multi-family residence district only as special permitted uses:

      Cluster subdivisions.

      Funeral homes and mortuaries.

      Permanent erection of modular homes.

      Temporary buildings, both incidental and necessary for construction, for a period of not more than six (6) months.

      Other uses of the same general character as above.

   D.   Building Height: No principal structure shall exceed the building height specified on the approved building permit (see title 10, chapter 3 of the village code). No accessory structure shall exceed one story or fifteen feet (15') in height.

   E.   Lot Requirements: The following minimum lot requirements shall be observed:

      1.   Lot area: Seven thousand five hundred (7,500) square feet for single-family; three thousand two hundred forty (3,240) square feet per dwelling unit for cluster subdivisions; and four thousand (4,000) square feet per dwelling unit for all other uses. However, there shall be no minimum lot area for multiple-family dwellings.

      2.   Lot width: Sixty feet (60') for single-family, two-family, and multiple-family dwellings; thirty feet (30') for zero lot line two-family dwellings and zero lot line multiple-family dwellings; thirty six feet (36') for cluster subdivisions.

   F.   Yard Requirements:

      1.   Minimum Depths: Yards of the following minimum depths shall be provided:

         a.   Front Yards:

            (1)   Not less than twenty five feet (25') nor less than the front yard depth of the building immediately adjacent (within 120 feet) to either side of the proposed building structure; provided, however, that in no case will a front yard of more than forty feet (40') be required.

            (2)   Where a lot is located at the intersection of two (2) or more streets, there shall be a front yard on each street side of the lot; except, that the buildable width of such lot shall not be reduced to less than thirty two feet (32'). No accessory building shall project beyond the front yard line on either street.

         b.   Side Yards: Each not less than five feet (5') wide except in the following circumstances:

            (1)   For lots of record less than forty five feet (45') in width, the side yards shall be not less than three feet (3').

            (2)   For zero lot line two-family dwellings and zero lot line multiple-family dwellings, there will be a zero foot (0') side yard at any location where a party wall connects two (2) dwelling units.

         c.   Rear Yard: Not less than twenty feet (20'), but in no event less than twenty percent (20%) of the depth of the lot; provided, however, that in no case will a rear yard of more than forty feet (40') be required.

         d.   Yards In A Cluster Subdivision: Yards in a cluster subdivision shall be as shown in the approved special use permit.

      2.   Vegetation In Yards: Property owners may plant bushes, trees, flowers or other ornamental plantings. However, for any growth extending over the lot line of an adjoining neighbor, that owner has the authority to trim said growth back to the lot line.

   G.   Off Street Parking And Loading Requirements: All off street parking and loading shall conform to the requirements enumerated in chapter 11 of this title.

   H.   Fences:

      1.   Height Limitations: Fences constructed in a front yard shall be a maximum height of three and one-half feet (31/2'). On a corner lot, both sides facing the street are considered "front yards". Beyond the front yard setback, the maximum height may be raised to six feet (6') along the side yards and six feet (6') along the rear lot line.

      2.   Location: The fence must be at least six inches (6") from the lot line. If there are complaints by an adjoining neighbor and the fence is determined to be closer than six inches (6") from the lot line, the responsibility is upon the fence owner to remove it at his own expense.

      3.   Jointly Owned Fences: If adjoining property owners agree in writing and file an acknowledgment with the village clerk, a fence may be built on the precise lot line between the properties. The agreement must specify that neither owner may remove the fence without the permission of the other owner. Both parties are responsible for the maintenance of the fence. (Ord. 2009-114, 10-5-2009)

   A.   Intent: The intent of the R4 manufactured home park district is to provide for the establishment of manufactured home parks wherein manufactured home stands or pads are provided in a safe, sanitary, and economical manner in conformance with the village manufactured home park ordinance. (Ord. 2009-114, 10-5-2009; amd. 2011 Code)

   B.   Zoning Map Amendment Guidelines: In making its legislative determination to zone or rezone property to the R4 residence zoning classification, the planning commission and/or board of trustees may, in addition to the provisions set forth in section 11-5-4 of this title, apply the following guidelines to the proposal under consideration:

      1.   The capacity of existing and proposed community facilities and utilities, including water, sewer and transportation systems, to serve the permitted uses which might lawfully occur on the property so zoned.

      2.   The extent to which the permitted uses will promote balanced growth in the community and will be consistent with village goals for equal housing opportunities and a variety of housing types.

      3.   The impact any natural disasters, including flooding, will have upon the permitted uses.

      4.   The impact the permitted uses would have upon the natural environment including noise, air, and water pollution.

      5.   The conformance of the proposal to the village comprehensive plan and official zoning map. (Ord. 2009-114, 10-5-2009)

   C.   Permitted Uses: The following uses are permitted in the R4 manufactured home park district:

      Manufactured homes.

      Mobile homes.

      Wind energy conversion system (WECS), small. (Ord. 2009-114, 10-5-2009; amd. Ord. 2013-11, 3-21-2013)

   D.   Special Permitted Uses: The following uses are allowed in the R4 manufactured home park district only as special permitted uses:

      All permitted uses in the R1 single-family residence district, R2 mixed residence district, and R3 multi- family residence district.

   E.   Building Height: No principal structure shall exceed two (2) stories or twenty five feet (25') in height. No accessory structure shall exceed one story or fifteen feet (15') in height.

   F.   Lot Requirements: The following minimum lot requirements shall be observed:

      1.   Lot area: Four thousand one hundred (4,100) square feet per dwelling unit.

      2.   Lot width: Forty feet (40').

   G.   Yard Requirements:

      1.   Minimum Depths: Yards of the following minimum depths shall be provided:

         a.   Front Yards:

            (1)   Not less than twenty five feet (25') nor less than the front yard depth of the building immediately adjacent (within 120 feet) to either side of the proposed building structure; provided, however, that in no case will a front yard of more than forty feet (40') be required.

            (2)   Where a lot is located at the intersection of two (2) or more streets, there shall be a front yard on each street side of the lot; except, that the buildable width of such lot shall not be reduced to less than thirty two feet (32'). No accessory building shall project beyond the front yard line on either street.

         b.   Side Yards: Each not less than five feet (5') wide except in the following circumstances:

            (1)   For lots of record less than forty five feet (45') in width, the side yards shall be not less than three feet (3').

            (2)   For zero lot line two-family dwellings and zero lot line multiple-family dwellings, there will be a zero foot (0') side yard at any location where a party wall connects two (2) dwelling units.

         c.   Rear Yard: Not less than twenty feet (20'), but in no event less than twenty percent (20%) of the depth of the lot; provided, however, that in no case will a rear yard of more than forty feet (40') be required.

      2.   Vegetation In Yards: Property owners may plant bushes, trees, flowers or other ornamental plantings. However, for any growth extending over the lot line of an adjoining neighbor, that owner has the authority to trim said growth back to the lot line.

   H.   Off Street Parking And Loading Requirements: All off street parking and loading shall conform to the requirements enumerated in chapter 11 of this title.

   I.   Fences:

      1.   Height Limitations: Fences constructed in a front yard shall be a maximum height of three and one-half feet (31/2'). On a corner lot, both sides facing the street are considered "front yards". Beyond the front yard setback, the maximum height may be raised to six feet (6') along the side yards and six feet (6') along the rear lot line.

      2.   Location: The fence must be at least six inches (6") from the lot line. If there are complaints by an adjoining neighbor and the fence is determined to be closer than six inches (6") from the lot line, the responsibility is upon the fence owner to remove it at his own expense.

      3.   Jointly Owned Fences: If adjoining property owners agree in writing and file an acknowledgment with the village clerk, a fence may be built on the precise lot line between the properties. The agreement must specify that neither owner may remove the fence without the permission of the other owner. Both parties are responsible for the maintenance of the fence. (Ord. 2009-114, 10-5-2009)

   A.   Intent: The intent of the C commercial district is to provide for the establishment of areas characterized by a variety of commercial uses including retail stores and shops, offices, services, and amusement uses.

   B.   Permitted Uses: The following uses are permitted in the C commercial district:

      Adult-use cannabis craft growers.

      Automatic car washes.

      Automotive service stations.

      Banks and barbershops.

      Bowling alleys.

      Building material sales.

      Churches and synagogues.

      Drive-in establishments.

      Fire stations.

      Fuel and ice sales, retail only.

      Funeral homes and mortuaries.

      Garages and auto servicing.

      Grocery stores.

      Hotels and motels.

      Kennels.

      Laundromats.

      Libraries.

      Motor vehicle sales.

      Offices.

      Parking lots; private and public.

      Police stations.

      Printing shops.

      Recreational activities; commercial types.

      Restaurants.

      Retail stores.

      Theaters; other than drive-ins.

      Veterinarian offices.

      Wind energy conversion system (WECS), small.

      Other uses of the same general character as above.

   C.   Special Permitted Uses: The following uses are allowed in the C commercial district only as special permitted uses:

      Adult-use cannabis craft growers.

      Adult-use cannabis transporting facilities.

      Bus stations.

      Drive-in theaters.

      Telephone relay towers and electrical substations.

      Temporary buildings, both incidental and necessary for construction, for a period of not more than six (6) months.

      Other uses of the same general character as above.

   D.   Building Height: No principal structure shall exceed three (3) stories or thirty five feet (35') in height. No accessory structure shall exceed one story or fifteen feet (15') in height.

   E.   Lot Requirements: The following minimum lot requirements shall be observed:

      1.   Lot area: Two thousand five hundred (2,500) square feet for all commercial uses.

      2.   Lot width: No minimum.

      3.   See subsection 11-7-4F of this chapter for lot requirements for residential uses.

   F.   Yard Requirements:

      1.   Minimum Depths: Yards of the following minimum depths shall be provided:

         a.   Front yards: No minimum.

         b.   Side yards: No minimum.

         c.   Rear yard: Not less than ten feet (10').

         d.   If the side yard or rear yard abuts a Residential District, there shall be a minimum five foot (5') side yard and twenty foot (20') rear yard.

         e.   See subsection 11-7-4G of this chapter for yard requirements for residential uses.

      2.   Vegetation In Yards: Property owners may plant bushes, trees, flowers or other ornamental plantings. However, for any growth extending over the lot line of an adjoining neighbor, that owner has the authority to trim said growth back to the lot line.

   G.   Off Street Parking And Loading Requirements: All off street parking and loading shall conform to the requirements enumerated in chapter 11 of this title.

   H.   Fences:

      1.   Height Limitations: If a fence is to be constructed at the rear or side yard of a commercial lot that abuts a Residential District, it shall be at least six feet (6') in height along the lot line that abuts the Residence District.

      2.   Location: The fence must be at least six inches (6") from the lot line. If there are complaints by an adjoining neighbor and the fence is determined to be closer than six inches (6") from the lot line, the responsibility is upon the fence owner to remove it at his own expense.

      3.   Jointly Owned Fences: If adjoining property owners agree in writing and file an acknowledgment with the Village Clerk, a fence may be built on the precise lot line between the properties. The agreement must specify that neither owner may remove the fence without the permission of the other owner. Both parties are responsible for the maintenance of the fence. (Ord. 2009-114, 10-5-2009; amd. Ord. 2013-11, 3-21-2013; Ord. 2019-74, 12-19-2019)

   A.   Intent: The intent of the M1 Restricted Manufacturing District is to provide for the establishment of areas characterized by industrial and manufacturing uses with an absence of objectionable external effects. Just as industrial uses are excluded from residential areas to promote public health, safety, and welfare, so are residential subdivision developments excluded from this district.

   B.   Permitted Uses: The following uses are permitted in the M1 Restricted Manufacturing District:

      Adult-use cannabis craft growers.

      Adult-use cannabis cultivation centers.

      Adult-use cannabis infuser facilities.

      Adult-use cannabis processing facilities.

      Adult-use cannabis transporting facilities.

      Bulk storage and distribution plants.

      Cartage and express facilities.

      Contractor's office, shops, or yard.

      Fertilizer and feed sales and storage.

      Furniture and fixtures industries.

      Grain storage elevators.

      Lumberyards.

      Machine shop.

      Metal products manufacturing.

      Paper industries.

      Warehouse operations.

      Wind energy conversion system (WECS), small.

      Wood products manufacturing.

      Other uses of the same general character as above.

   C.   Special Permitted Uses: The following uses are allowed in the M1 Restricted Manufacturing District only as special permitted uses:

      All permitted and special permitted uses in the C Commercial District.

      Adult-use cannabis craft growers.

      Adult-use cannabis cultivation centers.

      Adult-use cannabis infuser facilities.

      Adult-use cannabis processing facilities.

      Adult-use cannabis transporting facilities.

      Airports and landing fields.

      Crematories.

      Medical marijuana cultivation centers or dispensing organizations authorized pursuant to the Compassionate Use of Medical Cannabis Pilot Program Act.

      Mining, quarrying.

      Refuse disposal services.

      Solid waste disposal area.

      Temporary buildings, both incidental and necessary for construction, for a period of not more than six (6) months.

      Wind energy conversion systems, other than small.

      Other uses of the same general character as above.

   D.   Building Height: No structure shall exceed four (4) stories or forty five feet (45') in height. Grain elevators are exempted from the height restrictions of this subsection.

   E.   Lot Requirements: The following minimum lot requirements shall be observed:

      1.   Lot area: No minimum.

      2.   Lot width: No minimum.

      3.   Commercial uses: See subsection 11-7-5E of this chapter for lot requirements for commercial uses.

   F.   Yard Requirements:

      1.   Minimum Depths: Yards of the following minimum depths shall be provided:

         a.   Front yards: No minimum.

         b.   Side yards: No minimum.

         c.   Rear yard: Not less than ten feet (10').

         d.   If the side yard or rear yard abuts a Residential District, there shall be a minimum five foot (5') side yard and twenty foot (20') rear yard.

      2.   Vegetation In Yards: Property owners may plant bushes, trees, flowers or other ornamental plantings. However, for any growth extending over the lot line of an adjoining neighbor, that owner has the authority to trim said growth back to the lot line.

   G.   Off Street Parking And Loading Requirements: All off street parking and loading shall conform to the requirements enumerated in chapter 11 of this title.

   H.   Fences:

      1.   Height Limitations: If a fence is to be constructed at the rear or side yard of a restricted manufacturing lot that abuts a Residential District, it shall be at least eight feet (8') in height along the lot line that abuts the Residence District.

      2.   Location: The fence must be at least six inches (6") from the lot line. If there are complaints by an adjoining neighbor and the fence is determined to be closer than six inches (6") from the lot line, the responsibility is upon the fence owner to remove it at his own expense.

      3.   Jointly Owned Fences: If adjoining property owners agree in writing and file an acknowledgment with the Village Clerk, a fence may be built on the precise lot line between the properties. The agreement must specify that neither owner may remove the fence without the permission of the other owner. Both parties are responsible for the maintenance of the fence.

   I.   Abutting Residence District:

      1.   Enclosed Operation: Within two hundred feet (200') of Residence District boundary lines, all operations for establishments engaged in production, processing, assembling, disassembling, cleaning, servicing, testing, repairing, or storing of materials, goods, or products, except accessory off street parking for vehicles in operable condition, shall be within completely enclosed buildings.

      2.   Outdoor Storage: Outdoor storage is permitted in rear yards only, and then only if completely screened by a solid wall or plantings at least eight feet (8') in height. Open storage shall not be of greater height than that of the enclosing fence or plantings. (Ord. 2009-114, 10-5-2009; amd. Ord. 2013-11, 3-21-2013; Ord. 2014-17, 6-5-2014; Ord. 2019-74, 12-19-2019)

   A.   Intent: The intent of the M2 General Manufacturing District is to provide for the establishment of areas characterized by more intense industrial and manufacturing uses which generally exhibit higher levels of objectionable external effects. This district should not be located adjacent to Residential Districts, and its contiguity to commercial and business areas should, wherever possible, be avoided. Uses permitted in this district will provide for those basic industries needed to expand employment opportunities within the Village.

   B.   Permitted Uses: The following uses are permitted in the M2 General Manufacturing District:

      All permitted uses in the M1 Restricted Manufacturing District.

      Adult-use cannabis craft growers.

      Adult-use cannabis cultivation centers.

      Adult-use cannabis infuser facilities.

      Adult-use cannabis processing facilities.

      Adult-use cannabis transporting facilities

      Automobile salvage yards and junkyards.

      Chemical industries.

      Concrete products manufacturing.

      Feed milling and processing.

      Food products manufacturing.

      Petroleum refining.

      Radioactive materials laboratory.

      Other uses of the same general character as above.

   C.   Special Permitted Uses: The following uses are allowed in the M2 General Manufacturing District only as special permitted uses:

      Adult-use cannabis craft growers.

      Adult-use cannabis cultivation centers.

      Adult-use cannabis infuser facilities.

      Adult-use cannabis processing facilities.

      Adult-use cannabis transporting facilities.

      Airports and landing fields.

      Asphaltic concrete plants.

      Crematories.

      Medical marijuana cultivation centers or dispensing organizations authorized pursuant to the Compassionate Use of Medical Cannabis Pilot Program Act.

      Mining, quarrying.

      Refuse disposal services.

      Sanitary landfills.

      Temporary buildings, both incidental and necessary for construction, for a period of not more than six (6) months.

      Wind energy conversion systems, other than small.

      Other uses of the same general character as above.

   D.   Building Height: No structure shall exceed four (4) stories or forty five feet (45') in height. Grain elevators are exempted from the height restrictions of this subsection.

   E.   Lot Requirements: None.

   F.   Yard Requirements:

      1.   Minimum Depths: Yards of the following minimum depths shall be provided:

         a.   Front yards: No minimum.

         b.   Side yards: No minimum.

         c.   Rear yard: Not less than ten feet (10').

      2.   Vegetation In Yards: Property owners may plant bushes, trees, flowers or other ornamental plantings. However, for any growth extending over the lot line of an adjoining neighbor, that owner has the authority to trim said growth back to the lot line.

   G.   Off Street Parking And Loading Requirements: All off street parking and loading shall conform to the requirements enumerated in chapter 11 of this title.

   H.   Fences:

      1.   Location: Any fence must be at least six inches (6") from the lot line. If there are complaints by an adjoining neighbor and the fence is determined to be closer than six inches (6") from the lot line, the responsibility is upon the fence owner to remove it at his own expense.

      2.   Jointly Owned Fences: If adjoining property owners agree in writing and file an acknowledgment with the Village Clerk, a fence may be built on the precise lot line between the properties. The agreement must specify that neither owner may remove the fence without the permission of the other owner. Both parties are responsible for the maintenance of the fence. (Ord. 2009-114, 10-5-2009; amd. 2011 Code; Ord. 2014-17, 6-5-2014; Ord. 2019-74, 12-19-2019)

   A.   Intent: The intent of the A Agriculture District is to govern the use of land, buildings, and structures within areas of the Village where soil, topographic, and other conditions are best suited for the pursuit of agriculture or where essential community facilities or utilities do not yet or are not reasonably expected to serve the property. These regulations are further intended to provide for the protection and conservation of natural resources, to prevent or minimize conflicts between agricultural and nonagricultural land uses, and to facilitate orderly and efficient urban development by preventing a scattered and indiscriminate pattern of urban growth.

   B.   Permitted Uses: The following uses are permitted in the A Agriculture District:

   Accessory building, structure and uses appropriate for agriculture uses, including for the growing, harvesting, and preparing of copy products for market, or for use on the farm, or for storing and protecting farm machinery and equipment from the elements.

   Agricultural uses, crop farming.

   Cemeteries.

   Gardening, including truck farming.

   Greenhouses.

   Orchards.

   Plant nurseries.

   Public parks.

   Single-family residential dwellings, provided that the minimum lot area of the dwelling unit is at least one (1) acre. Other regulations and standards set forth in section 11-7-1 for a single-family residential dwelling shall apply.

   Wind energy conversion system (WECS), small.

   Other uses of the same general character as above.

   C.   Special Permitted Uses: The following uses are allowed in the A Agriculture District only as special permitted uses:

   Commercial recreational uses.

   Medical marijuana cultivation centers or dispensing organizations authorized pursuant to the Compassionate Use of Medical Cannabis Pilot Program Act.

   Private airports and landing fields.

   Wind energy conversion systems, other than small.

   D.   Building Height: No structure shall exceed four (4) stories or forty five feet (45') in height.

   E.   Lot Requirements: None.

   F.   Yard and Open Space Requirements: The following setback line regulations and standards shall apply to all structures, except as are permitted in yards:

      1.   Front Yards:

         a.   Where the lots abut an arterial street as defined by the Village, the minimum setback shall be one hundred fifty fee (150') from the centerline of such right of way, but not less than fifty feet (50') from the right of way line.

         b.   Where the lot abuts a collector or a minor/local street as defined by the Village, the minimum setback line shall be one hundred feet (100') as measured from the centerline of such right of way, but not less than sixty feet (60') from the right of way line.

      2.   Side yard: Each side yard shall be a minimum of thirty feet (30'), and for each additional story above the first two (2) stories, an additional ten feet (10').

      3.   Rear Yard: The rear yard shall be a minimum of one hundred feet (100').

   G.   Fences:

      1.   Location: Any fence must be at least six inches (6") from the lot line. If there are complaints by an adjoining neighbor and the fence is determined to be closer than six inches (6") from the lot line, the responsibility is upon the fence owner to remove it at his own expense.

      2.   Jointly Owned Fences: If adjoining property owners agree in writing and file an acknowledgment with the Village Clerk, a fence may be built on the precise lot line between the properties. The agreement must specify that neither owner may remove the fence without the permission of the other owner. Both parties are responsible for the maintenance of the fence. (Ord. 2009-114, 10-5-2009)

   H.   Accessory Structures: An accessory structure appropriate for agriculture uses may be constructed without a primary structure in this zoning district. An accessory structure may not exceed:

      1.   Two thousand (2,000) square feet on parcels less than five (5) acres; or

      2.   Three thousand five hundred (3,500) square feet on parcels that are between five (5) and ten (10) acres; or

      3.   Five thousand (5,000) square feet on parcels greater than ten (10) acres.

(Ord. 2009-114, 10-5-2009; amd. Ord. 2013-11, 3-21-2013; Ord. 2014-17, 6-5-2014; Ord. 2021-03, 2-4-2021)

   A.   Intent: The intent of this PU Public Use District is to allow for the establishment and maintenance of public uses, publicly regulated uses, and private uses that display or have an inherent relationship to the public interest. The creation of such a district is intended to provide areas for the retention of public lands necessary for open spaces and structures designed for public recreation and to provide areas for the location of buildings and structures for public education, recreation and other public and semipublic uses.

   B.   Permitted Uses: The following uses are permitted in the PU Public Use District:

      Airport, heliport.

      Arena, stadium.

      Art gallery, museum.

      Auditorium.

      Churches and other places of public worship.

      College, university classroom.

      Community center.

      Convention center.

      Correctional institutions, detention centers and rehabilitation centers.

      Dormitory.

      Electric power plants and substations.

      Fieldhouse.

      Fire station.

      Gas company plants and facilities.

      Golf course, public.

      Gymnasium.

      Hospital.

      Ice rink.

      Legislative hall.

      Library.

      Nursing and retirement homes.

      Parking lots, public.

      Police station.

      Radio, TV station.

      Recreation center.

      Sanitary landfill.

      School administrative offices.

      School bus garages and/or repair shops, public transit garages.

      Schools; elementary, junior high, or high school.

      Sewer treatment facilities; public.

      Student residence hall.

      Swimming facility.

      Telecommunication antenna and related telecommunication antenna facilities.

      Telephone exchange.

      Warehouse and storage areas for schools or government.

      Water filtration/treatment plants and elevated and underground storage tanks.

      Wind energy conversion system (WECS), small.

      Zoo.

      Other uses of the same general character as above.

   C.   Special Permitted Uses: No special permitted uses are permitted in this district.

   D.   Lot Requirements: The following minimum lot requirements shall be observed:

      1.   Lot area: No minimum.

      2.   Lot width: No minimum.

   E.   Yard Requirements:

      1.   Minimum Depths: Yards of the following minimum depths shall be provided:

         a.   Front yards: No minimum.

         b.   Side yards: No minimum.

         c.   Rear yard: Not less than ten feet (10').

         d.   If the side yard or rear yard abuts a Residential District, there shall be a minimum five foot (5') side yard and twenty foot (20') rear yard.

      2.   Vegetation In Yards: Property owners may plant bushes, trees, flowers or other ornamental plantings. However, for any growth extending over the lot line of an adjoining neighbor, that owner has the authority to trim said growth back to the lot line.

   F.   Off Street Parking And Loading Requirements: All off street parking and loading shall conform to the requirements enumerated in chapter 11 of this title.

   G.   Fences:

      1.   Height Limitations: If a fence is to be constructed at the rear or side yard of a public use lot that abuts a Residential District, it shall be at least six feet (6') in height along the lot line that abuts the Residence District.

      2.   Location: The fence must be at least six inches (6") from the lot line. If there are complaints by an adjoining neighbor and the fence is determined to be closer than six inches (6") from the lot line, the responsibility is upon the fence owner to remove it at his own expense.

      3.   Jointly Owned Fences: If adjoining property owners agree in writing and file an acknowledgment with the Village Clerk, a fence may be built on the precise lot line between the properties. The agreement must specify that neither owner may remove the fence without the permission of the other owner. Both parties are responsible for the maintenance of the fence. (Ord. 2013-11, 3-21-2013)

   A.   Intent: The intent of this MX Mixed Use District is to accommodate development characterized by a mixture of housing types in commercial areas and to facilitate the development and redevelopment of areas suited to a combination of commercial and residential uses within the same building. It is recognized that some mature areas of the Village are comprised of a variety of compatible uses and the MX Mixed Use District is created for the purpose of maintaining the vitality of such areas and encouraging appropriate redevelopment.

   B.   Purpose: The purposes of the MX Mixed Use District are to:

      1.   Accommodate mixed-use buildings with neighborhood-serving retail, service, and other uses on the ground floor and residential units above the non-residential space;

      2.   Encourage development that exhibits the physical design characteristics of pedestrian-oriented, storefront-style shopping streets;

      3.   Allow for the conversion of dwelling units in older commercial areas of mixed dwelling types in order to extend the economic life of these structures and allow owners to justify expenditures for repairs and modernization; and

      4.   Serve as a zone of transition between commercially dense districts and residential districts by permitting residential occupancy in the units above the non-residential space.

   C.   Definition:

 

 

   D.   Permitted Uses: The following uses are permitted in the MX Mixed Use District:

      Banks.

      Barbershops.

      Fire stations.

      Hotels and motels.

      Laundromats.

      Offices.

      Printing shops.

      Recreational activities, commercial types.

      Restaurants.

      Retail stores.

      Single-family residential (upper level only).

      Theaters, other than drive-ins.

      Other uses of the same general character as above.

   E.   Building Height: No principal structure shall exceed three (3) stories or thirty five feet (35') in height. No accessory structure shall exceed one story or fifteen feet (15') in height.

   F.   Lot Requirements: The following minimum lot requirements shall be observed:

      1.   Lot Area: Two thousand five hundred (2,500) square feet for all mixed use.

      2.   Lot Width: No minimum.

   G.   Yard Requirements:

      1.   Minimum Depths: Yards of the following minimum depths shall be provided:

         a.   Front Yards: No minimum.

         b.   Side Yards: No minimum.

         c.   Rear Yard: Not less than ten feet (10').

         d.   If the side yard or rear yard abuts a residential district, there shall be a minimum five foot (5') side yard and twenty foot (20') rear yard.

      2.   Vegetation In Yards: Property owners may plant bushes, trees, flowers or other ornamental plantings; however, for any growth extending over the lot line of an adjoining neighbor, or that any way may reasonably become a danger or nuisance to the community, the vegetation may be required to be abated.

   H.   Off-Street Parking And Loading Requirements: All off-street parking and loading shall conform to the requirements enumerated in chapter 11 of this title.

   I.   Fences:

      1.   Height Limitations: If a fence is to be constructed at the rear or side yard of a MX Mixed Use lot that abuts a residential district, it shall be at least six feet (6') in height along the lot line that abuts the residence district.

      2.   Location: The fence must be at least six inches (6") from the lot line. If there are complaints by an adjoining neighbor and the fence is determined to be closer than six inches (6") from the lot line, the responsibility is upon the fence owner to remove it at his own expense.

      3.   Jointly Owned Fences: If adjoining property owners agree in writing and file an acknowledgment with the village clerk, a fence may be built on the precise lot line between the properties. The agreement must specify that neither owner may remove the fence without the permission of the other owner. Both parties are responsible for the maintenance of the fence.

   J.   Indoor/Outdoor Operations: All permitted uses, including commercial and residential purposes, in the MX Mixed Use District must be conducted completely within the enclosed buildings on the lot unless expressly authorized otherwise by the Village Board. This requirement does not apply to off-street parking or load areas, outdoor seating areas, or other specifically allowed outdoor activities in a C Commercial zoning district.

   K.   Signs: All signs shall conform to the requirements enumerated in chapter 10 of this title.

   L.   Zoning Map Amendment Guidelines: In making its legislative determination to zone or rezone property to the MX Mixed Use District zoning classification, the Zoning Committee, Zoning Board of Appeals and/or Planning Commission may apply the following guidelines to the proposal under consideration:

      1.   The capacity of existing and proposed community facilities and utilities including water, sewer, and transportation systems to serve the permitted uses which might lawfully occur on the property so zoned;

      2.   The relationship of the subject property to the various aspects of the village's transportation system including pedestrian ways, bicycle paths, major and collector streets, and public transit;

      3.   The adequacy of public services including schools, police and fire protection, and solid waste collection serving the property and the impact the permitted uses would have upon these services;

      4.   The potential impact existing or permitted uses in the vicinity would have upon the land uses authorized in the MX Mixed Use District and the impact such uses, if developed, would have upon existing uses in the vicinity;

      5.   The extent to which the proposal will promote balanced growth in the community and will be consistent with the village's goals for equal housing opportunity and a variety of housing types;

      6.   The impact any natural disasters, including flooding, would have upon the permitted uses;

      7.   The impact the proposal would have upon the environment including noise, air and water pollution;

      8.   The conformance of the proposal to the overall comprehensive plan and map for the village. (Ord. 2013-48, 11-7-2013)