For the purpose of this chapter, the village is hereby divided into use districts designated as follows:

(1)

A-1 Agricultural District.

(2)

R-1 Single-Family Residential District.

(3)

R-2 Single-Family Residential District.

(4)

R-3 Single-Family Residential District.

(5)

R-4 Single-Family Residential District.

(6)

R-5 Single-Family Residential District.

(7)

R-6 Two-Family Residential District.

(8)

R-8 Multiple-Family Residential District.

(9)

R-9 Mobile Home Park District.

(10)

B-1 Community Business District.

(11)

B-2 Downtown Business District.

(12)

M-1 Limited Manufacturing District.

(13)

M-2 General Manufacturing District.

(14)

P-1 Park and Recreation District.

(15)

I-1 Institutional and Public Service District.

(16)

PUD Planned Unit Development District.

(17)

FW Floodway District.

(18)

FC Floodplain-Conservancy District.

(19)

FF Flood Fringe District.

(20)

GFD General Floodplain District.

(Prior Code, § 14.06A; Ord. No. 94-06; Ord. No. 94-10; Ord. No. 02-07; Ord. No. 06-08)

(a)

Boundaries of these districts are hereby established as shown on the maps entitled "Zoning Map—Village of Jackson, Wisconsin" and "Supplementary Flood Land Zoning Map—Village of Jackson, Wisconsin," and are made a part of this chapter. Such boundaries shall be construed to follow village limits; federal public land survey lines; lot or property lines; centerlines of streets, highways, alleys, easements, and railroad rights-of-way or such lines extended; unless otherwise noted on the zoning map.

(b)

The boundaries of the floodway district (FW), the floodplain-conservancy district (FC), and the floodplain fringe overlay district (FFO) shall be determined by use of the scale contained on the supplementary flood land zoning map. The flood stages, under floodway conditions, contained on the supplementary flood land zoning map were developed from technical data contained in the "Flood Insurance Study—Jackson, Wisconsin," published by the Federal Emergency Management Agency (FEMA), Federal Insurance Administration (FIA), and dated October 16, 2015. The information contained in the flood insurance study is further illustrated in FIA floodway and flood boundary map and flood insurance rate map, both maps dated October 16, 2015. Where a conflict exists between the flood land limits as shown on the map and actual field conditions, the elevations from the 100-year recurrence interval flood profile under floodway conditions shall be the governing factor in locating the regulatory flood land limits.

(c)

Vacation of public streets and alleys shall cause the land vacated to be automatically placed in the same district as the abutting side to which the vacated land reverts.

(d)

Annexations to or consolidations with the village subsequent to the effective date of the ordinance from which this chapter is derived shall be placed in the A-1 Agricultural District, unless the annexation ordinance temporarily places the land in another district. Within one year the village plan commission shall evaluate and recommend a permanent classification to the village board. Annexations or consolidations containing flood lands shall be placed in the following districts:

(e)

All floodways shall be placed in the floodway district (FW).

(f)

All other flood lands shall be placed in the floodplain-conservancy district (FC).

(Prior Code, § 14.06B; Ord. No. 94-06; Ord. No. 94-10; Ord. No. 02-07; Ord. No. 06-08)

A certified copy of the zoning map, together with the supplementary flood land zoning map, shall be adopted and approved with the text as a part of this chapter and shall bear upon its face the attestation of the village president and village clerk and shall be available to the public in the office of the village clerk. Changes thereafter to the general zoning districts shall be entered and attested on the certified copy. Changes in the flood land districts shall not become effective until approved by the state department of natural resources (DNR) and the Federal Insurance Administration (FIA).

(Prior Code, § 14.06C; Ord. No. 94-06; Ord. No. 94-10; Ord. No. 02-07; Ord. No. 06-08; Ord. No. 23-07, § 46)

(a)

No land shall be used or structure erected where the land is unsuitable for such use or structure, by reason of flooding, concentrated runoff, inadequate drainage, adverse soil or rock formation, unfavorable topography, or low bearing strength, erosion susceptibility, or any other feature likely to be harmful to the health, safety, prosperity, aesthetics, and general welfare of this community. The village, in applying the provisions of this section, shall, in writing, recite the particular fact upon which it bases its conclusion that the land is not suitable for certain uses. The applicant shall have the opportunity to present evidence contesting such unsuitability findings if he so desires. Thereafter the village may affirm, modify, or withdraw its determination of unsuitability.

(b)

All lots shall abut on a public street, and each lot shall have a minimum frontage at the setback line as required by the zoning district in which the lot is located.

(c)

Lots abutting upon a cul-de-sac or on the outside of a curve may be less than the required lot width at the street right-of-way, but in no case shall such lots be less than 50 feet in width at the street right-of-way nor less than the required lot width at the setback line.

(d)

All principal structures shall be located on a lot; and only one principal structure shall be located, erected, or moved onto a lot.

(e)

No building permit shall be issued for a lot which abuts a public street dedicated to only a portion of its proposed width and located on that side thereof from which the required dedication has not been secured.

(Prior Code, § 14.04A; Ord. No. 02-06)

(a)

A lot which does not contain sufficient area to conform to the dimensional requirements of this chapter, but which is at least 50 feet wide and 6,000 square feet in area, may be used as a single-family building site, provided that the use is permitted in the zoning district, provided the lot is of record in the county register of deeds' office prior to the effective date of the ordinance from which this chapter is derived, and provided that the lot is in separate ownership from abutting lands. The improvement of such a lot may only proceed upon the granting of a conditional use by the village.

(b)

If two or more substandard lots with continuous frontage have the same ownership as of January 1, 1991, the lots involved shall be considered to be an individual parcel for the purpose of this chapter. Substandard lots shall be required to meet the setbacks and other yard requirements of this chapter.

(Prior Code, § 14.04B; Ord. No. 02-06)

(a)

Pre-existing exceptional circumstances. Whenever the village determines that a parcel of real estate, which parcel was in existence at the time of the adoption of the ordinance from which this chapter is derived, cannot be put to any use under the terms of the zoning ordinance, the village may, after public hearing, allow such parcel to be put to such use as the village determines.

(b)

Use under exceptional circumstances. The village shall list in writing what use and the terms and conditions of such use a parcel found to be exceptional might be put to. No alteration, expansion or other change may thereafter be made under the zoning ordinance for such parcel.

(Prior Code, § 14.04C; Ord. No. 02-06)

No lot, yard, parking area, building area, or other space shall be reduced in area or dimension so as not to meet the provisions of this chapter. No part of any lot, yard, parking area, or other space required for a structure or use shall be used for any other structure or use. The village may grant a conditional use for the joint use of parking where one or more different uses having parking needs at differing times of the day can fulfill their parking needs by agreement through the use of a common facility.

(Prior Code, § 14.04D; Ord. No. 02-06)

If a lot is located partially within the FW Cedar Creek Floodway District and partially within any adjoining use district, that portion of the lot in the FW Cedar Creek Floodway District may be utilized to meet the area requirements of the adjoining use district.

(Prior Code, § 14.04E; Ord. No. 02-06)

(a)

Lots abutting restrictive district boundaries. Lots abutting more restrictive district boundaries shall provide side and rear yard setbacks not less than those required in the more restrictive abutting district.

(b)

Side yard requirement for corner lots. The side yard requirement for corner lots shall be the same as the street yard requirement for other lots facing the same street.

(c)

Decrease of required street yard in residential or business district. The required street yard may be decreased in any residential or business district to the average of the existing street yards of the abutting structures, but in no case shall the setback be less than 15 feet in any residential district or less than five feet in any business district.

(d)

Modification of yard and setback requirements. Yard requirements may be modified to accommodate the following:

(1)

Projections. Uncovered stairs, landings and fire escapes may project into any yard. These projections may not exceed six feet and may not be closer than three feet to any lot line. Stairs and landings shall be slatted to permit snow and rain to fall through them. Architectural projections such as chimneys, eaves, and ornaments may project into any required yard, but may not exceed three feet.

(2)

Security fences. Security fences shall not be permitted in residential districts. Security fences may be constructed in all other zoning districts on property lines upon the conditional use approval.

(3)

Landscaping. Landscaping, ornaments, and vegetation are generally exempt from the yard setback requirements of this chapter, except where hedges and plant materials may conflict with reasonable safety provisions. Deciduous shrubs and conifers shall be kept trimmed to the public right-of-way line to promote safe pedestrian and vehicular safety provisions. Deciduous trees shall be pruned to permit a minimum seven foot clearance over walks and as necessary over streets and alleys.

(4)

Additions. Additions in the street yard to existing structures shall not project beyond the average of the existing street yards on abutting lots or parcels.

(5)

Essential services. Utilities, electric power, and communication lines are exempt from the yard and distance requirements of this chapter.

(Prior Code, § 14.04F; Ord. No. 02-06)

(a)

Generally. Accessory uses and detached accessory structures are permitted in the rear yard. They shall not be closer than ten feet to the principal structure. However, they may be within five feet of the principal structure when the accessory structure is provided with an adequate one-hour firewall. Accessory uses shall not exceed 15 feet in height, unless a conditional use permit is granted by the village board. Accessory uses shall not be closer than three feet to any lot line; and shall not be closer than five feet to an alley right-of-way line.

(b)

Garages. Garages located in a residential district or where the principal use is residential shall conform to the following:

(1)

No more than one private garage structure shall be permitted per lot.

(2)

No private garage shall have a floor area larger than 880 square feet or larger than 40 percent of the dwelling living space unless a conditional use permit is granted by the village board.

(3)

Construction shall conform to the village building code.

(c)

Utility sheds. Utility sheds located in a residential district or where the principal use is residential shall conform to the following:

(1)

No more than one utility shed structure shall be permitted per lot.

(2)

No utility shed shall have a floor area larger than 150 square feet unless a conditional use permit is granted by the village board.

(3)

The utility shed shall be securely anchored to withstand wind uplift of 20 pounds per square foot.

(Prior Code, § 14.04F; Ord. No. 02-06; Ord. No. 20-08, § I)

Whenever a parcel zoned B-1, B-2, M-1, or M-2 abuts a parcel zoned residential, at the time construction of improvements on the commercial or industrial parcel begins, the owner shall construct a barrier on the lot line between the parcels consisting of fencing, shrubbery, plantings, berm or other means. The proposed barrier shall be approved by the village, as part of the conditional use approval.

(Prior Code, § 14.04F; Ord. No. 02-06)

The height limit on structures shall be determined from the averaged finished grades at the principal corners of the structure, as determined by the zoning officer. All uses requiring a modification of the height limitations specified in this chapter shall be required to apply for a conditional use permit.

(Prior Code, § 14.04G; Ord. No. 02-06)

(a)

Principal uses. Only those principal uses specified for a district, conditional use, or planned unit development, their essential services, and the following uses shall be permitted in that district.

(b)

Accessory uses. Accessory uses and structures are permitted in any district but not until their principal structure is present or under construction. Residential accessory uses shall not involve the conduct of any business, trade, or industry except the permitted home occupations and professional home offices as defined in this chapter. Accessory uses include incidental repairs, storage, parking facilities, gardening, servant's, owner's and watchmen's quarters not for rent, private swimming pools, and private emergency shelters.

(c)

Conditional uses and planned unit development uses. Conditional uses and planned unit development uses, and their accessory uses are considered as special uses requiring review, public hearing, and approval by the village board in accordance with this article. In addition to the required Class 2 public hearing notices that shall be published in the newspaper for applications for a conditional use permit or planned unit development, the village clerk shall also mail public hearing notices to all contiguous property owner's mailing address of a parcel subject to an application for a conditional use permit or planned unit development application at least ten days prior to the public hearing. Failure to mail the public hearing notices shall not invalidate any actions taken.

(d)

Temporary uses. Temporary uses (such as real estate offices or shelters for materials and equipment used in the construction of a permanent structure) may be permitted by the village. Sales of goods or merchandise from a trailer shall not be permitted.

(e)

Unclassified or unspecified uses. Unclassified or unspecified uses shall not be permitted until a zoning text change permitting the use has been reviewed and approved in accordance with the requirements of section 48-34.

(Prior Code, § 14.04H.1—H.5; Ord. No. 02-06; Ord. No. 22-11)

(a)

Generally. The A-1 Agricultural District is intended to provide for the continuation of general farming and related uses in those areas of the village that are not yet committed to urban development. It is further the intent of this district to protect lands contained herein from urban development until their orderly transition into urban oriented districts is required.

(b)

Permitted uses. There are no permitted uses in this zoning district.

(c)

Conditional uses. All uses are conditional in this zoning district.

(d)

Lot area and width. Farm structures hereafter erected, moved, or structurally altered shall provide a contiguous area of not less than five acres and no farm parcel shall be less than 300 feet in width at the setback line. Accessory farm buildings, existing residential structures, and farm dwellings remaining after the consolidation of existing farms shall provide a lot area of not less than 40,000 square feet and shall be not less than 120 feet in width at the setback line.

(e)

Building height and area. No building or parts of a building shall exceed 35 feet in height. No farm dwelling or other residential structure shall be less than 1,100 square feet in area with a first floor area of 750 square feet.

(f)

Setbacks and yards. There shall be a minimum building setback of 50 feet from the street right-of-way. There shall be a side yard on each side of the principal structure not less than 25 feet in width and a rear yard of not less than 50 feet.

(Prior Code, § 14.06D.1; Ord. No. 94-06; Ord. No. 94-10; Ord. No. 02-07; Ord. No. 06-08)

(a)

Generally. The R-1 Single-Family Residential District is intended to provide for single family residential development, at densities not to exceed 2.7 dwelling units per net acre, served by municipal sewer and water facilities.

(b)

Permitted uses. Single-family dwellings.

(c)

Permitted accessory uses. Permitted accessory uses include private garages, private carports, sheds (garden, tool and storage) incidental to the residential use, and home occupations and professional home offices as specified in section 48-1.

(d)

Conditional uses. No conditional uses may be applied for in this zoning district.

(e)

Lot area and width. Lots shall be a minimum of 16,000 square feet in area and shall be not less than 100 in width at the setback line.

(f)

Building height and area. No principal building or parts of a principal building shall exceed 35 feet in height. No accessory building shall exceed 15 feet in height. The total minimum floor area of a dwelling shall be 1,100 square feet with a minimum first floor area of 750 square feet.

(g)

Setbacks and yards. There shall be a minimum building setback of 30 feet from the right-of-way of all streets. There shall be a side yard on each side of all buildings not less than 15 feet in width and a rear yard of not less than 25 feet.

(Prior Code, § 14.06D.2; Ord. No. 94-06; Ord. No. 94-10; Ord. No. 02-07; Ord. No. 06-08)

(a)

Generally. The R-2 Single-Family Residential District is intended to provide for single-family residential development at densities not to exceed 3.1 dwelling units per net acre, served by municipal sewer and water facilities.

(b)

Permitted uses. Single-family dwellings.

(c)

Permitted accessory uses. Permitted accessory uses include private garages, private carports, sheds (garden, tool and storage) incidental to the residential use, and home occupations and professional home offices as specified in section 48-1.

(d)

Conditional uses. No conditional uses may be applied for in this zoning district.

(e)

Lot area and width. Lots shall be a minimum of 14,000 square feet in area and shall not be less than 90 feet in width at the setback line.

(f)

Building height and area. No principal building or parts of a principal building shall exceed 35 feet in height. No accessory building shall exceed 15 feet in height. The total minimum floor area of a dwelling shall be 1,100 square feet with a minimum first floor area of 750 square feet.

(g)

Setbacks and yards. There shall be a minimum building setback of 30 feet from the right-of-way of all streets. There shall be a side yard on each side of all buildings not less than 12 feet in width and a rear yard of not less than 25 feet.

(Prior Code, § 14.06D.3; Ord. No. 94-06; Ord. No. 94-10; Ord. No. 02-07; Ord. No. 06-08)

(a)

Generally. The R-3 Single-Family Residential District is intended to provide for single-family residential development at densities not to exceed 3.6 dwelling units per net acre, served by municipal and water facilities.

(b)

Permitted uses. Single-family dwellings.

(c)

Permitted accessory uses. Permitted accessory uses include private garages, private carports, sheds (garden, tool and storage) incidental to the residential use, and home occupations and professional home offices as specified in section 48-1.

(d)

Conditional uses. No conditional uses may be applied for in this zoning district.

(e)

Lot area and width. Lots shall be a minimum of 12,000 square feet in area and shall not be less than 80 feet in width at the setback line.

(f)

Building height and area. No principal building or parts of a principal building shall exceed 35 feet in height. No accessory building shall exceed 15 feet in height. The total minimum floor area of a dwelling shall be 1,000 square feet with a minimum first floor area of 600 square feet.

(g)

Setbacks and yards. There shall be a minimum building setback of 30 feet from the right-of-way of all streets. There shall be a side yard on each side of all buildings not less than 12 feet in width and a rear yard of not less than 25 feet.

(Prior Code, § 14.06D.4; Ord. No. 94-06; Ord. No. 94-10; Ord. No. 02-07; Ord. No. 06-08)

(a)

Generally. The R-4 Single-Family Residential District is intended to provide for single-family residential development at densities not to exceed 4.4 dwelling units per net acre, served by municipal sewer and water facilities.

(b)

Permitted uses. Single-family dwellings.

(c)

Permitted accessory uses. Permitted accessory uses include private garages, private carports, sheds (garden, tool and storage) incidental to the residential use, and home occupations and professional home offices as specified in section 48-1.

(d)

Conditional uses. Conditional uses include group homes, foster homes, and halfway houses, provided that there shall be a minimum lot area of 2,500 square feet per person (upon ultimate development) and a minimum principal building area of 200 square feet per person.

(e)

Lot area and width. Lots shall be a minimum of 10,000 square feet in area and shall be not less than 75 feet in width at the setback line.

(f)

Building height and area. No principal building or parts of a principal building shall exceed 35 feet in height. No accessory building shall exceed 15 feet in height. The total floor area of a dwelling shall be 1,000 square feet with a minimum first floor area of 600 square feet.

(g)

Setbacks and yards. There shall be a minimum building setback of 25 feet from the right-of-way of all local streets and a setback of 30 feet from the right-of-way of all collector and arterial streets. There shall be a side yard not less than ten feet in width on each side of the lot and a rear yard of not less than 25 feet.

(Prior Code, § 14.06D.5; Ord. No. 94-06; Ord. No. 94-10; Ord. No. 02-07; Ord. No. 06-08)

(a)

Generally. The R-5 Single-Family Residential District is to provide for a single-family residential development at densities not to exceed 5.4 dwelling units per net acre, served by municipal sewer and water facilities.

(b)

Permitted uses. Single-family dwellings.

(c)

Permitted accessory uses. Permitted accessory uses include private garages, private carports, sheds (garden, tool and storage) incidental to the residential use, and home occupations and professional home offices as specified in section 48-1.

(d)

Conditional uses. Conditional uses include group homes, foster homes, and halfway houses, provided that there shall be a minimum lot area of 2,000 square feet per person (upon ultimate development) and a minimum principal building area of 200 square feet per person.

(e)

Lot area and width. Lots created after January 1, 1991, shall have a minimum of 8,000 square feet in area and shall not be less than 70 feet in width at the setback line. Lots created prior to January 1, 1991 shall have a minimum of 8,000 square feet and shall not be less than 50 feet in width at the setback line. Single lots created as an infill lot (the remaining space between the two platted and zoned single-family residential lots; between one platted and zoned single-family residential lot and a right-of-way boundary; or between a platted and zoned single-family residential lot and a lot zoned for other uses other than single-family residences) shall have a minimum area of 8,000 square feet and shall not be less than 50 feet in width at the setback line.

(f)

Building height and area. No principal building or parts of a principal building shall exceed 35 feet in height. No accessory building shall exceed 15 feet in height. The total minimum floor area of a one bedroom dwelling shall be 800 square feet; the total minimum floor area of a two bedroom dwelling shall be 900 square feet; and the total minimum floor area of a three bedroom dwelling shall be 1,000 square feet.

(g)

Setbacks and yards. There shall be a minimum building setback of 25 feet from the right-of-way of all local streets and a setback of 30 feet from the right-of-way of all collector and arterial streets. There shall be a side yard on each side of all buildings not less than eight feet in width and a rear yard of not less than 25 feet.

(Prior Code, § 14.06D.6; Ord. No. 94-06; Ord. No. 94-10; Ord. No. 02-07; Ord. No. 06-08)

(a)

Generally. The R-6 Mixed Residential District is intended to provide for one and two-family residential development at densities not to exceed 7.2 dwelling units per net acre, served by municipal sewer and water facilities.

(b)

Permitted uses. Two-family dwellings, a complex of two or more two-family dwellings on a lot, twin-home dwellings, and single-family dwellings.

(c)

Permitted accessory uses. Permitted accessory uses include private garages, private carports, sheds (garden, tool, and storage) incidental to the residential use, and home occupations and professional home offices as specified in section 48-1.

(d)

Conditional uses. Conditional uses include group homes, foster homes, and halfway houses provided that there shall be a minimum lot area of 1,500 square feet per person (upon ultimate development) and a minimum principal building area of 200 square feet per person.

(e)

Lot area and width. Except for twin-home lots, all lots shall be a minimum of 6,000 square feet in area for each dwelling unit and shall not be less than 85 feet in width at the setback line. Twin-home lots shall be a minimum of 4,500 square feet in area for each dwelling unit and shall not be less than 40 feet in width at the setback line.

(f)

Building height and area. No principal building or parts of a principal building shall exceed 35 feet in height. No accessory building shall exceed 15 feet in height. The total minimum floor area of a one-bedroom dwelling shall be 700 square feet; the total minimum floor area of a two-bedroom dwelling shall be 1,000 square feet.

(g)

Setbacks and yards. There shall be a minimum setback of 25 feet from the right-of-way of local streets. There shall be a 30-foot minimum setback from the right-of-way of all collector and arterial streets. There shall be a side yard on each side of all buildings not less than 15 feet in width and a rear yard of not less than 25 feet. Within a two-family development complex, the minimum distance between residential buildings shall be 30 feet.

(Ord. No. 24-03, § 1)

Editor's note— Ord. No. 24-03, § 1, adopted April 9, 2024, amended § 48-142 in its entirety, in effect repealing and reenacting said § 48-142 to read as set out herein. The former § 48-142 pertained to R-6 Two-Family Residential District and derived from Prior Code, § 14.06D.7; Ord. No. 94-06; Ord. No. 94-10; Ord. No. 02-07; Ord. No. 06-08; Ord. No. 22-18, § 1.

(a)

Generally. The R-8 Multiple-Family Residential District is intended to provide for multiple-family residential development served by municipal sewer and water facilities.

(b)

Permitted uses. There are no permitted uses in this zoning district.

(c)

Conditional uses. All uses and accessory uses are conditional in this zoning district.

(d)

Lot area and width. Lots have the minimum of the larger of 16,000 square feet in area. The minimum total area required per dwelling unit shall be 3,000 square feet for each one bedroom dwelling and 3,500 square feet for each two bedroom or larger dwelling unit. Lots shall not be less than 85 feet in width.

(e)

Building height and area. No principal building or parts of a principal building shall exceed 35 feet in height. No accessory building shall exceed 15 feet in height. No principal building shall have a floor area of not less than 2,000 square feet. The total required floor area per building shall be 500 square feet for each one bedroom dwelling unit, 700 square feet for each two bedroom dwelling unit, and 900 square feet for each three bedroom (or larger) dwelling unit.

(f)

Setback and yards. There shall be a minimum building setback of 30 feet from the right-of-way of all streets. There shall be a minimum side yard on each side of all buildings not less than 20 feet in width and a rear yard of not less than 25 feet.

(Prior Code, § 14.06D.8; Ord. No. 94-06; Ord. No. 94-10; Ord. No. 02-07; Ord. No. 06-08)

(a)

Generally. The R-9 Mobile Home Park District is intended to provide for the location of mobile home parks in a residential setting that is compatible with or buffered from adjacent land uses. Mobile homes are declared herein to be residential structures and are entitled to the same protection from incompatible uses as is afforded residential uses in other residential districts.

(b)

Permitted uses. None; all uses are conditional uses.

(c)

Lot area and width. Minimum park size shall be 20 acres. Minimum lot area for a single module mobile home shall be 5,000 square feet. Minimum lot area for a doublewide mobile home shall be 7,200 square feet. The mobile home lot shall be a minimum of 60 feet in width.

(d)

Setbacks and spacing requirements. The minimum distance between a mobile home unit and all exterior park lot lines shall be 30 feet. The minimum distance between mobile homes shall be 15 feet. The minimum setback for all mobile homes shall be 50 feet from all public streets and 30 feet from service roads.

(e)

Park land dedication and open space requirements. Each mobile home park shall dedicate and construct recreation areas equal to the aggregate of 100 square feet per residential unit. Parkland or a park fee in lieu of a dedication shall be required. The village shall have the sole discretion as to which option shall be exercised. Such fees shall be set forth by resolution. Minimum open space provided shall be 20 percent of the development area, exclusive of streets.

(f)

Screening requirements. All mobile home parks shall be enclosed and screened using materials approved as part of the conditional use.

(Prior Code, § 14.06D.9; Ord. No. 94-06; Ord. No. 94-10; Ord. No. 02-07; Ord. No. 06-08)

(a)

Generally. The RT-10 Single-Family Residential District is intended to provide for single-family residential development not to exceed one dwelling unit per parcel, served by municipal sewer and water facilities. This zoning designation shall not be used in any other location except for those properties annexed into the village under Ordinance No. 20-09 and indicated as exhibits B-1, B-5, B-6 on the attached map to the ordinance from which this section is derived.

(b)

Permitted uses. Single-family dwellings.

(c)

Permitted accessory uses. Permitted accessory uses include private garages, private carports, sheds (garden, tool and storage) incidental to the residential use, and home occupations and professional home offices as specified in section 48-1.

(d)

Conditional uses. Conditional uses include group homes, foster homes, and halfway houses provided there be a minimum lot area of 1,500 square feet per person (upon ultimate development) and a minimum principal building area of 200 square feet per person.

(e)

Lot area and width. Lots shall be a minimum of 20,000 square feet in area and shall not be less than 50 feet in width at the setback line. Corner lots shall not be less than 100 feet in width at the setback line along at least one of the frontage yards.

(f)

Building height and area. No principal building or parts of a principal building shall exceed 35 feet in height. No accessory building shall exceed 15 feet in height. The total minimum floor area of a one-story dwelling shall be 1,200 square feet; the total minimum floor area of a multi-story dwelling shall be 1,800 square feet. Multi-story dwellings shall have a minimum first floor area of 1,000 square feet.

(g)

Setbacks and yards. There shall be a minimum setback of 75 feet from the road centerline or 42 feet from the right-of-way of local streets, whichever is greater. There shall be a minimum side yard of ten feet and there shall be an aggregate side yard of not less than 25 feet. There shall a minimum rear yard setback of not less than 50 feet.

(Ord. No. 22-12, § 1)

(a)

Generally. The RT-11 Single-Family Residential District is intended to provide for single-family residential development at densities not to exceed one dwelling unit per parcel, served by municipal sewer and water facilities. This zoning designation shall not be used in any other location except for those properties annexed into the village under Ordinance No. 20-09 and indicated as exhibits B-2 and B-3 on the attached map to the ordinance from which this section is derived.

(b)

Permitted uses. Single-family dwellings.

(c)

Permitted accessory uses. Permitted accessory uses include private garages, private carports, sheds (garden, tool and storage) incidental to the residential use, and home occupations and professional home offices as specified in section 48-1.

(d)

Conditional uses. Conditional uses include group homes, foster homes, and halfway houses provided there be a minimum lot area of 1,500 square feet per person (upon ultimate development) and a minimum principal building area of 200 square feet per person.

(e)

Lot area and width. Lots shall be a minimum of one acre in area and shall not be less than 175 feet in width at the setback line.

(f)

Building height and area. No principal building or parts of a principal building shall exceed 35 feet in height. No accessory building shall exceed 15 feet in height. The total minimum floor area of a one-story dwelling shall be 1,200 square feet; the total minimum floor area of a two-story dwelling shall be 1,800 square feet. Multi-story dwellings shall have a minimum first floor area of 1,000 square feet.

(g)

Setbacks and yards. There shall be a minimum setback of 100 feet from the road centerline or 42 feet from the right-of-way of local streets, whichever is greater. There shall be a minimum side yard of 25 feet from all structures. There shall be a minimum rear yard setback of not less than 50 feet.

(Ord. No. 22-12, § 2)

(a)

Generally. The B-1 Community Business District is intended to provide for individual or small groups of retail and customer service establishments. This type of district is generally located away from the traditional central business district and provides such amenities as increased open space and off-street parking and loading facilities, making such retail centers more compatible with the character of adjacent residential districts.

(b)

Permitted uses. None; all uses are conditional uses.

(c)

Lot area and width. Lots shall have a minimum area of one acre and shall not be less than 150 feet in width.

(d)

Building height. No building or parts of a building shall exceed 35 feet in height.

(e)

Setbacks and yards. There shall be a minimum setback of 50 feet from the street right-of-way. There shall be a side yard on either side of the principal structure of not less than 15 feet in width and a rear yard of not less than 25 feet.

(Prior Code, § 14.06D.10; Ord. No. 94-06; Ord. No. 94-10; Ord. No. 02-07; Ord. No. 06-08)

(a)

Generally. The B-2 Downtown Business District is intended to provide for the orderly continuation of the traditional central business district. The business activities are more of a general nature and are characterized by on-street parking. While continuing those existing businesses at their present level of service, new businesses located in the B-2 Downtown Business District should be required to provide for off-street parking and loading.

(b)

Permitted uses. None; all uses are conditional uses.

(c)

Lot area and width. Lots shall have a minimum of 7,000 square feet in area and shall be not less than 60 feet in width at the setback line.

(d)

Building height. No building or parts of building shall exceed 35 feet in height.

(e)

Setbacks and yards. There shall be a minimum building setback of ten feet from the street right-of-way. No minimum side yard is required; however, where a side yard is provided, it shall not be less than ten feet. There shall be a rear yard of not less than 25 feet.

(Prior Code, § 14.06D.11; Ord. No. 94-06; Ord. No. 94-10; Ord. No. 02-07; Ord. No. 06-08)

(a)

Generally. The M-1 Limited Manufacturing District is intended to provide for manufacturing, industrial, and related uses of a limited nature and size in situations where such uses are not located in basic industrial groupings and where the relative proximity to other uses requires more restrictive regulation.

(b)

Permitted uses. None; all uses are conditional uses.

(c)

Lot area and width. Lots shall have a minimum area of 10,000 square feet and shall not be less than 60 feet in width at the setback line.

(d)

Building height. No building or part of a building shall exceed 35 feet in height.

(e)

Setbacks and yards. There shall be a minimum building setback of 30 feet from the right-of-way of all streets. There shall be a side yard on each side of all buildings not less than 12 feet in width and a rear yard of not less than 25 feet.

(Prior Code, § 14.06D.12; Ord. No. 94-06; Ord. No. 94-10; Ord. No. 02-07; Ord. No. 06-08)

(a)

Generally. The M-2 General Manufacturing District is intended to provide for manufacturing and industrial development of a more general and less restrictive nature than in the M-1 district in those areas where the relationship to surrounding land use would create fewer problems of compatibility and would not necessitate as stringent regulatory controls. Such districts should not normally abut directly upon residential districts less than ten acres.

(b)

Permitted uses. None; all uses are conditional uses.

(c)

Lot area and width. Lots shall have a minimum area of 10,000 square feet and shall not be less than 60 feet in width at the setback line.

(d)

Building height. No building or part of a building shall exceed 35 feet in height.

(e)

Setbacks and yards. There shall be a minimum building setback of 30 feet from the right-of-way of all streets. There shall be a side yard on each side of all buildings not less than 12 feet in width and a rear yard of not less than 25 feet.

(Prior Code, § 14.06D.13; Ord. No. 94-06; Ord. No. 94-10; Ord. No. 02-07; Ord. No. 06-08)

(a)

Generally. The P-1 Park and Recreation District is intended to provide for areas where the recreational needs, both public and private, of the populace can be met without undo disturbance of natural resources and adjacent uses.

(b)

Permitted uses. None; all uses are conditional uses.

(c)

Lot area and width. Lots in the P-1 Park and Recreation District shall provide sufficient area for the principal structure and accessory structures, off-street parking and loading areas, as required by section 48-174.

(d)

Building height. No building or part of a building shall exceed 35 feet in height.

(e)

Setbacks and yards. All setbacks shall be part of the conditional use process.

(Prior Code, § 14.06D.14; Ord. No. 94-06; Ord. No. 94-10; Ord. No. 02-07; Ord. No. 06-08)

(a)

Generally. The I-1 Institutional and Public Service District is intended to eliminate the ambiguity of maintaining, in unrelated use districts, areas which are under public or public-related ownership and where the use for public purpose is anticipated to be permanent.

(b)

Permitted uses. None; all uses are conditional uses.

(c)

Lot area and width. Lots shall be a minimum of 8,000 square feet in area and shall not be less than 70 feet in width at the setback line.

(d)

Setbacks and yards. There shall be a minimum building setback of 30 feet from the right-of-way of all streets. There shall be a side yard on each side of all buildings not less than 12 feet in width and a rear yard of not less than 25 feet.

(Prior Code, § 14.06D.15; Ord. No. 94-06; Ord. No. 94-10; Ord. No. 02-07; Ord. No. 06-08)

(a)

When applicable. The owner or developer of a parcel of land of two or more acres may follow the provisions of this section in applying for development approval.

(b)

Purpose. The planned unit development (PUD) procedure offers flexibility in design and layout for residential, commercial, and industrial developments and makes it possible for mixed uses to be integrated into a development. It may provide for open space and land for public purposes. It may permit the use of a more creative development approach, such as zero lot line development. This process offers flexibility, but demands strict compliance. Amendments to the development agreement shall be made by the village board.

(c)

Compliance. The planned unit development proposal shall be in compliance with the adopted plans and policies of the village for development. The owner or developer shall provide assurance that the approved planned unit development (PUD) project, including the conditions of approval and schedule, will be complied with. The developer or owner shall sign and record a development agreement, a development plan showing all improvements to be constructed, and any deed restrictions or covenants required for approval. The owner or the owner's agent of commercial and industrial developments shall obtain approval of the village for all leases of the PUD project prior to entering into a lease for the entire premises or portions thereof. This requirement is applicable to existing and future PUD commercial and industrial developments. Leasehold uses shall be in compliance with the village's adopted plans and policies for development. The owner shall incorporate the requirements of this subsection in any development agreement required for the project.

(d)

Density. The former zoning classification of the area under consideration shall serve as the primary requisite in determining the density of dwelling units within the proposed PUD unless it was found that a reduction or increase would be in the best interest of the village. The density of residential development shall be not greater than the number of units permitted per acre on a total acreage basis and shall include wetlands, water bodies, stormwater detention basins, dedicated park land, open space owned in common, etc., so as to maximize open space, wetlands, woodlands, and views, while giving the developer the units needed for the success of the project.

(e)

Pre-applicable conference. A pre-submittal conference with staff is required to familiarize the applicant with the process and to introduce the staff to the proposal.

(f)

Submittal requirements. Submittal requirements are as follows:

(1)

All preliminary subdivision submittal requirements, including erosion control plans.

(2)

A development plan, showing all proposed improvements, including landscaping, the siting and elevations of all proposed primary structures, and details of any improvement deemed necessary by the staff.

(3)

A proposal consisting of the restrictions, covenants, phasing, and assurances, which will assure the completion and the expectations of the project.

(4)

The applicant is encouraged to submit a concept plan prior to a preliminary development plan in order to gain additional insight as to the acceptability of the concept.

(g)

Development agreement. The development agreement is a recordable document depicting all improvements to be constructed.

(h)

Deed restrictions and conditions. The village may require conditions and restrictions to be placed upon the property to be developed through properly recorded deed restrictions or restrictive covenants. The village shall be named as a party of interest so that, if necessary, the deed restrictions or restrictive covenants may be enforced through injunctive or other relief under the documents as recorded. Such conditions and restrictions shall provide, among other things, for the continuous maintenance of common areas together with the right of the village to ensure that such areas are maintained by assessing the cost of such maintenance to the developer, owner, or association responsible for the same.

(i)

Amenities and conditions. Examples of amenities and conditions appropriate for consideration for this type of development are:

(1)

Recreational areas and parks.

(2)

Off street parking.

(3)

Signs, where not conforming with the current Village of Jackson sign code.

(4)

Landscaping.

(5)

Common areas and their treatment.

(6)

Maintenance on the common areas.

(7)

Color and texture of all building materials.

(8)

Internal pedestrian and vehicular circulation.

(9)

Grading and drainage.

(10)

Buffering uses in the PUD from surrounding areas and vice versa.

(11)

Setbacks.

(j)

Approval. The approval of the planned unit development proposal by the village board shall be based on the following:

(1)

Compatibility with surrounding development.

(2)

Compatibility with plans and policies approved by the village.

(3)

Assurance of compliance, which shall include:

a.

Development agreement.

b.

Development site plan.

c.

Deed restrictions or restrictive covenants as required.

d.

Performance bonds.

e.

Proof of financial capability.

f.

Schedule of construction.

(k)

Rescission of approval. The village board may rescind the approval of the planned unit development if conditions of approval of the development are not being met. For example: if the time phasing of the development is not being met and an extension has not been mutually agreed to by the village and developer, the village may serve notice that if the project is not brought up to date within a specified time period, the village, at its option, may void all previous approvals. Where such action is taken, all bonds may be forfeited, unless a new agreement is approved upon re-application.

(l)

Special planning circumstances. Owners or developers of parcels of land less than two acres which, in the determination of the village, have special planning circumstances, may be requested to fulfill the planned unit development procedures of this section.

(m)

Fees. The schedule of fees shall be set forth in the development agreement.

(Prior Code, § 14.06D.16; Ord. No. 94-06; Ord. No. 94-10; Ord. No. 02-07; Ord. No. 06-08; Ord. No. 22-14, § IV)

(a)

FW floodway district. See chapter 16, article II.

(b)

FC floodplain conservancy district. See chapter 16, article II.

(c)

FF flood fringe district. See chapter 16, article II.

(d)

GFP general floodplain district. See chapter 16, article II.

(Prior Code, § 14.06D.17—D.20; Ord. No. 94-06; Ord. No. 94-10; Ord. No. 02-07; Ord. No. 06-08)

(a)

Generally. The Miller Mixed-Use Planned Unit Development District (PUD-02) was established in 2022 to accommodate the unique needs of an adaptive reuse of the former village hall property.

(b)

Uses allowed by right. Uses allowed by right, subject to other requirements of the zoning code: (1) professional offices, (2) general retail, (3) restaurant, (4) professional services, and (5) indoor vehicle parking existing on March 31, 2022.

(c)

Limitations on retail/wholesale sales. Outdoor storage of products for sale is strictly prohibited.

(d)

Conditional uses. Uses allowed as a conditional use, subject to other requirements of the zoning code: additional use of indoor parking area for vehicle parking and related storage.

(e)

Lot area and width. Lots shall have a minimum area of one acre (43,560 square feet) and shall not be less than 60 feet in width at the setback line.

(f)

Building height. No building or part of a building shall exceed 35 feet in height.

(g)

Setbacks and yards. There shall be a minimum building setback of 20 feet from the right-of-way of all streets. There shall be a side yard on each side of all buildings not less than 15 feet in width and a rear yard of not less than 25 feet.

(h)

Building coverage. The maximum building coverage is 60 percent.

(i)

Maximum impervious surface. The maximum impervious surface area is 80 percent.

(j)

Division of land restricted. This district includes two adjoining parcels which shall be owned and operated as a single parcel. The subject property may not be subdivided by any means. Further, the configuration of the subject property shall not hereafter be modified by any means without the approval of the village board upon recommendation of the plan commission.

(k)

Revisions to the zoning map. Upon adoption of this section, the subject property shall be designated as a planned development district with reference to this section. Hereafter, the subject property is subject to this section and other sections of this code as applicable.

(Ord. No. 22-04, § 1)

(a)

Generally. The Sysco Planned Unit Development District (PUD-03) was established to accommodate the unique needs of a large-scale warehouse and distribution center.

(b)

Permitted uses. Warehousing and distribution.

(c)

Lot area and width. Lots shall have a minimum area of 10,000 square feet and shall not be less than 60 feet in width at the setback line.

(d)

Building height. No building or part of a building shall exceed 40 feet in height.

(e)

Setbacks and yards. There shall be a minimum building setback of 30 feet from the right-of-way of all streets. There shall be a side yard on each side of all buildings not less than 12 feet in width and a rear yard of not less than 25 feet.

(f)

Division of land restricted. This district includes a single property and may not be subdivided by any means. Further, the configuration of the subject property shall not hereafter be modified by any means without the approval of the village board upon recommendation of the plan commission.

(g)

Revisions to the zoning map. Upon adoption of this section, the subject property shall be designated as a planned development district with reference to this section. Hereafter, the subject property is subject to this section and other sections of this code as applicable.

(Ord. No. 22-05, § 1)

(a)

Generally. The KARM Planned Unit Development District (PUD-03) was established in 2022 to accommodate the unique needs of a mixed-use commercial development.

(b)

Uses allowed by right. Uses allowed by right, subject to other requirements of the zoning code: (1) vehicle fuel station, (2) car wash, (3) general retail, (4) restaurant, and (5) laundromat.

(c)

Conditional uses. Uses allowed as a conditional use, subject to other requirements of the zoning code: (1) mini-storage facility and (2) truck parking.

(d)

Lot area and width. Lots shall have a minimum area of five acres and shall not be less than 60 feet in width at the setback line.

(e)

Building height. No building or part of a building shall exceed 35 feet in height.

(f)

Setbacks and yards. There shall be a minimum building setback of 50 feet from the right-of-way of all streets. There shall be a side yard on each side of all buildings not less than 20 feet in width and a rear yard of not less than 25 feet.

(g)

Building coverage. The maximum building coverage is 60 percent.

(h)

Maximum impervious surface. The maximum impervious surface area is 80 percent.

(i)

Division of land restricted. This district includes two adjoining parcels which shall be owned and operated as a single parcel. The subject property may not be subdivided by any means. Further, the configuration of the subject property shall not hereafter be modified by any means without the approval of the village board upon recommendation of the plan commission.

(j)

Revisions to the zoning map. Upon adoption of this section, the subject property shall be designated as a planned development district with reference to this section. Hereafter, the subject property is subject to this section and other sections of this code as applicable.

(Ord. No. 22-08, § 1)

Editor's note— Ord. No. 22-08, § 1, adopted June 14, 2022, set out provisions intended for use as § 48-154. Inasmuch as there were already provisions so designated, said section has been codified herein as § 48-155 at the discretion of the editor.

(a)

Generally. The Oaks of Jackson Planned Unit Development District (PUD-04) was established in 2023 to accommodate the unique needs of a mixed density residential development.

(b)

Submitted plans adopted by reference. PUD-04 is created in accordance with the submitted plans and information that accompanied the application submitted December 28, 2022, which is attached to [the ordinance from which this section is derived] as exhibit A. The documents referred to above are hereby made a part of this section.

(c)

Land use and dimensional standards.

(1)

District I: Single-family.

a.

Permitted uses. Single-family homes with front-loaded garage, open space/tree preservation area, stormwater management

b.

Conditional uses. Group homes, foster homes, and halfway houses, provided there is a minimum lot area of 2,000 square feet per person (upon ultimate development) and a minimum principal building area of 200 square feet per person.

c.

Permitted accessory uses. Private garage (one per lot), sheds (garden, tool, and storage) incidental to the residential use (one per lot), home occupations and professional home offices as specified in section 48-1 of the Village of Jackson zoning ordinance.

d.

District I zoning text.

*For lots 25, 26, 38, 39, and 40, minimum front yard setbacks shall be increased to 30 feet when needed to meet minimum lot width at the front yard setback.

** For lots containing the landscape easement, rear yard setbacks will be measured from boundary of the landscape easement, as opposed to the rear property line.

(2)

District II: Single-family, private drive.

a.

Permitted uses. Single-family homes with garages accessed from a private drive at the rear of the home, stormwater management

b.

Conditional uses. Group homes, foster homes, and halfway houses, provided there is a minimum lot area of 2,000 square feet per person (upon ultimate development) and a minimum principal building area of 200 square feet per person.

c.

Permitted accessory uses. Private garages (one per lot), sheds (garden, tool and storage) incidental to the residential use (one per lot), home occupations and professional home offices as specified in section 48-1 of the Village of Jackson zoning ordinance.

d.

District II zoning text.

(3)

District III: Twin home.

a.

Permitted uses. Twin homes (zero lot line) with front-loaded garage, stormwater management

b.

Conditional uses. Group homes, foster homes, and halfway houses, provided there is a minimum lot area of 1,500 square feet per person (upon ultimate development) and a minimum principal building area of 200 square feet per person.

c.

Permitted accessory uses. Private garages (one per lot), sheds (garden, tool, and storage) incidental to the residential use (one per lot), home occupations and professional home offices as specified in section 48-1 of the Village of Jackson zoning ordinance.

d.

Description. Located on individual lots, twin homes offer attached housing with front-loaded garages at a scale compatible with nearby single-family residential.

e.

District III zoning text.

(4)

District IV: Townhome.

a.

Permitted uses. Townhomes accessed from private drive at the rear of the home, stormwater management.

b.

Conditional uses. None.

c.

Permitted accessory uses. Home occupations and professional home offices as specified in section 48-1 of the Village of Jackson zoning ordinance.

d.

District IV zoning text.

(d)

Other development standards. Development standards not directly addressed by PUD-04 (such as accessory structures, fencing, and signage) such are subject to applicable Village of Jackson code provisions.

(Ord. No. 23-02, § 1(48-155))

(a)

Generally. PUD-04 District III is intended to provide for two-family residential development, served by municipal sewer and water facilities. This zoning designation shall not be used in any other location except for the parcel described as lot 41 as depicted in the final plat.

(b)

Permitted uses. Attached two-family dwellings, up to ten dwelling units per lot.

(c)

Accessory uses. Permitted accessory uses include private attached garages, sheds (garden, tool, and storage) incidental to the residential use, and home occupations and professional home offices as specified in section 48-1.

(d)

Conditional uses. Conditional uses include group homes, foster homes, and halfway houses provided there be a minimum lot area of 1,500 square feet per person (upon ultimate development).

(e)

Building height and area. No principal building or parts of a principal building shall exceed 35 feet in height. No accessory building shall exceed 15 feet in height. The total minimum floor area of a dwelling shall be as follows: one-bedroom, 700 square feet; two-bedroom, 1,000 square feet. The maximum impervious area shall not exceed 70 percent of the lot area.

(f)

Lot area and width. Lots shall be a minimum of 37,000 square feet in area and shall not be less than 350 feet in width at the front yard setback line.

(g)

Setbacks and yards. There shall be a minimum building setback of 25 feet from the front yard right-of-way. There shall be a minimum side yard of seven feet. Corner lots shall have a minimum side yard setback of 15 feet from the street-side right-of-way. There shall [be] a minimum rear yard setback of not less than 15 feet. Driveways and other paved surfaces shall have a minimum setback of three feet from an abutting property line.

(h)

Parking. A minimum of two off-street parking stalls shall be provided per dwelling unit.

(Ord. No. 23-10, § 1(48-155.3))

(a)

Generally. The Morning Meadows Planned Unit Development District (PUD-05) was established in 2023 to accommodate the unique needs of a mixed density residential development.

(b)

Submitted plans adopted by reference. PUD-05 is created accordance with the submitted plans and information that accompanied the application for phase I and phase II development, submitted July 3, 2020, attached to [the ordinance from which this section is derived] as exhibit A, and the submitted plans and information that accompanied the application for phase III development, submitted March 23, 2023, attached to [the ordinance from which this section is derived] as exhibit B. The documents referred to above are hereby made a part of this section.

(c)

Land use and dimensional standards.

(1)

Phase I and II: Single-family residential district.

a.

Generally. The single-family residential district is to provide for a single-family residential development at densities not to exceed 5.4 dwelling units per net acre, served by municipal sewer and water facilities.

b.

Permitted uses. Single-family dwellings.

c.

Permitted accessory uses. Permitted accessory uses which shall be incidental to the residential use include one private attached garage and one detached shed (utility, storage, etc.), and home occupations and professional home offices as specified in section 48-1.

d.

Conditional uses. Conditional uses include group homes, foster homes, and halfway houses, provided there shall be a minimum lot area of 2,000 square feet per person (upon ultimate development) and a minimum principal building area of 200 square feet per person.

e.

Lot area and width. Lots shall have a minimum of 8,000 square feet in area and shall not be less than 70 feet in width at the setback line.

f.

Building height and area. No principal building or parts of a principal building shall exceed 35 feet in height. No accessory building shall exceed 15 feet in height. The total minimum floor area of a one-bedroom dwelling shall be 800 square feet; the total minimum floor area of a two-bedroom dwelling shall be 900 square feet; and the total minimum floor area of a three-bedroom dwelling shall be 1,000 square feet.

g.

Setbacks and yards. There shall be a minimum building setback of 25 feet from the right-of-way of all local streets. There shall be a side yard on each side of all buildings not less than eight feet in width and a rear yard of not less than 25 feet.

(2)

Phase III: Twin home residential district (zero lot line).

a.

Generally. The twin home residential district is to provide for zero lot line, single-family residential development at densities not to exceed 5.4 dwelling units per net acre, served by municipal sewer and water facilities.

b.

Permitted uses. Twin homes (zero lot line).

c.

Permitted accessory uses. Permitted accessory uses which shall be incidental to the residential use include one private attached garage and one detached shed (utility, storage, etc.), and home occupations and professional home offices as specified in section 48-1.

d.

Conditional uses. Conditional uses include group homes, foster homes, and halfway houses, provided there shall be a minimum lot area of 2,000 square feet per person (upon ultimate development) and a minimum principal building area of 200 square feet per person.

e.

Lot area and width. Lots shall have a minimum of 4,500 square feet in area and shall not be less than 45 feet in width at the setback line/

f.

Building height and area. No principal building or parts of a principal building shall exceed 35 feet in height. No accessory building shall exceed 15 feet in height. The total minimum floor area of a one-bedroom dwelling shall be 800 square feet; the total minimum floor area of a two-bedroom dwelling shall be 900 square feet; and the total minimum floor area of a three-bedroom dwelling shall be 1,000 square feet.

g.

Setbacks and yards. There shall be a minimum building setback of 20 feet from the right-of-way of all local streets. There shall be a side yard on each side of all buildings not less than seven feet in width and a rear yard of not less than 15 feet.

(d)

Other development standards. Development standards not directly addressed by PUD-05 (such as accessory structures, fencing, pools) are subject to applicable Village of Jackson code provisions.

(Ord. No. 23-06, § 1(48-156))

(a)

Generally. The Laurel Springs Villas Planned Unit Development District (PUD-06) was established in 2023 to accommodate the unique needs of a medium-density residential development.

(b)

Submitted plans adopted by reference. PUD-06 Residential District is created accordance with the submitted plans and information that accompanied the application for development, submitted September 3, 2019, attached to [the ordinance from which this section is derived] as exhibit A. The documents referred to above are hereby made a part of this section.

(c)

Land use and dimensional standards.

(1)

Generally. The PUD-06 Residential District is to provide for zero lot line, single-family residential development at densities not to exceed 5.4 dwelling units per net acre, served by municipal sewer and water facilities.

(2)

Permitted uses. Twin homes (zero lot line).

(3)

Permitted accessory uses. Permitted accessory uses which shall be incidental to the residential use include one private attached garage and home occupations and professional home offices as specified in section 48-1.

(4)

Conditional uses. Conditional uses include group homes, foster homes, and halfway houses, provided there shall be a minimum lot area of 2,000 square feet per person (upon ultimate development) and a minimum principal building area of 200 square feet per person.

(5)

Lot area and width. Lots shall have a minimum of 8,000 square feet in area and shall not be less than 45 feet in width at the setback line/

(6)

Building height and area. No principal building or parts of a principal building shall exceed 35 feet in height. The total minimum floor area of a one-bedroom dwelling shall be 800 square feet; the total minimum floor area of a two-bedroom dwelling shall be 900 square feet.

(7)

Setbacks and yards. There shall be a minimum building setback of 25 feet from the right-of-way of all public streets. There shall be a side yard on each side of all buildings not less than ten feet in width and a rear yard of not less than 25 feet.

(d)

Other development standards. Development standards not directly addressed by PUD-06 such as fencing, pools, etc. are subject to applicable Village of Jackson code provisions.

(Ord. No. 23-16, § 1(48-158))

(a)

Generally. The Rytec Corporation Planned Unit Development District (PUD-06) was established to accommodate the unique needs of a building addition that exceeds the maximum building height defined within the zoning code.

(b)

Permitted uses. Warehousing and manufacturing with limited exterior storage in accordance with the approved site plan.

(c)

Lot area and width. Lots shall have a minimum area of 10,000 square feet and shall not be less than 60 feet in width at setback line.

(d)

Building height. No buildings or part of a building shall exceed 50 feet in height.

(e)

Setbacks and yards. There shall be a minimum building setback of 30 feet from the right-of-way of all streets. There shall be a side yard of each side of all buildings not less than 12 feet in width and a rear yard of not less than 25 feet.

(f)

Division of land restricted. This district includes a single property and may not be subdivided by any means. Further, the configuration of the subject property shall not hereafter be modified by any means without the approval of the village board upon recommendation of the plan commission.

(g)

Revisions to the zoning map. Upon adoption of this section, the subject property shall be designated as a planned development district with reference to this section. Hereafter, the subject property is subject to this section and other sections of this Code as applicable.

(Ord. No. 24-05, § 1)

Editor's note— Ord. No. 24-05, § 1, adopted May 14, 2024, set out provisions intended for use as § 48-158. Inasmuch as there were already provisions so designated, said section has been codified herein as § 48-160 at the discretion of the editor.

(a)

Generally. No obstructions, such as structures, parking, or vegetation, shall be permitted in any district between the heights of 2½ feet and ten feet above the plane through the mean curb grades within the triangular space formed by any two existing or proposed intersecting street or alley right-of-way lines and a line joining points on such lines located a minimum of 15 feet from their intersection.

(b)

Arterial streets. For arterial streets intersecting with other arterial streets or railways, the corner cutoff distances establishing the triangular vision clearance space shall be increased to 50 feet.

(Prior Code, § 14.04I.1; Ord. No. 02-06)

On every lot on which a business or industrial use is hereafter established, space with access to a public street or alley shall be provided as indicated below for the loading and unloading of vehicles off the public right-of-way.

(1)

Businesses: One space of at least 12 feet by 60 feet for each 3,000 square feet of floor area or part thereof.

(2)

Wholesale and industrial: One space of at least 12 feet by 60 feet for each 100,000 square feet of floor area or part thereof.

(3)

Bus and truck terminals: Sufficient space to accommodate the maximum number of buses or trucks to be stored or to be loaded or unloaded at the terminal at any one time.

(Prior Code, § 14.04I.2; Ord. No. 02-06)

All driveways installed, altered, changed, replaced, or extended after the effective date of the ordinance from which this chapter is derived shall meet the following requirements:

(1)

The distance between driveways and approach openings shall be a minimum of six feet. All approaches or driveways shall be measured from the top of the flare and three feet from all lot lines.

(2)

Openings for vehicle ingress and egress shall be as follows:

a.

Single-family lots are allowed one 24 foot opening, measured from the bottom of the flare.

b.

Two-family lots are allowed up to two 24-foot openings, measured from the bottom of the flare. There must be an island between each approach or driveway.

c.

All other residential property will be allowed one 24 foot opening per lot, measured from the bottom of the flare, unless otherwise approved by the village board.

d.

Commercial or industrial property will be allowed one 30 foot opening per lot, measured from the bottom of the flare, unless otherwise approved by the village board.

(3)

Vehicular entrances and exits to drive-in banks, motels, funeral homes, vehicular sales, service, washing and repair stations, garages, or public parking lots shall be not less than 200 feet from any pedestrian entrances or exit to a school, college, university, church, hospital, park, playground, library, public emergency shelter, or other place of public assembly.

(Prior Code, § 14.04I.4; Ord. No. 02-06)

No direct private access shall be permitted to the existing or proposed rights-of-way of expressways, or any controlled access arterial street without permission of the highway agency that has access control jurisdiction. No direct public or private access shall be permitted to the existing or proposed rights-of-way of the following:

(1)

Freeways, interstate highways and their interchanges or turning lanes, nor to intersecting or interchanging streets within 1,500 feet of the most remote end of the taper of the turning lanes.

(2)

Arterial streets intersecting another arterial street within 100 feet of the intersection of the right-of-way lines.

(3)

Access barriers such as curbing, fencing, ditching, landscaping, or other topographic barriers shall be erected to prevent unauthorized vehicular ingress or egress to the above specified streets or highways.

(4)

Temporary access to the above rights-of-way may be granted by the village board after review and recommendation by the highway agencies having jurisdiction. Such access permit shall be temporary, revocable, and subject to any conditions required and shall be issued for a period not to exceed 12 months.

(Prior Code, § 14.04I.5; Ord. No. 02-06)

(a)

Generally. In all districts and in connection with every use, there shall be provided at the time any use or building is erected, enlarged, extended, or increased off-street parking stalls for all vehicles in accordance with the following:

(1)

Adequate access to a public street shall be provided for each parking space, and driveways shall comply with village standards on file with village engineer.

(2)

Size of each parking space shall not be less than nine feet wide and 162 square feet in area exclusive of the space required for ingress and egress.

(3)

Location shall be on the same lot as the principal use or not more than 400 feet from the principal area. No parking stall or driveway except in residential districts shall be closer than 25 feet to a residential district lot line or a street line opposite a residential district.

(4)

All off-street parking areas or driveways for more than five vehicles shall be surfaced with an asphaltic or Portland cement pavement in accordance with the village standards and specifications so as to provide a durable and dustless surface; shall be so graded and drained as to dispose of all surface water accumulated within the area; and shall be so arranged and marked so as to provide for orderly and safe loading or unloading, parking, and storage of self-propelled vehicles.

(5)

Curbs and barriers shall be installed so as to prevent the parked vehicles from extending over any lot lines.

(b)

Minimum number of spaces required. The following number of parking stalls are required:

Table Notes:

1.The parking requirements in this section do not apply to non-residential uses located along the Main Street corridor where on-street parking is available.
2. When a single development project that includes various distinguishable uses, the number of required spaces is the total number of stalls required for each of the individual uses except that spaces can be shared when uses have different peak parking demand periods.

(c)

Uses not listed. In the case of structures or uses not listed, the provisions for use, which are most similar, shall apply.

(d)

Deferred installation. If the developer believes the number of required parking spaces is more than what is actually needed, the developer has the ability to defer construction of no more than ten percent of the required spaces, provided the site plan shows the area reserved for such parking spaces and the plan commission agrees to the deferment.

(e)

Reduction. If the developer believes that the number of required parking spaces is more than what is actually needed, the developer can provide documentary evidence to the plan commission and the commission can modify the number of required parking spaces based on such information. If approved, the plan commission reserves the right to require the property owner to install additional parking if warranted based on the actual parking demand.

(Prior Code, § 14.04I.3; Ord. No. 02-06; Ord. No. 23-05, § 1)

(a)

Generally. The zoning administrator, in his/her discretion, may allow shared parking consistent with this section during the site plan review process provided the applicant clearly shows the timeframe for peak parking demand varies between the different land uses that are subject to the shared parking arrangement. By way of example, the table below shows different land uses that could potentially share parking spaces.

(b)

Maximum. The maximum amount of required parking spaces that can be shared is 50 percent of the lesser number of required spaces. For example, if the first land use requires 100 parking spaces and the second land use requires 50 spaces, the maximum number of shared spaces is 25.

(c)

Location. The area of the parking lot designated for shared use, must be located on an adjoining parcel and within 500 feet of the building or use requiring the parking.

(d)

Pedestrian routes. Pedestrian routes between the shared parking area and the other use, must be direct, clear, and safe.

(e)

Directional signage. Directional signage must be provided when needed to inform where additional parking is available.

(f)

Shared use agreement. The parties involved in the joint use of off-street parking facilities must document their agreement for such shared use by a legal instrument approved by the village attorney as to form and content. Such instrument, when approved as conforming to the provisions of this part, must be recorded in the Washington County register of deeds office and a copy filed with the zoning administrator.

(Ord. No. 23-05, § 2)

The lawful nonconforming use of a structure, land, or water existing at the time of adoption or amendment of this chapter may be continued although the use does not conform with the provisions of this chapter; however:

(1)

Only that portion of the land or water in actual use may be so continued and the structure may not be enlarged, extended, reconstructed, substituted, moved or structurally altered except when required to do so by law or order or to comply with the provisions of this article or upon recommendation of the plan commission and approval of the village board.

(2)

Total lifetime structural repairs or alterations shall not exceed 50 percent of the village's equalized value of the structure unless it is permanently changed to conform to the use provisions of this chapter.

(3)

Substitution of new equipment may be permitted by the board of appeals if such equipment will reduce the incompatibility of the nonconforming use with the neighboring uses.

(Prior Code, § 14.04H.6.a; Ord. No. 02-06)

A lawful nonconforming structure existing at the time of this adoption or amendment of this chapter may be continued although its size or location does not conform with the lot width, lot area, yard, height, parking and loading, and access provisions of this chapter; however, it shall not be extended, enlarged, reconstructed, moved or structurally altered except when required to do so by law or order or so as to comply with the provisions of this chapter.

(Prior Code, § 14.04H.6.b; Ord. No. 02-06)

Residential structures which encroach upon setback and other yard requirements, but which met setback and yard requirements at the time of construction, may be structurally altered provided that they do not create a greater degree of encroachment.

(Prior Code, § 14.04H.6.c; Ord. No. 02-06)

If such nonconforming use is discontinued or terminated for a period of 12 months, any future use of the structure, land, or water shall conform to the provisions of this chapter. When a nonconforming use or structure is damaged by fire, explosion, flood, the public enemy, or other calamity, to the extent of more than 50 percent of its current assessed value, it shall not be restored except so as to comply with the use provisions of this chapter. Uses which are nuisances under common law shall not be permitted to continue as nonconforming uses.

(Prior Code, § 14.04H.6.d; Ord. No. 02-06)

Once a nonconforming use or structure has been changed to conform, it shall not revert back to a nonconforming use or structure. Once the board of appeals has permitted the substitution of a more restrictive nonconforming use, the substituted use shall lose its status as a legal nonconforming use and become subject to all the conditions required by the board of appeals.

(Prior Code, § 14.04H.6.e; Ord. No. 02-06)

(a)

No modifications or additions to a nonconforming use or a nonconforming structure shall be permitted unless they are made in conformity with the provisions of this chapter for the area of the floodplain it occupies. For the purpose of this section, the words "modification" and "addition" shall include, but not be limited to, any alteration, addition, modification, structural repair, rebuilding or replacement of any such existing use, structure or accessory structure or use. Ordinary maintenance repairs are not considered modifications or additions; such ordinary maintenance repairs include internal and external painting, decorating, paneling and replacement of doors, windows and other nonstructural components; and the maintenance, repair or replacement of existing private sewage or water supply systems, or connections to public utilities.

(b)

No modification or addition to any nonconforming structure or any structure with a nonconforming use, which over the life of the structure would exceed 50 percent of its present equalized assessed value, shall be allowed unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this chapter and contiguous dry land access is provided in compliance with.

(c)

As requests are received for modifications or additions to nonconforming uses or nonconforming structures in the floodplain, a record shall be kept which lists the nonconforming uses and nonconforming structures, their present equalized assessed value, and the cost of the house additions or modifications which have been permitted.

(d)

If any nonconforming structure or any structure with a nonconforming use is destroyed or is so badly damaged that it cannot be practically restored, it cannot be replaced, reconstructed or rebuilt unless the provisions are met. For the purpose of this subsection, restoration is deemed impractical where the total cost of such restoration would exceed 50 percent of the present equalized assessed value of the structure.

(Prior Code, § 14.04H.6.f; Ord. No. 02-06)

(a)

No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use in a floodway area, unless such modification or addition:

(1)

Has been granted a permit or variance;

(2)

Meets criteria of this division;

(3)

Will not increase the amount of obstruction to flood flows as provided in chapter 16, article II; and

(4)

Any addition to an existing structure shall be floodproofed, pursuant to chapter 16, article II, by means other than the use of fill, to the flood protection elevation.

(b)

No new on-site sewage disposal system, or any addition to an existing on-site sewage disposal system, except where an addition has been ordered by a government agency to correct a hazard to public health, shall be allowed in a floodway area. Any replacement, repair or maintenance of an existing on-site sewage disposal system in a floodway area shall meet the applicable requirements of all local ordinances and Wis. Admin. Code ch. SPS 383.

(c)

No new well or modification to an existing well, used to obtain water for ultimate human consumption, shall be allowed in a floodway area. Any replacement, repair or maintenance of an existing well in a floodway area shall meet the applicable requirements of this chapter and Wis. Admin. Code chs. NR 111 and 112.

(Prior Code, § 14.04H.6.g; Ord. No. 02-06)

(a)

No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use in the flood fringe area unless such modification or addition has been granted a permit or variance and, except where subsection (b) of this section is applicable, the modification or addition is placed on fill or is floodproofed to the flood protection elevation in compliance with that applicable regulations of that particular use in a flood fringe area in chapter 16, article II.

(b)

If compliance with the provisions of subsection (a) of this section would result in unnecessary hardship, and only where the structure will not be used for human habitation or be associated with a high flood damage potential, the board of appeals, using the procedures established in section 16-195, may grant a variance from those provisions, for modifications or additions, using the criteria listed below. Modifications or additions which are protected to elevations lower than the flood protection elevation may be permitted provided:

(1)

No floor is below regional flood elevation for residential or commercial structures;

(2)

Human lives are not endangered;

(3)

Public facilities, such as water or sewer, are not to be installed;

(4)

Flood depths will not exceed two feet;

(5)

Flood velocities will not exceed two feet per second; and

(6)

The structure will not be used for storage of materials that are buoyant, flammable, explosive, or injurious to human, animal, plant, fish or aquatic life.

(c)

An addition to an existing room in a nonconforming building or a building with a nonconforming use may be allowed in a flood fringe area on a one-time basis only if the addition:

(1)

Has been granted by permit or variance;

(2)

Does not exceed 60 square feet in area; and

(3)

In combination with other modifications or additions to the building, does not exceed 50 percent of the present equalized assessed value of the building.

(d)

All new on-site sewage disposal systems, or addition to, replacement, repair or maintenance of an on-site sewage disposal system, in a flood fringe area shall meet all the applicable provisions of all local ordinance and in Wis. Admin. Code ch. SPS 383.

(e)

All new wells, or addition to, replacement, repair or maintenance of a well, in a flood fringe area shall meet the applicable provisions of this chapter and Wis. Admin. Code chs. NR 111 and 112.

(Prior Code, § 14.04H.6.h; Ord. No. 02-06)

A file of all nonconforming uses shall be maintained by the zoning administrator listing the following: owner's name and address; use of the structure, land, or water; and assessed value at the time of its becoming a nonconforming use.

(Prior Code, § 14.04H.6.i; Ord. No. 02-06)

The village board may authorize a conditional use as specified in each district in division 2 of this article after the plan commission has made a recommendation and a public hearing has been held, provided that such conditional uses and structures are in accordance with the purpose and intent of this chapter and are found to be not hazardous, harmful, offensive, or otherwise adverse to the environment or the value of the neighborhood or the community.

(Prior Code, § 14.07A; Ord. No. 02-07)

(a)

The plan commission and the village board shall review the site, existing and proposed structures, architectural plans, neighboring uses, parking areas, driveway locations, highway access, traffic generation and circulation, drainage, sewerage and water systems, the proposed operation, and the materials required for the application for such a request.

(b)

Conditions such as landscaping, architectural design, type of construction, floodproofing, anchoring or structures, construction commencement and completion dates, sureties, lighting, fencing, planting screens, operational control, hours of operation, improved traffic circulation, deed restriction, highway access restriction, increased yards, or parking requirements are among those conditions of approval which may be required by the village board to fulfill the purpose on intent of this chapter.

(c)

Compliance with all other provisions of this chapter, such as lot width and area, yards, height, parking, loading, traffic, and highway access, shall be required of all conditional uses. Variances shall only be granted as provided in section 16-195(4).

(Prior Code, § 14.07B; Ord. No. 02-07)

Applications for conditional use permits shall be made on forms furnished by the village and shall include the following:

(1)

Names and addresses of the applicant, owner of the site, architect, professional engineer, contractor, a letter of content describing the request, proof of ownership, and an impact statement.

(2)

Description of the subject site by lot, block, and recorded subdivision or by metes and bounds; address of the subject site; type of structure; landscape plan; a grading and drainage plan showing storm sewer plans; and the zoning district within which the subject site is located. For flood land conditional uses, such description shall also include information that is necessary for the village board to determine whether the proposed development will hamper flood flows, impair floodplain storage capacity, or cause danger to human or animal life. This additional information may include plans, certified by a registered professional engineer or land surveyor, showing elevations or contours of the ground; fill or storage elevations; first floor elevations of structures; size, locations, and spatial arrangement of all existing and proposed structures on the site; locations and elevation of street water supply, and sanitary facilities; photographs showing existing land uses and vegetation upstream and downstream; soil types; and other pertinent information.

(3)

Plat of survey prepared by a registered land surveyor showing all of the information required, in addition, the following: mean and historic high-water lines and flood lands on or within 40 feet of the subject premises, and existing and proposed landscaping.

(4)

Additional information as may be required by the plan commission, village engineer, village administrator, building inspector, or village board.

(Prior Code, § 14.07C; Ord. No. 02-07; Ord. No. 22-11)

The village shall transmit a copy of each application for a conditional use in a flood land district to the state department of natural resources (DNR) for review and comment. Final action on flood land conditional uses shall not be taken for 30 days or until the DNR has made its recommendation, whichever comes first. A copy of all decisions related to conditional uses in flood land districts shall be transmitted to the DNR within ten days of the effective date of such decision.

(Prior Code, § 14.07D; Ord. No. 02-07)

The village clerk shall mail public hearing notices to all contiguous properties of a parcel subject to an application for a conditional use permit at least ten days prior to the public hearing. Failure to mail the public hearing notices shall not invalidate any actions taken.

(Ord. No. 22-11)

(a)

Special use permits are applicable to existing conditional use permits and planned unit development. Special use permits may be granted by the administrator or designee.

(b)

Requests for special use permits must be made in writing and be specific as to the type of special use permit requested. The administrator or designee may request plans, specifications, or other materials be submitted in addition to the written application.

(c)

Denied requests may be appealed to the plan commission and village board and shall be treated and processed in the same manner as a conditional use permit request. Appropriate processing fees shall be determined by the village board.

(d)

The granting of a special use permit shall not change the character of the principal use or conflict with the purpose and intent of the original conditional use or planned development approval. In addition, requests for a special use permit shall be reviewed for impact on neighboring uses in addition to the neighborhood. Compatibility is a primary consideration.

(e)

Requests for special use permits shall include, but not be limited to, the following: flagpoles, sign replacements (of same size or smaller), storage garages to house lawn care equipment or similar items, paint schemes, landscaping modifications, minor changes to building facades, and minor lighting changes, setbacks, and users in multi-tenant structures.

(Prior Code, § 14.07E; Ord. No. 02-07)

The intent of this division is to provide for and regulate the location and safe construction of signs in a manner to ensure that signs are compatible with surrounding land uses, and express the identity of individual proprietors and the community as a whole.

(Prior Code, § 14.10A; Ord. No. 95-02; Ord. No. 02-12; Ord. No. 03-04; Ord. No. 09-01)

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

Awning sign means a non-illuminated identification is affixed flat to the surface of an awning and which does not extend vertically or horizontally beyond the limits of such awning.

Banners means a flexible graphic that may only be displayed by commercial and institutional establishments, delineating a special area or depicting a special announcement. See Temporary signs.

Canopy sign means a sign suspended from or forming part of a canopy or marquee and which does not extend horizontally beyond the limits of such canopy or marquee.

Changeable copy sign means any sign which is characterized by changeable copy, letters, or symbols, regardless of method of attachment.

Flags means devices generally made of flexible materials, such as cloth, paper, or plastic, and displayed on strings. Flags may or may not include copy. This definition does not include the flag of any country or state.

Ground sign means a sign attached to the ground independent of any buildings.

Marquee. See Canopy sign.

Projecting sign means a sign projecting more than 12 inches from the face of the building.

Roof sign means a sign erected on or over the roof of the building.

Temporary sign means a graphic granted by permit, to be displayed in 30 day increments, not to exceed a total of 90 days in any calendar year.

Wall sign means a sign which is attached to a wall of a building and projects not more than 12 inches from such wall and shall not extend above the ceiling line of the top floor of the building.

Window sign means a sign painted on or affixed to a window. Materials affixed to a window shall be affixed to the inside surface of the window to eliminate scattering of copy by wind action.

(Prior Code, § 14.10A; Ord. No. 95-02; Ord. No. 02-12; Ord. No. 03-04; Ord. No. 09-01; Ord. No. 19-03, § I)

The following signs are permitted in all zoning districts without a permit, subject to the following regulations:

(1)

Real estate ground or wall signs not to exceed eight square feet in area which advertise the sale, rental, or lease of the premises upon which the signs are temporarily located. Such signs may not be placed in the right-of-way.

(2)

Ground signs identifying the name and address of the resident not to exceed two square feet in area when located on the premises. Such signs may be placed at the right-of-way line.

(3)

Home occupation and professional home office wall signs not to exceed two square feet in area and mounted flush against the dwelling.

(4)

Bulletin boards on ground signs or wall signs for public, charitable, or religious institutions not to exceed 50 square feet in area located on the premises. Such signs shall meet the setback requirement of the district in which they are located.

(5)

Memorial signs, tablets, names of buildings, and date of erection when cut into any masonry surface or when constructed of metal and affixed flat against a structure.

(6)

Official ground signs such as traffic control, parking restrictions, information, and notices. Such signs may be placed at the curb line or pavement edge.

(7)

A singular "help wanted" or similar employment advertisement provided such sign or display does not exceed 32 square feet in display area.

(8)

Any official sign of the village or village affiliate displayed for the purposes of municipal business or activity.

(Prior Code, § 14.10B; Ord. No. 95-02; Ord. No. 02-12; Ord. No. 03-04; Ord. No. 09-01; Ord. No. 19-03, § II)

Signs are permitted in all business and manufacturing districts subject to the following restrictions:

(1)

Temporary signs, except as described in subsection (a) below; when seeking a temporary sign permit shall, in each case, describe the material of the sign to be permitted; the size of the sign to be permitted; the time period the sign is to remain in place; and how the sign will be displayed, including the location. Signs which meet the definition of a non-permanent sign but are anticipated to be displayed for a period exceeding 90 days, shall be approved as a conditional use or a planned unit development site plan amendment.

(a)

Temporary banner signs shall be limited to one sign per tax parcel. Where multiple tenants exist on a single tax parcel, each tenant shall be permitted to display a single banner in 30 day increments, not to exceed a total of 90 days in any calendar year. Such banners shall not be displayed simultaneously except those described in section 48-300.

(2)

Wall signs placed against the exterior walls of buildings shall not extend more than 12 inches outside of a building's wall surface, shall not exceed in area 30 percent of the signable area of the building, or 300 square feet, whichever is smaller, for any one premises. Wall signs shall not extend beyond the ceiling level of the top floor of the building upon which they are located.

(3)

Projected signs, awning signs, canopy signs, and marquees fastened to, suspended from, or supported by structures shall not exceed 100 feet in area for any one premises; shall not extend more than six feet into any required yard; shall not extend more than three feet into any public right-of-way; shall not be less than ten feet from all side lot lines; shall not exceed a height of 20 feet above the mean centerline street grade; and shall not be less than ten feet above the sidewalk nor 15 feet above a driveway or an alley.

(4)

Ground signs shall not exceed 20 feet in height above the mean centerline street grade, shall not exceed 80 square feet on one side nor 160 square feet on all sides for any one premises. No ground sign shall be placed closer than 80 feet to another ground sign or projecting, awning, canopy, or marquee sign unless permitted by conditional use.

(5)

Roof sign shall not exceed ten feet in height above the roof, shall meet the height requirements for the district in which it is located, and shall not exceed 300 square feet on all sides for any one premises.

(6)

Window signs shall not exceed 25 percent of the glass area of the pane upon which the sign is displayed.

(7)

The total area of all signs except window signs, erected or placed on any one premises shall not exceed 60 percent of the signable area of a building as defined in section 48-302 herein or 400 square feet, whichever is smaller.

(Prior Code, § 14.10C; Ord. No. 95-02; Ord. No. 02-12; Ord. No. 03-04; Ord. No. 09-01; Ord. No. 19-03, § III; Ord. No, 22-14, §§ I, II)

The village may permit the erection of a ground sign in excess of the requirements as set forth in section 48-301(4) and the total signage square footage in excess of the requirements as set forth in section 48-301(7) through the granting of a conditional use permit when the signs are erected on property adjacent to an arterial street, or highway with a posted speed limit of 40 mph or greater. The conditional use application shall include scaled drawings or renderings showing the sign relative to the site and structures, photos, or videotapes of the proposed sign at both 20 feet in height and the proposed height from all directions that are deemed necessary by the village.

(Prior Code, § 14.10D; Ord. No. 95-02; Ord. No. 02-12; Ord. No. 03-04; Ord. No. 09-01; Ord. No. 22-14, § III)

The signable area of a building is designated as the area of the facade of the building up to the roofline, which is free of windows and doors, or major architectural detail on which signs may be displayed. In computing signable areas, any facade, which faces and abuts upon a public street right-of-way, may be utilized.

(Prior Code, § 14.10E; Ord. No. 95-02; Ord. No. 02-12; Ord. No. 03-04; Ord. No. 09-01)

The village board may, by special use permit, allow the temporary use of a search light for advertising purposes in any nonresidential district provided that the search light will not be located in any public right-of-way, will not be located closer than ten feet to an adjacent property, and will not cause a hazard to traffic or adjoining properties. Special use permits for search lights shall not be granted for a period of more than five days in any six-month period.

(Prior Code, § 14.10F; Ord. No. 95-02; Ord. No. 02-12; Ord. No. 03-04; Ord. No. 09-01)

No sign except those permitted in section 48-301 shall be permitted to face a residential district within 100 feet of such district boundary.

(Prior Code, § 14.10G; Ord. No. 95-02; Ord. No. 02-12; Ord. No. 03-04; Ord. No. 09-01)

Signs shall not resemble, imitate, or approximate the shape, size, form, or color of railroad or traffic signs, signals, or devices. Signs shall not obstruct or interfere with the effectiveness of railroad or traffic signs, signals, or devices. Signs shall not be erected, relocated, or maintained so as to prevent free ingress to or egress from any door, window, or fire escape. Signs shall not be placed so as to obstruct or interfere with traffic visibility upon public ways. Signs may be illuminated but non-flashing.

(Prior Code, § 14.10H; Ord. No. 95-02; Ord. No. 02-12; Ord. No. 03-04; Ord. No. 09-01)

(a)

Wind pressure and dead load requirements. All signs and other advertising structures shall be designed and constructed to withstand wind pressure of not less than 40 pounds per square foot of area; and shall be constructed to receive dead loads as required in the village building code or other ordinance.

(b)

Protection of the public. The temporary occupancy of a sidewalk or street or other public property during construction, removal, repair, alteration, or maintenance of a sign is permitted provided the space occupied is roped off, fenced off, or otherwise isolated.

(c)

Maintenance. The owner of any sign shall keep it in good maintenance and repair, which includes restoring, repainting, or replacement of a worn or damaged legally existing sign and ensuring it is erected in a clean, sanitary, and inoffensive condition, free and clear of all obnoxious substances, rubbish, weeds, and grass.

(d)

Supporting members, braces and other attachments.

(1)

Supporting members or braces of all signs shall be constructed of galvanized iron, properly treated steel, copper, brass, or other non-corrosive incombustible material.

(2)

All projecting signs, if placed at a right or other angle to the wall or roof of any building, shall be attached by such non-corrosive metal bolts, anchors, cable, or other metal attachments as shall ensure permanent and safe construction and shall be maintained free from rust or other defects.

(3)

Every means or device used for attaching any sign shall extend through the walls or roof of the building should the zoning administrator determine the safe and permanent support of such sign so required and shall be securely anchored by wall plates and nuts to the inside of the walls or to bearings on the underside of two or more roof or ceiling joists in the walls or to bearings on the underside of two or more roof or ceiling joists in accordance with instructions given by the building inspector.

(4)

Small flat signs containing less than ten feet of area may be attached to a building by the use of lag bolts or other means to the satisfaction of the zoning administrator.

(5)

No signs, or any part thereof, or sign anchors, braces, or guide rods shall be attached, fastened, or anchored to any fire escape, fire ladder, or stand pipe and no such sign or any part of any sign or any anchor, brace, or guide rod shall be erected, put up, or maintained so as to hinder or prevent ingress or egress through such door, doorway, or window so as to hinder or prevent the raising or placing of ladders against such building by the fire department of the village, as necessity therefore may require.

(Prior Code, § 14.10I; Ord. No. 95-02; Ord. No. 02-12; Ord. No. 03-04; Ord. No. 09-01)

(a)

Nonconforming signs. Signs (except for temporary signs) lawfully existing at the time of the adoption or amendment of this chapter may be continued although the size or location does not conform to this chapter. However, all nonconforming signs shall be deemed to have exhausted their economic life after seven years from the time they become a nonconforming use. Nonconforming signs, after this seven-year period, shall either be made to conform to the terms of this chapter, or shall be removed by the owner, agent or person having beneficial use of the property. Nonconforming signs, during the seven year grace period, shall be kept in good repair, but the cost of maintenance shall not be considered grounds for their continued use beyond the seven year grace period. The zoning officer or building inspector shall, after the seven year grace period, notify the owner, agent or person having beneficial use of the property, of the expiration of the grace period. After 30 days, if the sign has not been made to conform to this chapter or removed, the zoning officer shall initiate the appropriate punitive action.

(b)

Vacated and abandoned signs. Any sign or banner that is not removed within 30 days of the discontinuance of business operations or activities at the premises shall be considered a vacated/abandoned sign. The zoning officer or building inspector shall, after 30 days, notify the owner, agent, or person having beneficial use of the property to remove the vacated/abandoned sign within ten days of receiving a "notice of intent to remove." Should the vacated/abandoned sign not be removed by the owner, or his agent, within ten days, the sign will be removed by the village and all costs for removal, storage and disposal will be assessed to the property owner. Vacated/abandoned signs removed by the village may be disposed of at the discretion of the zoning officer or building inspector after 45 days of removal. Disposal may include destruction, sale, and sale at auction or any other means deemed necessary.

(Prior Code, § 14.10J; Ord. No. 95-02; Ord. No. 02-12; Ord. No. 03-04; Ord. No. 09-01)

(a)

No sign shall be located, erected, moved, reconstructed, extended, enlarged, converted, or structurally altered without a permit, except those signs excepted in section 48-300. All signs shall fully conform to the requirements of this chapter.

(b)

Application for a sign permit shall be made on forms provided by the zoning officer or building inspector and shall contain or have attached thereto the following information:

(1)

Name, address and telephone number of the applicant.

(2)

Location of building, structure, or lot to which or upon the sign is to be attached or erected.

(3)

Name of person, firm, corporation, or association erecting the sign.

(4)

Written consent of the owner or lessee of the building, structure, or land to which or upon which the sign is to be affixed.

(5)

A scale drawing of such sign indicating the dimension, the materials to be used, the type of illumination, if any, and the method of construction and attachment.

(6)

A scale drawing indicating the location and position of such sign in relation to nearby buildings or structures.

(7)

Copies of any other permit required and issued for the sign, including the written approval by the electrical inspector, in the case of illuminated signs, who shall examine the plans and specifications, re-inspecting all wiring and connections to determine if the same complies with the electrical code.

(8)

Additional information as may be required by the building inspector, zoning officer, or village plan commission.

(c)

Sign permit applications shall be filed with the building inspector, who shall review the application for its completeness and accuracy and approve or deny, in writing, the application within 30 days of receipt from the zoning administrator unless the time is extended by written agreement with the applicant. A sign permit shall become null and void if work authorized under the permit has not been completed within six months of the date of issuance.

(Prior Code, § 14.10K; Ord. No. 95-02; Ord. No. 02-12; Ord. No. 03-04; Ord. No. 09-01; Ord. No. 19-03, § IV)