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Little Chute Village
City Zoning Code

ARTICLE II

ZONING DISTRICTS

Sec. 44-42.- Establishment of districts.

For the purpose of this article, present and future, provision is hereby made for the division of the village into the following nine basic zoning districts:

(1)

RC conventional single-family district.

(2)

RD dense modern single-family district.

(3)

RT two-family residential district.

(4)

RM multifamily residential district.

(5)

MH mobile home district.

(6)

CB central business district.

(7)

CH commercial highway district.

(8)

CS commercial shopping center district.

(9)

ID industrial district.

(10)

CN conservancy district.

(11)

IT institutional district.

(Code 2006, § 13-1-40; Ord. No. 6(Ser. of 2019), 11-6-2019)

Sec. 44-43. - Vacation of streets; annexations.

(a)

Placement of land from streets and alleys in district. 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.

(b)

Placement of land from annexations or consolidations. Annexations to or consolidations with the village subsequent to the effective date of the ordinance from which this article is derived shall be placed in the RC, conventional single-family district, unless the annexation ordinance places the land in another district.

(Code 2006, § 13-1-41)

Sec. 44-44. - Zoning map.

(a)

The village is hereby divided into zoning districts as shown upon a map designated as the official zoning map of the village and made a part of this article. The official zoning map and all the notations, references and other information shown thereon are a part of this article and shall have the same force and effect as if the matters and information set forth by said map were fully described herein. The official zoning map shall be properly attested and kept on file along with the text of the official zoning regulations in the office of the village.

(b)

The district boundaries shall be determined by measurement from and as shown on the official zoning map, and in case of any question as to the interpretation of such boundary lines, the village board, and plan commission shall interpret the map according to the reasonable intent of this chapter. Unless otherwise specifically indicated or dimensioned on the map, the district boundaries are normally:

(1)

Lot lines;

(2)

The section, quarter or 1/16 section lines; or

(3)

The centerlines of streets, highways, railways or alleys.

(Code 2006, § 13-1-42)

Sec. 44-45. - Rules for interpretation of district boundaries.

Where uncertainty exists as to the boundaries of districts as shown on the zoning map, the following rules shall apply:

(1)

Boundaries indicated as approximately following the centerlines of streets, highways, or alleys shall be construed to follow such centerlines.

(2)

Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

(3)

Boundaries indicated as approximately following village boundaries shall be construed as following municipal boundaries.

(4)

Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.

(5)

Boundaries indicated as following shorelines shall be construed to follow such shorelines and, in the event of change in the shoreline, shall be construed as moving with the actual canals, lakes or other bodies of water to follow such centerlines.

(6)

Boundaries indicated as parallel to or extensions of features indicated in the preceding shall be so construed. Distances not specifically indicated on the zoning map shall be determined by the scale of the map.

(Code 2006, § 13-1-43)

Sec. 44-46. - RC conventional single-family district.

(a)

Purpose. The RC conventional single-family district is intended to provide for moderate density single-family detached residential uses in traditional development forms. Certain structures and uses designed to serve governmental, educational, religious, and noncommercial recreational uses are permitted or permissible as special exceptions subject to restrictions and requirements necessary to preserve and protect the residential character of the district.

(b)

Permitted principal uses and structures. The following are permitted principal uses and structures in the RC district:

(1)

Single-family detached dwellings.

(2)

Public and semipublic nonprofit institutional uses including churches, schools, libraries, and the like; provided principal access shall be directly onto a collector or arterial street.

(3)

Parks, playgrounds and community centers.

(c)

Permitted accessory uses and structures. The following are permitted accessory uses and structures in the RC district:

(1)

Uses and structures customarily accessory and clearly incidental to permissible principal uses and structures.

(2)

Temporary structures in connection with the construction of principal structures provided such structures are not used for living purposes. Temporary structures shall not remain over two years after construction of the principal structure commences.

(d)

Special exception uses and structures. The following are special exception uses and structures in the RC district:

(1)

Day nurseries and kindergartens with at least 100 square feet of open play space for each child enrolled.

(2)

Convalescent, children's and nursing homes and group homes under Wis. Stats. ch. 61.

(3)

Public utility installations.

(4)

Cemeteries.

(5)

Gardens, nurseries, and orchards, provided no office or store is maintained on the premises.

(6)

Bed and breakfast establishments.

(7)

Business and professional offices, public and private clinics.

(e)

Dimensional requirements. The following are dimensional requirements in the RC district:

(1)

Single-family detached dwellings. The minimum dimensions are as follows:

a.

The lot area is 7,500 square feet per dwelling.

b.

The lot width is 70 feet.

c.

Setbacks are as follows:

1.

The front yard setback is 25 feet.

2.

The side yard setbacks are seven feet individually, 15 feet combined.

3.

The rear yard setback is 20 feet.

d.

The maximum lot coverage is 35 percent.

e.

The maximum height is 35 feet (2½ stories).

(2)

Other permissible principal uses and structures. The minimum dimensions are as follows:

a.

The lot area is 12,000 square feet.

b.

The lot width is 100 feet.

c.

The setbacks are as follows:

1.

The front yard setback is 25 feet.

2.

The side yard setbacks are 15 feet each.

3.

The rear yard setback is 25 feet.

d.

The maximum lot coverage is 35 percent.

e.

The maximum height is 35 feet (2½ stories).

(3)

Existing single-family detached dwellings on lots platted prior to 1950. The minimum dimensions are as follows:

a.

The lot area is 6,000 square feet.

b.

The lot width is 50 feet.

c.

The setbacks are as follows:

1.

The front yard setback is no less than the average of existing homes within a radius of 500 feet.

2.

The side yard setbacks are five feet individually, 12 feet combined.

3.

The rear yard setback is 20 feet.

d.

The maximum lot coverage is 35 percent.

e.

The maximum height is 35 feet (2½ stories).

(f)

Permitted accessory signs. The permitted accessory signs are as follows:

(1)

One subdivision identification sign limited to 25 square feet in area.

(2)

One temporary sign for each street frontage advertising the sale or lease of real estate provided such sign is limited to nine square feet in area, and one temporary sign advertising the development of property limited to 50 square feet in area. No temporary sign shall be erected within ten feet of any adjacent side yard, and no temporary sign shall remain after the sale, lease, or development of the property.

(3)

In connection with any public or semipublic institution, the following signs are permitted:

a.

One identification sign limited to 40 square feet;

b.

One bulletin board limited to 20 square feet; and

c.

Not more than two temporary signs or banners limited to a combined area of 80 square feet in connection with special events; provided that no such sign or banner shall be displayed for a period of more than two weeks.

(4)

In connection with any permitted and publicly owned outdoor athletic field, including soccer, football, baseball, softball, track or tennis courts, the following is permitted: One rectangular-shaped scoreboard per athletic field which may contain commercial on-premises or off-premises advertising of no more than the lesser of 80 square feet or 35 percent of the face of the scoreboard including such signage; provided that no such commercial advertising shall contain any internal or external lighting or moving parts and such advertising shall not be located upon the back of such scoreboard. The name of the park, athletic field, or home team shall not be considered signage in calculating permitted area.

(5)

In connection with any public park or school, the following are permitted: signs with specific approval of the plan commission recognizing special events, memorials, and recognitions. The size, location, and length of time of display to be determined by the plan commission.

(g)

Off-street parking requirements. The off-street parking requirements are as follows:

(1)

For dwellings, the off-street parking requirements are two per unit.

(2)

For churches, the off-street parking requirements are one space per three fixed seats.

(3)

For high schools, the off-street parking requirements are one space per three students/employees.

(4)

For elementary school, junior high school, day nurseries the off-street parking requirements are one space per employee.

(5)

For libraries, exhibits, community centers the off-street parking requirements are one space per three persons of maximum capacity.

(6)

For convalescent home, children's home, nursing home the off-street parking requirements are one space per four beds, plus one space per employee.

(Code 2006, § 13-1-44; Ord. No. 6(Ser. of 1999), 4-21-1999; Ord. No. 10(Ser. of 2008), § 1, 8-6-2008; Ord. No. 8(Ser. of 2012), § 1, 6-20-2012; Ord. No. 7(Ser. of 2020), § 1, 9-16-2020)

Sec. 44-46.1. - RD dense modern single-family district.

(a)

Purpose. The RD dense modern single-family district is intended to provide for more dense single-family detached residential uses in modern development forms.

(b)

Permitted principal uses and structures. The following are permitted principal uses and structures in the RD district:

(1)

Single-family detached dwellings.

(2)

Municipal owned parks, playgrounds and community centers.

(c)

Permitted accessory uses and structures. The following are permitted accessory uses and structures in the RD district:

(1)

Uses and structures customarily accessory and clearly incidental to permissible principal uses and structures.

(d)

Special exception uses and structures. The following are special exception uses and structures in the RD district:

(1)

Public utility installations.

(e)

Dimensional requirements. The following are dimensional requirements in the RD district:

(1)

Single-family detached dwellings. The minimum land dimensions are as follows:

a.

The lot area is 6,000 square feet per dwelling.

b.

The lot width is 60 feet.

c.

Setbacks are as follows:

1.

The front yard setback is 20 feet.

2.

The side yard setbacks are six feet individually.

3.

The rear yard setback is 12 feet.

d.

The maximum lot coverage is 50 percent.

e.

The maximum height is 30 feet (two stories).

(f)

Permitted accessory signs. The permitted accessory signs are as follows:

(1)

One subdivision identification sign limited to 25 square feet in area.

(2)

One temporary sign for each street frontage advertising the sale or lease of real estate provided such sign is limited to nine square feet in area. No temporary sign shall be erected within ten feet of any adjacent side yard, and no temporary sign shall remain after the sale, lease, or development of the property.

(g)

Off-street parking requirements. The off-street parking requirements are as follows:

(1)

For dwellings, the off-street parking requirements are two per unit.

(2)

For community centers, the off-street parking requirements are one space per four persons of maximum capacity.

(3)

For all other uses, the off-street parking requirements are to be established by site plan approval of the plan commission.

(Ord. No. 6(Ser. of 2019), § 1, 11-6-2019; Ord. No. 4(Ser. of 2024), § 1, 6-19-2024)

Sec. 44-47. - RT two-family residential district.

(a)

Purpose. The RT two-family residential district is intended to provide for moderate to medium-density residential areas with emphasis on two-family and single-family attached residential uses. This district is also intended to provide infilling opportunities for parcels which, for various reasons, have been bypassed by development. Nonresidential uses are limited to those which are compatible with the medium-density character of the district.

(b)

Permitted principal uses and structures. The following are permitted principal uses and structures in the RT district:

(1)

The permitted principal uses and structures in subsections (b)(1) through (3) in the RC conventional single-family district.

(2)

Two-family dwellings.

(3)

Zero lot line two-family dwellings.

(c)

Permitted accessory uses and structures. The permitted accessory uses and structures in the RT district in section 44-46(c)(1) and (2) in the RC district.

(d)

Special exception uses and structures. The following are special exception uses and structures in the RT district:

(1)

Special exception uses and structures in section 44-46(d)(1) through (6) in the RC district.

(2)

Cluster subdivisions.

(3)

Planned unit developments.

(4)

Single-family attached dwellings.

(e)

Dimensional requirements. The following are dimensional requirements in the RT district:

(1)

Single-family detached dwellings. The minimum dimensions are as follows:

a.

The lot area is 7,500 square feet per dwelling.

b.

The lot width is 70 feet.

c.

The setbacks are as follows:

1.

The front yard setback is 25 feet.

2.

The side yard setbacks are seven feet individually, 15 feet combined.

3.

The rear yard setback is 20 feet.

(2)

Two-family attached dwellings. The minimum dimensions are as follows:

a.

The lot area dimension is 9,000 square feet, 4,500 square feet per dwelling.

b.

The lot width dimension is 70 feet.

c.

The setbacks are as follows:

1.

The front yard setback is 25 feet.

2.

The side yard setbacks are seven feet individually, 15 feet combined.

3.

The rear yard setback is 20 feet.

d.

The maximum lot coverage is 35 percent.

e.

The maximum height is 35 feet (2½ stories).

(3)

Single-family attached dwellings. Each group or series of single-family attached dwellings shall have minimum dimensions as follows:

a.

The lot area dimension of 10,000 square feet.

b.

The lot width dimension of 80 feet.

c.

The setbacks are as follows:

1.

The front yard setback is 25 feet;

2.

The side yard setbacks are 12 feet each;

3.

The rear yard setback is 25 feet.

d.

The maximum density is eight dwelling units per net acre.

e.

The lot coverage is 25 percent.

f.

The height is 35 feet (2½ stories).

g.

Not more than two dwelling units in one group or series shall have the same or approximately the same roofline or building line.

h.

Not less than 40 percent of the total site area shall be landscaped in lawns, gardens, decorative plantings, or wooded areas.

i.

A site plan under section 44-464 is required for all single-family attached developments.

j.

Common open space shall be subject to the requirements of section 44-194.

(4)

Zero lot line two-family dwellings. The minimum dimensions are as follows:

a.

The lot area is 4,500 square feet per dwelling.

b.

The lot width is 35 feet per unit, 70 feet combined.

c.

The setbacks are as follows:

1.

The front yard setback is 25 feet.

2.

The rear yard setback is 20 feet.

3.

The side yard setbacks are zero on one side; provided that:

(i)

The lot adjacent to that side yard is held under the same ownership at the time of initial construction of the two-family attached dwelling.

(ii)

The adjoining side yard setback of the lot adjacent to the zero side yard is also zero.

(iii)

The opposite side yard is not less than seven feet.

(iv)

Both units of the two-family attached dwelling are completed prior to occupancy of either unit.

(v)

Easements shall be provided upon each lot as may be necessary for water, sewer and all other utility services. Said easements shall be approved by each of the utility providers.

(vi)

Foundation drains shall have a separate sump and pump located in each dwelling unit.

(vii)

Restrictive covenants shall be recorded at the county register of deeds, providing declarations and/or bylaws similar to those typically recorded on a declaration of condominium. Said covenants shall provide for mediation of any and all disputes between owners of each unit and any third party with regard to construction, use, and maintenance of the real property. Furthermore, said covenants shall specifically state that the village and all approving authorities shall not be held responsible for same, and that said covenants shall inure to all heirs and assigns.

(5)

Other permissible principal uses and structures. The minimum dimensions are as follows:

a.

The lot area is 10,000 square feet.

b.

The lot width is 80 feet.

c.

The setbacks are as follows:

1.

The front yard setback is 25 feet.

2.

The side yard setbacks are ten feet each.

3.

The rear yard setback is 25 feet.

d.

The maximum lot coverage is 25 percent.

e.

The maximum height is 35 feet (2½ stories).

f.

The permitted accessory signs are the permitted accessory signs in section 44-46(f)(l) through (3) in the RC district.

g.

The off-street parking requirements are the applicable requirements as specified in section 44-46(g) of the RC district.

(Code 2006, § 13-1-45; Ord. No. 8(Ser. of 2000), 9-6-2000)

Sec. 44-48. - RM multifamily residential district.

(a)

Purpose. The RM multifamily residential district is intended to provide for medium-density to high-density residential areas with emphasis on multifamily residential use. Nonresidential uses are limited to those which are compatible with the high-density character of the district.

(b)

Permitted principal uses and structures. The following are permitted principal uses and structures in the RM district:

(1)

The permitted principal uses and structures in section 44-46(b)(1) through (6) in the RC district.

(2)

Two-family dwellings.

(3)

Single-family attached dwellings.

(4)

Multifamily dwellings.

(c)

Permitted accessory uses and structures. The permitted accessory uses and structures as in section 44-46(c)(1) and (2) in the RC district.

(d)

Special exception uses and structures. The following are special exception uses and structures in the RM district:

(1)

The special exception uses and structures in section 44-46(d)(1) through (3) in the RC district.

(2)

Cluster subdivisions.

(3)

Planned unit development.

(e)

Dimensional requirements. The following are dimensional requirements uses and structures in the RM district:

(1)

For single-family detached dwellings, as specified in section 44-47 in the RT district.

(2)

For two-family dwellings, as specified in section 44-47 in the RT district.

(3)

For single-family attached dwellings, as specified in section 44-47 in the RT district.

(4)

For multifamily dwellings, the minimum dimensions are as follows:

a.

The lot area is 9,000 square feet per dwelling.

1.

For one story structures, 2,000 square feet per dwelling.

2.

For two-story structures, 1,500 square feet per dwelling.

3.

For three-story structures, 1,000 square feet per dwelling.

b.

The lot width is 80 feet.

c.

The setbacks are as follows:

1.

The front yard setback is 25 feet.

2.

The side yard setbacks are ten feet individually, 35 feet combined.

3.

The rear yard setback is 25 feet.

d.

The maximum lot coverage is 35 percent.

e.

The maximum height is 45 feet or three stories.

f.

Not less than 25 percent of the total site area shall be landscaped in lawns, gardens, decorative plantings, or wooded areas. A site plan under section 44-464 is required for all multifamily developments.

(5)

Other permissible principal uses and structures are as specified in section 44-47 in the RT district.

(f)

Permitted accessory signs. The permitted accessory signs are as specified in section 44-46(f)(1) through (3) in the RC district.

(g)

Off-street parking requirements. The following are off-street parking requirements in the RM district:

(1)

For multifamily dwellings, three per two-dwelling units.

(2)

For clubs and organizations, one space per three persons of maximum capacity.

(Code 2006, § 13-1-46)

Sec. 44-49. - MH mobile home district.

(a)

Purpose. It is the intent of the MH mobile home district that adequate provision be made for mobile home housing. It is further the intent of this district to limit the use of mobile homes for dwelling purposes to mobile home parks and to ensure the compatibility of such developments with adjoining present and future development of other types.

(b)

Permitted principal uses and structures. The following are permitted principal uses in MH mobile home park districts:

(1)

One mobile home per site.

(2)

Park recreation facilities including room or center and court games.

(3)

Park offices, maintenance facilities and laundry facilities.

(4)

Enclosed storage structures and garage facilities with use limited to park residents only.

(c)

Permitted accessory uses and structures. Permitted accessory uses and structures in this district are uses and structures customarily accessory and clearly incidental to permissible principal uses and structures that are located on the same lot or parcel as the mobile home park, are not of a character likely to attract visitors in larger numbers than would be expected in a mobile home park, and do not involve operations or structures not in keeping with the character of a mobile home park.

(d)

Special exception uses and structures. The following are special exception uses and structures in the MH district:

(1)

Public utilities.

(2)

Nonprofit clubs.

(3)

Child care centers.

(e)

Dimensional requirements. See section 44-427 for dimensional requirements.

(f)

Permitted accessory signs. Permitted accessory signs in the MH district are one ground sign, which may have two sides, at each entrance to a mobile home park to identify the park. Such signs shall contain only the name of the park and shall not exceed 36 square feet in area per side.

(g)

Off-street parking requirements. In the MH district, the off-street parking requirements are one space per unit.

(Code 2006, § 13-1-47)

Sec. 44-50. - CB central business district.

(a)

Purpose.

(1)

The CB central business district is intended to provide for a centrally located intensely developed core of commercial, service, and governmental uses. It is important that the area develop as a unit offering a convenient and attractive shopping environment. Therefore, permitted uses are limited to those which are compatible, mutually reinforcing, and conducive to common approaches to traffic and pedestrian circulation, parking, and promotion.

(2)

Automobile related uses are prohibited in this district, such as but not limited to, the following:

a.

Automobile wash facilities, automobile sales lots; and

b.

Automobile service or repair shops.

(3)

Building design requirements. All plans for new buildings, additions, and exterior modifications except for roof resurfacing to existing buildings in this district shall be reviewed by the design review board and approved prior to issuance of a building permit. All proposed construction shall be designed substantially in a manner functionally and aesthetically compatible with the Little Chute Design Manual as adopted by the village board.

a.

Determinations of the design review board in approving or denying of submitted plans are subject to appeal or variance to the plan commission under section 44-521.

b.

Determinations of the plan commission are subject to appeal to the board of appeals under section 44-517.

(b)

Permitted principal uses and structures. The following are permitted principal uses in CB central business districts:

(1)

Retail outlets for sale of food, wearing apparel, home furnishings, and appliances (including repair strictly incidental to sales), office equipment, hardware, auto parts and accessories, toys, sundries, notions, books, stationery, leather goods, luggage, jewelry, art, cameras, photographic supplies (including camera repair), alcohol beverages for off-premises consumption, sporting goods, hobby shops, pet shops, musical instruments, florist shops, gift shops, delicatessen, bake shop (but not wholesale bakery), drugs, and similar products.

(2)

Service establishments such as barbershops and beauty shops, shoe repair, restaurant (except drive-in restaurants), interior decorator, photographic studios, dance or music studio, tailor and dressmaker, laundry or dry cleaner, radio or television repair shop, and similar uses.

(3)

Banks and other financial institutions, employment offices, business offices, professional offices, and similar establishments.

(4)

Commercial recreation facilities in completely enclosed buildings, including theaters, arcades, and amusement centers.

(5)

Public offices, public and private clinics.

(6)

Printing and publishing establishments.

(7)

Clubs and organizations including museums, art galleries, public libraries and civic centers.

(8)

Dwellings above or behind other principal uses so as to not interrupt business frontage.

(c)

Permitted accessory uses and structures. Permitted accessory uses and structures in this district are uses and structures customarily accessory and clearly incidental to permissible principal uses and structures. Such accessory uses shall not be in conflict with subsection (a) of this section.

(d)

Special exception uses and structures. The following are special exception uses and structures in the CB district:

(1)

Public utility installations and offices.

(2)

Drive-in banks and restaurants.

(3)

Day care centers.

(4)

Taverns, billiard parlors, and bowling alleys.

(5)

Senior centers.

(6)

Hotels.

(7)

Mortuaries.

(8)

Multifamily residences.

(9)

Convenience stores and fuel stations.

(10)

Automobile wash facilities when connected to convenience stores.

(11)

Uses allowed under subsections (b)(1) through (9) and of this section, pertaining to permitted principal uses and structures and this subsection, pertaining to special exception uses when and if the proposed uses or structures do not meet the minimum requirements under subsections (e) or (g), pertaining to dimensional requirements or off-street parking requirements.

(e)

Dimensional requirements. There are no minimum lot area or width requirements. Any lot adjacent to a residential district without any intervening street shall have a yard setback of at least 15 feet in width, if at the side or rear and shall be subject to the landscaped buffer requirements of section 44-193. A site plan pursuant to section 44-464 is required for all uses.

(f)

Permitted accessory signs. Permitted accessory signs in the CB district are as follows:

(1)

For each principal structure flat signs limited in aggregate area to 10 percent of the wall area fronting on a street (total wall area including the window area). Flat signs and projecting signs are limited in aggregate area to ten percent of the rear wall fronting on a parking lot. For every 100 feet of lot frontage, one detached monument type sign limited to 100 square feet in area on each side, with a limit of two sides and 200 square feet and six feet in height. The minimum distance between detached signs shall be 25 feet. Signs shall not be permitted on side walls unless fronting on a street. Signs shall not be located in any vision triangle area of 15 feet at street intersections.

(2)

Temporary signs as provided in section 44-46(f)(2) of the RC district.

(3)

Decorative awnings protruding from principal structures; provided the lettering on such awning is strictly descriptive of, or the name of, the businesses occupying said principal structure. No symbols or lettering on such awning shall be an advertisement of any product or brand name. Such awning and symbols or lettering shall have prior approval of the design review board as to design and content. The awning shall be covered with an opaque material which will prevent backlighting from illuminating any attached symbols or lettering.

(4)

Temporary detached signs are limited in area to 100 square feet on each side, with a limit of two sides and 200 square feet, and limited to 15 consecutive days and 90 total days per calendar year. Such signs shall not contain any flashing lights and shall not be located within 100 feet of any residential district.

(g)

Off-street parking requirements. Required off-street parking may be served by adjacent or nearby private or public parking lots only when approved by the plan commission. In the CB district, the off-street parking requirements are as follow:

(1)

For retail, service (except restaurants), banks, offices, and clinics in this district one space per 300 square feet of floor space.

(2)

For restaurants and recreational establishments in this district one space per 100 square feet of floor space.

(3)

For theaters, clubs and organizations, and mortuaries in this district one space per three persons of maximum capacity.

(4)

For printing and publishing establishments in this district one space per employee.

(5)

For hotels in this district one space per sleeping room.

(6)

For other uses in this district sufficient off-street parking such that no public street shall be used for parking.

(Code 2006, § 13-1-48; Ord. No. 5(Ser. of 2002), 4-3-2002; Ord. No. 2(Ser. of 2004), 2-4-2004; Ord. No. 18(Ser. of 2004), 9-1-2004; Ord. No. 10(Ser. of 2009), § 2, 9-2-2009; Ord. No. 24(Ser. of 2011), § 1, 11-16-2011; Ord. No. 1(Ser. of 2019), § 1, 1-16-2019)

Sec. 44-51. - CH commercial highway district.

(a)

Purpose. The CH commercial highway district is intended to provide for general commercial uses convenient to major streets. Many of these uses require larger land areas, do not relate readily to pedestrian circulation, require significant parking and loading areas, and primarily operate independent of one another.

(b)

Permitted principal uses and structures. The following are permitted principal uses in the CH central business district:

(1)

Permitted principal uses and structures that are permitted in section 44-50(b)(1) through (7) in the CB district.

(2)

Building equipment and supply establishments and paint stores.

(3)

Drive-in banks and restaurants.

(4)

Taverns, billiard parlors, and bowling alleys.

(5)

Gardens, orchards and nurseries, including the maintenance of an office or store.

(6)

Hotels.

(7)

Mortuaries.

(8)

Veterinary hospitals or dog kennels.

(9)

Commercial day care centers serving more than seven children daily.

(c)

Permitted accessory uses and structures. Uses and structures customarily accessory and clearly incidental to permissible principal uses and structures in the district are permitted.

(d)

Special exception uses and structures. The following are special exception uses and structures in the CH district:

(1)

Public utility installations.

(2)

Light manufacturing uses, including packaging, bottling, storage (excluding self-storage warehouses or miniwarehouses), and laboratory uses.

(3)

Automobile, boat, construction equipment and farm implement sales, service and repair and automobile filling stations.

(4)

Wholesale and warehouse establishments (excluding self-storage warehouses or miniwarehouses).

(5)

Transportation terminals.

(6)

Multifamily residential, two-family residential.

(7)

RV parks with a density of 14 units per acre or less and no tents or tent campers allowed.

(e)

Dimensional requirements. The following are minimum dimensional requirements uses and structures in the CH district:

(1)

The lot area required is 15,000 square feet.

(2)

The lot width required is 100 feet.

(3)

The setbacks are as follows:

a.

The front yard setback is 40 feet;

b.

The side yard setbacks are 15 feet each;

c.

The rear yard setback is 25 feet.

(4)

The maximum lot coverage allowed is 35 percent.

(5)

The maximum height allowed is 45 feet.

(6)

Landscaped buffer. Any required yard adjacent to a residential district shall be subject to the landscape buffer requirements of section 44-193. To eliminate hazards involved in unchanneled ingress and regress, a landscaped strip of not less than 15 feet in width and depth if at the front and 15 feet in width if at the side shall be required along any lot line adjacent to a street. Except for such accessways, such strip shall be continuous for the entire length of the lot line adjacent to accessways, such strip shall be continuous for the entire length of the lot line adjacent to the street. A site plan under section 44-464 is required for all shopping center developments.

(f)

Permitted accessory signs. For each principal structure the permitted accessory sign for each ten lineal feet of frontage on a public street (frontage being determined by the principal entrance to the premises), a maximum of one sign and 30 square feet of sign area shall be permitted. The sign area may be used in a fewer number of signs than permitted, but the maximum number of signs shall not be exceeded even though the total area permitted is not used. No sign shall be located within five feet of any lot line. The maximum height of signs is 45 feet, except that signs located within 660 feet of a U.S. highway and more than 660 feet from a residential district have a maximum height of 65 feet. Temporary signs are permitted that comply with section 44-50(f)(4).

(g)

Off-street parking requirements. In the CH district the off-street parking requirements are as follow:

(1)

The applicable parking requirements in this district are as specified in the CB district.

(2)

For wholesale and warehouse establishments the requirements are one space per 500 square feet of floor space.

(3)

For light manufacturing the requirements are one space per employee on maximum shift.

(4)

For furniture, appliance, flooring, plumbing, implement, and hardware sales establishments the requirements are one space per 300 square feet of floor space.

(Code 2006, § 13-1-49; Ord. No. 15(Ser. of 2000), 10-18-2000; Ord. No. 16(Ser. of 2002), 10-2-2002; Ord. No. 12(Ser. of 2003), 12-17-2003; Ord. No. 2(Ser. of 2004), 2-4-2004; Ord. No. 20(Ser. of 2005), 10-5-2005; Ord. No. 3(Ser. of 2007), § 1, 2-7-2007; Ord. No. 11(Ser. of 2007), § 1(13-1-49), 8-1-2007)

Sec. 44-52. - CS commercial shopping center district.

(a)

Purpose. The CS commercial shopping center district is intended to provide for the establishment of new planned and unified shopping centers in areas not presently zoned for commercial purposes, but the district may be applied to existing centers meeting the general requirements of the district. It is further intended to encourage the development of a variety of commercial establishments with depth rather than single-purpose strip-type commercial development. Since the shopping center may extend near residential areas, great care is required in fitting it into its surroundings. Rezoning to this district requires a showing of need for the establishment of new commercial establishments outside existing commercial areas.

(b)

Permitted principal uses and structures. The permitted principal uses and structures in the CS district are as allowed in section 44-50(b)(1) through (3) in the CB district. All uses are subject to the requirement that all sales, storage and display shall be within completely enclosed buildings.

(c)

Permitted accessory uses and structures. The permitted accessory uses and structures customarily accessory and clearly incidental to permissible principal uses and structures which do not involve operations or structures not in keeping with the character of the district; provided, however, that garbage and trash shall be kept in closed containers, and that such containers shall not be visible from residential districts, from portions of the premises customarily open to customer parking or automotive traffic, or from public ways.

(d)

Special exception uses and structures. The following are special exception uses and structures in the CS district:

(1)

Public utility installations and offices.

(2)

Public offices and public and private clinics.

(e)

Dimensional requirements. For all shopping center developments the minimum dimensions are as follows:

(1)

The lot area required is two acres;

(2)

The lot width, street frontage requirement is 200 feet.

(3)

The maximum lot coverage allowed is 35 percent;

(4)

The maximum height allowed is 35 feet.

(5)

Setbacks. The setbacks are as follows:

a.

All yards adjacent to streets or residential districts shall be at least:

1.

If at the front or rear, 100 feet in depth; and

2.

If at the side, 100 feet in width.

b.

Yards adjacent to districts other than residential shall be at least:

1.

If at the front or rear, 50 feet in depth; and

2.

If at the side, 50 feet in width.

c.

Landscape buffer. Any required yard adjacent to a residential district shall be subject to the landscape buffer requirements of section 44-193. To eliminate hazards involved in unchanneled ingress and regress, a landscaped strip not less than 15 feet in width and depth if at the front and 15 feet in width if at the side shall be required along any lot line adjacent to a street. Except for such accessways, such strip shall be continuous for the entire length of the lot line adjacent to accessways, such strip shall be continuous for the entire length of the lot line adjacent to the street. A site plan under section 44-464 is required for all shopping center developments.

(f)

Permitted accessory signs. The following are permitted accessory signs in the CS district:

(1)

For each shopping center development, one general identification sign structure bearing one sign limited to 300 square feet in area if mounted approximately parallel to the right-of-way, or two signs limited to 15 square feet for each ten lineal feet of frontage on a public street (frontage determined by the principal entrances to the premises) if mounted back to back. No sign shall be located within five feet of any property line.

(2)

For each establishment, one sign and one square foot of sign area for each lineal foot of building frontage. Such signs shall refer only to the name and nature of the business conducted in the building and to goods and services offered and shall be mounted flat against the wall or window of the building. Insofar as practicable, such signs shall be oriented away from surrounding residential areas.

(3)

Temporary signs. Temporary signs complying with as allowed in section 44-50(f)(4).

(g)

Off-street parking requirements. In the CS district the off-street parking required for shopping centers is one space per 200 square feet of floor space.

(Code 2006, § 13-1-50)

Sec. 44-53. - ID industrial district.

(a)

Purpose. The ID industrial district is intended to provide for manufacturing and closely related uses. It is intended to preserve such lands for industrial activity, wholesaling, warehousing, and certain service and commercial activities. To allow maximum latitude in uses and certain service and commercial activities. To allow maximum latitude in uses and to provide an objective basis for regulation, performance standards are used for manufacturing uses.

(b)

Permitted principal uses and structures. The following are permitted principal uses in the ID industrial district:

(1)

Wholesale, warehouse, and building equipment and supply establishments.

(2)

Automobile, boat, construction and farm implement sales, service and repair.

(3)

Agricultural-related uses, including feed mills and co-ops.

(4)

Printing and publishing.

(5)

Service establishments catering to commercial and industrial uses, including linen supply, freight movers, communication services, canteen services, business machine services, and uses of a similar nature.

(6)

Transportation terminals.

(7)

Light manufacturing uses, including bottling, packaging, laboratories, and uses of a similar nature.

(8)

Manufacturing uses, including production, processing, cleaning, testing and the distribution of materials and goods, except wrecking yards, fertilizer and chemical manufacture, cement manufacture, explosive manufacture or storage, smelting and tanneries and slaughterhouses. All manufacturing uses and structures are subject to the provisions of section 44-92.

(c)

Permitted accessory uses and structures. The following are permitted accessory uses and structures in the ID district:

(1)

Uses and structures customarily accessory and clearly incidental to permissible principal uses and structures.

(2)

Outside storage of equipment and materials shall be located behind the building setback line and screened from view of any public street by a fence, wall or shrub at least six feet in height. All outside storage areas shall be clean and orderly with a hard or gravel surface and set back at least 15 feet from any side or rear property line.

(3)

Railroad spurs and service rails within side or rear yards only.

(d)

Special exception uses and structures. Special exception uses and structures in this district are self-storage or miniwarehouse when accessory to a permitted principal use.

(e)

Dimensional requirements. The minimum dimensional requirements for this district for all permissible principal uses and structures are as follows:

(1)

The lot area required is 9,000 square feet;

(2)

The lot width required is 90 feet;

(3)

Setbacks. The setbacks are as follows:

a.

The front yard setback is 20 feet;

b.

The side yard setbacks are ten feet each; provided, however, side yards shall be increased one foot in width for every three feet in building height above 35 feet;

c.

The rear yard setback is 15 feet;

d.

A landscaped strip not less than ten feet in depth shall be required along any lot line adjacent to a street. Except for accessways, such strip shall be continuous for the entire length of the lot line adjacent to the street. A site plan under section 44-464 is required for all industrial district development.

There are no side or rear yard requirements when a railroad right-of-way abuts at the side or rear property line. When a lot in this district abuts a residential district, all structures shall be set back at least 40 feet from the district boundary line and the entire area shall be landscaped;

(4)

The maximum total impervious lot coverage is 90 percent.

(5)

The maximum height allowed is 150 feet.

(f)

Permitted accessory signs. The following are permitted accessory signs in the ID district:

(1)

Flat signs are limited in aggregate area to 20 percent of the wall area fronting on a street. For every 100 feet of lot frontage, one detached sign limited in area to 200 square feet on each side (limit of two sides and 400 square feet) and 30 feet in height.

(2)

Temporary signs are as provided in section 44-46(f)(2) allowed in the RC district.

(3)

Temporary signs that comply with section 44-50(f)(4).

(g)

Off-street parking requirements. In the ID district the off-street parking required is as follows:

(1)

The applicable parking requirements are as specified in section 44-51(g) in the CH district.

(2)

For manufacturing and service uses the requirement is one space per employee on maximum shift.

(3)

For other uses the requirement is sufficient off-street parking such that no public street shall be used for parking.

(Code 2006, § 13-1-51; Ord. No. 13(Ser. of 1995), 4-19-1995; Ord. No. 13(Ser. of 2000), 10-4-2000; Ord. No. 21(Ser. of 2005), 10-5-2005; Ord. No. 28(Ser. of 2005), 12-7-2005; Ord. No. 11(Ser. of 2007), § 1(13-1-50), 8-1-2007; Ord. No. 4(Ser. of 2015), § 1, 8-5-2015)

Sec. 44-54. - CN conservancy district.

(a)

Purpose. The CN conservancy district is intended to protect natural resources. Generally, this district may include swamps, marshlands, river shores, and other land of natural aesthetic value.

(b)

Permitted principal uses and structures. The following are permitted principal uses and structures in the CN district:

(1)

General farming, provided no drainage, filling or dredging takes place and no farm buildings are constructed.

(2)

The harvesting of any wild crop such as marsh hay, ferns, moss, wild berries, tree fruits and tree seeds.

(3)

Sustained yield forestry, open spaces.

(4)

Telephone, telegraph and power distribution poles and lines and necessary appurtenant equipment and structures.

(5)

Fishing.

(6)

Preservation of scenic, historic and scientific areas; wildlife preserves.

(7)

Nonresidential buildings used solely in conjunction with the raising of waterfowl, minnows and other similar lowland animals, fowl or fish.

(8)

Hiking trails and bridle paths.

(9)

Public and private parks.

(c)

Special exception uses and structures. The special exception uses and structures in the CN conservancy district are as follows:

(1)

Filling, draining, dredging.

(2)

Nonresidential farm structures.

(3)

Dams, power plants, flowage.

(4)

Ponds.

(5)

Relocation of watercourses.

(6)

Removal of top soil or peat.

(7)

Utilities.

(8)

Parking lots.

(9)

Golf courses.

(d)

Dimensional requirements. For all permissible principal uses and structures the minimum dimensional requirements of the CN conservancy district are as follows:

(1)

The lot area required is 7,500 square feet;

(2)

Setbacks. The setbacks are as follows:

a.

The front yard setback is 25 feet;

b.

The side yard setbacks are seven feet individually, 15 feet combined;

c.

The rear yard setback is 35 feet;

(3)

The maximum height allowed is 35 feet.

(Code 2006, § 13-1-52)

Sec. 44-55. - IT institutional district.

(a)

Purpose. The intent of this district is to provide for areas of the community where public or semipublic institutional uses are or can be established and to ensure that such areas will continue in this use unless otherwise approved by the village.

(b)

Permitted principal uses and structures. The following are permitted principal uses and structures in the IT district:

(1)

Public parks, parkways, playgrounds, golf courses and other uses of a similar nature.

(2)

Public and semipublic zoos, arboretums, museums, exhibits, and libraries and community centers.

(3)

Public and semipublic institutional uses, including churches, convents, elementary schools, high schools, colleges, hospitals, clinics, elderly homes, children's homes, convalescent homes and other uses of a similar nature.

(4)

Public administrative offices.

(c)

Permitted accessory uses and structures. The following are permitted accessory uses and structures in the IT district: Uses and structures customarily accessory and clearly incidental to permissible principal uses and structures.

(d)

Special exception uses and structures. The following are special exception uses and structures in the IT district:

(1)

Public utility installations.

(2)

Cemeteries.

(e)

Dimensional requirements. The minimum dimensional requirements of the IT institutional district are as follows:

(1)

There is no minimum lot area required.

(2)

The maximum lot coverage is 40 percent.

(3)

There is no minimum lot width.

(4)

The minimum front yard is 20 feet plus an additional foot for each five feet that the building or structure exceeds 35 feet in height.

(5)

The minimum rear yard is 20 feet plus an additional foot for each five feet that the building or structure exceeds 35 feet in height.

(6)

The minimum side yard is 20 feet plus an additional foot for each five feet that the building or structure exceeds 35 feet in height.

(7)

The maximum building height is 120 feet.

(8)

The maximum accessory structure height is 35 feet.

(f)

Permitted accessory signs.

(1)

In connection with any public or semipublic institution, the following signs are permitted:

a.

One identification sign limited to 40 square feet;

b.

One bulletin board limited to 20 square feet; and

c.

Not more than two temporary signs or banners limited to a combined area of 100 square feet in connection with special events, provided that no such sign or banner shall be displayed for a period of more than two weeks.

(2)

In connection with any permitted and publicly owned outdoor athletic field, including soccer, football, baseball, softball, track, or tennis courts: one rectangular shaped scoreboard per athletic field which may contain commercial on-premises or off-premises advertising of no more than the lesser of 50 square feet or 25 percent of the face of the scoreboard including such signage, provided that no such commercial advertising shall contain any internal or external lighting or moving parts and such advertising shall not be located upon the back of such scoreboard. The name of the park, athletic field, or home team shall not be considered signage in calculating permitted area.

(3)

In connection with any public park or school, signs with specific approval of the plan commission recognizing special events, memorials, and recognitions. The size, location, and length of time of display to be determined by the plan commission.

(g)

Off-street parking requirements.

(1)

Churches: One per three fixed seats.

(2)

High schools: One per three students/employees.

(3)

Elementary school, junior high school, day nurseries: One per employee.

(4)

Libraries, exhibits and community centers: One per 350 square feet of floor space.

(5)

Convalescent, children's and nursing homes: One per four beds plus one per employee.

(6)

Hospitals: One per three beds plus one per employee.

(7)

Golf courses: Four per hole.

(8)

Public administrative offices: One per 350 square feet of floor space.

(Ord. No. 14(Ser. of 2008), § 1, 11-19-2008)