(A)   Building and Zoning/Code Enforcement Administrator; duties as related to the Zoning Code. The Administrator is hereby authorized and directed, except as may be provided elsewhere in this zoning chapter, to administer and enforce the provisions of the zoning chapter. Refer to § 151.002 for the duties of the Administrator in relation to the zoning chapter.

   (B)   Right of entry. The Administrator or any duly authorized person, shall have the right to enter upon any premises at any reasonable time prior to and upon completion of the building or other improvements, for the purpose of making inspections to carry out his or her duties in the enforcement of this chapter.

   (C)   Stop order. Whenever any building work is being done, or uses established, altered or otherwise changed in a manner contrary to the provisions of this chapter, the Administrator or other authorized person, may order the work stopped by notice in writing served on any person engaged in doing or causing such work to be done, and any such person shall forthwith stop such work until authorized by the Administrator to proceed.

   (D)   Prosecution. Whenever a violation of this chapter occurs, any person, including the Administrator or any other duly authorized village official or personnel in addition to and not by way of limitation or other remedies available, may file a complaint therefor in the court of appropriate jurisdiction. The Administrator or his or her deputy or assistant may also issue and/or serve a summons, citation, or other process issued by the court of appropriate jurisdiction for any such violation and may prosecute the violator therefor in said court.

   (E)   Permits. There shall be submitted with all applications for building or zoning permits, two copies of a layout or site plan drawn to scale showing the actual dimensions of the lot to be built upon, the exact size and location on the lot of the building and accessory buildings to be erected and such other information as may, be necessary to determine and provide for the enforcement of this chapter.

   (F)   Payment of fee. One copy of such layout or site plan shall be returned when approved by the Administrator, together with such permit to the applicant, upon the payment of a fee of $5.

(`92 Code, § 40-9-1) (Ord. 96-09, passed 8-7-96)

   A violation by any person, corporation or otherwise, whether as principal, agent, employee, or otherwise, of any provisions of this chapter shall be a misdemeanor and will be subject to a fine up to $300 or imprisonment of a period not to exceed 90 days, or both. Each day of the continued violation shall constitute a separate additional violation. If more than one provision is violated, each provision violated shall be considered a separate misdemeanor, and each shall be liable to maximum penalties as herein specified. Nothing herein shall limit any other right or remedy of the village or other person in interest, including the right to obtain an injunction of any violation from a court of competent jurisdiction.

(`92 Code, § 40-10-1) (Ord. 70-1, passed 2-18-70)

 

 

 

 

 

(`92 Code, §40-2-4(B))

   (A)   “A” Agricultural.

      (1)   Permitted uses.

         (a)   All Uses commonly classified as agricultural, horticulture or forestry including crop and tree farming, truck farming, gardening, nursery operation subject to the provisions of § 156.061, dairy farming, livestock raising, animal and poultry breeding and raising, forestry operations together with the operation of machinery or vehicles but not including stockyards, commercial livestock or poultry feeding or agricultural processing plants.

         (b)   One-Family Dwellings.

         (c)   Living Quarters for persons employed in agricultural or related activities that are conducted on the premises.

         (d)   Parking lots subject to § 156.047.

         (e)   Private Clubs, lodges or camps except those whose chief activities are a service customarily carried on as a business.

         (f)   Golf Courses of regulations size, but not including “Par-3” Golf Courses or commercially operated driving ranges or miniature golf courses; and provided that no clubhouse, parking lot or accessory building shall be located nearer than 500 feet to any dwelling unit or another zoning lot.

         (g)   Fishing lakes or clubs provided that no building, parking lot, or other intense use activity is located nearer than 500 feet to any dwelling on another zoning lot.

         (h)   Gun clubs, of located not nearer than 1,000 feet to any residence other than that of the owner or lessee of the site and if not so operated as to withdraw land from its primary agricultural use.

         (i)   Carnivals, circuses and similar temporary transient amusement enterprises.

         (j)   Greenhouses, subject to the provisions of § 156.061.

         (k)   Churches, and other places of worship subject to § 156.050, but not including funeral chapels or mortuary chapels.

         (l)   Schools and colleges for academic instruction subject to § 156.056.

         (m)   Libraries, Museums, art galleries and similar public cultural facilities subject to § 156.054.

         (n)   Cemeteries and mausoleums in conjunction therewith.

         (o)   Essential services subject to §§ 156.054 and 156.055.

         (p)   Public service uses including filtration plants, pump stations, water reservoirs, sewage treatment plant, police and fire stations or other governmental uses subject to §§ 156.054 and 156.055.

         (q)   Railroad right-of-way and trackage, but not including classification yards, terminal facilities or maintenance facilities.

         (r)   Temporary produce stands for the sale of agricultural produce raised on the premises, provided that adequate off-street parking is available and that major traffic congestion or hazards would not be created in conjunction with the location or access thereto.

         (s)   Radio or television transmission towers.

      (2)   Permitted accessory uses.

         (a)   Any accessory use permitted and as regulated in the SR-1 District unless specified as a permitted use.

         (b)   Accessory uses that are clearly supplementary and secondary to the primary use located on the lot.

      (3)   Exceptions.

         (a)   Electrical substations, subject to the provisions of §§ 156.055 and 156.061.

         (b)   Gas regulator stations, subject to the provisions of §§ 156.055 and 156.061.

         (c)   Other public utility distribution facilities, subject to the provisions of §§ 156.055 and 156.061.

      (4)   Supplementary regulations. All uses subject to the applicable provisions of §§ 156.075 et seq.

   (B)   “SR-1” Single family.

      (1)   Permitted uses.

         (a)   Single-family dwellings;

         (b)   Churches and other places of worship, subject to the provisions of § 156.050, but not including funeral chapels or mortuary chapels;

         (c)   Electrical substations (static transformer stations) gas regulation stations, telephone exchange facilities and essential services, subject to the provisions of § 156.055.

         (d)   Growing of plants and trees on a private or commercial basis, provided no retail sales are conducted on the premises subject to the applicable provisions of § 156.061.

         (e)   Municipal uses, facilities and buildings, subject to the provisions of § 156.054.

         (f)   Public, private or parochial schools offering courses of instruction at elementary and secondary levels in accordance with standards for compulsory education, subject to the provisions of § 156.056.

         (g)   Railroad right-of-way, not including switching storage, freight yards, industrial siding,

or classification yards.

      (2)   Permitted accessory uses.

         (a)   Private: Greenhouses; tool sheds; garages or carports; tennis courts; patios; subject to the applicable provisions of §§ 156.061 and 156.090.

         (b)   Private swimming pools, subject to the applicable provisions of § 156.048.

         (c)   Incinerators for home use, provided such are located on the lot so as not to constitute an unreasonable hazard to dwellings and other buildings on the premises or on adjacent property, and located not less than 15 feet from any dwelling on the premises and not less than ten feet from any other building on the premises.

         (d)   Keeping of household pets, provided kennels are not maintained.

         (e)   Parking spaces not for gain in addition to minimum off-street parking, subject to the provisions of § 156.047.

         (f)   Keeping of not more than one unoccupied camp and/or utility trailer, subject to the provisions of § 156.053.

         (g)   Temporary construction sheds and temporary buildings for sale or rental offices or show houses for use during construction operations, provided all other regulations of the district are complied with, that in no case shall such office be continued beyond the duration of construction of the project or one year whichever is greater. However, such time limit may be extended for one year by the board of appeals.

         (h)   Accommodations for professional servants, caretakers, watchmen, or custodians, but not as a separate, detached one-family dwelling on the same lot.

         (i)   Fences, hedges and walls, subject to the provisions of § 156.045.

      (3)   Exceptions. Any exception permitted and as regulated in the “A” District.

      (4)   Special permits. Differential land - Neighborhood park development, subject to §§ 156.115 and 156.116.

      (5)   Supplementary regulations. All uses subject to the applicable provisions of §§ 156.075 et seq.

   (C)   “SR-2” Single-Family.

      (1)   Permitted uses. Any use permitted in the SR-1 District and as regulated in § 156.023(B) Line 3.

      (2)   Permitted accessory uses. Any accessory use permitted and as regulated in the SR-1 District.

      (3)   Exceptions. Any exception permitted and as regulated in the SR-1 District.

      (4)   Supplementary Regulations. All uses subject to the applicable provisions of §§ 156.075 et seq.

   (D)   “MR-1” Two and Three-Family.

      (1)   Permitted uses.

         (a)   Any use permitted in the MR-1 District and as regulated in § 156.023(B) Line 4.

         (b)   Two- and Three-Family dwellings.

      (2)   Permitted accessory uses.

         (a)   Any accessory use permitted and as regulated in the MR-1 District.

         (b)   Accommodations for one boarder or roomer.

      (3)   Exceptions. Any exception permitted and as regulated in the MR-1 District.

      (4)   Supplementary regulations. All uses subject to the applicable provisions of §§ 156.075 et seq.

   (E)   “MR-2” Multi-Family.

      (1)   Permitted uses.

         (a)   Any use permitted in the MR-2 District and as regulated in § 156.023(B) Line 5.

         (b)   Multi-family dwellings.

         (c)   Boarding and Rooming houses.

         (d)   Dormitories or group living facilities for religious, educational or charitable purposes.

         (e)   Nursing and retirement homes, subject to the provisions of § 156.058.

         (f)   Nursery schools and orphanages, subject to the provisions of § 156.060.

         (g)   Hospitals and Sanitariums subject to the provisions of §§ 156.054 and 156.059.

      (2)   Permitted accessory uses. Any accessory use permitted and as regulated in the MR-2 District.

      (3)   Exceptions. Any exception permitted and as regulated in the MR-2 District.

      (4)   Special permits. Planned Multi-family developments subject to the applicable provisions of §§ 156.115 and 156.116.

   (F)   “B-1” Community Business.

      (1)   Permitted uses.

         (a)   Any use permitted and regulated in § 156.023(B) Line 8.

         (b)   Places used for the retailing of those commodities which may be classified as “Convenience Goods”, “Durable Goods”, and “Fashion Goods” as follows:

            1.   Apparel stores and shops;

            2.   Bakery shop, including the baking and processing of food products for products for retail sales on the premises only;

            3.   Candy and ice cream shops;

            4.   Commercial institutions, such as banks, savings and loan associations;

            5.   Drug stores;

            6.   Food stores, including supermarkets, delicatessens, dairy products, meat markets, health foods;

            7.   Furniture, home furnishing and appliance stores;

            8.   Hardware stores; and

            9.   Hobby shops.

         (c)   Personal service shops, including barber and beauty shops, shoe repair shops, laundries, self-service laundries, dry-cleaning stores, travel agencies, photographers, tailoring.

         (d)   Pet shops, but not including animal hospitals.

         (e)   Second-hand stores and rummage shops.

         (f)   Taverns.

         (g)   Places of amusement or recreation such as theaters, auditoriums or bowling alleys.

         (h)   Plumbing, heating and air conditioning sales.

         (i)   Variety shops.

         (j)   Other stores and shops, including gift and card shops, leather and luggage, tobacco and news, camera shops, sporting foods, garden shops, antique shops.

         (k)   General office buildings.

         (l)   Medical and dental clinics and centers.

         (m)   Professional and service offices.

         (n)   Hotels, motels and apartment hotels.

         (o)   Funeral chapels, mortuary chapels and ambulance service.

         (p)   Membership clubs and public or charitable institutions not for correctional purposes.

         (q)   Post office or postal substations.

         (r)   Libraries or museums, providing that all principal buildings are located at least 25 feet from all property lines.

         (s)   Art galleries and studios.

         (t)   Meeting halls; and

         (u)   Radio and TV broadcasting stations.

         (v)   Providing that all such uses listed in this division shall be within entirely enclosed building; and provided further that all service and consumption of food in connection therewith shall be within an entirely enclosed building or at tables within an area visually screened from all public circulation ways by a hedge, fence or wall at least six feet in height; and that the outside service area shall not be greater than 50% of the inside service area.

         (w)   Preparation and manufacture of goods or products for retail sales on the premises only, provided that such manufacture process or treatment shall be clearly incidental and essential to the retail business conducted on the premises and further provided that not more than five persons (exclusive of manager) shall be engaged in said manufacture, processing, or treatment of products and that all such operations create no undue noise, odor, dust, smoke, vibrations or other similar nuisance.

         (x)   Sale of new automobiles and/or new automobile accessories and parts.

         (y)   Bus terminal and other public transportation terminal facilities for passengers.

         (z)   Parking lots and parking garages subject to the applicable provisions of § 156.047.

         (aa)   Gasoline service stations subject to the applicable provisions of § 156.052.

      (2)   Permitted accessory uses.

         (a)   Commercial greenhouses, subject to the provisions of § 156.061.

         (b)   Storage of merchandise or inventory usually carried in stock; provided that such storage shall be located on the lot with the retail, service or commercial use and shall be within a completely enclosed building.

         (c)   Service garage, only if in conjunction with an accessory and incidental to the sale of new automobiles.

         (d)   Accommodations for caretakers, watchmen or custodians.

      (3)   Exceptions. Any exception permitted and as regulated in the MR-1 District.

      (4)   Special permits.

         (a)   Planned multi-family developments subject to the applicable provisions of §§ 156.115 and 156.116. Planned business centers subject to the applicable provisions of § 156.115 and 156.117.

         (b)   Other planned building developments subject to the applicable provisions of §§ 156.115 and 156.118.

      (5)   Supplementary regulations. All uses subject to the applicable provisions of §§ 156.075 et seq.

   (G)   “B-2” General Business.

      (1)   Permitted uses.

         (a)   Any use permitted and as regulated in the B-1 Community Business District, except, as provided in line 14 of § 156.023(B) and further provided that the following uses shall not be permitted: dwellings; boarding and rooming houses; dormitories; fraternity and sorority houses; apartment hotels; mobile homes or mobile home parks; and any uses for living quarters not specifically provided for in the portion of this section entitled “Permitted Accessory Uses.”

         (b)   Places of amusement and recreation, including amusement parks, drive-in theaters, subject to the provisions of § 156.057.

         (c)   Automobile and/or agricultural implement sales, repair and service.

         (d)   Air conditioning equipment, custom fabrication and installation.

         (e)   Animal hospitals when conducted entirely within an enclosed building.

         (f)   Beverages, bottling.

         (g)   Bicycle repair and/or sales.

         (h)   Boat sales and service.

         (i)   Book publishing, printing.

         (j)   Business machines, repair and service storage and wholesale.

         (k)   Candy, wholesale distribution.

         (l)   Carpenters’ shops and power woodworking.

         (m)   Carpet and rug cleaners and storage.

         (n)   Cement products, wholesale (pipe, blocks, and the like).

         (o)   Cleaning and dyeing processing.

         (p)   Cold storage.

         (q)   Contractors, equipment and material storage.

         (r)   Dairies, distributing and pasteurization.

         (s)   Decoration, workshop and equipment yards.

         (t)   Display, designers and builders’ shops.

         (u)   Drive-in restaurants.

         (v)   Dry cleaning establishment, bulk processing.

         (w)   Electric equipment, assembly and repair.

         (x)   Express companies, warehouses.

         (y)   Feed and seed stores.

         (z)   Food products, brokers, distributors and warehousing.

         (aa)   Furniture, repairing and refinishing.

         (bb)   Locksmiths’ repair shops.

         (cc)   Machine and equipment rental service.

         (dd)   Newspaper printing.

         (ee)   Photo-engraving company.

         (ff)   Roofing materials, storage and sales.

         (gg)   Sales of auto parts.

         (hh)   Storage of automobiles.

         (ii)   Storage yards, bulk material.

         (jj)   Surgical supplies, wholesale distributors.

         (kk)   Tents and awning manufacture.

         (ll)   Mobile home sales.

         (mm)   Warehouses.

         (nn)   Water softening equipment, service and repairs.

         (oo)   Weighers, commercial.

         (pp)   Welding, equipment and supplies, storage.

         (qq)   Provided that neither junk yards, the dismantling of vehicles or the storage of dismantled vehicles, petroleum bulk plants, or outside storage of inflammable liquids or explosives, shall be permitted in this District; and provided further that adequate safeguards (structural, mechanical and locational) shall be provided to protect adjoining properties from the effects of noisome or injurious substances, conditioning and operations as defined in § 156.085.

      (2)   Permitted accessory uses.

         (a)   Any accessory use permitted and as regulated in the B-1 District.

         (b)   Commercial greenhouses.

         (c)   Storage of merchandise or inventory usually carried in stock, provided that all outdoor storage shall be completely congealed by a fence at least six feet in height.

      (3)   Exceptions. Any exception permitted and as regulated in the B-1 District.

      (4)   Special permits.

         (a)   Planned business centers, subject to the applicable provisions of §§ 156.115 and 156.117.

         (b)   Other planned developments, subject to the applicable provisions of §§ 156.115 and 156.118.

      (5)   Supplementary regulations. All uses subject to the applicable provisions of §§ 156.075 et seq.

   (H)   “PD-R Planned” Development Residential. See § 156.115.

   (I)   “PD-B” Planned Development Business. See § 156.115.

(`92 Code, § 40-2-5(D)) (Am. Ord. 2004-26, passed 7-7-04)