For the purpose of this chapter, all land and water areas within the corporate area of the village are divided into the following zones:

(1)

Agricultural Zone (VA-1). The agricultural zone is established as a zone in which agriculture and certain related uses are encouraged as the principal uses of land. The specific intent of the agricultural zone is to facilitate the long-term use of lands best suited to agricultural production by preventing a mixture of urban and rural uses which often create incompatibilities and conflicts with agricultural pursuits, which place unbalanced tax loads on agricultural lands, and which may result in speculative or inflated land values which encourage the premature termination of agricultural pursuits.

(2)

Conservation Zone (VC-1). The conservation zone is established to prevent the construction upon or alteration of rural or natural environments which have natural conditions of soil, slope, susceptibility to flooding or erosion, geological condition, vegetation, or an interaction between the aforesaid, which make such lands unsuitable for urban development. Further, this zone is established to protect areas of the environment that, if altered, would cause health or pollution problems and environmental deterioration. The conservation zone will also ensure adequate areas for future conservation and recreational pursuits. Certain agricultural uses would be permitted.

(3)

The Estate Residential Zone (VRE-1). The estate residential zone is established as a low-density residential zone for families who wish the privacy of large lot subdivisions. The zone is mainly designed, however, for developments in areas which, because of their proximity to other area developments or appealing natural landscapes, are in demand for residential use, but where conditions of slope, soil, vegetation, drainage, or geological features, or an interrelationship between the aforementioned conditions makes the area in whole or part unsuited for high density development. For this reason, the granting of the VRE-1 Zone must be conditioned upon a combined zoning and subdivision process; specially imposed lot sizes of not less than one nor more than three acres; and special setback and yard requirements which would allow re-subdivision when public utilities reach the site (authorized density equals one to three acres per unit, depending on site conditions).

(4)

The Suburban Residential Zone (VR-1). The suburban residential zone is provided for low-density developments, especially in areas which are suitable for development, but which must be serviced by individual wells and septic disposal systems because of the lack of readily accessible community facilities. Again, the exact zoning density must relate to the availability of groundwater, suitability of soil, slope, and other features (authorized density equals one to two units per acre, depending on site conditions).

(5)

Urban Residential Zone (VR-2). The urban residential zone is established to provide medium-low density developments and must have community water and sewer utilities or their equivalent readily available (authorized density equals two to three units per acre, depending on site conditions).

(6)

The Urban Residential Zone (VR-3). The urban residential zone is established to provide medium density development in areas where water and sewer utilities are readily available, and where municipal services are available to handle necessary police, recreation, education, and fire protection needs. The classification of land as an urban residential zone must depend on adequate municipal services, including streets, water, and sewer facilities (authorized density equals three to five units per acre, depending on site conditions).

(7)

The Mixed Residential Zone (VR-5). The mixed residential zone is established to provide a variety of housing types related to the size and character of the development site or lot. This zone can be used for older neighborhoods to allow transition of larger houses from owner to rental occupied without creating over-crowding or detrimental conditions to the neighborhood's environment, and to allow economical new construction in such neighborhoods as well as new areas suited to low-density multifamily development. The adequate municipal services, including streets, water, and sewer facilities (authorized density equals five to eight units per acre, depending on site conditions.)

(8)

Apartment Zone (VO-1).

a.

The apartment zone is provided for the development of higher density apartment complexes. This zone is a rather low commercial classification with restrictions that make it compatible as a buffer or peripheral use to residential zones. Because of the intensity of use anticipated in an apartment zone, such zones must be located on higher classified streets (collector or major streets) and must be supplied with adequate water and sewer facilities (authorized residential densities equals eight to 15 units per acre).

b.

All development of parcels of ground which propose two or more principal structures erected on one tract of ground or the development of tracts which are designed for more than one occupant or require the construction of village utilities or dedication of easements of right-of-way must submit a site development plan as provided in article IX of this chapter and in accordance with the village building code.

(9)

Office Zone (VO-2).

a.

The office zone is provided explicitly for the development of offices and office complexes. This zone is considered a rather low commercial classification with restrictions that make it compatible as a buffer peripheral use to residential zones. Because of the intensity of use anticipated in an office zone, these zones must be located on higher classified streets (collector major streets) and must be supplied with adequate water and sewer facilities.

b.

All development of parcels of ground which propose two or more principal structures erected on one tract of ground or the development of tracts which are designed for more than one occupant or require the construction of village utilities or dedication of easements or right-of-way must submit a site development plan as provided in sections 119-328 through 119-337 and in accordance with the village building code.

(10)

The Neighborhood Business Zone (VB-1).

a.

The neighborhood business zone is established to provide areas in which the principal use of the land is for restricted retail establishments offering goods and services for the day-to-day needs of the nearby residential areas. This zone must be restrictive to provide protection to and compatibility with nearby residential districts. The neighborhood business zone should be located on a collector street and must be serviced by adequate water and sewer facilities.

b.

All development of parcels of ground which propose two or more principal structures erected on one tract of ground or the development of tracts which are designed for more than one occupant or require the construction of village utilities or dedication of easements or right-of-way must submit a site development plan as provided in sections 119-328 through 119-337 and in accordance with the village building code.

(11)

The Community Business Zone (VB-2).

a.

The community business zone is established to provide areas for the general community-wide commercial needs of the village, and is a zone in which office, general commercial, dwelling units above the first floor, and wholesale trades are located. No community business zoning shall be granted to any parcel of land or several parcels of land held in the same or joint ownership of five acres or more, unless the petition is submitted in accordance with the planned unit development procedure, article IX of this chapter. The community business zone, because of the intensity of use, is generally associated with major street intersections, large size water, storm and sanitary utilities, as well as governmental centers and public parking areas.

b.

All development of parcels of ground which propose two or more principal structures erected on one tract of ground or the development of tracts which are designed for more than one occupant or require the construction of village utilities or dedication of easements or right-of-way must submit a site development plan as provided in article IX of this chapter and in accordance with the village building code.

(12)

Highway Commercial Zone (VB-3).

a.

The highway commercial zone is created to provide locations for businesses that cater specifically to the needs of the motorist. The highway commercial zone must be located on major streets and highways. Because of its intensity of use and potential hazard that unrestricted highway developments create for safe and convenient traffic flow, this zone will be restricted by access control regulations of the village. It should be noted that apartments and other residential uses, other than motels, hotels, and similar transient facilities, shall be excluded from this zone.

b.

All development of parcels of ground which propose two or more principal structures erected on one tract of ground or the development of tracts which are designed for more than one occupant or require the construction of village utilities or dedication of easements or right-of-way must submit a site development plan as provided in article IX of this chapter and in accordance with the village building code.

(13)

Limited Industrial Zone (VM-1).

a.

1.

The limited industrial zone is created to provide areas in which light industrial uses, office, research, administrative uses, limited warehousing, wholesaling, and other similar uses may locate. This zone shall be located so as to be as compatible as possible with surrounding districts. No VM-1 Zone shall be established on any parcel of land or parcels of land held in single or joint ownership totaling 50 acres or more in size, which is intended for further subdivision or division, unless submitted in accordance with the industrial planned unit development procedures contained in article IX of this chapter.

2.

All development of parcels of ground which propose two or more principal structures erected on one tract of ground or the development of tracts which are designed for more than one occupant or require the construction of village utilities or dedication of easements or right-of-way must submit a site development plan as provided in article IX of this chapter and in accordance with the village building code.

b.

No living quarters except those expressly designed for caretakers or watchmen shall be allowed.

(14)

General Industrial Zone (VM-2). The general industrial zone is established to provide areas for manufacturing and related commercial uses which by their very nature cannot be operated at the same high-performance standards as those in the limited industrial zones. Generally, industrial zones should not be located next to residential areas. All industrial areas will be required to meet certain minimum standards in relationship to the emission of noise, odor, smoke, vibration, and pollution, or other hazards they may create. No VM-2 Zone shall be established on any parcel of land held in single or joint ownership totaling 50 acres or more in size, which is intended for further subdivision, unless submitted in accordance with the industrial planned unit development procedures contained in article IX of this chapter. All development of parcels of ground which propose two or more principal structures erected on one tract of ground or the development of tracts which are designed for more than one occupant or require the construction of village utilities or dedication of easements or right-of-way must submit a site development plan as provided in article IX of this chapter and in accordance with the village building code.

(Code 2007, § 150.030; Ord. No. 1979-80-19, 2-4-1980)

The boundaries of the districts listed in section 119-142 are shown on the zoning districts map. The original of the map is properly attested and on file with the village clerk, and the map and all information shown thereon shall have the same force and effect as if fully set forth or described herein. From time to time, the planning commission and board of trustees shall also establish by ordinance a long range master land use plan showing planned or intended changes in the zoning districts map.

(Code 2007, § 150.040; Ord. No. 1972-73-8, 11-6-1972; Ord. No. 1979-80-19, 2-4-1980; Ord. No. 1985-86-21, 8-5-1985)

All territories which may hereafter be annexed to the village shall be automatically classified as VA-1 Agricultural Zone, unless the land is shown in the officially adopted advisory map of outlying lands and lots. If a parcel of land is shown on this map, it may be brought into the village with the zoning classification shown on the official advisory map of outlying lands and lots. The advisory map of outlying lands and lots is properly attested and on file with the village clerk, and the map and all of the information shown thereon shall have the same force and effect as if fully set forth or described herein.

(Code 2007, § 150.041; Ord. No. 1972-73-8, 11-6-1972; Ord. No. 1978-79-31, 2-6-1978; Ord. No. 1979-80-19, 2-4-1980)

Whenever any street, alley, or other public way is vacated, the zoning district adjoining each side of each street, alley, or public way shall be automatically extended to the center of the vacated area; and all areas included in the vacation shall then and henceforth be subject to all appropriate regulations of the extended districts.

(Code 2007, § 150.042; Ord. No. 1972-73-8, 11-6-1972; Ord. No. 1979-80-19, 2-4-1980)

When uncertainty exists with respect to the boundaries of the various districts as shown on the zoning district map, the following rules shall apply:

(1)

District boundary lines are either the centerlines of railroads, highways, streets, alleys, easements, lot and tract lines, or such lines extended, unless otherwise indicated.

(2)

Wherever a district is indicated as a strip adjacent to and paralleling a railroad, highway, or street, the depth of the strips shall be in accordance with the dimensions shown on the zoning map measured at right angles from the centerline of a railroad, street, or highway, and the length of frontage shall be in accordance with the dimensions shown on the zoning map measured along the centerline of the railroad, highway, or street, unless otherwise indicated.

(3)

Where a district boundary line divides a lot in single ownership, the regulations for either portion of the lot may, at the owner's discretion, extend to the entire lot, but not more than 25 feet beyond the boundary line of the district.

(Code 2007, § 150.043; Ord. No. 1972-73-8, 11-6-1972; Ord. No. 1979-80-19, 2-4-1980)

(a)

Except as provided in section 119-148, no building, structure, or parcel of land shall be used for any purpose other than those permitted in the specific zone in which the building, structure, or parcel of land is located.

(b)

No person shall park, store or occupy a mobile home for living purposes except in a village approved mobile home park. A mobile home shall not be used for storage in any of the village. A mobile home may be used as a temporary office for a construction project.

(c)

It is prohibited within the boundaries of the village to locate or operate an adult entertainment facility within 1,500 feet of the property boundaries of any residential use area, single-family dwelling, two-family dwelling, multifamily dwelling or public housing facility. It is prohibited within the boundaries of the village to locate an adult entertainment facility within 1,500 feet of the property boundaries of any public school, private school, day care center, public park, adult entertainment facility, tavern or place of religious worship.

(Code 2007, § 150.050; Ord. No. 1972-73-8, 11-6-1972; Ord. No. 1979-80-19, 2-4-1980; Ord. No. 1991-92-14; Ord. No. 2011-2012-8, § 2, 8-15-2011)

The following are the instances where the regulations in section 119-180 are superseded:

(1)

Unusual uses or temporary uses are permitted either as special uses listed in section 119-180 or as granted under the other provisions related to special use permits or temporary use permits but only as provided for in sections 119-298 through 119-302.

(2)

Modifications to the general zone regulations may be granted for large areas when replaced by site plans in the form of a planned development, but only in accordance with the provisions as set forth in article IX of this chapter.

(3)

Legally nonconforming uses are exempt from the strict interpretation of the general use regulations, but only as long as the nonconformity is not enlarged or expanded, and provided it is operated in accordance with the provisions of article II, division 4 of this chapter.

(4)

The type or location of any poles, towers, wires, cables, conduits, vaults, laterals, or any other similar distributing equipment of a public utility as defined in S.H.A. Ch. 111-2/3, section 10.3, is exempt from local zoning regulations.

(Code 2007, § 150.051; Ord. No. 1972-73-8, 11-6-1972; Ord. No. 1979-80-19, 2-4-1980)