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Oxford City Zoning Code

DIVISION 6

DISTRICTS

Sec. 50-377. - Established.

(a)

For the purpose of this article, the village is divided into districts. These districts are:

(1)

Single-family residential district.

(2)

Two-family residential district.

(3)

Multifamily residential district.

(4)

Local business district.

(5)

Downtown commercial district.

(6)

Manufacturing district.

(7)

Conservation and open space district.

(b)

Boundaries of these districts are established as shown on the maps entitled "Zoning Map—Village of Oxford, Wisconsin," on file in the clerk-treasurer's office, which maps accompany and are herein made a part of this article. All notations and references shown on the maps are as much a part of this article as though specifically described in this section. This article incorporates herein any future changes or any later zoning maps that may be adopted by ordinance of the village board.

(c)

The district boundaries in all districts shall be construed to follow: corporate limits; U.S. Public Land Survey lines; lot or property lines; centerlines of streets, highways, alleys, easements, and railroad rights-of-way or such lines extended. Where the district boundary is parallel to corporate limits, the centerline or right-of-way of a street, or the centerline or right-of-way of a railway, the district boundary shall be determined by the dimension noted on the zoning map, or where said dimension is not noted, by the scale contained on the zoning map.

(d)

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

(e)

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 single-family residential district, unless the annexation ordinance temporarily or permanently places the land in another district. Within one year, the village planning and zoning committee shall recommend to the village board the replacement any temporary zoning with a permanent zoning classification, with such recommendation to be acted on within this one-year period by the village board.

(Ord. No. 2008-1, § 46-621, 8-6-2008)

Sec. 50-378. - Zoning map.

A certified copy of the zoning map shall be adopted and approved with the text as part of this article and shall bear upon its face the attestation of the president and the village clerk-treasurer and shall be available to the public in the office of the village clerk-treasurer. Changes, thereafter, to the general zoning districts shall not become effective until after public hearing and approval by the village board and the attestation to same by the village president and the clerk-treasurer on the certified map copy.

(Ord. No. 2008-1, § 46-622, 8-6-2008)

Sec. 50-379. - R-1 Single-Family Residential District.

(a)

Intent. The R-1 residential district is intended to provide for single-family residential development at densities not to exceed 3.6 dwelling units per acre, and is intended to be consistent with the comprehensive plan.

(b)

Permitted principal uses. Permitted uses in the R-1 district are as follows:

(1)

Single-family dwellings, provided there is parking of automobiles, boats, motor homes or similar objects in the front of such dwelling which faces the public street.

(2)

Licensed community and other living arrangements which have a capacity for eight or fewer persons, subject to the limitations set forth in Wis. Stats. § 62.23(7)(i).

(3)

Licensed foster family homes subject to the regulations set forth in Wis. Stats. § 48.62.

(4)

Licensed family day care homes subject to the regulations set forth in Wis. Stats. § 48.65.

(5)

Essential services.

(6)

Schools and places of worship.

(7)

Cemeteries.

(c)

Permitted accessory uses. Permitted accessory uses in the R-1 district are as follows:

(1)

Private garages and carports, provided there are no parking space(s) in the front of the dwelling.

(2)

Gardening, tool, and storage sheds incidental to the residential use.

(3)

Ground-mounted and building-mounted earth station dish and terrestrial antennas.

(4)

Home occupations and professional home offices.

(5)

Private swimming pools.

(6)

Private tennis courts.

(7)

Solar collectors attached to the principal structure.

(8)

Any other usual and customary uses accessory to the above permitted uses as determined by the zoning administrator or designee.

(9)

On-premises signs, except that electronic messaging centers (EMC) signs displaying other than time and temperature are prohibited.

(d)

Conditional uses. Conditional uses in the R-1 district are as follows:

(1)

Bed and breakfast establishments.

(2)

Licensed community and other living arrangements which have a capacity of at least nine, but no more than 20 persons.

(3)

Private parks and playgrounds.

(4)

Utility substations, municipal wells, pumping stations, and towers, provided that the use is not less than 50 feet from any side or rear lot line.

(5)

Solar energy collectors erected as an accessory structure.

(6)

Utilities requiring a building.

(7)

Co-housing units for the temporary accommodation of a parent, child, or grandparent of the principal dwelling resident.

(e)

Lot area and width. Lot areas and widths in the R-1 district are as follows: Lots shall be a minimum of 12,000 square feet in area and shall have a lot width of not less than 100 feet, and depth of not less than 120 feet.

(f)

Building height and area standards. Building height and area standards in the R-1 district are as follows:

(1)

No principal residential building or part of a principal building shall exceed 35 feet in height. No accessory building shall exceed 17 feet in height.

(2)

The total minimum living area of a principal residential building shall be 864 square feet.

(3)

The minimum first floor living area of a bi-level or two-story dwelling shall be 675 square feet.

(4)

A tri-level dwelling shall have a minimum living area of 350 square feet per level.

(5)

The sum total of the floor area on all floors of the principal residential building and all accessory buildings shall not exceed 50 percent of the lot area.

(6)

All principal residential dwellings, excluding attached garages, shall have a minimum width of 24 feet for the main body of the house.

(7)

All principal residential buildings shall have a roof with a minimum pitch of four inches of vertical rise per foot of horizontal run.

(8)

All principal residential buildings shall have a minimum roof overhang of three inches measured from the vertical sides of the structure.

(9)

The exterior walls of all principal residential buildings shall be covered by either wood, wood shakes, vinyl, steel or aluminum beveled siding, brick, stone or other masonry-type veneer materials, stucco, fiber cement or other similar materials.

(10)

All principal residential buildings shall be placed on, and be attached to, a permanently enclosed foundation in accordance with the standards set forth in Wis. Stats. § 70.043(1) and Wis. Admin. Code ch. SPS 21.

(11)

All residential structures, regardless of shape, shall have a functional entrance, doorway, and walkway in the street front of the structure.

(g)

Setbacks. Setbacks in the R-1 district are as follows:

(1)

There shall be a minimum front setback of 25 feet from the lot line.

(2)

Side setbacks for all principal residential buildings shall be not less than ten feet; and where a side entry garage exists, the setback shall be not less than 27 feet in width on that side of the building.

(3)

There shall be a rear setback of not less than 25 feet.

(4)

Accessory buildings and structures shall be provided with a rear and side setback in accord with section 50-444.

(Ord. No. 2008-1, § 46-623, 8-6-2008)

Sec. 50-380. - R-2 Two-Family Residential District.

(a)

Intent. The R-2 residential district is intended to provide for two-family residential development at densities not exceeding six dwelling units per net acre if in two-family structures, or three single-family dwelling units per net acre.

(b)

Permitted principal uses. Permitted uses in the R-2 district are as follows:

(1)

Single-family dwellings, provided there are no parking spaces in the front of the dwelling.

(2)

Two-family dwellings, provided there are no parking spaces in the front of the dwelling.

(3)

Permitted uses in the R-1 single-family residential district.

(c)

Permitted accessory uses. Permitted accessory uses in the R-2 district are as follows: All permitted accessory uses in the R-1 single-family residential district.

(d)

Conditional uses. Conditional uses in the R-2 district are as follows: All conditional uses in the R-1 single-family residential district, except bed and breakfast establishments.

(e)

Lot area and width. Lot areas and widths in the R-2 district are as follows: Lots shall be a minimum of 14,520 square feet in area and shall have a lot width of not less than 100 feet. Corner lots shall have a lot width of not less than 110 feet.

(f)

Building height and area. Building height and area standards in the R-2 district are as follows:

(1)

No principal building or part of a principal building shall exceed 35 feet in height. No accessory building shall exceed 17 feet in height.

(2)

The total minimum floor area of a two-family building shall be 2,000 square feet with a basement and 2,400 square feet without a basement. The smaller of the units, however, shall not be less than 850 square feet.

(3)

The minimum first floor area of a two-family building having more than one story shall be 1,000 square feet.

(4)

The total minimum floor area of a single-family building shall be 980 square feet with a basement and 1,180 without a basement.

(5)

The minimum first floor area of a single-family building having more than one story shall be 780 square feet.

(6)

The sum total of the floor area on all floors of the principal building and all accessory buildings shall not exceed 50 percent of the lot area.

(7)

All residential structures, regardless of shape, shall have a functional entrance, doorway, and walkway on the street front of the structure.

(g)

Setbacks. Setbacks in the R-2 district are as follows:

(1)

There shall be a minimum front setback of 30 feet from the lot line.

(2)

There shall be a side setback on each side of all principal residential buildings of not less than ten feet in width; and where a side entry garage exists, the setback shall be not less than 27 feet in width on that side of the building.

(3)

There shall be a rear setback of not less than 30 feet.

(4)

Accessory buildings and structures shall be provided with a rear and side setback in accordance with section 50-444.

(Ord. No. 2008-1, § 46-624, 8-6-2008)

Sec. 50-381. - R-3 Multifamily Residential District.

(a)

Intent. The R-3 residential district is intended to provide for multifamily residential development at densities ranging from five to 14.5 dwelling units per net acre. The permitted density of a project with a mix of efficiency, one-bedroom, two-bedroom, three-bedroom and four-bedroom dwelling units shall be calculated based on the proportionate share of each dwelling unit type. This district is intended to be consistent with the comprehensive plan.

(b)

Permitted principal uses. Permitted uses in the R-3 district are as follows:

(1)

Two-family dwellings.

(2)

Multifamily dwellings not to exceed four dwelling units per structure.

(3)

Permitted uses in the R-2 district.

(c)

Permitted accessory uses. Permitted accessory uses in the R-3 district are as follows: Permitted accessory uses of the R-2 district.

(d)

Conditional uses. Conditional uses in the R-3 district are as follows:

(1)

Multiple-family dwellings in excess of four dwelling units per structure.

(2)

Licensed community and other living arrangements which have a capacity of 16 or more persons.

(3)

Housing for the elderly, provided that the density of such housing shall not exceed 27 units per acre and shall meet the minimum per unit building area specified below.

(4)

Rest homes, nursing homes, clinics, and children's nurseries, provided that all principal structures are not closer than 50 feet to any side or rear lot line.

(5)

Private parks and playgrounds.

(6)

Utility substations, municipal wells, pumping stations, and towers, provided that the use is not less than 50 feet from any side or rear lot line.

(7)

Solar energy collectors erected as an accessory structure.

(8)

Any other usual and customary uses accessory to the above permitted uses as determined by the zoning administrator or designee.

(e)

Lot area and width. Lot areas and widths in the R-3 district are as follows:

(1)

Lots shall be a minimum of 15,000 square feet in area, and no dwelling unit shall have a lot area of less than the following:

a.

Efficiency and one-bedroom apartments: 3,000 square feet per dwelling unit.

b.

Two-bedroom apartments: 4,500 square feet per dwelling unit.

c.

Three-bedroom apartments: 6,000 square feet per dwelling unit.

d.

Four-bedroom or larger apartments: 8,700 square feet per dwelling unit.

(2)

Lots shall have a lot width of not less than 100 feet. Corner lots shall have a lot width of not less than 110 feet.

(f)

Building height and area. Building height and area standards in the R-3 district are as follows:

(1)

No principal building or part of a principal building shall exceed 50 feet in height, provided that the building is limited to a maximum of three habitable stories. No accessory building shall exceed 17 feet in height.

(2)

The total minimum floor area of a principal building shall be as follows:

a.

Efficiency dwelling unit: 350 square feet per dwelling unit.

b.

One-bedroom dwelling unit: 500 square feet per dwelling unit.

c.

Two-bedroom dwelling unit: 700 square feet per dwelling unit.

d.

Three-bedroom dwelling unit: 1,000 square feet per dwelling unit.

e.

Four-bedroom or larger dwelling unit: 1,300 square feet per dwelling unit.

(3)

The sum total of the floor area on all floors of the principal building and all accessory buildings shall not exceed 50 percent of the lot area.

(4)

All residential structures, regardless of shape, shall have a functional entrance, doorway, and walkway on the street front of the structure.

(g)

Setbacks. Setbacks in the R-3 district are as follows:

(1)

There shall be a minimum front setback of 30 feet from the lot line.

(2)

There shall be a side setback on each side of all principal buildings of not less than ten feet in width. No multifamily residential structure shall be located closer than 50 feet to a single-family district line.

(3)

There shall be a rear setback of not less than 25 feet.

(4)

Accessory buildings and structures shall be provided with a rear and side setback in accordance with section 50-444.

(h)

Unit densities. Unit densities in the R-3 district are as follows:

(1)

For projects with all buildings in the project designed to be within the same parcel of land or zoning lot, and under the same ownership:

a.

Efficiency and one-bedroom units: 18.2 dwelling units per net acre.

b.

Two-bedroom units: 14.5 dwelling units per net acre.

c.

Three-bedroom units: 9.7 dwelling units per net acre.

d.

Four or more bedroom units: 7.3 dwelling units per net acre.

(2)

For projects with all buildings in the project designed to be located on individual lots and under separate and different ownership:

a.

Efficiency and one-bedroom units: 14.5 dwelling units per net acre.

b.

Two-bedroom units: 9.7 dwelling units per net acre.

c.

Three-bedroom units: 7.3 dwelling units per net acre.

d.

Four or more bedroom units: 5.0 dwelling units per net acre.

(Ord. No. 2008-1, § 46-625, 8-6-2008)

Sec. 50-382. - B-1 Local Business District.

(a)

Intent. The B-1 Local Business District is intended to provide for individual or small groups of retail and customer service establishments serving primarily the convenience of the entire community, and for which the character, appearance, and operation are compatible with the character of the surrounding area. The B-1 district is intended to be consistent with the comprehensive plan.

(b)

Permitted principal uses. The following are permitted uses in the B-1 district, provided that there is no outdoor storage of merchandise:

(1)

Antique/art.

(2)

Bakeries.

(3)

Barbershop/beauty shop.

(4)

Business office/professional.

(5)

Gifts/variety stores.

(6)

Craft/hobby.

(7)

Day care.

(8)

Dressmaking/tailor/clothing.

(9)

Drugstore/soda fountain/ice cream stores.

(10)

Electronic stores.

(11)

Engine repair.

(12)

Equipment sales.

(13)

Feed/fertilizer stores.

(14)

Financial institutions.

(15)

Florists.

(16)

Food/grocery/meat market.

(17)

Hardware store.

(18)

Laundry/cleaning.

(19)

Liquor store.

(20)

Lumber company.

(21)

Manufactured homes.

(22)

Medical clinics.

(23)

Motel/hotel.

(24)

Music stores.

(25)

Photo supply.

(26)

Physical fitness establishments.

(27)

Printing.

(28)

Restaurant.

(29)

Taverns/cocktail lounges.

(30)

Travel agencies.

(31)

Video store.

(c)

Permitted accessory uses. Permitted accessory uses in the B-1 district are as follows:

(1)

Garages used for storage of vehicles used in conjunction with the operation of the business.

(2)

Off-street parking and loading areas.

(3)

Residential quarters for the owner, not exceeding the floor area used for business purposes, and located on a ground or non-ground level in the same building as the business, and provided that there shall be a minimum lot area and floor area as provided below.

Minimum Lot Area
per Dwelling Unit
(square feet)
Minimum Living Area
per Dwelling Unit
(square feet)
Efficiency unit 2,400 350
1-bedroom 2,400 500
2-bedroom or larger unit 3,000 700

 

The minimum lot area required per dwelling unit shall be in addition to the land area required to meet the building area, setback, and parking and loading area requirements for permitted business uses.

(4)

Ground-mounted and building-mounted earth station dish and terrestrial antennas.

(5)

Solar collectors attached to the principal structure.

(6)

Essential services.

(d)

Conditional uses. Conditional uses in the B-1 district are as follows:

(1)

Drive-in and drive-through facilities. No drive-in restaurant shall sell or dispense alcoholic beverages.

(2)

Funeral homes, provided that all principal uses and structures are not less than 25 feet from any side or rear lot line.

(3)

Gasoline service stations and related convenience stores, provided that all gas pumps are set back at least 25 feet from the street right-of-way and are not closer than 25 feet to a side or rear lot line. Service station canopies shall be located not closer than 20 feet to a street right-of-way or side or rear lot line or no closer than 50 feet from any residential district boundary line.

(4)

Group day care centers.

(5)

Temporary uses.

(6)

Utility uses, including utility substations, municipal wells, pumping stations, and towers, provided that the use is not less than 50 feet from any lot line.

(7)

Solar energy collectors erected as an accessory structure.

(8)

Places of worship and schools.

(9)

Campgrounds.

(e)

Lot area and width. Lot area and width provisions in the B-1 district are as follows.

(f)

Building height and area. Building height and area standards in the B-1 district are as follows:

(1)

No principal building or parts of a principal building shall exceed 35 feet in height. No accessory building shall exceed 17 feet in height.

(2)

The maximum building floor area shall be 15,000 square feet.

(3)

The sum total of the floor area on all floors of the principal building and all accessory buildings shall not exceed 40 percent of the lot area.

(g)

Setback and yards. Setbacks and yard requirements in the B-1 district are as follows:

(1)

There shall be a minimum building front setback of 25 feet from the lot line on all streets.

(2)

There shall be a side setback on each side of all principal buildings of not less than 15 feet.

(3)

There shall be a rear setback of not less than 20 feet.

(4)

Accessory buildings shall be located not less than five feet from a side or rear lot line; except if it abuts a residential district, the setback provided shall be at least what the appropriate side or rear setback for a principal building would be in the adjoining residential district. However, in no case shall it be less than ten feet.

(Ord. No. 2008-1, § 46-626, 8-6-2008; Ord. No. 2017-1 , 1-18-2017)

Sec. 50-383. - DC Downtown Commercial District.

(a)

Intent. The DC Downtown Commercial District is intended to provide a centralized location to accommodate the development and expansion of retail and service businesses, and to provide development standards which facilitate and guide such development in accordance with commonly accepted land use, transportation, neighborhood compatibility, and public service standards. The downtown commercial district is also intended to accommodate the village's pre-existing business center where land parcels are small and already substantially developed. It is also intended that the DC district land use be consistent with the village comprehensive plan.

(b)

Permitted principal uses.

(1)

Antique shop.

(2)

Apparel shop.

(3)

Artist studio and retail outlet.

(4)

Automobile service station, gas station, convenience stores, excluding auto body repair work.

(5)

Bars, taverns, cocktail lounges, night clubs.

(6)

Banks, including drive-in teller service.

(7)

Bicycle and other recreational product sales and services.

(8)

Churches and related gathering halls and school facilities.

(9)

Educational institutions and businesses.

(10)

Florist shop, garden shop, landscape products.

(11)

Furniture and appliance businesses.

(12)

Grocery store, bakery, delicatessen or meat market.

(13)

Hardware stores.

(14)

Laundromat.

(15)

Motel and auto courts.

(16)

Music store and record shop.

(17)

Office equipment sales and service.

(18)

Paint and wallpaper store.

(19)

Personal services, such as medical clinics, doctors and dentist offices, and chiropractor and massage businesses.

(20)

Pet shop.

(21)

Personal service businesses, such as barber and beauty shops.

(22)

Photographic store and/or studio.

(23)

Private and institutional clubs and lodges.

(24)

Professional services, such as legal, accounting, insurance, art and music instruction, real estate, and taxidermy.

(25)

Computer and copy services and financial services.

(26)

Public and governmental office uses, including U.S. post office.

(27)

Recreational businesses, such as pool halls and bowling alleys.

(28)

Repair shops, excluding vehicle body shops and salvage businesses.

(29)

Residences located only on the second floor of a business.

(30)

Restaurants, cafes and ice cream shops.

(31)

Retail businesses customary to downtown areas.

(32)

Sports shops, including bait and tackle shops.

(33)

Tourist retail, amusement and service businesses.

(34)

Used merchandise retail businesses.

(35)

Farmer's markets.

(c)

Permitted accessory uses.

(1)

Any accessory uses customarily incidental to the permitted principal use providing such accessory use shall comply with the minimum requirements for the DC Downtown Commercial District.

(2)

Multifamily dwelling only when located above the ground floor.

(3)

Business identification and advertising signage directly related to the on-premises permitted use.

(4)

On-site parking is not required in this district, however, on-site parking related to a permitted use is permissible in quantities determined by the business or property owner, subject to the requirements of subsection (f) of this section.

(5)

Communications devices not located on or obstructing pedestrian or vehicle movement on public property.

(6)

Loading docks and related facilities.

(7)

Ventilation and fuel storage devices provided no such use shall be located within the public right-of-way of any street or alley or overhang any such public space.

(d)

Conditional uses.

(1)

Lodging businesses, such as hotels, motels, bed and breakfast and rental rooms.

(2)

Outdoor recreational and entertainment uses.

(3)

Billboards and other off-premises outdoor advertising in accordance with section 50-447.

(4)

Any manufacturing or assembly function related to but subordinate to the primary use of the principal permitted use.

(5)

Day care centers.

(6)

Veterinary services, but not including boarding kennels.

(e)

Violations. Violations of these land use regulations shall be grounds for village orders to terminate the use or activity causing the violation.

(f)

Building height and area. No principal building shall exceed 35 feet in height.

(1)

Lot area: 2,400 square feet.

(2)

Lot frontage: 20 feet.

(3)

Front yard setback: None.

(4)

Side yard least width: None, except adjacent to an R Residential District in which case not less than ten feet on any one side, and if a structure is not built directly against an adjacent structure, then a minimum side yard of eight feet is required.

(5)

Rear yard depth: None, except abutting an R Residential District in which case not less than 25 feet.

(g)

Architectural and site plan review. A concept plan for developments in this district is required per the standards of section 50-268.

(Ord. No. 2008-1, § 46-627, 8-6-2008)

Sec. 50-384. - M Manufacturing District.

(a)

Intent. The M Manufacturing District is intended to provide for manufacturing, industrial, assembly, storage and related uses, which on the basis of actual physical and operational characteristics would not be detrimental to the surrounding area or to the village as a whole by reason of smoke, noise, dust, odor, traffic, physical appearance, or other factors. This district is intended to be consistent with the village comprehensive plan. (See division 10 of this article.)

(b)

Permitted principal uses. Permitted uses in the M district are as follows:

(1)

Beverage and bottling/ice.

(2)

Electrical equipment/electronics.

(3)

Food products manufacturing.

(4)

Medical/pharmaceutical/instruments.

(5)

Office.

(6)

Personal items and home furnishings.

(7)

Photographic/engraving.

(8)

Plastics.

(9)

Printing/publishing/equipment/coating.

(10)

Tool and die/machine shops/welding.

(11)

Toys/amusement.

(12)

Warehousing.

(13)

Wood/fabrication/processing/crafts/furniture.

(14)

Wholesale uses.

(15)

Outdoor storage of materials directly related to a manufacturing, industrial or utility usage.

(16)

Essential services.

(c)

Permitted accessory uses. Permitted accessory uses in the M district are as follows:

(1)

Garages used for storage of vehicles used in conjunction with the operation of the business.

(2)

Off-street parking and loading areas. Off-street parking is required according to the following standards.

(3)

Office, storage, power supply, and other uses normally auxiliary to the principal industrial operation.

(4)

Residential quarters for the owner or caretaker, provided that there shall be no more than one such dwelling unit on an industrial site.

(5)

Ground-mounted and building-mounted earth station dish and terrestrial antennas or other towers.

(6)

Solar collectors.

(7)

Retail sales of products produced on the premises or products related thereto, provided the square footage of this retail space does not exceed 1,250 square feet.

(d)

Conditional uses.

(1)

Petroleum storage and distribution.

(2)

Agricultural chemical storage, and distribution.

(3)

Adult oriented facilities, such as adult book stores, adult motion picture theaters, adult mini-motion picture theatres, and adult gift stores, all subject to the following standards which are intended to address and regulate the secondary effects of such uses:

a.

Minimum of 1,000 feet separation between another adult facility.

b.

Minimum of 1,000 feet separation to any hospital, church, school, funeral parlor, restaurant, library, park, museum, playground, or any other public or private building or premises likely to be utilized by persons under the age of 18 years.

c.

Minimum of 1,000 feet separation between any area zoned residential.

d.

The owner shall furnish the village detailed information as to the nature of use and activity of the proposed establishment. If the business will include the sale or a rental of printed matter, pictures, films, videotapes, or sound recordings, the owner shall furnish representative samples of these materials. If the business will offer live performances in which a person appears nude or which involves live depictions of sexual conduct, the owner shall specify in detail the nature of the activity.

e.

Owner or applicant shall provide the names and addresses of the owners and occupants of all property within 300 feet of the proposed establishment.

f.

Advertisements, displays, pictures, or other promotional materials shall not be shown or exhibited on the premises in a manner which makes them visible to the public from pedestrian ways or other public or semi-public areas.

g.

All points of access into such establishments and all windows or other openings shall be located, constructed, covered, or screened in a manner which will prevent a view into the interior from any public or semipublic area.

h.

In case of a protest signed by 20 percent or more of persons residing or owning businesses within 300 feet of the proposed establishment, the grant of such permit shall require a three-quarters affirmative vote of the village board.

i.

In addition to considerations otherwise taken into account when acting on permits, consideration shall be given to the protection of property values in the affected area; the preservation of neighborhoods; the tendency of such use to attract an undesirable quantity of quality of transients; the tendency of such use to cause increases in crime, especially prostitution and sex-related crimes and the need for policing; the tendency for such use to cause increases in noise, traffic, and other factors interfering with the quiet and peaceful enjoyment of the neighborhood; the tendency of such use to encourage residents and businesses to move elsewhere; the protection of minors from such materials and activities; any other factor created by the type of use being considered; and the health, safety, and general welfare of the community.

j.

The permitted and conditional uses of the local business district.

(e)

Lot area and width. Lot area and width provisions in the M district are as follows: Lots shall have a minimum area of 43,560 square feet and shall have a lot width of not less than 200 feet.

(f)

Building height and area. Building height and area standards in the M district are as follows:

(1)

No principal building or parts of a principal building shall exceed 55 feet in height.

(2)

The sum total of the floor area on all floors of the principal building and all accessory buildings shall not exceed 80 percent of the lot area.

(g)

Setbacks. Setbacks in the M district are as follows:

(1)

There shall be a minimum front setback of 40 feet from the lot line on all streets.

(2)

There shall be a side setback on each side of all buildings of not less than 20 feet from the right-of-way of all streets and stormwater drainage channels, and the side yards adjacent to railroad rights-of-way shall be a minimum of 15 feet or as necessary to be served by a railroad siding track.

(3)

There shall be a rear setback for all buildings the same as for the side yard setback.

(Ord. No. 2008-1, § 46-628, 8-6-2008)

Sec. 50-385. - Conservation and open space district.

(a)

Intent. The RC Resource Conservation District is intended to recognize and protect lands and waters that provide natural resource benefits to the village. Such resources include woodlands, hills and surface waters and wetlands. This district recognizes the natural development limitations of lands that are subject to flooding, erosion, siltation, and lands that possess slopes too steep for urban development; and the district recognizes the need to manage urban development on such lands in recognition of the village's responsibility to protect the health, safety and general welfare of the village. The district also provides conservation standards to manage lands having potential drainage and flooding problems, and to protect woodlands, wetlands, shorelands, water quality and public open space and recreation areas.

(b)

Permitted principal uses.

(1)

Truck gardening and nurseries, provided that no permanent dwelling units shall be erected thereon unless the tract contains ten or more acres.

(2)

Any public or institutional park, playground, trail, and outdoor recreational uses.

(3)

Any use erected or maintained by the village.

(4)

Wood lots and orchards.

(5)

Cemeteries.

(6)

Historic, cultural and outdoor educational attractions.

(7)

Conventional conservation practices (best management practices per the county land and water conservation departments and county water plan).

(c)

Permitted accessory uses.

(1)

Accessory buildings and uses customarily incidental to any permitted use.

(2)

Bulletin boards and signs pertaining to any natural product that is grown within the district; provided, however, that such signs shall be located upon or immediately adjacent to the building or in the area in which such materials are treated, processed, or stored.

(3)

Village streets and drainage devices.

(4)

Parking.

(5)

Signs.

(d)

Conditional uses.

(1)

Utility structures, towers, transmission lines, buildings.

(2)

Essential services.

(e)

Building height. Maximum of 24 feet.

(f)

Lot area and width. The following minimum requirements shall be observed:

Land Use
Lot Area Front Yard
Setback
Side Yard
Least Width
One Side
Minimum
Sum of
Side Yards
Rear Yard
All Uses No
Minimum
200 ft.
35 ft.
70 ft.
35 ft.

 

(g)

Performance standards.

(1)

Area of structure: No minimum.

(2)

Floodprone areas. No structures shall be built in any documented floodplain without floodproofing per the standards in the village floodplain zoning ordinance. No structures or permanent storage of any material resistant to flood flows shall be placed in any ditch or low area subject to a known history of flash flooding. This includes the storage of any material that is capable of contaminating surface water or groundwater.

(3)

Clear cutting of woodland hill sides having a gradient in excess of 20 percent is prohibited.

(4)

Tree cutting of firewood for personal use is permitted, and the removal of diseased or hazardous trees or invasive tree species is permitted.

(Ord. No. 2008-1, § 46-630, 8-6-2008)