In order to classify, regulate and restrict the use of land, water, buildings and structures, the height and bulk of buildings and structures, the area of yards and other open spaces about buildings and the intensity of land use; to promote the orderly growth and development of the village; and to implement the village comprehensive development plan, the village is divided into the following five land development districts:

(1)

RS residential single-family district.

(2)

RM residential multiple-family district.

(3)

CN commercial neighborhood district.

(4)

CG commercial general district.

(5)

G government district.

(Code 1994, § 30-486)

(a)

Adoption procedure and policy.

(1)

The boundaries of the designated land development districts are set forth and shown on the village official land development district (zoning) map which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this article. Originals of the map shall be the official land development district (zoning) map, and it shall be retained in the office of the village clerk and bear the seal of the village under the following words:

"Adopted by the village council of the Village of Palm Springs, Florida, this _____ day of ________, 20___, as part of Ordinance No. _____."

(2)

The village official land development district (zoning) map shall be part of the public records of the village; be made available for public inspection; and be the final authority as to the current land development district status of land, water areas, buildings and other structures in the village.

(b)

Amendments and revisions.

(1)

If, in accordance with the provisions of this article and applicable state statutes, changes are made in district boundaries or other matters portrayed on the village official land development district (zoning) map, such changes become effective after the amendment has been duly approved by the village council.

(2)

No changes of any nature shall be made on the village official land development district (zoning) map or matter shown thereon, except in conformity with the procedures set forth in this division.

(3)

Any unauthorized changes of any kind by any person shall be considered a violation of this division and punishable as provided under section 1-12.

(Code 1994, § 30-487)

(a)

The boundaries of each land development district are designated and established as shown on the village official land development district (zoning) map. The boundaries of the land development districts as shown on the map are hereby adopted and approved, and all regulations and requirements set forth in this article are hereby declared to be in effect upon all land and water included within the boundaries of each and every land development district shown on the village official land development district (zoning) map.

(b)

Where uncertainty exists as to the boundaries of land development districts on the village official land development district (zoning) map, the following rules shall apply:

(1)

Land development district boundaries, unless otherwise indicated on the village official land development district (zoning) map, shall be construed as lines approximately following lot, section and tract lines; centerlines of streets, highways and alleys; street rights-of-way; alleys; corporate limit lines; actual shorelines; centerlines of rivers, streams, canals or other bodies of water; or other geographical, political or topographical features.

(2)

Land development district boundaries that are approximately parallel to the centerline, right-of-way line or pavement line of streets or alleys shall be construed as being parallel thereto and at the distance indicated on the map. If no distance is given, the dimensions shall be determined by use of the scale shown on the village official land development district (zoning) map.

(3)

Land development district boundaries that approximately bisect a block, lot or tract shall be construed to follow the median lines of the block, lot or tract as indicated by rear property lines; as measured between the centerlines of boundary streets in the absence of rear property lines; or, in the absence thereof, by the use of the scale appearing on the village official land development district (zoning) map.

(Code 1994, § 30-488)

(a)

Except as otherwise provided in this division, the following shall apply:

(1)

The use of any existing building, structure, tract of land or body of water may be continued.

(2)

The enlargement, alteration, conversion, reconstruction, rehabilitation or relocation of any building or structure shall be in accordance with the use and property development regulations of the land development district within which the property is located and other applicable requirements of this article.

(3)

Any new building, structure, tract of land or body of water shall be used, constructed or developed in accordance with the use and property development regulations of the land development district within which the property is located and other applicable requirements of this article.

(4)

No building or other structure shall be erected or altered to exceed the height; accommodate or house a greater number of families; occupy a greater percentage of lot area; have narrower or smaller front, rear, side yards or other open spaces than required in this division; or in any other manner contrary to the provisions of this article.

(5)

No yard or lot shall be reduced in dimension or area below the minimum requirements set forth in this division.

(6)

No part of a yard, other open space, or off-street parking or loading area required about or in connection with any building for the purpose of complying with this division shall be included as part of a yard, open space, or off-street parking or loading area similarly required for any other building.

(7)

Where any lot existing at the effective date of the ordinance from which this division is derived is located in two or more land development districts in which different use or property development regulations apply, and unless otherwise specified by the village council, the following provisions shall apply:

a.

If more than 50 percent of the area of a lot is located in one of two or more land development districts, the use regulations applicable to the land development district containing the majority of the lot area shall apply to the entire lot. If the lot area lies within two or more districts in such a way that no land development district contains more than a majority of the lot area, the applicable use regulations of the more restrictive land development district shall apply to the entirety of the lot.

b.

If more than 50 percent of the area of a lot is located in one of two or more land development districts, the property development regulations applicable to the land development district containing the majority of the lot area shall apply to the entire lot. In cases where the lot is divided into two or more land development districts in such a way that no land development district contains more than a majority of the lot area, the property development regulations of the more restrictive land development district shall apply to the entirety of the lot.

(8)

For any public right-of-way which is officially vacated or abandoned, the land development district regulations applicable to each parcel of abutting property shall apply to the centerline of the property which is abandoned. If abandoned property is not divided at the centerline for abutting properties, the land development district regulations applicable shall apply to such ownership lines as determined by virtue of such abandonment.

(9)

For any public property, other than rights-of-way that are vacated or abandoned, the regulations for the land development district which abuts the abandoned public property for the greatest number of lineal feet shall apply to the entire property, unless otherwise specified by the village council.

(10)

Where physical or cultural features existing on the ground vary from those shown on the village official land development district (zoning) map, or where any other uncertainty exists, the village council shall interpret the intent of the official land development district (zoning) map as to the location of land development district boundaries.

(11)

Plat requirements within subdivisions shall be enforced by the village as to yard requirements; however, the village has no jurisdiction over the use restrictions set forth in either the plat or deed restrictions.

(b)

All territory which may be annexed into the village shall be considered to be in the appropriate land development district, as determined by the village council at the time of annexation, and shall also be consistent with state annexation laws.

(Code 1994, § 30-489)

(a)

No building permit or certificate of occupancy and use shall be issued by the village for any purpose, except in compliance with the provisions of this article and other applicable ordinances and laws of the village.

(b)

The village may revoke a building permit or certificate of occupancy and use in cases where a violation of this division has occurred.

(c)

The village may suspend a building permit or certificate of occupancy and use where a violation of this division has been found.

(Code 1994, § 30-490)

It is the purpose of the RS residential single-family land development district to provide for single-family development of a low population density with its accessory and incidental uses, consisting of not more than one dwelling unit per platted lot. The RS district recognizes the need to provide areas within which the traditional single-family detached residence can thrive and which are protected from more intense activities of other uses. The gross density shall not exceed 5.8 dwelling units per acre.

(Code 1994, § 30-501)

Permitted uses within the RS residential single-family land development district shall be limited to the following:

(1)

Single-family detached dwellings.

(2)

Minor community residential homes, subject to the provisions of subdivision XI of this division.

(3)

Home occupations, subject to the provisions set forth in section 34-890 of this Code.

(Code 1994, § 30-502; Ord. No. 2013-08, § 4, 3-14-2013)

Accessory uses permitted in the RS residential single-family land development district shall be limited to the following:

(1)

Any accessory use customarily incidental and subordinate to the permitted uses, including private garages, swimming pools, cabanas, saunas, spas, gazebos, utility sheds and other similar uses.

(2)

Satellite dish antennas.

(Code 1994, § 30-503)

The following shall be permitted as special exception uses in the RS residential single-family land development district:

(1)

Churches and places of worship.

(2)

Public uses and facilities.

(3)

Public utilities.

(4)

Recreation uses and facilities.

(5)

Family day care facilities.

(6)

Schools.

(7)

Mobile home developments, subject to the provisions set forth in subdivision XII of this division.

(Code 1994, § 30-504; Ord. No. 2013-08, § 4, 3-14-2013)

The following uses shall be specifically prohibited in the RS residential single-family land development district:

(1)

Any use not specifically, provisionally or by reasonable implication permitted, or permitted by special exception.

(2)

Assisted living facilities (ALFs).

(3)

Child care facilities.

(4)

Nursing homes.

(5)

Special residential facilities.

(6)

Time share uses.

(Code 1994, § 30-505; Ord. No. 2017-05, § 3, 5-11-2017)

The following property development regulations shall be in effect in the RS residential single-family land development district:

(1)

Minimum lot area: 6,500 square feet.

(2)

Minimum lot width (interior): 65 feet.

(3)

Minimum lot width (corner): 95 feet.

(4)

Minimum frontage: 65 feet.

(5)

Minimum lot depth: 100 feet.

(6)

Maximum lot coverage: 45 percent of as otherwise controlled by setback requirements.

(7)

Minimum front yard: 25 feet.

(8)

Minimum rear yard: 12.5 feet, except utility sheds as set forth in subsection 34-892(d).

(9)

Minimum side yard (interior): 7.5 feet, except utility sheds as set forth in subsection 34-892(d) and driveways as set forth in section 34-881.

(10)

Minimum side yard (corner): 25 feet, except utility sheds as set forth in subsection 34-892(d) and driveways as set forth in section 34-881.

(11)

Maximum building height: two stories or 25 feet.

(12)

Maximum impervious or semi-impervious surface: 60 percent.

(Code 1994, § 30-506; Ord. No. 2012-04, § 2, 2-23-2012; Ord. No. 2013-23, § 2, 9-26-2013; Ord. No. 2015-40, § 2, 12-10-2015; Ord. No. 2016-21, § 5, 1-12-2017)

Off-street parking and loading requirements for the RS residential single-family land development district shall be as set forth in division 8 of this article.

(Code 1994, § 30-507)

Additional requirements for the RS residential single-family land development district shall be as set forth in division 7 of this article.

(Code 1994, § 30-508)

It is the purpose of the RM residential multiple-family land development district to provide an emphasis on multiple-family residences, while preserving and protecting the residential character of the village. A clustering of units and a variety of housing design and styles is encouraged in the RM district, while maintaining an appropriate density that will complement the surrounding development in the village. The gross density shall not exceed 5.8 dwelling units per acre for single-family detached dwelling developments. Gross density shall not exceed 19.0 dwelling units per acre for attached multiple-family developments, such as apartments and condominiums, and planned developments.

(Code 1994, § 30-521; Ord. No. 2013-08, § 5, 3-14-2013; Ord. No. 2017-05, § 4, 5-11-2017)

Permitted uses within the RM residential multiple-family land development district shall be limited to the following:

(1)

Single-family detached dwellings.

(2)

Duplex dwellings.

(3)

Multiple family dwellings.

(4)

Residential Planned Developments.

(5)

Minor community residential homes, subject to the provisions of subdivision XI of this division.

(6)

Home occupations, subject to the provisions set forth in section 34-890 of this Code.

(Code 1994, § 30-522; Ord. No. 2013-08, § 5, 3-14-2013; Ord. No. 2014-06, § 4, 5-8-2014)

Accessory uses permitted in the RM residential multiple-family land development district shall only include any accessory use customarily incidental and subordinate to the permitted uses, including private garages, swimming pools, cabanas, saunas, spas, gazebos, utility sheds and other similar uses.

(Code 1994, § 30-523)

The following shall be permitted as special exception uses in the RM residential multiple-family land development district:

(1)

Churches and places of worship.

(2)

Public uses and facilities.

(3)

Public utilities.

(4)

Recreation uses and facilities.

(5)

Assisted living facilities.

(6)

Special residential facilities ^* .

(7)

Child care facilities.

(8)

Family day care homes.

(9)

Satellite dish antennas.

(10)

Schools.

(11)

Mobile home developments, subject to the provisions set forth in subdivision XII of this division.

(12)

Community residential homes, subject to the provisions set forth in subdivision XI of this division.

(13)

Nursing homes.

^* Restricted to parcels designated with the medium- or high-density residential future land use categories.

(Code 1994, § 30-524; Ord. No. 2010-05, § 4, 4-8-2010; Ord. No. 2013-08, § 5, 3-14-2013; Ord. No. 2017-05, § 4, 5-11-2017)

The following uses shall be specifically prohibited in the RM residential multiple-family land development district:

(1)

Any use not specifically, provisionally or by reasonable implication permitted, or permitted by special exception.

(2)

Time share uses.

(Code 1994, § 30-525)

The following property development regulations shall be in effect for the RM residential multiple-family land development district:

(1)

Minimum lot area: 10,000 for one dwelling unit, 12,500 for two dwelling units, and 15,000 square feet for three dwelling units. For each additional unit thereafter, 9,500 square feet of lot area per unit shall be required, except the minimum lot area for a single-family dwelling shall not be less than that required in section 34-746. Property development regulations shall also be as set forth in section 34-746.

(2)

Minimum lot width (interior): 80 feet.

(3)

Minimum lot width (corner): 100 feet.

(4)

Minimum frontage: 80 feet.

(5)

Minimum lot depth: 100 feet.

(6)

Maximum lot coverage: 40 percent.

(7)

Minimum front yard: 25 feet.

(8)

Minimum rear yard: 25 feet, except for utility sheds as set forth in section 34-892(d).

(9)

Minimum side yard (interior): 15 feet, except for utility sheds as set forth in subsection 34-892(d) and driveways as set forth in section 34-881.

(10)

Minimum side yard (corner): 20 feet, except for utility sheds as set forth in subsection 34-892(d) and driveways as set forth in section 34-881.

(11)

Maximum building height: three stories or 35 feet.

(12)

Maximum impervious or semi-impervious surface: 55 percent.

(Code 1994, § 30-526; Ord. No. 2012-04, § 3, 2-23-2012; Ord. No. 2016-21, § 6, 1-12-2017; Ord. No. 2017-05, § 4, 5-11-2017)

Property development regulations for planned developments in the RM residential multiple-family land development district shall be as set forth in subdivision IX of this division.

(Code 1994, § 30-527; Ord. No. 2014-06, § 5, 5-8-2014; Ord. No. 2017-05, § 4, 5-11-2017)

Off-street parking and loading requirements for the RM residential multiple-family land development district shall be as set forth in division 8 of this article.

(Code 1994, § 30-528)

Supplemental regulations for the RM residential multiple-family land development district shall be as set forth in division 7 of this article.

(Code 1994, § 30-529)

It is the purpose of the CN commercial neighborhood land development district to provide lands within the village for various select and limited type commercial establishments which are designed to serve the residential neighborhoods of the village. Business, professional, limited retail and personal services which are oriented to and compatible with surrounding neighborhoods are encouraged, while major or large-scale commercial concerns are not intended or allowed. It is further the intent of the CN district to minimize undesirable impacts on residential areas of the community in general.

(Code 1994, § 30-541)

Permitted within the CN commercial neighborhood land development district shall be limited to the following:

(1)

Professional offices.

(2)

Business offices.

(3)

Medical and dental offices.

(4)

Retail sales and services such as pharmacies, florists, camera and photo supplies and studios, delicatessens for takeout only, clothing stores, sale of videos and video accessories (excluding adult entertainment) , card and gift stores, coin laundries and dry cleaning, shoe stores (including repair), music stores, sporting goods, pet shops and similar shops.

(5)

Galleries and fine art studios, excluding adult entertainment establishments.

(Code 1994, § 30-542; Ord. No. 2011-27, § 3, 12-8-2011)

No accessory uses shall be permitted in the CN commercial neighborhood land development district.

(Code 1994, § 30-543)

The following shall be permitted as special exception uses in the CN commercial neighborhood land development district:

(1)

Churches and places of worship.

(2)

Public uses and facilities.

(3)

Private clubs.

(4)

Public utilities.

(5)

Clubs and lodges.

(6)

Personal services.

(7)

Convenience food and beverages stores.

(8)

Satellite dish antennas.

(9)

Recreation uses and facilities.

(10)

Residential conversions.

(Code 1994, § 30-544; Ord. No. 2010-05, § 5, 4-8-2010)

The following uses shall be specifically prohibited in the CN commercial neighborhood land development district:

(1)

Any use not specifically, provisionally or by reasonable implication permitted, or not permitted by special exception.

(2)

Shopping centers.

(3)

Any type of residential dwelling unit or accessory use.

(4)

Motels and hotels.

(5)

Time share uses.

(6)

Any drive-up, drive-in, dropoff or walkup facilities.

(7)

Gas stations.

(8)

Service stations, full-service.

(9)

Flea markets/swap shops.

(10)

Car washes.

(11)

Medical marijuana dispensaries.

(Code 1994, § 30-545; Ord. No. 2017-17, § 2, 7-27-2017)

The following property development regulations shall be in effect for the CN commercial neighborhood land development district:

(1)

Minimum lot size: One acre.

(2)

Minimum lot width: 100 feet.

(3)

Minimum frontage: 100 feet.

(4)

Minimum lot depth: 200 feet.

(5)

Maximum lot coverage: No requirement, provided that all other requirements of this division are met.

(6)

Minimum front yard: 40 feet.

(7)

Minimum rear yard: 20 feet.

(8)

Minimum side yard (interior): 15 feet.

(9)

Minimum side yard (corner): 25 feet.

(10)

Minimum yards adjacent to residential land development districts: 30 feet, excluding the front yard which shall remain at 40 feet.

(11)

Maximum building height: Two stories or 25 feet.

(12)

Maximum gross floor area: 50 percent of total area.

(Code 1994, § 30-546)

Off-street parking and loading requirements for the CN commercial neighborhood land development district shall be as set forth in division 8 of this article.

(Code 1994, § 30-547)

Additional requirements for the CN commercial land development district shall be as set forth in division 7 of this article.

(Code 1994, § 30-548)

It is the purpose of the CG commercial general land development district to provide lands within the village for a wide range of goods and commercial services that serve a consumer market that may extend beyond municipal limits. Such areas shall be located convenient to major roads and automotive traffic. However, it is not the intent of this land development district to necessarily create or promote an extension of strip commercial areas.

(Code 1994, § 30-561)

Permitted uses within the CG commercial general land development district shall be limited to the following:

(1)

All permitted uses in the CN commercial neighborhood land development district.

(2)

Financial institutions.

(3)

Retail sales and services.

(4)

Personal services.

(5)

Commercial Planned Developments.

(Code 1994, § 30-562; Ord. No. 2007-08, § 6, 4-26-2007; Ord. No. 2014-06, § 6, 5-8-2014)

No accessory uses shall be permitted in the CG commercial general land development district.

(Code 1994, § 30-563)

(a)

The following shall be permitted as special exception uses in the CG commercial general land development district:

(1)

Churches and houses of worship. Churches and houses of worship shall not be subject to the height restrictions of the CG district, but the height of such structures shall be subject to determination during the site plan approval process in the discretion of the village council.

(2)

Public uses and facilities.

(3)

Public utilities.

(4)

Private clubs.

(5)

Convenience food and beverage stores.

(6)

Indoor theaters.

(7)

Indoor amusements.

(8)

Automated teller machines (ATMs) and other drive-in, drive-up, drop-off or walkup facilities.

(9)

Automotive repairs, major.

(10)

Service stations, full-service.

(11)

Satellite dish antennas.

(12)

Restaurants with and without a lounge.

(13)

Bars.

(14)

Shopping centers.

(15)

Funeral homes without crematories.

(16)

Wholesale establishments.

(17)

Gas stations with and without a convenience store.

(18)

Recreation uses and facilities.

(19)

Financial institutions, drive-in.

(20)

Hospitals and full-service medical facilities.

(21)

Schools, except for special instruction classes, such as dance, karate, tutoring, etc. that are limited to 20 or fewer students per session.

(22)

Childcare facilities.

(23)

Residential conversions.

(24)

Car washes.

(25)

Nightclubs.

(26)

Package liquor stores.

(27)

Lounges in existing restaurants.

(28)

Laboratories.

(29)

Flex units.

(30)

Social service facilities.

(31)

Hotel/motels.

(b)

Any uses in existence and in compliance with village ordinances prior to the adoption of Ordinance No. 2013-01, shall not be rendered nonconforming by said adoption. This does not apply to components of use, including but not limited to, landscaping, parking, loading, and setbacks.

(Code 1994, § 30-564; Ord. No. 2007-08, § 6, 4-26-2007; Ord. No. 2008-29, § 3, 12-11-2008; Ord. No. 2010-05, § 6, 4-8-2010; Ord. No. 2011-27, § 3, 12-8-2011; Ord. No. 2013-01, § 4, 2-14-2013; Ord. No. 2014-26, § 2, 11-13-2014; Ord. No. 2017-06, § 3, 5-11-2017; Ord. No. 2017-17, § 3, 7-27-2017; Ord. No. 2019-12, § 2, 9-12-2019)

The following uses shall be specifically prohibited in the CG commercial general land development district:

(1)

Any use not specifically, provisionally or by reasonable implication permitted, or permitted by special exception.

(2)

Any type of residential dwelling unit or accessory use.

(3)

Motels and hotels.

(4)

Time share uses.

(5)

Theaters, outdoor.

(6)

Flea markets and swap shops.

(7)

Bottle clubs.

(8)

Medical marijuana dispensary.

(Code 1994, § 30-565; Ord. No. 2010-05, § 7, 4-8-2010; Ord. No. 2017-17, § 3, 7-27-2017)

The following property development regulations shall be in effect for the CG commercial general land development district:

(1)

Minimum lot width: 100 feet.

(2)

Minimum frontage: 100 feet.

(3)

Minimum lot depth: 200 feet.

(4)

Maximum lot coverage: No requirement, provided that all other requirements of this division are met.

(5)

Minimum front yard: 50 feet.

(6)

Minimum rear yard: 20 feet.

(7)

Minimum side yard (interior): 15 feet.

(8)

Minimum side yard (corner): 25 feet.

(9)

Minimum yards adjacent to residential land development districts: 30 feet, excluding the front yard which shall remain at 50 feet.

(10)

Maximum building height: Four stories or 45 feet.

(11)

Maximum gross floor area: 50 percent of total lot area.

(Code 1994, § 30-566)

Off-street parking and loading requirements for the CG commercial general land development district shall be as set forth in division 8 of this article.

(Code 1994, § 30-567)

(a)

Outdoor storage. All outdoor storage shall be screened by a solid barrier and not visible from public view. All equipment vehicles must be stored with booms, ladders, truck beds, or any other portion of the vehicle in the non-extended or non-elevated position.

(b)

Outdoor display. Outdoor displays of merchandise, goods, or materials shall not be located within parking stalls, landscape buffers/open space areas, or in a manner that interferes with any vehicular or pedestrian access way or fire safety systems and equipment. The location of outdoor display areas shall be delineated on a village-approved site plan. Displays of equipment/merchandise shall be in a non-elevated/non-extended position.

(c)

Parking of business vehicles. Vehicles utilized for the business operation should be parked in the rear or side of the premises, to the extent possible, as determined by the land development director, and screened from the public right-of-way. Parking of other vehicles is further restricted by section 34-916. Any vehicles permitted to be parked on any commercial premises must be primarily operated for the subject business.

(d)

Vending machines. Vending machines, including ice boxes and propane tank dispensers, are encouraged to be accommodated inside the building. Outside placement of such machines shall be screened from public view with landscaping or a solid barrier, in a manner that maintains clear access, and shall be depicted on a village-approved site plan.

(e)

Additional requirements for the CG commercial general land development district shall be as set forth in division 7 of this article.

(Code 1994, § 30-568; Ord. No. 2015-08, § 2, 3-12-2015; Ord. No. 2016-21, § 7, 1-12-2017)

(a)

Issuance. Notwithstanding any other provision of this subdivision, including section 34-823, the land development director, or as provided in this section, the village council, for good cause shown, may grant a temporary license for an establishment in the CG district, not exceeding five years from the approval date, renewable at the option of the village, for certain uses identified in this subdivision.

(b)

Applicability. Uses subject to the licensing provisions of this section shall include:

(1)

Vehicle sales at a vehicle leasing and rental facility.

(2)

Animal boarding at a veterinary office.

(3)

One manager's or caretaker's apartment at a self-storage facility.

(4)

Takeout food at a convenience store or gas station.

(5)

Vehicle rentals at a self-storage facility.

(6)

Other accessory uses, whether or not provided for in section 34-823, but not otherwise prohibited in this subdivision, and as approved by the land development director.

(c)

Review criteria. Each temporary use identified in this section shall be accessory to the permitted or special exception use, and shall not:

(1)

Generally produce an intensity of use which, in combination with the main use, exceeds that permitted for the main use alone; and

(2)

Specifically, generate vehicular traffic which, in combination with the main use, exceeds that permitted for the main use alone.

(d)

Site plan amendment. If the applicant is seeking any change to the physical layout or footprint of the site, a site plan amendment application shall be submitted with the application for the temporary use.

(e)

Transferability. Each temporary use identified in this section shall only be licensed to the current owner or occupant, and such license may not be assigned, conveyed or transferred to any third party or person, without the approval of the land development director. No owner or occupant may circumvent such provision by transferring a majority of interest in a corporation or other business entity.

(f)

Expiration of term. At the conclusion of the term approved by the land development director, including any extension thereof, such use shall expire, and the owner or occupant shall terminate such use. Failure to terminate the temporary use shall subject the owner and occupant, jointly and severally, to appropriate legal action, including mandatory injunctive relief, and the reasonable costs incurred by the village in enforcing this subsection, including attorneys' fees at all administrative, trial and appellate levels. Upon the issuance of a court order from a court of competent jurisdiction awarding attorneys' fees and/or costs, such costs shall become a lien on the property of the owner and occupant, if unpaid after 30 days following the entry of the order.

(g)

Prohibitions. Nothing contained in this section shall permit or allow any adult entertainment, adult entertainment establishment or alcoholic beverage sales to be a temporary or accessory use; nor shall any prohibited use be deemed an accessory use under this section.

(h)

Village council intent. By adopting the ordinance from which this section is derived, the village council intends that the land development director shall use the provisions of this subdivision and subdivision IV of this division as a guide. Because the nature of the temporary uses licensed in this section are minor, the strict adherence to the requirements of such subdivisions shall not pertain, and the land development director shall be free to use reasonableness, as well as an awareness of community needs and aesthetics, in addition to the criteria expressed in such subdivisions, as a basis for all decisions.

(i)

Exclusivity of procedure. Nothing contained in this section shall require that an applicant submit a temporary use license request to the land development director for consideration. It is the intent of the village council that such procedure shall be summary in nature, and nonexclusive, and that any applicant shall be free to apply to the village council, or appeal the decision of the land development director to the village council, in writing, within 30 days of a written decision by the land development director, or use other available administrative or legal process. Any appeal to the village council shall be heard within 30 days of being filed with the village clerk.

(Ord. No. 2003-12, § 1, 6-12-2003)

(a)

Distance generally. Zoning approval shall not be approved for any business that sells alcoholic beverages for on premise consumption that is located within 1,000 feet of another business that sells alcoholic beverages for on premise consumption, not in conjunction with restaurants or shopping centers, except as specifically provided herein.

(b)

Schools and churches. No sale of alcoholic beverages for consumption on premises, not in conjunction with full service restaurants, shall be made where the place of business is within 500 feet of a public or a private school, duly accredited and offering any of the grades from kindergarten through 12th grade or any church or places of worship.

(c)

Residential property. Zoning approval shall not be approved for any business that sells alcoholic beverages for on premise consumption, not in conjunction with full service restaurants, that is located within 1,000 feet of residential property.

(d)

Shopping centers. Shopping centers, including neighborhood convenience center, neighborhood shopping center, community shopping center and regional shopping center, shall adhere to distance requirements for schools, churches and places of worship, and residential properties set forth herein. Nightclubs, bars, and private clubs located within the aforementioned shopping centers shall be limited to the following:

(1)

One nightclub; or

(2)

Two bars; or

(3)

One bar and one nightclub/private club; or

(4)

One private club.

(e)

Measurements. The distance from a proposed or existing bar, nightclub, private club or a business that sells alcoholic beverages, excluding establishments located inside shopping centers, shall be measured by drawing a straight line between the closest lot lines of the proposed or existing bar or nightclub and the closest lot lines of the specified uses, whether within or outside of the village boundaries. Distance for bars, nightclubs and private clubs located within a shopping center shall be measured to the face of closest face of the building housing the bar, nightclub or private club.

(Ord. No. 2010-05, § 8, 4-8-2010; Ord. No. 2015-18, § 2, 5-14-2015)

It is the purpose of the G government land development district to provide a district which essentially maps and identifies real property that is presently owned and used by a governmental entity, including local, state or federal government units. It is not the intent of the G district to be applied to land that is used by governmental entities on an easement or leased basis, if title to the land is in private ownership. It is not the intent of this subdivision to classify all land owned by government into the G district, but only those lands particularly and peculiarly related to the public welfare.

(Code 1994, § 30-581)

Permitted uses within the G government land development district shall be limited to the following. Any nonspecified use existing at the time of adoption of the ordinance from which this division is derived shall be considered nonconforming.

(1)

Public uses and facilities.

(2)

Public utilities.

(3)

Recreational use and facilities.

(4)

Any accessory use customarily incidental to public uses and facilities or public utilities deemed appropriate by the village council at the time of site plan review.

(Code 1994, § 30-582)

Special exception uses permitted in the G government land development district shall include private clubs.

(Code 1994, § 30-583; Ord. No. 2010-05, § 9, 4-8-2010)

Uses specifically prohibited in the G government land development district shall include any use not specifically, provisionally or by reasonable implication permitted, or permitted by special exception.

(Code 1994, § 30-584)

Due to the uniqueness and diversity of uses, buildings and structures allowed in the G government land development district, all property development regulations shall be imposed at the time of site plan review by the village council, except for the following:

(1)

Maximum building height: three stories or 35 feet.

(2)

Maximum lot coverage: 45 percent of total lot area.

(Code 1994, § 30-585)

Off-street parking and loading requirements for the G government land development district shall be as set forth in division 8 of this article.

(Code 1994, § 30-586)

Additional requirements for the G government land development district shall be as set forth in division 7 of this article.

(Code 1994, § 30-587)

It is the purpose of the LI light industrial land development district to provide lands within the village for the retention and expansion of economic activities associated with manufacturing, processing, fabricating, compounding, treatment, packaging and/or assembly of materials or goods, warehousing or bulk storage of goods, and their related accessory uses. Such areas shall be located convenient to major roads and vehicular traffic while providing safeguards for adjoining and/or nearby nonindustrial properties and the surrounding community. Other uses shall be permitted which are more appropriate to the LI land development district due to environmental impacts related to noise, vibration, light, traffic, and general aesthetics.

(Ord. No. 2013-01, § 5, 2-14-2013)

Permitted uses within the LI light industrial land development district shall be limited to the following:

(1)

Light industrial uses which do not process/store flammable materials.

(2)

Professional offices.

(3)

Business offices.

(4)

Public uses and facilities.

(5)

Public utilities.

(6)

Self-storage units.

(7)

Warehouse.

(8)

Showroom/warehouse.

(9)

Industrial planned developments.

(Ord. No. 2013-01, § 5, 2-14-2013; Ord. No. 2014-06, § 7, 5-8-2014)

Accessory uses within the LI light industrial land development district shall be limited to 25 percent of the principal building structure or use.

(Ord. No. 2013-01, § 5, 2-14-2013)

The following shall be permitted as special exception uses in the LI light industrial land development district:

(1)

Vehicle sales.

(2)

Retail sales and services.

(3)

Outdoor recreation.

(4)

Kennels.

(5)

Automotive repairs, minor.

(6)

Automotive repairs, major.

(7)

Flex-units.

(8)

Restaurants with and without a lounge.

(9)

Bars.

(10)

Nightclubs.

(11)

Adult entertainment.

(12)

Landscaping related sales and services, including any business that sells trees, shrubs, ground cover, sod, and other types of plants, tools, lawnmowers and related power equipment, fertilizer and pesticides, garden furniture, mulch and other types of ground cover, and similar items used for landscape, lawn maintenance and landscape purposes.

(13)

Light industrial uses which process/store flammable materials.

(14)

Service stations, full service.

(15)

Gas stations with or without a convenience store.

(16)

Industrial conversion.

(Ord. No. 2013-01, § 5, 2-14-2013)

The following uses shall be specifically prohibited in the LI light industrial land development district:

(1)

Any use not specifically, provisionally or by reasonable implication permitted, or permitted by special exception.

(2)

Any type of residential dwelling unit.

(3)

Heavy industrial uses.

(4)

Dumps/recycling centers.

(5)

Junk/salvage yards.

(6)

Flea markets/swap shops.

(7)

Medical marijuana dispensary.

(Ord. No. 2013-01, § 5, 2-14-2013; Ord. No. 2017-17, § 4, 7-27-2017)

The following property development regulations shall be in effect for the LI light industrial land development district:

(1)

Minimum acreage: One acre.

(2)

Minimum lot width: 100 feet.

(3)

Minimum frontage: 100 feet.

(4)

Minimum lot depth: 200 feet.

(5)

Maximum lot coverage: 85 percent.

(6)

Minimum front yard: 30 feet.

(7)

Minimum rear yard: 20 feet.

(8)

Minimum side yard (interior): 20 feet.

(9)

Minimum side yard (corner): 30 feet.

(10)

Minimum yards adjacent to residential land development districts: 75 feet. (Parcels adjacent to a right-of-way such as LWDD may use that width in the 75-foot measurement).

(11)

Maximum building height: 50 feet.

(12)

Minimum building square footage: 3,000 square feet per acre of property.

(13)

Maximum building floor area ratio: 1.0 FAR.

(Ord. No. 2013-01, § 5, 2-14-2013)

Off-street parking and loading requirements for the LI light industrial land development district shall be as set forth in division 8 of this article.

(Ord. No. 2013-01, § 5, 2-14-2013)

In addition to the following requirements, other supplemental regulations for the LI light industrial land development district shall be as set forth in division 7 of this article.

(1)

Hours of operation. Hours of operation for all uses that typically generate noise including but not limited to, auto repair, carpentry, masonry, etc, in the light industrial land development district shall be restricted to 7:00 a.m.—6:00 p.m. when adjacent to a residential zoning district.

(2)

Outdoor storage. All outdoor storage shall be screened by a solid wall and not visible from public view. All equipment vehicles must be stored with booms, ladders, truck beds, or any other portion of the vehicle in the non-extended or non-elevated position.

(3)

Access. Industrial developments shall be located so as to have adequate access to arterial and/or collector streets. Traffic access to industrial developments shall not be arranged in such a way that traffic utilizes streets within residential areas, except for traffic generated entirely within such residential areas.

(4)

Aesthetics. All development shall be reviewed for architectural consistency and compatibility with the surrounding uses.

(5)

Noise. In instances where staff believes the business may exceed noise limits as set forth in section 34-1382 the land development director and/or village council may require additional data, testing, and/or studies to support compliance with the code to be submitted for review and approval.

(6)

Overnight parking. Overnight parking of vehicles owned/operated by the business, shall be parked within enclosed/screened area.

(Ord. No. 2013-01, § 5, 2-14-2013)

Except for subsections 34-865(2) and (3), the requirements as set forth in section 34-865 above may be waived by the village council; provided, however, that the spirit and intent of the light industrial land development district is complied with.

(Ord. No. 2013-01, § 5, 2-14-2013)

It is the purpose of the MU Mixed Use land development district to provide lands within the village for the development of mixed use developments. Similar to single-use planned developments, the intent of this section is to provide for planned developments with a mix of uses and to allow greater flexibility in design and development standards relative to specific dimensional regulations, to encourage ingenuity and creativity in site design while preserving open space to serve recreational, scenic and other public service purposes, and to ensure compatibility of new development with the surrounding area and within the proposed development. In addition to the following requirements, mixed use projects shall adhere to section 34-1062, objectives of a planned development.

(Ord. No. 2014-19, § 2, 9-11-2014)

Permitted uses within the MU Mixed Use land development district may include any use(s) permissible in the RS, RM, CN, CG, or IL land development districts, subject to a finding of compatibility with the other uses within the MU district and adjacent uses in the surrounding area. A complementary mix of uses should generate synergy and convenience that enhances the physical space and creates a vibrant environment.

(1)

The proposed mix of uses shall be compatible with the character and use (existing and future) of the surrounding properties in function; hours of operation; type and amount of traffic to be generated; building location, mass, height and setback.

(2)

It shall be demonstrated that the proposed mix of uses does not have a detrimental impact on surrounding properties based on:

a.

The degree of noise, odor, visual, or other potential nuisance factors generated by the uses use; and

b.

The effect on the amount and flow of unmitigated traffic within the vicinity of the proposed mixed use project.

(Ord. No. 2014-19, § 2, 9-11-2014)

The following property development regulations shall be in effect for the MU Mixed Use land development district:

(1)

Minimum acreage: One acre.

(2)

Setbacks: Setbacks from perimeter property boundaries shall be determined based upon the proposed use(s) within the Mixed Use development and the existing (or future) adjacent use. Similar uses (i.e. residential to residential) shall require a 15-foot setback. Different uses (i.e. residential to commercial) shall require a 30-foot setback.

(3)

Maximum building height: Building height should respect adjacent properties by being located on their sites to minimize disruption of the privacy and outdoor activities of residents/business owners and patrons in adjacent buildings. Maximum building height is 75 feet. Any proposed building exceeding 35 feet in height shall be at the discretion of the Village Council considering the following:

a.

The proposed uses of the structure;

b.

The bulk, mass, and context of adjacent structures or proposed structures;

c.

The compatibility with adjacent existing or proposed uses;

d.

The relationship to the adjoining uses and the surrounding development; and

e.

The provision of open space in the proposed project.

(4)

Maximum building floor area ratio: Per applicable land use designation(s)

(5)

Site-Specific Standards: Development of the subject property shall be governed by the provisions of the ordinance rezoning the property to MU, approving the proposed site plan and any waivers or conditions of approval therein.

(Ord. No. 2014-19, § 2, 9-11-2014)

Off-street parking and loading requirements for the MU Mixed Use land development district shall be as set forth in division 8 of this article, unless granted a waiver per section 34-875.

(Ord. No. 2014-19, § 2, 9-11-2014)

(1)

Minimum design requirements. Design standards can transform the image of the village. Specific design-base criteria applied throughout the community can help achieve stated objectives.

Every site-specific condition cannot be anticipated. The stated design requirements are minimum development standards established to promote consistency and quality, and need to be interpreted in light of particular site-specific circumstances or conditions.

Standards:

(a)

Sidewalks on both sides of a street or primary driveway, interconnected with other pedestrian-ways and/or providing access to each building.

(b)

Consolidation of smaller parcels into a larger, unified development project.

(c)

Consolidation of driveways to eliminate curb cuts, with reciprocal easements for access; provision of access from secondary streets and alleys.

(d)

Shared parking arrangements to reduce impervious surfaces and promote efficient use of facilities.

(e)

Provision of sufficient parking to avoid on-street parking, unless designed with on-street spaces.

(f)

Pedestrian-scale street lighting along sidewalks and pedestrian-ways.

(g)

Aggregation of open space to create common areas of sufficient size for passive/leisure activities.

(h)

Continuity of sidewalks and pathways where disconnects occur; and provision of sidewalks to usable open spaces, recreation amenities or public facilities.

(i)

Residential setbacks that allows for a green, semi-private planting area between the sidewalk and house(s).

(j)

Promote streetscape where feasible, with maintenance agreements assigning responsibility to adjacent properties.

(k)

Create bus waiting areas for safety, for school busses or mass transit, as may be applicable.

(l)

Building stepbacks or setbacks to respect existing scale and massing of adjacent neighborhoods and promote compatibility.

(m)

Provisions of original, self-confident building design, and prohibition of metal buildings.

(n)

Buffers between differing uses to include a masonry wall and landscaping to promote compatibility.

(o)

Adequate vehicular circulation, traffic maintenance and/or operational measures that does not negatively impact existing roadway conditions, including avoidance of dead-end streets and t-style turnarounds.

(2)

Development standards.

(a)

Mixed use developments shall meet all applicable regulations and requirements set forth in this article, and others set forth in the code including, but not limited to, division 9 development standards, section 62-42 location and screening of commercial containers, and article III landscaping.

(b)

In the layout and design of the proposed mixed use development, the applicant shall consider, and the village shall review for, the provision of adequate light and air, traffic circulation, drainage patterns, pedestrian safety, emergency vehicle access and all other provisions normally provided for by the area and dimension regulations.

(Ord. No. 2014-19, § 2, 9-11-2014)

(1)

The use of innovative and creative techniques and concepts may require one or more waivers from the strict interpretation of the Village Land Development Code and applicable code provisions related to lot size, frontages, setbacks, height, lot coverage, parking, design standards, and other requirements, may be granted for good cause shown and shall be demonstrated to be in harmony with the purpose, and objectives of the comprehensive plan land use designation and the performance standards of this subdivision. Waivers may not be requested from density and intensity limitations.

(2)

Waivers may be granted by the village council, following an advisory recommendation by the land development board. All requests for waivers shall be identified on the site plan and shall accompany an application for site plan approval of a mixed use development.

(3)

Requests for waivers shall be submitted in writing and shall address each of the following criteria:

a.

The request is in harmony with and is consistent with the purpose and intent of the Village's Comprehensive Plan and Land Development Code and that such waiver will not be injurious to the area involved or otherwise detrimental to the public health, safety and welfare.

b.

The request results from innovative design in which other minimum standards are exceeded.

c.

The request demonstrates that granting of the waiver will result in preservation of valuable natural resources, including drainage and recharge areas, natural areas, etc.

d.

The request demonstrates public benefits to be derived, including but not limited to such benefits as dedication of rights-of-way, extensions of pedestrian linkages outside of the project boundaries, preservation of open areas and use of desirable architectural, building, and site design techniques.

e.

The request provides sufficient screening and buffering to screen adjacent uses from adverse impacts caused by the granting of a waiver.

f.

Economic hardship may not be used to justify waivers.

g.

The result is compatible with existing and potential land uses adjacent to the development site.

h.

Waiver requests from minimum common amenity area requirements shall further demonstrate that adequate recreation area is available on the immediate vicinity of the proposed development.

i.

Waiver requests from maximum height limitations shall further demonstrate that the additional height will not adversely impact adjacent properties and appropriate stepbacks are provided as building height increases.

(Ord. No. 2014-19, § 2, 9-11-2014)

In addition to the following requirements, other supplemental regulations for the MU Mixed Use land development district shall be as set forth in division 7 of this article.

(1)

Unified control.

a.

All land included within a Mixed Use land development district shall be owned or under the control of the applicant (whether the applicant is an individual, partnership or cooperation, or a group of individuals, partnerships or corporations), or if planned for parcelization with multiple owners shall remain unified via the approved master development plan and development order. The application shall document unified control of the entire area within the proposed development, with provisions for cross-access, shared parking, and shared infrastructure, as may be appropriate for the subject project.

b.

The mixed use development shall be developed in accordance with the master site plan approved by the village, and sufficient guarantees shall be provided for adequate operation and maintenance of common facilities. The application shall provide agreements, covenants, contracts, deed restrictions or sureties acceptable to the village.

(2)

Maintenance of common areas and facilities. A program for maintenance of all common areas, including open space, parking areas, utility sites, etc., shall be submitted to the village prior to issuance of a certificate of occupancy. The submission shall include formation of associations, agreements, contracts, deed restrictions, sureties or other legal instruments to guarantee the installation and continued maintenance of such common areas and facilities.

(Ord. No. 2014-19, § 2, 9-11-2014)

The following uses shall be specifically prohibited in the MU mixed use land development district:

(1)

Any use not specifically, provisionally or by reasonable implication permitted, or not permitted by special exception in the CN and CG land development districts.

(2)

Time share uses.

(3)

Theaters, outdoor.

(4)

Flea markets and swap shops.

(5)

Bottle clubs.

(6)

Adult entertainment.

(7)

Heavy industrial uses.

(8)

Dumps/recycling centers.

(9)

Junk/salvage yards.

(10)

Pawn shops.

(11)

Car washes.

(12)

Automotive repairs, minor and major.

(13)

Social service facilities.

(14)

Medical marijuana dispensary.

(Ord. No. 2017-17, § 5, 7-27-2017)