The following uses of land or buildings listed below are allowed in the districts indicated hereinafter under the conditions specified in this Title:

   A.   Uses lawfully established on the effective date hereof.

   B.   Permitted uses as designated in Chapter 3 of this Title.

   C.   Conditional permitted uses as designated in Chapter 3 of this Title. (Ord. 93-11, 6-14-93)

In all districts, after the effective date hereof, and subject to the provisions as set out in Chapter 4 of this Title on nonconforming uses:

   A.   Any tract of land may be used.

   B.   Any lawfully existing or new building or other structure may be used, relocated, enlarged, converted, extended, reconstructed or altered.

   C.   The use of any lawfully established existing building or other structure or tract of land may be continued, changed, extended or enlarged for any use or conditional permitted use allowed by the regulations for the district in which such building or other structure or tract of land is located and for no other purpose and shall conform to all other regulations set forth in the applicable regulations of this Title, including the requirements set forth in Chapter 5 of this Title for accessory off-street parking spaces and off-street loading spaces. (Ord. 93-11, 6-14-93)

In all districts, after the effective date hereof and subject to the provisions of Chapter 4 of this Title on nonconforming uses, any new building or other structure shall conform to all the bulk, height and area requirements set forth in the regulations for the district in which such building or other structure is located and to all other applicable regulations of this Title. (Ord. 93-11, 6-14-93)

   A.   Procedures of Review of Conditional Permitted Uses: To provide for the location of special classes of uses which are desirable for the public welfare within a given district or districts but which are potentially incompatible with typical uses herein permitted within them, a classification of conditional uses is hereby established. Procedures for conditional uses are set forth in Chapter 7 of this Title.

   B.   Existing Conditional Permitted Uses: Where a use exists on the effective date hereof and it is classified as a conditional use in the district in which it is located by this Title, it shall be considered to be a lawful conditional use. Additions or alterations to existing buildings or land improvements for expansion of lawful conditional uses may be made within the area of the lot included in the ownership existing at the time of adoption of this Title, and they shall be subject to yard floor area ratio and building height requirements set forth in this Title for permitted uses in the district in which they are located. (Ord. 93-11, 6-14-93)

   A.   Accessory buildings, structures and uses shall be compatible with the principal uses and shall not be established prior to the establishment of the principal use, and shall not include within the Village limits the keeping, propagation or culture of pigeons, poultry or livestock whether or not for profit.

   B.   No accessory buildings or structure, unless it conforms with the requirements of accessory buildings for conditional uses, shall be erected or altered at, nor moved to, a location within ten feet (10') of the nearest wall of the principal building, nor within the required area of a front or side yard. An accessory building, structure or use in a rear yard shall be not less than three feet (3') from any property line; except, that on a corner lot, a reversed corner lot or a through lot, such accessory building, structure or use shall be set back from the property line adjoining a street the distance required herein for a specific permitted or conditional use.

   C.   No accessory building, structure or use shall 1) encroach upon that side yard of a corner lot which is adjacent to the street; 2) encroach upon that side of a reversed corner lot which is adjacent to the street; 3) encroach upon that part of a rear yard, or of a through lot, which is within thirty five feet (35') from the street line abutting the rear lot line; or 4) encroach upon a front yard, except as permitted herein for specific use.

   D.   No building or structure, accessory to dwelling uses, shall have more than one story nor exceed seventeen feet (17') in height unless otherwise permitted. (Ord. 93-11, 6-14-93)

   A.   All yards and other open spaces allocated to a building (or group of buildings comprising one principal use) shall be located on the same lot as such building. The maintenance of yards and other open space and minimum lot area legally required for a building shall be a continuing obligation of the owner of such building or of the property on which it is located, as long as the building is in existence. Furthermore, no legally required yards, other open space or minimum lot area allocated to any building shall, by virtue of change of ownership or for any other reason, be used to satisfy yard, other open space or minimum lot area requirements for any other building.

   B.   No improved lot shall hereafter be divided into two (2) or more lots and no portion of an improved lot shall be sold unless all improved lots resulting from each such division or sale shall conform with all the applicable bulk regulations of the zoning district in which the property is located.

   C.   No yards, now or hereafter provided, for a building existing on the effective date hereof shall subsequently be reduced below, or further reduced if already less than, the minimum yard requirements of this Title for equivalent new construction.

   D.   For lots platted before September 8, 1975, on one side of a street where setbacks are maintained on lots occupying more than fifty percent (50%) of such street frontage, between intersecting streets or a distance of one thousand eight hundred feet (1,800'), whichever is less, the setback shall be no less than the average of the existing setbacks. (Ord. 93-11, 6-14-93)

No obstructions shall be permitted in any required yard, except as follows:

   A.   In Any Yards: Marquees and awnings adjoining the principal building overhanging roof eaves; chimneys, if they do not exceed ten percent (10%) of the depth of the yard; and ornamental light standards, domestic television and radio antennas, flag poles, arbors, trellises, trees, shrubs, coin-operated telephone, permitted signs and outdoor fuel-dispensing equipment. On corner lots, obstructions not higher than thirty inches (30") above curb level, if located in that portion of a required front yard or side yard situated within twenty feet (20') of the lot corner formed by the intersection of any two (2) street lines.

   B.   In Side Yards: Open accessory off-street parking spaces, except in a side yard abutting a street.

   C.   In Rear Yards: Enclosed, attached or detached off-street parking spaces; open off-street parking spaces; accessory sheds; tool rooms; and any farm accessory building, or any similar structures customarily accessory to the principal use; and balconies, breezeways and open porches. (Ord. 93-11, 6-14-93)

The following regulations shall apply to mobile homes and trailers:

   A.   A mobile home shall not be considered to be permissible as an accessory building.

   B.   No mobile home or trailer shall be parked, stored or occupied for living purposes except:

      1.   In an approved mobile home park; provided, that public or community sewer and water facilities are available for each mobile home and that each existing mobile home lot contains at least three thousand (3,000) square feet of lot area.

      2.   For a period not to exceed one year, on property for which a zoning permit for the construction of a dwelling or dwellings has been issued, and on which construction is actively carried forward to completion within the aforesaid one year.

      3.   A mobile home or trailer may be used as a temporary office or shelter incidental to construction or development of a premises on which the trailer is located only during the time construction or development is actively underway. No trailer may be stored or parked on any lot on the village square at any time, except in strict compliance with this section. Each day a trailer remains stored or parked on any lot in violation of this section shall be considered a separate violation of this Title. Violations of this subsection B.3. shall carry fines as set forth in Section 3-1-6 of this Code.

      4.   A trailer may be stored in a garage or rear yard; provided, that it be licensed in accordance with the statutes of the State for movement on highways, that it be stored in a condition in which it can be moved at any time without removing blocks or making adjustments, other than hitching and retracting landing gears, and that it not be used for living, sleeping or commercial purposes while stored. (Ord. 93-11, 6-14-93; amd. Ord. 23-04, 2-13-2023)

In order to carry out the purposes and provisions of this Title, the following districts are hereby established:

   Residence Districts

      R-1 Residence District

      R-2 Residence District

      R-3 Residence District

   Office District

      O General Office District

   Business Districts

      B-1 Retail Business District

      B-2 Service Business District

      B-4 Retail Business district

   Industrial District

      I Industrial District

   Agricultural District

      A Agricultural District

   Mobile Home Districts

      RM-3 Mobile Home Parks - Individual Lots

      RM-4 Mobile Home Parks - Leased Lots

(Ord. 93-11, 6-14-93)

All land which may hereafter become a part of the Village as a result of annexation shall be classified and placed in the R-1 Single-Family Residence Zoning District, unless otherwise provided pursuant to a valid annexation. (Ord. 93-11, 6-14-93)

The location and boundaries of the districts established by this Title are set forth in the Zoning District Map, dated November 2, 1990, and hereby incorporated as a part of this Title. All properties designated R-2 on said Map are hereby designated R-3. The Zoning Map, including all amendments thereto, shall be as much a part of this Title as is fully set forth and described herein. Said Map shall be filed with the office of the Village Clerk and shall be made available to public reference at all times during which those offices are open. Said Map shall be updated from time to time by the Zoning Administrator as changes occur. (Ord. 93-11, 6-14-93)

The following uses are exempted by this Title and permitted in any district:

   A.   Poles, towers, wires, cables, conduits, vaults, laterals, pipes, mains, valves or other similar distributing equipment for telephone, cable television or other communications and electric power, gas, water and power lines; provided, that the installation shall conform, when applicable, with Federal Communications Commission and Federal Aviation Agency rules and regulations and other authorities having jurisdiction.

   B.   The height limitation for the following buildings or structures or parts thereof are hereby exempt from the limitations set forth in this Title:

      1.   Agricultural buildings - barns, silos and grain elevators, but not including dwellings.

      2.   Chimneys and flagpoles.

      3.   Radio and television antennas and towers.

      4.   Water tanks and standpipes. (Ord. 93-11, 6-14-93)

No building or structure shall be erected within the flood plain area except in conformance with the Village Flood Plain Ordinance 1 . (Ord. 93-11, 6-14-93)

It is hereby declared to be the legislative intent that if any of the provisions of this Title or the application thereof to any lot, building, structure or tract of land are declared by a court of competent jurisdiction to be invalid or ineffective in whole or in part or to be applicable to any person or situation, the effect of such decision shall be limited to the provision or provisions which are expressly stated in the decision to be invalid or ineffective or to the lot, building or other structure or tract of land immediately involved in the controversy. All other provisions of this Title shall continue to be separately and fully effective, and the application of such provision to other persons or situations shall not be affected. (Ord. 93-11, 6-14-93)

For purposes of this Title, the required width of side yards shall be not less than five feet (5') for those lots legally described as Lots 32, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, and 47 of Lewis Pape Addition to the Village of Pawnee. (Ord. 93-11, 6-14-93)