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Pawnee City Zoning Code

CHAPTER 3

DISTRICT REGULATIONS

9-3-1: R-1 RESIDENCE DISTRICT:

   A.   Purpose: This District is intended to provide a suitable open character for single-family detached dwellings at low densities and community facilities and public open spaces which serve the residents of this District or are benefitted by an open residential environment.
   B.   Permitted Uses:
      1.   Single-family detached dwellings, including modular homes.
      2.   Churches, when located not less than twenty feet (20') from adjoining lot lines in a residential district.
      3.   The following institutional uses; provided, that principal buildings shall be located not less than thirty feet (30') from adjoining lot lines in a residential district:
         a.   Schools, public, denominational or private, to be used for nursery, elementary, junior and senior high, with adjacent space for playgrounds, athletic fields, dormitories and other accessory uses required for operation.
         b.   Public open space, including customary public parks.
         c.   Seminaries, convents, monasteries and similar religious institutions, including dormitories and other accessory uses required for operation.
      4.   Home occupations.
      5.   Temporary buildings for construction purposes for a period not to exceed duration of construction.
      6.   Accessory uses, customarily incidental to the above uses. Accessory uses shall include, but not be limited to, the following:
         a.   Conservatories for plants and flowers and other service buildings.
         b.   Separate living quarters for domestic servants employed on the premises.
   C.   Conditional Permitted Uses:
      1.   Colleges or universities, but not business colleges or trade schools.
      2.   Public or private outdoor recreation centers, such as fishing ponds, hunt and gun clubs, conservation clubs, archery ranges, picnic grounds, par-3 golf courses (but not including commercially operated driving ranges or miniature golf courses) and accessory buildings or structures for administration, operation, maintenance and club house or pavilion facilities, including sale of food and soft drinks; provided, that accessory buildings are located not less than one hundred fifty feet (150') from any residential property line. Lighting for operation of recreational uses at night is not permitted.
      3.   Rest homes, hospitals and sanitariums for human beings only.
      4.   Public service uses:
         a.   Electric and telephone substations.
         b.   Filtration plants, pumping stations and water reservoirs.
         c.   Sewage treatment plants.
         d.   Railroad passenger stations.
         e.   Police and fire stations.
         f.   Telephone exchange, radio and television transmitting or relay stations and antenna towers.
      5.   Nurseries and greenhouses, including wholesale sales and incidental seasonal retail sales of plant materials and crops, a substantial percentage of which are grown on the premises.
      6.   Municipal buildings and civic centers.
   D.   Lot Area Per Dwelling Unit: There shall be a minimum of nine thousand (9,000) square feet of lot area for a single-family dwelling unit.
   E.   Lot Width: Not less than eighty feet (80') at the buildable area for a single-family structure.
   F.   Yard Regulations:
      1.   Front Yards: Not less than twenty five feet (25') in depth.
      2.   Side Yards:
         a.   For single-family structures, there shall be two (2) side yards, each of which shall be not less than ten feet (10') wide, except where a side yard adjoins a street, it shall be at least twenty five feet (25') wide; provided, however, that the owner of a lot platted of record and having a dwelling structure thereon on September 8, 1975, may extend the existing structure to within three feet (3') of the side lot; except, that if the side lot line adjoins a street, such structure may not be extended closer than twenty feet (20') to such side lot line. For duplex structures existing as of January 1, 1993, there shall be two (2) side yards, each of which shall be not less than fifteen feet (15') wide, except where a side yard adjoins a street, it shall be at least twenty five feet (25') wide.
         b.   Notwithstanding all other side yard lot width and lot area requirements, on any lot platted of record on September 8, 1975, the date of enactment of the Zoning Ordinance, which has a width of less than sixty feet (60') but not less than forty feet (40'), in an R-1 Single-Family Residential District, a single-family detached dwelling may be constructed on up to sixty seven percent (67%) of the width of the lot; provided, however, that one side yard be ten feet (10') in width. When such a lot is adjacent to a side street the ten foot (10') side yard must be adjacent to the side street.
         c.   On such a lot an accessory building, structure or use in a rear yard shall not be constructed less than two feet (2') from the side lot line; except, that on a lot adjacent to a side street an accessory building, structure or use shall not be constructed closer than fifteen feet (15') to the side street.
      3.   Rear Yards: Not less than thirty feet (30') in depth.
   G.   Height Regulation: No structure shall exceed two (2) stories or thirty five feet (35') in height.
   H.   Sign Regulations:
      1.   Illuminated nameplate and identification signs are permitted subject to the following:
         a.   Area and Content; Residential: There shall be not more than one nameplate, not exceeding one square foot in area, for each dwelling unit, indicating the name and/or address of the occupant. On a corner lot, two (2) such nameplates for each dwelling unit, one facing each street, shall be permitted.
         b.   Area and Content; Nonresidential: For nonresidential buildings, a single identification sign, not exceeding nine (9) square feet in area and indicating only the name and address of the building, may be displayed. On a corner lot, two (2) nine (9) square feet in area signs, one facing each street, shall be permitted.
         c.   Projection: No sign shall project beyond the property line into the public way.
         d.   Height: No sign shall project higher than one story or ten feet (10'), whichever is lower, above the curb level.
      2.   Unilluminated "For Sale" and "For Rent" signs are permitted.
      3.   Unilluminated signs accessory to parking area are permitted.
      4.   Illuminated nonflashing church bulletins and institutional identification signs are permitted. (Ord. 93-11, 6-14-1993)
   I.   Accessory Building Limitations:
      1.   A rear yard may contain: a) an accessory building consisting of a two (2) car garage accessory building occupying an area of not more than five hundred seventy six (576) square feet, or b) accessory buildings which, in the aggregate, occupy an area no greater than the smaller of: 1) one thousand eight hundred (1,800) square feet or 2) fifteen percent (15%) of the area of such rear yard. Such accessory buildings may be used for off street parking without regard to parking space limitations in chapter 5, "Off Street Parking And Loading Regulations", of this title. (Ord. 08-10, 6-23-2008)
      2.   Any accessory building used for parking or storage of motor vehicles or trailers (whether designed or used for living and sleeping purposes or for transportation of objects, including, but not limited to, goods, boats, snowmobiles, farm implements, motorcycles and camping gear) shall be provided with a driveway as required in subsection 9-5-5A2 of this title.
      3.   Nothing in this subsection I shall be construed as affecting or waiving any regulation pertaining to lot lengths, lot widths, lot areas, lot lines or setbacks, yard regulations, height regulations, obstruction regulations, permitted uses or conditional permitted uses. (Ord. 93-11, 6-14-1993)
      4.   Accessory buildings may be used in the conduct of home occupations, but only in areas zoned R-2 and R-3. (Ord. 99-12, 6-14-1999)

9-3-2: R-2 RESIDENCE DISTRICT:

   A.   Purpose: This district is intended to provide a suitable open character for single- and two-family detached dwellings at low densities and community facilities and public open spaces which serve the residents of this district or are benefitted by an open residential environment.
   B.   Permitted Uses:
      Uses permitted in the R-1 district.
      Duplexes.
   C.   Conditional Permitted Uses: Conditional permitted uses permitted in the R-1 district.
   D.   Lot Area Per Dwelling Unit:
      1.   There shall be a minimum of nine thousand (9,000) square feet of lot area for a single-family dwelling unit.
      2.   There shall be a minimum of twelve thousand (12,000) square feet of lot area for a two-family structure.
   E.   Lot Width: Not less than eighty feet (80') at the buildable area for a single-family structure and not less than one hundred feet (100') for duplex structures.
   F.   Yard Regulations:
      1.   Front Yards: Not less than twenty five feet (25') in depth.
      2.   Side Yards:
         a.   For single-family structures, there shall be two (2) side yards, each of which shall be not less than ten feet (10') wide, except where a side yard adjoins a street, it shall be at least twenty five feet (25') wide; provided, however, that the owner of a lot platted of record and having a dwelling structure thereon on September 8, 1975, may extend the existing structure to within three feet (3') of the side lot; except that, if the side lot line adjoins a street, such structure may not be extended closer than twenty feet (20') to such side lot line. For duplex structures there shall be two (2) side yards, each of which shall be not less than fifteen feet (15') wide, except where a side yard adjoins a street, it shall be at least twenty five feet (25') wide.
         b.   Notwithstanding all other side yard lot width and lot area requirements, on any lot platted of record on September 8, 1975, the date of enactment of the zoning ordinance, which has a width of less than sixty feet (60') but not less than forty feet (40'), in an R-1 single-family residential district, a single-family detached dwelling may be constructed on up to sixty seven percent (67%) of the width of the lot; provided, however, that one side yard be ten feet (10') in width. When such a lot is adjacent to a side street the ten foot (10') side yard must be adjacent to the side street.
         c.   On such a lot an accessory building, structure or use in a rear yard shall not be constructed less than two feet (2') from the side lot line; except, that on a lot adjacent to a side street, an accessory building, structure or use shall not be constructed closer than fifteen feet (15') to the side street.
      3.   Rear Yards: Not less than thirty feet (30') in depth.
   G.   Height Regulation: No structure shall exceed two (2) stories or thirty five feet (35') in height.
   H.   Sign Regulation: In accordance with the sign regulations in the R-1 District.
   I.   Accessory Building Limitations: Same as in the R-1 District. (Ord. 93-11, 6-14-93)

9-3-3: R-3 RESIDENCE DISTRICT:

   A.   Purpose: This District, formerly known as the R-2 Residence District, under the 1975 Pawnee Zoning Ordinance, is designed to provide for all types of residential buildings, in order to permit a broad range of housing types, with appropriate standards as to density, open space and spacing the buildings. This District also includes community facilities and public open space uses, which serve the residents of the District or which are benefitted by an open residential environment. All properties zoned R-2, as of the effective date hereof, are hereby designated R-3.
   B.   Permitted Uses:
      1.   Uses permitted in the R-2 District.
      2.   Multiple-family and other attached dwelling units.
      3.   Public libraries, museums, art galleries.
   C.   Conditional Permitted Uses: Those conditional permitted uses permitted in the R-1 District.
   D.   Lot Area Per Dwelling Unit:
      1.   There shall be a minimum of nine thousand (9,000) square feet of lot area for a single-family dwelling unit structure.
      2.   There shall be a minimum of twelve thousand (12,000) square feet of lot area for a two-family dwelling unit structure.
      3.   The minimum amount of lot area per dwelling unit for multiple-family (more than 2) dwelling unit structures shall be six thousand (6,000) square feet per dwelling unit structure.
   E.   Lot Width: Front Yards: Not less than sixty feet (60') at the buildable area.
   F.   Yard Regulations:
      1.   Front Yards: Not less than twenty five feet (25') in depth.
      2.   Side Yards:
         a.   For single-family structures, there shall be two (2) side yards, each of which shall be not less than ten feet (10') wide, except where a side yard adjoins a street, it shall be at least twenty five feet (25') wide; provided, however, that the owner of a lot platted of record and having a dwelling structure thereon on September 8, 1975, may extend the existing structure to within three feet (3') of the side lot line; except, that if the side lot line adjoins a street, such structure may not be extended closer than twenty feet (20') to such side lot line.
         b.   For duplex and multiple-family structures there shall be two (2) side yards, each of which shall be not less than fifteen feet (15') wide, except where a side yard adjoins a street it shall be at least twenty five feet (25') wide.
         c.   Notwithstanding all other side yard lot width and lot area requirements, on any lot platted of record on September 8, 1975, the date of enactment of the Zoning Ordinance, which has a width of less than sixty feet (60') but not less than forty feet (40'), in an R-2 Single-Family Residential District, a single-family detached dwelling lot; provided, however, that one side yard be ten feet (10') in width.
         d.   When such a lot is adjacent to a side street the ten foot (10') side yard must be adjacent to the side street.
         e.   On such a lot an accessory building, structure or use in a rear yard shall not be constructed less than two feet (2') from the side lot line; except, that on a lot adjacent to a side street an accessory, building, structure or use shall not be constructed closer than fifteen feet (15') to the side street.
      3.   Rear Yards: Not less than thirty feet (30') in depth.
   G.   Height Regulation: No structure shall exceed two (2) stories or thirty five feet (35') in height.
   H.   Sign Regulation: In accordance with regulations set forth in the R-1 District herein.
   I.   Accessory Building Limitations: Same as in the R-1 District. (Ord. 93-11, 6-14-93)

9-3-4: OFFICE DISTRICT:

   A.   Purpose: It being the opinion of the Village that the Office District is an obsolete zoning category, no rezonings to this District will be allowed. Since certain properties were zoned "O" prior to this Title, those properties shall be permitted to continue the uses as set forth in this Section.
   B.   Permitted Uses:
      1.   Offices devoted to professional and public activities.
      2.   Other business offices not involving sale of merchandise or commodities.
      3.   Restaurants, cafeterias or refreshment stands operating within the building for use of regular occupants of the building only.
      4.   Temporary buildings for construction purposes, for a period not to exceed the duration of active construction.
      5.   Multiple-family dwelling units.
   C.   Floor Area Ratio:
      1.   For offices, not to exceed one and zero-tenths (1.0).
      2.   For multiple-family residences, not to exceed one and zero-tenths (1.0).
   D.   Lot Area:
      1.   For offices, not less than five thousand (5,000) square feet of lot area for each structure.
      2.   For multiple-family residences, the minimum amount of lot area per dwelling unit shall not be less than the following:
 
Min. Lot Area for Each Type of Dwelling Unit in Square Feet
Dwelling Unit on the Lot
4 bedroom
3,000
3 bedroom
2,700
2 bedroom
2,400
1 bedroom efficiency
2,100
 
   E.   Lot Width: For offices, not less than fifty feet (50') at the buildable area.
   F.   Yard Regulations:
      1.   Front Yards: Not less than twenty five feet (25') in depth.
      2.   Side Yards: Two (2) side yards totalling fourteen feet (14'), one of which shall be at least nine feet (9') wide and one at least five feet (5') wide, except where a side yard adjoins a street, it shall be at least twenty five feet (25') wide.
      3.   Rear Yards: There shall be a rear yard not less than twenty five feet (25') in depth.
   G.   Height Regulation: No structure shall exceed thirty five feet (35') in height.
   H.   Sign Regulations:
      1.   Illuminated nameplate and identification signs not attached to buildings are permitted subject to the following:
         a.   Area and Content; Nonresidential: For nonresidential buildings, a single identification sign, not exceeding nine (9) square feet in area and indicating the name and address of the building may be displayed. On a corner lot, two (2) nine (9) square feet in area signs, one facing each street, may be displayed.
         b.   Projection: No sign shall project beyond the property line into the public way.
         c.   Height: No sign shall project higher than one story or ten feet (10'), whichever is lower, above the curb level.
      2.   Illuminated nameplate and identification signs attached to a building are permitted when affixed flat to the surface thereof. No such sign shall extend above or beyond the walls of said building. Such signs when affixed flat against building walls shall not project therefrom more than eighteen inches (18").
      3.   Illuminated or unilluminated signs accessory to parking areas are permitted, not to exceed six (6) square feet in area. (Ord. 93-11, 6-14-1993)

9-3-5: B-1 RETAIL BUSINESS DISTRICT:

   A.   Purpose: This district is designed to provide for a wide range of retail stores, office buildings and amusement and service activities which occupy prime retail frontage in an intensively developed business area, with less impact on adjacent districts than the B-2 district, but allowing greater impact on adjacent districts than a B-4 district. (Ord. 93-11, 6-14-1993)
   B.   Permitted Uses:
      Antique shops.
      Art and school supply stores.
      Bakeries (not more than 50 percent of the floor area to be devoted to processing).
      Banks and financial institutions.
      Barbershops.
      Beauty shops.
      Bicycle stores, sales, rental and repair.
      Book and stationery stores.
      Camera and photographic supply stores.
      Candy and ice cream stores.
      Carpet and rug stores.
      China and glassware stores.
      Clothes pressing establishments.
      Clothing stores.
      Clubs and lodges - private, fraternal and religious.
      Coin and philatelic stores.
      Computer hardware and software sales.
      Currency exchanges.
      Custom dressmaking.
      Department stores.
      Drugstores.
      Dry cleaning and laundry receiving establishments without processing.
      Dry cleaning establishments - retail only - having not more than five (5) employees, and dry cleaning equipment not to exceed eighty (80) pounds' capacity.
      Dry goods stores.
      Dwelling unit and lodging rooms, above the first floor only.
      Electrical and household appliance stores.
      Flower shops and conservatories.
      Food stores, grocery stores, meat markets and delicatessens.
      Frozen food shops, including locker rentals.
      Furniture shops.
      Furrier shops.
      Garden supply and seed stores.
      Gift shops.
      Hardware stores.
      Hobby shops.
      Indoor firing ranges.
      Interior decorating shops.
      Jewelry stores.
      Laundries - automatics self-service type or hand, employing not more than two (2) persons in addition to one owner or manager; provided, that laundry machines shall not exceed ten (10) pounds' capacity each.
      Leather goods and luggage stores.
      Liquor store - retail sales.
      Loan offices.
      Locksmith shops.
      Mail order service stores.
      Medical and dental clinics.
      Meeting halls.
      Museums, art galleries and libraries (public).
      Musical instrument sales and repair shops.
      Newspaper offices, not including printing.
      Office supply stores.
      Offices devoted to business activities.
      Optician and optometrist offices.
      Paint and wallpaper stores.
      Photograph studios.
      Physical culture and health services, gymnasiums, reducing salons.
      Picture framing stores.
      Post offices.
      Radio and television broadcasting studios.
      Restaurants without entertainment or dancing.
      Schools devoted to music or dance.
      Sewing machine sales and services household machines only.
      Shoe and hat repair shops.
      Shoe stores.
      Sporting goods stores.
      Tailor shops.
      Taverns and cocktail lounges, without entertainment and dancing.
      Telegraph offices.
      Telephone booths, outdoor.
      Temporary buildings for construction purposes, for a period not to exceed the duration of active construction.
      Travel bureaus and transportation ticket offices.
      Toy shops.
      Variety shops.
      Vending machines.
      Video arcades.
      Video rental and sales.
      Wearing apparel shops.
      Wholesale establishments, with storage of merchandise limited to samples only.
      Accessory uses to the above permitted uses. Such accessory uses shall not include the keeping or propagation of pigeons, poultry or livestock, whether or not for profit. (Ord. 93-11, 6-14-1993; amd. Ord. 12-20, 8-27-2012)
   C.   Conditional Permitted Uses:
      Animal hospitals.
      Churches.
      Convents, monasteries, seminaries and similar religious institutions.
      Greenhouses.
      Health centers.
      Kennels.
      Other business uses similar to permitted uses listed in subsection B of this section.
      Parking lots and storage garages for motor vehicles.
      Public service uses:
      Electric distribution centers.
      Filtration plant, pumping stations and water reservoirs.
      Fire and police stations.
      Telephone exchanges, radio and television transmitting or relay stations and antenna towers.
      Other similar uses.
      Recreation buildings and community centers.
      Schools devoted to business or trade. (Ord. 93-11, 6-14-1993; amd. Ord. 08-10, 6-23-2008)
   D.   Floor Area Ratio: Not to exceed one and zero-tenths (1.0).
   E.   Lot Area: Not less than two thousand five hundred (2,500) square feet of lot area for each business establishment.
   F.   Yard Regulations:
      1.   Front Yards: None.
      2.   Side Yards: None.
      3.   Rear Yards: Not less than twenty feet (20') in depth; except, that in the case where off street parking and off street loading facilities are provided and where the building does not exceed one story in height and where the floor area ratio does not exceed twenty five one-hundredths (0.25), the rear yard may be reduced to five feet (5').
      4.   Transitional Yard:
         a.   Where a side lot line coincides with a side or rear lot line in an adjacent residence district, a yard shall be provided along such lot line. Such yard shall be not less than twenty feet (20') in width.
         b.   Where a rear lot line coincides with a side lot line in an adjacent residence district, a yard shall be provided along such rear lot line. Such yard shall be not less than thirty feet (30') in depth.
         c.   Where the extension of a front or side lot line coincides with a front lot line of an adjacent lot located in a residence district, a yard equal in depth to the minimum front yard required by this title on such a residential lot shall be provided along such frontage or side lot lines for a distance of at least twenty five feet (25'), including the width of an intervening alley from such residential lot.
   G.   Height Regulation: No structure shall exceed sixty five feet (65') in height.
   H.   Sign Regulations: Business signs and advertising devices are permitted, subject to the following conditions:
      1.   General Application:
         a.   No sign shall be permitted within twenty feet (20') of any residential district boundary line.
         b.   No freestanding business or advertising sign shall be erected or relocated within fifteen feet (15') of any street or highway, within three feet (3') of any driveway or parking area or within twenty five feet (25') of the intersection of two (2) or more streets.
         c.   Signs on awnings shall be exempted from the limitations imposed by this title on the projection of signs from the face of the wall of any building or structure; provided, that any sign located on an awning shall be affixed flat to the surface thereof and shall indicate only the name and/or address of the establishment. No such sign shall extend vertically or horizontally beyond the limits of said awning.
      2.   Spacing: Advertising signs on any controlled access route must be spaced at least three hundred thirty feet (330') apart on either side of the road. All advertising signs must be kept at least five hundred feet (500') away from an entrance or exit to a controlled access route.
      3.   Illumination: Signs may have constant or flashing illumination; provided, that any such signs that are located in direct line of vision of any traffic control signal shall not have contrasting or flashing illumination of red, green or amber color. Where a sign is illuminated by light reflected upon it, direct rays of light shall not beam upon any part of any existing residential building, nor into a residential district or into a street.
      4.   Area: The gross surface area in square feet of all signs on a lot shall not exceed ten (10) times the linear feet of frontage of such lot. Each side of the lot that abuts upon a street may be included as separate frontage.
      5.   Projection: No sign shall project more than eight feet (8') from the face of the wall of any building or structure nor project higher than the building height. Freestanding sign structures shall be located not less than fifteen feet (15') from a lot line adjoining a street.
   I.   Supplementary Regulations:
      1.   All business, service, storage, merchandise, display and, where permitted, repair and processing, shall be conducted wholly within an enclosed building, except for off street automobile parking, off street loading and open sales lots in districts where permitted.
      2.   Unless otherwise permitted herein for specified uses, goods sold shall consist primarily of new merchandise and any goods produced on the premises shall be sold at retail, primarily on the premises. (Ord. 93-11, 6-14-1993)

9-3-6: B-2 SERVICE BUSINESS DISTRICT:

   A.   Purpose: This district is designed to furnish general business and necessary commercial and semicommercial services in support of retail functions. Since these service establishments often involve objectional influences, such as noise, vibration, smoke or other particulate matter, heat, humidity, glare, odor, danger of fire or other objectional influences, they are incompatible with residential uses.
   B.   Permitted Uses:
      Uses permitted in the B-1 district.
      Amusement establishments -- bowling alleys, pool halls, dance halls, gymnasiums, indoor swimming pools and skating rinks.
      Auction rooms.
      Automobile accessory stores.
      Automobile service stations.
      Blueprinting and photocopying establishments.
      Building material sales without outdoor storage.
      Cartage and express facilities providing for storage goods, motor trucks and other equipment in an enclosed structure.
      Caskets and casket supplies and crematories.
      Catering establishments.
      Clothing and costume rental establishments.
      Contractor's and construction offices.
      Employment agencies.
      Exterminating shops.
      Feed stores.
      Frozen food lockers.
      Fuel and ice sales, retail only.
      Garages, public servicing automotive vehicles, but not including body repair or repainting.
      Greenhouses.
      Hotels.
      Job printing shops with presses having not more than fourteen inch by twenty inch (14" x 20") beds.
      Laboratories for medical, dental, research and testing purposes.
      Laundries.
      Locksmith shops.
      Machinery sales establishments.
      Mail order houses.
      Monument sales.
      Motels and lodging houses. Dwelling units may be located on the ground level.
      Motor vehicle and motor vehicle equipment sales.
      Orthopedic and medical appliance stores.
      Outdoor and commercial advertising sign shops.
      Parking lots and garages for automobiles.
      Pet shops.
      Physical, culture establishments, gymnasiums, reducing salons, massage salons and parlors.
      Plumbing showrooms and shops.
      Radio and television service and repair shops.
      Recording studios.
      Recreation buildings, community centers.
      Restaurants, including live entertainment and dancing.
      Schools devoted to business or trade.
      Taverns, including live entertainment and dancing.
      Taxidermists.
      Telephone booths, outdoors.
      Theaters, including drive-ins.
      Trailer sales.
      Typewriter and adding machine sales and service establishments.
      Undertaking establishment and funeral parlors.
      Vending machine sales and service establishments.
      Accessory uses to the above permitted uses. Such accessory uses shall not include the keeping or propagation of pigeons, poultry or livestock, whether or not for profit. (Ord. 93-11, 6-14-1993)
   C.   Conditional Permitted Uses:
      Conditional uses allowed in the B-1 district.
      Animal hospitals.
      Automobile laundries.
      Kennels.
      Open sales lots, including sales of used cars.
      Outdoor amusement establishments -- fairgrounds, permanent carnivals, kiddie parks, golf driving ranges, miniature golf courses, and other similar amusement centers and places of assembly such as stadiums and arenas.
      Secondhand stores and rummage shops. (Ord. 93-11, 6-14-1993; amd. Ord. 08-10, 6-23-2008)
   D.   Floor Area Ratio: Not to exceed one and two-tenths (1.2).
   E.   Lot Area: As in the B-1 retail business district herein.
   F.   Yard Regulation: As in the B-1 district.
   G.   Height Regulation: No structure shall exceed sixty five feet (65') in height.
   H.   Sign Regulations: Business signs and advertising devices are permitted, subject to the following conditions:
      1.   General Application:
         a.   No sign shall be permitted within twenty feet (20') of a residential district boundary line.
         b.   No freestanding business or advertising sign shall be erected or relocated within three feet (3') of a driveway, parking area or within twenty five feet (25') of the intersection of two (2) or more streets unless it is a business sign and shall have its lowest elevation ten feet (10') above the curb level.
         c.   Signs on awnings shall be exempt from the limitations imposed by this title on the projection of signs from the face of the wall of any building or structure; provided, that any sign located on an awning shall be affixed flat to the surface thereof. Further, no such sign shall extend vertically or horizontally beyond the limits of said awning.
      2.   Spacing: Advertising signs on any controlled access route must be spaced at least three hundred thirty feet (330') apart on either side of the road. All advertising signs must be kept at least five hundred feet (500') away from an entrance or exit to a controlled access route.
      3.   Illumination: Signs may have constant or flashing illumination; provided, that any such signs that are located in direct line of vision of any traffic control signal shall not have contrasting or flashing illumination of red, green or amber color. Where a sign is illuminated by light reflected upon it, direct rays of light shall not beam upon any part of any existing residential building nor into a residential district or into a street.
      4.   Area: The gross surface area in square feet of all signs on a lot shall not exceed ten (10) times the linear frontage of the lot, and each side of the lot which abuts a street may be included as separate frontage.
      5.   Projection:
         a.   A business sign when affixed to a building shall not project more than eight feet (8') from the face of the wall of any building or structure. A business sign not affixed to a building shall be not nearer than fifteen feet (15') from a lot line adjoining a street; except, that a sign having its lowest elevation ten feet (10') above the ground level and supported on standards or portable signs not to exceed twelve (12) square feet in area that do not unduly obstruct the pedestrian or motorist view may be located within three feet (3') of such lot line.
         b.   A business sign may be located on a building roof; provided, it is not higher than six feet (6') above the building height.
         c.   Advertising signs when affixed flat against the building walls shall not project therefrom more than eighteen inches (18") nor project higher than the building height. Freestanding sign structures shall be located not less than fifteen feet (15') from a lot line adjoining a street. No advertising sign shall be located within one hundred feet (100') of a residential district boundary line. (Ord. 93-11, 6-14-1993)

9-3-7: B-4 RETAIL BUSINESS DISTRICT:

   A.   Purpose: This district is designed to provide for convenient retail and service establishments which, due to the nature and type of uses, have minimal impact on adjacent residential uses and provide for a buffer between the residential areas and other uses more intensive in scope.
   B.   Permitted Uses:
      1.   Uses permitted in R-1, R-2 and R-3 districts.
      2.   Restaurants, including drive-in establishment restaurants.
      3.   Retail stores, primarily devoted to sales of goods, including:
         a.   Antique shops.
         b.   Art and school supply stores.
         c.   Bicycle stores -- sales, rental and repair.
         d.   Book and stationery stores.
         e.   Camera and photographic supply stores.
         f.   Candy and ice-cream stores.
         g.   Carpet and rug stores.
         h.   China and glassware stores.
         i.   Coin and stamp stores.
         j.   Computer hardware and software sales and services.
         k.   Department stores.
         l.   Electrical and household appliance stores.
         m.   Flower shops.
         n.   Food stores, convenience stores, grocery stores, meat markets and delicatessens.
         o.   Furniture and cabinet stores.
         p.   Furrier stores.
         q.   Garden supply and seed stores.
         r.   Gift shops.
         s.   Hardware stores.
         t.   Hobby shops.
         u.   Jewelry stores.
         v.   Leather goods and luggage stores.
         w.   Musical instrument sales and repair shops.
         x.   Newspaper offices, not including printing.
         y.   Office supply stores.
         z.   Optical stores.
         aa.   Paint and wallpaper stores.
         ab.   Photography studios.
         ac.   Picture framing stores.
         ad.   Sewing machine sales and service household machines.
         ae.   Shoe stores.
         af.   Sporting goods stores.
         ag.   Travel bureaus and transportation ticket offices.
         ah.   Wearing apparel shops.
         ai.   Toy shops.
         aj.   Variety shops.
         ak.   Video sales and rental stores.
      4.   Offices devoted to business activities.
      5.   Post offices and governmental buildings.
      6.   Uses accessory to above permitted uses, not including the keeping of pigeons, poultry or livestock.
   C.   Conditional Permitted Uses: Other business uses similar to permitted uses listed above.
   D.   Floor Area Ratio: Not to exceed one and zero-tenths (1.0).
   E.   Lot Area: Not less than ten thousand (10,000) square feet of lot area for each business establishment; residential lot areas as in R-1 District.
   F.   Yard Regulations:
      1.   Front Yards: Not less than twenty five feet (25') in depth.
      2.   Side Yards: Not less than five feet (5').
      3.   Rear Yards: Not less than twenty feet (20') in depth; except, that in the case where off-street parking and off-street loading facilities are provided and where the building does not exceed one story in height and where the floor area ratio does not exceed twenty five one-hundredths (0.25), the rear yard may be reduced to five feet (5').
      4.   Transitional Yard:
         a.   Where a side lot line coincides with a side or rear lot line in an adjacent resident district, a yard shall be provided along such lot line. Such yard shall be not less than twenty feet (20') in width.
         b.   Where a rear lot line coincides with a side lot line in an adjacent residence district, a yard shall be provided along such rear lot line. Such yard shall be not less than thirty feet (30') in depth.
         c.   Where the extension of a front or side lot line coincides with a front lot line of an adjacent lot located in a residence district, a yard equal in depth to a minimum front yard required by this Title on such a residential lot shall be provided along such frontage or side lot lines for a distance of at least twenty five feet (25'), including the width of an intervening alley from such residential lot.
   G.   Height Regulation: No structure shall exceed sixty five feet (65') in height.
   H.   Sign Regulations: Business signs and advertising devices are permitted, subject to the following conditions:
      1.   General Application:
         a.   No sign shall be permitted within twenty feet (20') of any residential district boundary line.
         b.   No freestanding business or advertising sign shall be erected or relocated within fifteen feet (15') of any street or highway, within four feet (4') of any drive or parking area or within twenty five feet (25') of the intersection of two (2) or more streets.
         c.   Signs on awnings shall be exempted from the limitations imposed by this Title on the projection of signs from the face of the wall of any building or structure; provided, that any sign located on an awning shall be affixed flat to the surface thereof and shall indicate only the name and/or address of the establishment. So such sign shall extend vertically or horizontally beyond the limits of said awning.
      2.   Illumination: Signs may have constant or flashing illumination; provided, that any such signs that are located in direct line of vision of any traffic-control signal shall not have contrasting or flashing illumination of red, green or amber color. Where a sign is illuminated by light reflected upon it, direct rays of light shall not beam upon any part of any existing residential building nor into a residential district or into a street.
      3.   Area: The gross surface area in square feet of all signs on a lot shall not exceed ten (10) times the lineal feet of frontage of such lot. Each side of the lot that abuts upon a street may be included as separate frontage.
      4.   Projection: No sign shall project more than eight feet (8') from the face of the wall of any building or structure nor project higher than the building height. Freestanding sign structures shall be located not less than fifteen feet (15') from a lot line adjoining a street.
   I.   Supplementary Regulations:
      1.   All business, service, storage, merchandise display and where permitted, repair and processing shall be conducted wholly within an enclosed building, except for off-street automobile parking, off-street loading and drive-in facilities.
      2.   Unless otherwise permitted herein for specified uses, goods sold shall consist primarily of new merchandise and any goods produced on the premises shall be sold at retail, primarily on the premises.
      3.   If a lot is adjacent to a residential area, any alley between the lot and residential area shall not be used by the public for ingress to or egress from the lot. (Ord. 93-11, 6-14-93; 1994 Code)

9-3-8: RM-3 MOBILE HOME DISTRICT:

   A.   Purpose: To accommodate mobile home subdivisions on lots of record sold to individual mobile home owners where such use is determined as being compatible with the area.
   B.   Permitted Uses:
      1.   Mobile homes.
      2.   Churches.
      3.   Public open space.
      4.   Schools, public and private.
   C.   Conditional Permitted Uses: Same as in the R-1 District.
   D.   Minimum Lot Area Per Unit:
      1.   Five thousand (5,000) square feet/D.U. if public sewer and water are available.
      2.   Forty three thousand five hundred sixty (43,560) square feet/D.U. if no sewer and water are available.
   E.   Minimum Lot Area for Classification:
      1.   Thirty thousand (30,000) square feet if public sewer and water are available.
      2.   Forty three thousand five hundred sixty (43,560) square feet if no sewer and water are available.
   F.   Minimum Lot Width Per Mobile Home: Fifty feet (50').
   G.   Yard Regulations:
      1.   Front Yard: Twenty feet (20').
      2.   Side Yard:
         a.   Total: Ten feet (10'); fifteen feet (15') if adjacent to a public street, alley or building.
         b.   Minimum Per Side: Five feet (5'); ten feet (10') if adjacent to a public street, alley or building.
      3.   Rear Yard: Fifteen feet (15').
   H.   Supplemental Regulations: All RM-3 Districts if they qualify as mobile home parks under State law 1 , shall be designed, operated and maintained in accordance with regulations of the Illinois Department of Public Health, which as of the date of this Title, are codified at 77 Illinois Administrative Code, sections 860, et seq. (Ord. 93-11, 6-14-93)

9-3-9: RM-4 MOBILE HOME DISTRICT:

   A.   Purpose: To accommodate mobile homes in mobile home parks which remain in single ownership and establish certain standards to help insure public health and safety in such developments.
   B.   Permitted Uses: Same as in the RM-3 District.
   C.   Conditional Permitted Uses: Same as in the R-1 District.
   D.   Minimum Lot Area Per Unit:
      1.   Three thousand (3,000) square feet per dwelling unit if public sewer and water are available.
      2.   Forty five thousand five hundred sixty (45,560) square feet if no sewer or water are available.
   E.   Minimum Lot Width Per Mobile Home: Twenty five feet (25').
   F.   Yard Regulations:
      1.   Front Yard Setback: Each mobile home site shall abut or face on a private or public driveway or roadway.
      2.   Side Yards:
         a.   Total: Ten feet (10'); fifteen feet (15') if adjacent to a public street, alley or building.
         b.   Minimum Per Side: Five feet (5'); ten feet (10') if adjacent to a public street, alley or building.
      3.   Rear Yard: Fifteen feet (15').
   G.   Supplementary Regulations: All mobile home parks shall be designed, maintained and operated in accordance with Illinois Department of Public Health regulation which, as of the date of this Title, are codified at 77 Illinois Administrative Code, sections 860, et seq. (Ord. 93-11, 6-14-93)

9-3-10: A-1 AGRICULTURAL DISTRICTS:

   A.   Purpose: It being the opinion of the Village that agricultural districts are an obsolete zoning category, no rezonings to the Agricultural District A-1 category will be allowed. Since certain properties were zoned A-1 prior to this Title, those properties shall be permitted to continue the uses set forth in this Section.
   B.   Permitted Uses: General agricultural use, including crops and hay, gardening and pasture for horses only, but such use as pasture shall be limited to not more than one horse per acre, not to exceed six (6) horses for any single tract.
   C.   Structures: Usual farm buildings shall be permitted, but none shall be nearer than twenty five feet (25') to the front, back or side yards of the tract.
   D.   Additional Permitted Uses: Permitted uses shall include all of those permitted in the R-1 Residential District. (Ord. 93-11, 6-14-93)

9-3-11: INDUSTRIAL DISTRICT:

   A.   Permitted Uses:
      1.   Uses permitted in the I District are subject to the following condition that residential uses are not permitted, except for watchmen's quarters.
      2.   The following uses are permitted in the I District:
         a.   Any establishment engaged in production, processing, cleaning, servicing, testing, repair or storage of materials, goods or products; provided, operations conform with the general requirements applicable to this District set forth in this Section.
         b.   The following additional uses; provided, that operations conform with applicable general requirements set forth in this Section.
            (1)   Auto laundries.
            (2)   Automobile service stations.
            (3)   Building material sales with outside storage.
            (4)   Cartage and express facilities.
            (5)   Contractors, architects and engineers offices, shops and yards.
            (6)   Dry-cleaning establishments.
            (7)   Dwelling units for watchmen and their families, when located on the premises where employed.
            (8)   Fuel and ice sales.
            (9)   Garages for storage, repair and servicing of motor vehicles.
            (10)   Greenhouses, wholesale.
            (11)   Highway maintenance shops and yards.
            (12)   Laundries.
            (13)   Lodges and offices of labor organization.
            (14)   Mail order houses.
            (15)   Medical and dental equipment manufacturing.
            (16)   Motor freight terminals.
            (17)   Municipal or privately-owned recreational buildings or community centers.
            (18)   Packing and crating.
            (19)   Printing.
            (20)   Public utility and service uses as follows:
               (A)   Bus stations, bus terminals, bus turnarounds (off street), bus garages and bus lots.
               (B)   Electric substations.
               (C)   Fire stations.
               (D)   Gas regulator stations.
               (E)   Police stations.
               (F)   Radio and television towers.
               (G)   Railroad passenger stations.
               (H)   Telephone exchanges, telephone transmission equipment buildings and microwave relay towers.
               (I)   Utility service substations - electric, gas, telephone and water.
               (J)   Waterworks - reservoirs, pumping stations and filtration plants.
            (21)   Publishing establishments.
            (22)   Radar installations and towers.
            (23)   Radio and television studios, and towers for transmitting and receiving.
            (24)   Rest houses, hotels and camps for railroad labor, consisting of sleeping, lodging, eating and related facilities provided for railroad personnel on railroad property.
            (25)   Restaurants, including the sale of liquor in conjunction therewith.
            (26)   Stadiums and arenas, open or enclosed.
            (27)   Taverns.
            (28)   Telephone booths.
            (29)   Temporary buildings for construction purposes for a period not to exceed the duration of such construction.
            (30)   Temporary real estate tract offices for the purposes of conducting the sale of lots of the tract upon which such tract office is located, for a period not to exceed two (2) years.
            (31)   Trade schools.
            (32)   Weighing stations.
            (33)   Accessory uses incidental to and on the same lot and zoning district as the principal use. (Ord. 93-11, 6-14-1993)
            (34)   Adult uses, pursuant to a permit granted in accordance with title 12 of this code. (Ord. 01-15, 10-22-2001)
   B.   Conditional Permitted Uses:
      1.   Airports, private and commercial, including heliports and other aircraft landing fields, runways, flight strips and flying schools, together with hangars, terminal buildings and other auxiliary facilities.
      2.   Air, railroad and water freight terminals, railroad switching and classification yards, repair shops and roundhouses.
      3.   Automobile or other vehicle testing grounds.
      4.   Automobile wrecking yards, except no automobile wrecking yards shall be operated within one thousand three hundred twenty feet (1,320') of any residence district.
      5.   Extraction of sand, gravel or other raw materials.
      6.   Institutions for the care or treatment of alcoholics, drug addiction patients or the mentally ill or retarded.
      7.   Junkyards, except no junkyard shall be operated within one thousand three hundred twenty feet (1,320') of any residence district.
      8.   Parks and playgrounds.
      9.   Penal institutions.
      10.   Planned developments for manufacturing.
      11.   Racetracks.
      12.   Sewage treatment plants - municipal.
      13.   Theaters - automobile and drive ins.
      14.   Accessory uses incidental and on the same lot and zoning district as the principal use.
   C.   Yard Regulations:
      1.   Front Yards: Not less than thirty feet (30') in depth.
      2.   Side Yards: On a corner lot, a side yard adjoining a street shall be not less than thirty feet (30') in depth.
      3.   Rear Yards: Not less than twenty feet (20') in depth; except, that in the case where off street parking and off street loading facilities are provided and where the building does not exceed one story in height and where the floor area ratio does not exceed twenty five one-hundredths (0.25), the rear yard may be reduced to five feet (5').
      4.   Transitional Yards:
         a.   Where a side lot line coincides with a side or rear lot in an adjacent residence district, a yard shall be provided along such side lot line. Such yard shall be not less than thirty feet (30') in width.
         b.   Where a rear lot line coincides with a side lot line in an adjacent residence district, a yard shall be provided along such rear lot line. Such yard shall be not less than fifty feet (50') in depth.
         c.   Where a rear lot line coincides with a rear lot line in an adjacent business or residence district, a yard shall be provided along such rear lot line. Such yard shall not be less than fifty feet (50') in depth.
         d.   Where the extension of a front or side lot line of an adjacent lot located in a residence district, a yard equal in depth to the minimum front yard required by this title on such adjacent residential lot shall be provided along such front or side lot lines for a distance of at least twenty feet (20'), including the width of an intervening alley from such residential lot.
   D.   Regulation Along Business And Residence District Boundary Lines:
      1.   In the I district, on properties or portions thereof located directly across a street from a business or residence district, if any point on the exterior surface of any building or structure is at a greater height than thirty five feet (35') above curb level, such point projected vertically upon the ground shall, in no case, be nearer to a business or residence district boundary line than a horizontal distance equal to one and one-half (11/2) times the height of such point from curb level.
      2.   In the I district, on properties or portions thereof located adjacent to a side or rear property line in a business or residence district, if any point on the exterior surface of any building or structure is at a greater height than thirty five feet (35') above curb level, the vertical projection of such point upon the ground shall, in no case, be nearer to the side or rear lot line of any property in the adjacent business or residence district than a horizontal distance equal to the height of such point above curb level.
   E.   Floor Area Ratio: Not to exceed one and seven-tenths (1.7).
   F.   Sign Regulations: Signs shall be permitted subject to the following conditions:
      1.   Area: The gross area in square feet of all signs on a lot shall not exceed twenty (20) times the lineal frontage in feet of such lot. However, the gross area of all flashing signs shall not exceed fifteen (15) times the lineal feet of frontage of such lot.
      2.   Projection: No sign shall project more than eight feet (8') from the face of the wall of any building or structure.
      3.   Spacing: Advertising signs on any controlled access route must be spaced at least three hundred thirty feet (330') apart on either side of the road. All advertising signs must be kept at least five hundred feet (500') away from an entrance or exit to a controlled access route.
   G.   Supplementary Regulations: Regulations for screening of junkyards and automobile wrecking yards. Any land construed to be used for the purpose of automobile wrecking yards of junkyards shall be completely screened by a solid wall or uniformly painted solid fence at least eight feet (8') in height, and open storage is restricted to a height that does not exceed that of the enclosing fence. (Ord. 93-11, 6-14-1993)

9-3-12: SUMMARY TABLE OF DISTRICT REGULATIONS:

SUMMARY TABLE OF DISTRICT REGULATIONS
 
R-1
R-2
R-3
O
B-1/ B-2
B-4
RM3
RM4
A
I
 
R-1
R-2
R-3
O
B-1/ B-2
B-4
RM3
RM4
A
I
Setbacks:
 
 
 
 
 
 
 
 
 
 
Front yard (ft.)
25
25
25
25
None
25
20
None
25
30
Side yard (ft.)
10
10
10
9
None
5
10
total
10
total
25
None
Side yard street (ft.)
25
25
25
25
None
5
15
total
10
total
25
30
Back yard (ft.)
30
30
30
25
20
20
15
15
25
20
 
 
 
 
 
 
 
 
 
 
 
Minimum lot size
(sq. ft.)
9,000
9,000
single
9,000
single
5,000
2,500
10,000
5,000
D.U.
3,000
D.U.
None
None
 
 
12,000
duplex
12,000
duplex
 
 
 
 
 
 
 
 
 
 
6,000
D.U. multi
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Height (ft.)
35
35
35
35
65
65
35
35
None
None
 
 
 
 
 
 
 
 
 
 
 
Min. lot width (ft.)
80
80
single
60
50
None
None
50
25
None
None
 
 
100
duplex
 
 
 
 
 
 
 
 
 
NOTE: This summary is intended for a quick reference only. Many of the items on this summary are subject to additional qualifications and limitations. The full text of the zoning ordinance should be consulted in each instance, and shall control over this summary.
(Ord. 93-11, 6-14-1993)