Before any building or other structure or part thereof shall be erected, constructed, reconstructed, enlarged, moved or structurally altered, and before the use of any building, structure or land is changed within the Village, a zoning certificate shall be obtained from the Zoning Officer 1 . (Ord. 91-341, 4-2-1991)

This Title shall apply to all buildings, structures, land and uses of land within the Village. All structures and land uses constructed or commenced hereafter and all enlargements of, additions to, changes in or relocations of existing structures or uses occurring hereafter shall be subject to this Title. Existing structures and uses which do not legally comply with the regulations of this Title shall be allowed to continue subject to the provisions of Chapter 6 of this Title relating to legal nonconformances. (Ord. 91-341, 4-2-1991)

This Title shall not apply to the installation and use of public utility facilities, which are local in nature, such as but not limited to poles, wires, conduits, and vaults. However, any such facilities shall be subject to the terms and conditions of the respective franchise ordinance and all other Village Code provisions. This Title shall apply to any such facilities, which are not strictly local in nature, such as but not limited to regional transmission lines, regional trunk lines, or other such facilities. In addition, this Title shall also apply to all above ground buildings, such as but not limited to utility substations, lift stations, and well houses. Any public utility facility, which is not exempt from this Title by virtue of this Section, shall require a conditional use permit. (1996 Code)

In order to carry out the purposes and provisions of this Title, the Village is hereby divided into the following districts:

   A.   Residential Districts:

      1.   Purpose: The residential district regulations set forth are established in order to achieve the intent and purpose of this Title, generally, and the following specific purposes:

         a.   To protect against fire, explosion, noxious fumes, offensive odors, noise, smoke, vibrations, dust, heat, glare, visual nuisances and other objectionable factors.

         b.   To protect against undue congestion of public streets and other public facilities by controlling density of population through regulations of lots and the bulk of buildings.

         c.   To provide for ample light and air to buildings and the windows thereof.

         d.   To provide for usable open space on the same zoning lot with the building improvement; including such provisions as cluster development procedures.

         e.   To protect those natural resources which are an asset to residential areas.

         f.   To promote best use and development of residential land in accordance with a comprehensive land use plan, to promote stability of residential development, to protect the character of desirable development and to protect the value of land and improvements and so strengthen the economic base of the village. (Ord. 91-341, 4-2-1991)

      2.   Residential Districts Established: The following residential districts are established:

 

 

   (Ord. 97-476, 4-15-1997)

      3.   Boundaries:

         a.   Southeast District: The southeast district was created for the areas which were largely developed prior to their annexation during the period of 1997 through 2004 and is geographically limited to the area southerly of Sharon Avenue, easterly of the Union Pacific Railroad right of way (south of Wadsworth Road), easterly of Northwestern Avenue (north of Wadsworth Road), westerly of Bayonne Avenue (south of Wadsworth Road), westerly of Belle Plaine Avenue (north of Wadsworth Road) and northerly of Beach Road, as depicted on the Wadsworth zoning map.

         b.   Southeast District: The area that was annexed in 2004 and 2005 that was previously platted and developed and is geographically limited to the area southerly of 27th Street, easterly of Sunset Road, westerly of Bayonne Avenue, and northerly of the lots on the south side of 29th Street, as depicted on the Wadsworth zoning map. (Ord. 2009-794, 11-3-2009)

   B.   Business Districts:

      1.   Purpose: The business district regulations set forth herein are established to achieve the intent and purpose of this title, generally, and the following specific purposes:

         a.   To promote the most desirable use of land in accordance with a well considered plan so that adequate space is provided in appropriate locations for the various types of business uses, thereby protecting and strengthening the economic base of the village.

         b.   To place in separate districts those businesses which may create noise, odors, hazards, unsightliness or which may generate heavy traffic in accordance with the intent of the comprehensive plan.

         c.   To permit selected businesses of an outdoor recreational nature to locate in districts in close proximity to large public outdoor recreation facilities so that the facilities and services of each enhances the other and to restrict intensive commercial activity to a complementary service or accessory role.

         d.   To provide for the establishment of off street parking facilities, permitted and required, so as to alleviate traffic congestion and so promote shopping convenience and business prosperity.

         e.   To provide for the further development and expansion of the central business district and the redevelopment of surrounding areas with a compatible mixture of residential and restricted business uses.

      2.   Business District Established: The following business districts are established:

 

 

   C.   Industrial Districts:

      1.   Purposes: The industrial districts set forth herein are established to achieve the purpose and intent of this title, generally, and the following specific objectives:

         a.   To protect established residential areas and the health of families living therein by restricting those nearby industrial activities which may create offensive noise, vibration, smoke, dust, odors, heat, glare, fire hazards, excessive traffic and other objectionable influences.

         b.   To provide adequate space in appropriate locations for light industrial uses and related activities so that the economic structure of the community may be strengthened and that employment opportunities may be found in the interest of public prosperity and welfare.

         c.   To provide space for manufacturing activities in locations accessible to rail and highways so that movement of raw materials, finished products and employees can be carried on efficiently and with a minimum danger to public life and property.

         d.   To establish proper standards of performance which will restrict obnoxious industrial activities while, at the same time, encourage and permit the industrial activities which have adopted facilities for the processing of finished products without adversely affecting the health, happiness, safety, convenience and welfare of the people living and working in nearby areas.

         e.   To protect industrial districts from incompatible uses of land by prohibiting the use of such space for new residential development thereby preserving the land for a more appropriate use.

         f.   To promote the most desirable use of land in accordance with a well considered plan of land use for all of the village, to conserve the use of property, to promote stability of industrial activities and related development, and to protect the character and established development in each area of the community, to enhance and stabilize the value of land and to protect the tax base of the village. (Ord. 91-341, 4-2-1991)

      2.   Industrial Districts Established: The following industrial districts are established:

 

 

   (Ord. 2004-651, 2-17-2004)

   D.   Public Land District:

      1.   Purpose: The public land district is established herein to achieve the purposes and intent of the official comprehensive plan and of this title generally and for the following specific purposes:

         a.   To clearly separate the zoning of large public open areas from the zoning of adjacent private land so that the zoning of the public land does not become an issue in the determination of the proper rezoning of private land.

         b.   To better implement the comprehensive plan as it relates to the open space holdings of other units of government.

      2.   Public Land District Established: The following public land district is hereby established:

 

 

   E.   Overlay Districts:

      1.   Purpose: The overlay districts set forth herein are established to achieve the purpose and intent of the official comprehensive plan and of this title, generally, and for the following specific objectives:

         a.   To preserve the present rural landscape and appearance of the village and surrounding areas as the village changes from a farming community to a more balanced, mixed use suburban community.

         b.   To provide for the preservation of certain rural use areas of historical significance to the Wadsworth community and the surrounding unincorporated communities of Rosecrans and Russell.

         c.   To provide for the direct and orderly transition from farming and other rural pursuits to technology based office and scientific research activities.

         d.   To modify the type and character of uses permitted in the underlying district(s) within the geographic boundaries of the overlay district either by restricting the number and type of uses permitted or by allowing additional uses.

         e.   To establish standards for new development and for the preservation and protection of existing development and/or natural scenic areas.

         f.   To establish procedures for the review and approval of development proposals in accordance with the standards applicable in both the zoning district and the overlay district. (Ord. 91-341, 4-2-1991)

      2.   Overlay Districts Established: The following overlay districts are established:

 

 

   (Ord. 91-341, 4-2-1991; amd. Ord. 2013-898, 6-18-2013)

There shall be two (2) zoning maps established for the village, i.e., the zoning map and the overlay district map. The locations and boundaries of the districts established herein are shown upon the zoning map which is hereby incorporated in this title. The zoning map, together with all notations, references and other information shown thereon and all amendments thereto, shall be a part of this title and shall have the same force and effect as if the zoning map, together with all notations, references and other information shown thereon were fully set forth and described herein.

The locations, boundaries, and widths of overlay districts established above are shown on the overlay district map which is hereby incorporated into this title. The overlay district map, together with all notations, references and other information shown thereon and all amendments thereto shall be a part of this title and shall have the same force and effect as if the overlay district map, together with all notations, references and other information shown thereon were fully set forth and described herein.

   A.   Boundary Lines: Whenever any uncertainty exists as to the boundary of any district as shown on the zoning maps incorporated herein, the following rules shall apply:

      1.   Where the district boundary is indicated as following or approximately following the municipal boundary it shall be considered as following that boundary.

      2.   Where district boundary lines are indicated as following streets, alleys or similar rights of way, they shall be construed as following the center lines thereof except that where such street lies along the Municipal boundary, the district boundary shall be construed as following the Municipal boundary.

      3.   Where district boundary lines are indicated as following or as approximately following lot lines, such lot lines shall be construed to be such boundaries.

      4.   Boundaries shown as following or approximately following the center lines of streets, rivers or other flowing water courses shall be construed as following the channel center line of such courses taken at mean low water, and in the event of a natural change in the location of such streams, rivers or other water courses the zone boundary shall be construed as moving with the channel center line.

      5.   Where a lot (as distinguished from acreage) held in one ownership and of record at the effective date of this Title is divided by a district boundary line, the lot shall be construed as being in the district containing the larger portion of the lot. If the Zoning Administrator cannot determine a "larger" portion then the lot shall be construed as being in the more restrictive district.

      6.   In unsubdivided property, unless otherwise indicated, the district boundary line on the map accompanying and made a part of these regulations shall be determined by the use of the scale contained on such maps.

   B.   Zoning Of Streets And Other Rights Of Way: All streets, alleys, public ways and railroad rights of way, if not otherwise specifically designated, shall be deemed to be in the same zone as the property immediately abutting upon such alleys, streets, public ways and railroad rights of way. Where the center line of a street, alley, public way or railroad right of way serves as a district boundary, the zoning of such areas, unless otherwise specifically designated, shall be deemed to be the same as that of the abutting property up to such center line which are shown to be within scenic corridors shall be the center lines of such Scenic Corridor Overlay Districts.

   C.   Inspection Of Official Copy: An official copy of the zoning map shall be maintained in the Village Hall. The official copy shall have posted thereon all changes in the map authorized by action of the Board of Trustees within one week of the effective date of such action. Such map shall be available for inspection during normal business hours at the Village Hall.

   D.   Changes: If by amendment to the this Title, any zone boundary as shown on the Official Zoning Map or any other matter shown thereon, is changed by the action of the Village Board, such change shall be promptly indicated on the Official Zoning Map by the Village, together with the date of passage of the amendment and sufficient written description to give a precise understanding of the change. Every change shall be certified by the Clerk.

   E.   Publication: Once each year the zoning map, together with all changes which have occurred since the effective date of the last publication. shall be published as provided by the statute. (Ord. 91-341, 4-2-1991)

Land which may be annexed to the Village hereafter and which is not shown on the zoning maps shall be classified as AG Agricultural District until such time as the Village Board designates a different classification in accordance with the provisions of this Title or shall be classified as one of the other districts established above in accordance with an annexation agreement with the Village following a public hearing as provided by law. Annexed land lying within an overlay district as shown on the Overlay District Map shall be subject to the regulations of the overlay district from the time of its annexation. (Ord. 91-341, 4-2-1991)

There shall be only one principal use (together with permitted accessory uses) on a zoning lot except that in the LI, B, or OR Districts, multiple principal uses may be permitted as a conditional use in a building or buildings designed to house multiple principal uses, subject to the terms and conditions of the conditional use permit. More than one zoning lot may be combined to create a multiple principal use activity, such as a mall, pursuant to a conditional use permit, subject to the terms and conditions of the conditional use permit. (Ord. 94-411, 11-1-1994)

   A.   Residential District: In any residential district, every principal building hereafter erected or structurally altered shall be located on a zoning lot as herein defined and in no case shall there be more than one such building on one zoning lot. Accessory buildings and uses are only permitted on the same zoning lot as the principal building or use to which they are accessory.

   B.   Districts Other Than Residential: In any district other than a residential district, more than one principal building devoted to the same principal use may be permitted on a zoning lot subject to the regulations for conditional uses and following the issuance of a conditional use permit. All principal buildings or uses within the B, CR, OR or LI Districts shall be of conventional construction, including a concrete slab floor and concrete foundation. Temporary or semipermanent buildings such as pole barns are prohibited. Accessory buildings and uses are only permitted on the same zoning lot as the principal buildings or use to which they are accessory.

   C.   LI, OR, Or B Districts: In the LI, OR, or B Districts, multiple principal uses in multiple principal use buildings, may be permitted by conditional use permit on a zoning lot or combinations of zoning lots developed in such a fashion to be conducive to multiple uses, such as a regional mall, subject to the terms and conditions of the conditional use permit. (Ord. 94-411, 11-1-1994)

No zoning lot shall be divided or separated so that either the remaining lot or any new lot or lots is a nonconforming lot or is a lot which as a result of such division contains a nonconforming building or structure or a nonconforming use. (Ord. 91-341, 4-2-1991)

Existing, contiguous nonconforming lots of record held in common ownership shall be combined to form a conforming zoning lot or a more conforming lot. (Ord. 91-341, 4-2-1991)

Except, or as otherwise provided for in this Title in planned unit developments, every building shall be constructed or erected upon a lot or parcel of land which abuts upon and has access to a public street. (Ord. 91-341, 4-2-1991)