The intent of this chapter is to create a series of zones of such number and character as are necessary to achieve compatibility of uses within each zone, to implement the Comprehensive Plan, and to complement the Official Zoning Map of the village.

(1978 Code, § 5-2-1)

For the purposes of the Zoning Code, all land and water areas in the municipality are divided into the following zones.

(a)

Residential 1 (R1). The R1 Zone is established to provide a low density area in which the principal use of land is for single-family residences. These areas do not require community water supply or sewage disposal facilities.

(b)

Residential 2 (R2). The R2 Zone is established to provide areas for single-family dwellings in areas where community water supply and sewage disposal facilities essential to public health are available or can be made available in the near future.

(c)

Residential 3 (R3). The R3 Zone is established to provide areas for single-family and 2-family dwellings, at slightly higher densities than the R2 Zone, in areas where community water supply and sewage disposal facilities essential to public health are available or can be made available.

(d)

Residential 4 (R4). The R4 Zone is established to provide the full range of residential housing types in a higher density environment where all of the facilities for urban living, including community sewer and water facilities, are available.

(e)

Residential 5 (R5). The R5 zone is established to provide higher density urban living in certain particularly desirable areas where all of the facilities for urban living, including community sewer and water facilities, are available.

(f)

Residential Senior Housing (RSH). The RSH zone is established to provide a limited zone which shall restrict the use of property only to the construction of facilities for group living specifically and only for senior citizens. For purposes of this chapter, group living shall mean a specifically planned, designed and managed apartment house, with self-contained apartments, where supportive services, such as meals, housekeeping, transportation, social and recreational activities may be provided, and continuous on site personal or medical care may be provided upon application and receipt of a conditional use permit as provided in sections 155.042 and 155.095 of this code. For purposes of this chapter, senior citizen shall mean any person over 55 years of age.

(g)

Office and Research (OR) Zone. The Office and Research (OR) Zone is established to provide areas for offices and research laboratories generally adjacent to primary highways and extensively abutting residential zones. It is not intended to permit retail commercial, industrial or like uses in this zone. Other needs of the area may be permitted within the zone as conditional uses subject to restrictions intended to preserve and protect their compatibility with regularly permitted uses and adjacent uses in other zones. The uses should be of the type that will maintain the residential environment of the adjacent residential zone(s).

(h)

Commercial Recreation (CR). The CR zone is established to provide for commercial operation of recreation oriented businesses in areas which are particularly suitable for recreation.

(i)

Central Business (CB). This business zone is established to provide pedestrian oriented areas for retail establishments which offer a wide range of goods and services.

(j)

General Business (GB). This business zone is established to provide areas for commercial establishments which cater to the needs of motorists in addition to providing areas for retail establishments which offer a wide range of goods and services.

(k)

Retail Business (RB). The purpose of the Retail Business district is to facilitate opportunities for the blending of pedestrian-friendly development that may include a mix of land uses including: retail, office, or service uses on the first floor and possible offices and/or residential uses on multiple floors above.

(l)

Limited Industrial (LI). This industrial zone is established to provide areas for light industrial, office and administrative uses, having few, if any, adverse effects on neighboring properties.

(m)

Agriculture (AG). The AG zone is established as a zone in which agriculture and certain related uses are encouraged as the principal use of land.

(Ord. 1969-O-1, passed 1-21-1969; 1978 Code, § 5-2-2; Ord. 1978-ZO-18, passed 7-18-1978; Ord. 1981-ZO-20, passed 12-15-1981; Ord. 2003-ZO-07, passed 4-1-2003; 2012-ZO-43, passed 8-6-2012; Ord. 2012-ZO-58, passed 11-20-2012)

Principal uses permitted in zones shall be as listed hereinafter in Table 1 of this section, except as hereinafter provided:

(a)

No building shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any building or land be used except for a purpose permitted in the district in which the building or land is located;

(b)

No building shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit herein established for the district in which the building is located;

(c)

No building shall be erected, converted, enlarged, reconstructed or structurally altered except in conformity with the area regulations of the district in which the building is located;

(d)

The minimum yards and other open spaces, including lot area per family, required by this chapter for each and every building existing at the time of the effective date hereof or for any building hereafter erected shall not be encroached upon or considered as yard or open space requirements for any other building;

(e)

Every building hereafter erected or structurally altered shall be located on a lot, as herein defined, and in no case shall there be more than one main building on one lot unless otherwise provided in this chapter.

(f)

In the RB District, the following list of permitted uses, designated in Table 1 with an "X," may be allowed as permitted uses when located in a building with a floor area of less than 10,000 square feet; or may be allowed with a conditional use permit when located in a building with a floor area of 10,000 square feet or greater. Any use established or building constructed pursuant to a conditional use permit with a building floor area of 10,000 square feet or greater may be changed to another permitted use without an additional conditional use permit, but any change to a new conditional use shall require a new conditional use permit. All conditional uses, designated in Table 1 with a "C," shall require a conditional use permit prior to occupancy regardless of building square footage. Any use of property that constitutes a conditional use, such as being open 24 hours per day, having drive through service, having external speakers, having only one employee after 10:00 p.m. and before 6:00 a.m., or having outdoor overnight storage, shall require a conditional use permit.

(1978 Code, § 5-2-3; Ord. 1969-O-1, passed 1-21-1969; Ord. 74-ZO-14, passed 7-16-1974; Ord. 1978-ZO-18, passed 7-18-1978; Ord. 1981-ZO-20, passed 12-15-1981; Ord. 1987-O-16, passed 5-5-1987; Ord. 1988-ZO-01, passed 1-5-1988; Ord. 1994-ZO-15, passed 4-5-1994; Ord. 1995-ZO-32, passed 9-19-1995; Ord. 1996-ZO-35, passed 8-20-1996; Ord. 1997-ZO-04, passed 2-4-1997; Ord. 1999-ZO-40, passed 10-19-1999; Ord. 2003-ZO-07, passed 4-1-2003; Ord. 2004-ZO-02, passed 1-20-2004; Ord. 2004-ZO-50, passed 10-28-2004; Ord. 2007-ZO-34, passed 7-24-2007; Ord. 2008-ZO-21, passed 4-1-2008; Ord. 2012-ZO-21, passed 5-15-2012; Ord. 2012-O-43, passed 8-6-2012; Ord. 2014-ZO-07, passed 4-15-2014; Ord. 2015-O-40, passed 11-17-2015; Ord. 2019-ZO-24, passed 12-17-2019; Am. Ord. 2023-O-28, passed 12-5-2023; Am. Ord. 2023-ZO-29, passed 12-5-2023)

(a)

Lot area. Any principal use together with all accessory uses shall be located on a lot having a minimum area as shown in column 3, table 2 of this section. The minimum lot area for apartment houses and attached dwellings shall be the sum of the lot area requirement for the first dwelling unit plus the lot area requirement for the second dwelling unit plus the lot area requirement for each additional dwelling unit as shown in column 3, table 2 of this section.

(b)

Lot width. Each lot shall have a width at the building setback line as shown in column 4, table 2 of this section. The minimum lot width for apartment houses and attached dwellings shall be the sum of the lot width requirement for the first dwelling unit plus the lot width requirement for the second dwelling unit plus the lot width requirement for each additional dwelling unit as shown in column 4, table 2 of this section.

(c)

Front yard. Each lot shall have a front yard not less than as shown in column 5, table 2 of this section; except as otherwise provided under nonconforming recorded lots.

(d)

Rear yard. Each lot shall have a rear yard not less than as shown in column 6, table 2 of this section; except as otherwise provided under nonconforming recorded lots.

(e)

Side yards. Each lot shall have two side yards, the total of which is not less than that shown in column 7, table 2 of this section. No side yard shall be less than the minimum side yard shown in column 8, table 2 of this section; except as otherwise provided in the notes to table 2 of this section and under nonconforming recorded lots.

(f)

Yards abutting streets. Any side or rear yard which abuts a street shall be not less than as shown in column 9, table 2 of this section; except as otherwise provided under nonconforming recorded lots.

(g)

Yards abutting residential zones. Any side or rear yard abutting a residential zone shall be not less than as shown in column 10, table 2 of this section.

(h)

Lot coverage. The total ground area occupied by any principal building together with all accessory buildings shall not exceed the percent of the total area of the lot shown in column 11, table 2 of this section.

(i)

Impervious surface coverage. The total ground area occupied by any hard surface, inclusive of lot coverage, shall not exceed the percent of the total area of lot shown in column 12, table 2 of this section.

(j)

Rear yard coverage. The total ground area occupied by any hard surface, exclusive of the rear yard, shall not exceed the percent of the total area of the rear yard shown in column 13, table 2 of this section.

(k)

Floor area ratio. The combined floor area ratio for any principal building together with all accessory buildings shall not exceed the ratio shown in column 14, table 2 of this section; except as specifically provided otherwise in the notes to table 2 of this section.

(l)

Height of principal building. No principal building or structure shall exceed the height restrictions in feet as shown in column 15, table 2 of this section, or the height restrictions in stories as shown in column 16, table 2 of this section; except as specifically provided otherwise in the notes to table 2 of this section.

(m)

Height of accessory structures. No accessory building or structure shall exceed the height in feet shown in column 17, table 2 of this section, or the height in stories in column 18, table 2 of this section.

(Ord. 1969-O-1, passed 1-21-1969; Ord. 75-ZO-19, passed 10-7-1975; 1978 Code, § 5-2-4; Ord. 1978-ZO-18, passed 7-18-1978; Ord. 80-O-19, passed 9-16-1980; Ord. 1981-ZO-20, passed 12-15-1981; Ord. 1985-ZO-20, passed 8-6-1985; Ord. 88-ZO-3, passed 1-5-1988; Ord. 2003-ZO-07, passed 4-1-2003; Ord. 2015-O-40, passed 11-17-2015; Ord. 2016-ZO-18, passed 4-5-2016; Ord. No. 2023-ZO-01, § I(Exh. A, B), 1-17-2023)

Cross reference— Nonconforming recorded lots, see § 155.076

(a)

Property newly annexed to the village by petition of the property owners shall appear on the Zoning Map of the village in zoning district R-1 Residential.

(b)

Property annexed without the voluntary petition of the property owners, as in the case of property completely surrounded by and contiguous to the village, and in other statutory situations, shall appear on the Zoning Map of the village in the R-1 District, provided as follows:

(1)

Within 14 days after annexation the corporate authorities shall give notice to the person in whose name the property so annexed was last assessed of record for tax purposes;

(2)

The person so notified has the right to file a written petition for a zoning change, but such written petition must be made within 104 days after the date of passage of the annexation ordinance. The contents of the petition are the obligation of the petitioner and a hearing shall be held before the Zoning Board of Appeals and then the Village Board as in the case of all other amendments. The cost of all publication and the cost of all hearings shall be paid by the village without charge to the property owner so affected. The Zoning Board of Appeals shall be obliged to give notice to all persons assessed of record. The burden of proof for the proposed zoning amendment shall be on the petitioner, but the Zoning Board and the Village Board shall take into consideration the zoning under county law and the use being made of the property prior to its annexation to the village.

(1978 Code, § 5-2-5; Ord. 86-O-39, passed 10-7-1986)