(a)

Designation. For the purpose of this chapter, the village is hereby divided into zoning districts that shall be designated as follows:

(1)

C-1 Conservancy Overlay District.

(2)

EC Environmental Corridor Overlay District.

(3)

HG High Groundwater Overlay District.

(4)

SHO Shoreland Zoning Overlay District.

(5)

A-1 Agriculture District.

(6)

R-E Residence-Estate District.

(7)

R-SE Residence-Suburban Estate District.

(8)

R-1 Residence-Single-Family District.

(9)

R-2 Residence-Single-Family District.

(10)

R-3 Residence-Single-Family District.

(11)

R-4 Residence Single-Family District.

(12)

P-1 Park, Recreation and Public District.

(13)

B-1 Restricted Business District.

(14)

B-2 Local Business District.

(15)

B-3 General Business District.

(16)

I-1 Limited Industrial District.

(17)

I-2 General Industrial District.

(Amend. of 1-9-2025)

(a)

District map. The boundaries of said districts are shown on a map designated as the zoning map of the village and is made part of this chapter. All notations, references and other information shown thereon shall be as much a part of this chapter as if the matters and information set forth by said map were all fully described herein. The map shall be kept on file in the offices of the village and the copy attached hereto is correct only as of the date of publication and is for general informational purposes only.

(b)

Determination of boundaries. In determining the exact boundaries of the various districts as shown on the zoning map, the following rules shall apply:

(1)

Unless otherwise specifically indicated on the map, the district boundaries are lot lines; section, quarter section or sixteenth section lines; the centerlines of streets, highways, railways, or alleys; and where the districts designated on the map are bounded approximately by such lines, they shall be construed to be the boundary of such district.

(2)

The boundaries of conservancy districts as drawn are intended to represent the edge of swamp, marsh, and floodland or the high water line along a stream or watercourse and shall be finally determined by the village plan commission and village board by the actual field conditions in each specific situation. Boundaries of conservancy districts that include wetlands shall be field staked by the Southeastern Wisconsin Regional Planning Commission or village-approved botanist and placed on a map by a registered land surveyor. The village board shall review and approve the wetland delineations.

(3)

In all other cases not covered by the foregoing, the boundaries shall be determined by use of the scale of the zoning map.

(Amend. of 1-9-2025)

(a)

Purpose. The primary purpose of this overlay district, as mapped or intended to be mapped, is to preserve, protect, and enhance the streams, intermittent streams, and wetland areas in the village. If an infield determination finds that all or a portion of a property within the C-1 Conservancy Overlay District is erroneously mapped, the field-determined boundaries shall immediately become subject to the applicable district regulations. The regulation of this C-1 Conservancy Overlay District will serve to maintain and improve water quality, both groundwater and surface water; prevent flood damage; protect wildlife habitat; prohibit the location of structures, except as noted below, on soils which are generally not suitable for such use; protect natural watersheds; protect existing natural woodlands; and protect the natural recreational resources of the village.

(b)

Use regulations.

(1)

Permitted uses. The following uses are permitted in this overlay district, provided they do not involve dumping, filling, indiscriminate woodland clearing, or any other activity that would substantially disturb or impair the natural fauna, flora, watercourses, water regimen, woodlands, or topography:

a.

Farming and related agricultural uses, not including the erection of buildings or structures.

b.

The harvesting of any wild crops such as marsh hay, ferns, moss, berries, tree fruits and tree seeds.

c.

Grazing.

d.

Forest and game management, and sustained yield forestry.

e.

Hunting and fishing, unless prohibited by other ordinances or laws.

f.

Navigation and boat landing sites.

g.

Wilderness areas and wildlife preservation and refuges.

h.

Hiking and nature trails.

i.

Telephone, telegraph and power transmission lines.

(2)

Other permitted uses requiring permits and/or approvals. The following uses are permitted in this overlay district, provided the project has received all the necessary approvals and/or permits from the village, Waukesha County Land Conservation Division, Army Corps of Engineers and/or the Wisconsin Department of Natural Resources (WDNR): Maintenance, repair, replacement, reconstruction or new construction of village, county and state streets, highways and bridges, and normal driveway construction and related bridges that are necessary in order to provide access to a property or structure, including limited excavating and filling as necessary, provided such facilities are deemed essential or provided that failure of existing streets, driveways and bridges would endanger public health or safety. State department of natural resources and Army Corps of Engineer permits must be obtained for all private driveways and bridges located in the conservancy district.

(3)

Conditional uses. Commercial and residential ponds, et al.

(c)

Location, height and area. Building location, height regulations, and area requirements are based on the underlying zoning district.

(d)

Structures and buildings. None permitted, unless accessory to the principal use and a conditional use permit for the structure or building has been approved. No structure or building shall be utilized for human habitation.

(Amend. of 1-9-2025)

(a)

Purpose. The primary purpose of this overlay district, as mapped or intended to be mapped, includes non-wetland/floodplain primary or secondary environmental corridors and isolated natural resource areas, as defined herein, and is intended to be used to preserve, protect, enhance, and restore significant woodlands, upland wildlife habitat areas, scenic overlooks, slopes exceeding 12 percent, and upland wooded areas, while also affording an opportunity to use the site for the limited residential purposes. Where questions arise as to the exact location of boundary of an environmental corridor, the extent and location of such corridor shall be finally determined by infield investigation by the Southeastern Wisconsin Regional Planning Commission (SEWRPC) biologist (or his designee). If an infield determination finds that all or a portion of a property within the EC Environmental Corridor Overlay District is erroneously mapped, the field-determined boundaries shall immediately become subject to the applicable district regulations.

(b)

Use regulations.

(1)

Permitted uses.

a.

Any use permitted in the C-1 Conservancy Overlay District.

b.

One-family dwellings.

c.

Home occupations and professional offices, as defined in this chapter, when incident to the residential use and when situated in the same dwelling.

(2)

Conditional uses. Commercial and residential ponds, et al.

(c)

Location, height and area. Building location, height regulations, and area requirements are based on the underlying zoning district.

(d)

Lot size.

a.

Minimum parcel size. Five acres, except that for EC lands that lie within a larger parcel or tract of land, the remainder of which is zoned in any other district, said parcel shall comply with the minimum lot size and lot width requirement of the non EC district. Parcels or tracts of land which lie partially within and partially outside of the EC Environmental Corridor Overlay District, the area of disturbances shall be limited to the area outside of the EC Environmental Corridor Overlay District, excluding any means required to access the area outside of the EC Environmental Corridor Overlay District. (i.e., driveway access), unless otherwise expressly permitted by a building envelope shown on the certified survey map, subdivision plat or other deed restriction subject to review and written approval of the village board and recorded with the county register of deeds office.

b.

Minimum width. 300 feet.

(Amend. of 1-9-2025)

(a)

Application. This overlay district is intended to apply to those lands that are mapped as having hydric soil conditions (depth to groundwater of one foot or less) according to the Soil Survey of Milwaukee and Waukesha Counties published by the USDA Soil Conservation Service. Many of these lands contain wetlands and floodplains and, accordingly, are mapped with a C-1 Conservancy Overlay District designation. Other lands with such soil conditions are presently in agricultural use by virtue of either cultivation, pasture or in some other way, and which if they were not being used for agricultural purposes, would be classified as conservancy lands due to inherent wet soil characteristics and the presence of natural vegetation indicative of wet soils.

(b)

Purpose. The intent of this overlay district is to preserve and maintain agricultural or open space uses on lands suited for such purposes. These lands are generally poorly suited for urban or suburban development, while lands outside of wetlands are typically better suited for some type of agricultural use. In this overlay district structures related to farm operations, including existing dwellings, are deemed consistent with the purpose and intent of this section where the location of buildings associated with the permitted agricultural operation are found to conform with health, sanitation and safety provisions of this and any other state regulation or local ordinance. The intent for mapping purposes is that lands within this overlay district shall have exhibited agricultural uses in the past. It is not the intent of this section to promote or permit the conversion of wetlands.

(c)

District. Where on-site evaluation of soil conditions by a certified soil scientist reveals that soils mapped by the USDA as being hydric are found to be erroneously mapped, the land zoned HG High Groundwater Overlay District shall immediately become subject to the district regulations of the zoning district that is mapped on the balance of the property. If no other zoning district has previously been established on another part of the parcel, the lands shall be zoned as used administratively by the village zoning administrator.

(d)

Use regulations. The following use regulations shall apply in the HG district:

(1)

Permitted uses: Any use permitted in the EC Environmental Overlay District.

(2)

Conditional uses: Commercial and residential ponds, et al.

(e)

Location, height and area. Building location, height regulations, and area requirements are based on the underlying zoning district.

(f)

Lot size.

(1)

Minimum parcel size: Five acres, except that for HG lands that lie within a larger parcel or tract of land, the remainder of which is zoned in any other district, said parcel shall comply with the minimum lot size and lot width requirement of the non-HG district.

(2)

Minimum width: 300 feet.

(Amend. of 1-9-2025)

(a)

Statutory authorization, findings of fact, statement of purpose and title.

(1)

Statutory authorization. This ordinance is adopted pursuant to the authorization in Wis. Stats. §§ 61.35 and 61.353.

(2)

Finding of fact and purpose. Uncontrolled use of shorelands and pollution of the navigable waters of the village would adversely affect the public health, safety, convenience, and general welfare and impair the tax base. The Legislature of Wisconsin has delegated responsibility to all municipalities to:

a.

Promote the public health, safety, convenience and general welfare;

b.

Limit certain land use activities detrimental to shorelands; and

c.

Preserve shore cover and natural beauty by controlling the location of structures in shoreland areas.

(b)

General provisions.

(1)

Compliance. The use of shorelands within the shoreland area of the village shall be in full compliance with the terms of this ordinance and other applicable local, state or federal regulations. All permitted development shall require the issuance of a zoning permit unless otherwise expressly excluded by a provision of this ordinance.

(2)

Municipalities and state agencies regulated. Unless specifically exempted by law, all cities, villages, towns, and counties are required to comply with this ordinance and obtain all necessary permits. State agencies are required to comply if Wis. Stat. § 13.48(13) applies.

(3)

Abrogation and greater restrictions.

a.

This ordinance supersedes all the provisions of any other applicable village ordinance except that where another village ordinance is more restrictive than this ordinance, that ordinance shall continue in full force and effect to the extent of the greater restrictions, but not otherwise.

b.

This ordinance is not intended to repeal, abrogate or impair any existing deed restrictions, covenants or easements. However, where this ordinance imposes greater restrictions, the provisions of this ordinance shall prevail.

(4)

Interpretation. In their interpretation and application, the provisions of this ordinance shall be held to be minimum requirements and shall be liberally construed in favor of the Village and shall not be deemed a limitation or repeal of any other powers granted by the Wisconsin Statutes or Wisconsin Constitution.

(5)

Severability. Should any portion of this ordinance be declared invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected.

(6)

Applicability of shoreland regulations. The Shoreland Zoning District regulations apply only to the following shorelands:

a.

A shoreland that was annexed by the Village of Waukesha after May 7, 1982, and that prior to annexation was subject to a county shoreland zoning ordinance under Wis. Stat. § 59.692; and

b.

A shoreland that before incorporation by the Village of Waukesha was part of a town that was subject to a county shoreland zoning ordinance under Wis. Stat. § 59.692 if the date of incorporation was after April 30, 1994.

(6.1)

District boundaries. The Shoreland District areas regulated by this ordinance shall include all the lands (referred to herein as shorelands) in the Village of Waukesha that are:

a.

Within 1,000 feet of the ordinary highwater mark of navigable lakes, ponds or flowages. Lakes, ponds or flowages shall be presumed to be navigable if they are listed in the Wisconsin Department of Natural Resources Surface Water Data viewer available on the DNR website, or are shown on United States Geological Survey quadrangle maps or other zoning base maps.

b.

Within 300 feet of the ordinary highwater mark of navigable rivers or streams, or to the landward side of the floodplain, whichever distance is greater. Rivers and streams shall be presumed to be navigable if they are designated as continuous waterways or intermittent waterways on United States Geological Survey quadrangle maps. Flood hazard boundary maps, flood insurance rate maps, flood boundary-floodway maps, county soil survey maps or other existing county floodplain zoning maps shall be used to delineate floodplain areas.

c.

Determinations of navigability and ordinary highwater mark location shall initially be made by the zoning administrator. When questions arise, the zoning administrator shall contact the appropriate district office of the Wisconsin Department of Natural Resources for a final determination of navigability or ordinary highwater mark.

d.

Pursuant to Wis. Stats. §§ 61.353(7) or 62.233, the Shoreland Zoning District does not include lands adjacent to an artificially constructed drainage ditch, pond, or retention basin if the drainage ditch, pond or retention basin is not hydrologically connected to a natural navigable water body.

(6.2)

Effect of existing land division, sanitary, zoning and other regulations. The lands within the Shoreland Zoning District are subject to all applicable provisions of the Village of Waukesha Code of Ordinances. Where the provisions of this ordinance are more restrictive than other regulations in the Code of Ordinances, the provisions of this ordinance shall apply.

(c)

Setbacks from water.

(1)

Building and structure setbacks. All buildings and structures shall be set back at least 75 feet from the ordinary high water mark, except as follows:

a.

Piers may be erected on the bed of navigable waters pursuant to Chapter 30 of the Wisconsin Statutes.

b.

Structures that meet all of the following requirements is permitted subject to issuance of a zoning permit:

1.

The part of the structure that is nearest to the water is located at least 35 feet landward from the ordinary high water mark.

2.

The total floor area of all structures in the shore setback area of the property shall not exceed 200 square feet.

3.

The structure has no sides or has open or screened sides.

c.

Piers may be erected on the bed of navigable waters pursuant to Chapter 30 of the Wisconsin Statutes.

d.

A single stairway, rail system or walkway, determined by the zoning administrator, due to steep topography or severe soil limitations, to be necessary for access to a navigable waterway, shall be exempt from the shore setback requirements provided the width of the stairway, rail system or walkway does not exceed five feet, subject to the issuance of a zoning permit. If the walkway is proposed in an area designated as wetland, the walkway shall be constructed on pilings. If the walkway is proposed in an area designated as floodplain, it shall comply with the standards in the village floodplain ordinance.

e.

Utility transmission and distribution lines, poles, towers, water towers, pumping stations, well pump house covers, private on-site wastewater treatment systems that comply with Ch. SPS 383, Wis. Admin. Code, and other utility structures that have no feasible alternative location outside of the minimum setback and that employ best management practices to infiltrate or otherwise control stormwater runoff from the structure.

f.

Devices or systems used to treat runoff from impervious surfaces.

g.

Principal building setback averaging. Where there is a development pattern with principal structures having shore setbacks less than 75 feet from the ordinary high water mark of a navigable waterway, the setback requirements for principal structures shall be allowed to be reduced in accordance with the following setback averaging formulas:

1.

Where there are existing principal structures on each side, the shore setback shall equal the average of the distances that the two existing principal structures are set back from the ordinary high water mark.

(i)

Both of the existing principal structures are located on an adjacent lot to the proposed principal structure.

(ii)

Both of the existing principal structures are located within 250 feet of the proposed principal structure and are the closest principal structures.

(iii)

Both of the existing principal structures are located less than 75 feet from the ordinary high water mark.

(iv)

The average setback shall not be reduced to less than 35 feet from the ordinary high water mark of any navigable waterway.

2.

Where there is an existing principal structure on only one side, the setback shall equal the distance that the existing principal structure is set back from the ordinary high water mark and the required setback of 75 feet from the ordinary high water mark provided all of the following are met:

(i)

The existing principal structure is located on an adjacent lot to the proposed principal structure.

(ii)

The existing principal structure is located within 250 feet of the proposed principal structure and is the closest structure.

(iii)

The existing principal structure is less than 75 feet from the ordinary high water mark.

(iv)

The average setback shall not be reduced to less than 35 feet from the ordinary high water mark of any navigable waterway.

3.

In applying these shore setback averaging formulas to a proposed principal structure, the shore setback measurements shall be taken from other principal structures only and the measurements shall not be from any immediately adjacent structures, such as decks, patios, retaining walls, swimming pools or sports courts.

4.

In applying these shore setback averaging formulas to a proposed functional appurtenance, such as a deck or patio, which is immediately adjacent to the principal structure, the shore setback measurements may be taken from other principal structures.

(d)

Vegetative removal.

(1)

The area parallel to the ordinary high water mark and extending 35 feet inland from all points along the ordinary high water mark of a navigable waterway is considered a vegetation buffer zone and the removal of vegetation is prohibited, except as follows:

a.

Routine maintenance of vegetation is permitted.

b.

Removal of trees and shrubs within the vegetative buffer zone is allowed in order to create an access and viewing corridor. The access and viewing corridor shall not exceed 35 percent of the shoreland frontage of the property and shall include all improvements such as walkways.

c.

Removal of vegetation within the vegetative buffer zone to manage exotic or invasive species, damaged vegetation, vegetation that must be removed to control disease, or vegetation creating an imminent safety hazard is permitted, provided that any vegetation removed shall be replaced by replanting in the same area as soon as practicable.

d.

Any vegetative removal must comply with the Waukesha County Shoreland and Erosion Control Ordinance and any underlying Village of Waukesha Zoning District or Zoning District Overlay requirements.

(Amend. of 1-9-2025)

(a)

Purpose. The A-1 Agriculture District is intended to provide for the needs of agriculture and residential as principle uses. It is intended that this district be a transition district to provide residential uses as determined by the village board.

(b)

Use regulations.

(1)

Permitted uses.

a.

Agriculture; dairying; general farming; raising and harvesting of crops; grazing of herds; feeding, fattening or raising of cattle or poultry; pasturage; commercial greenhouses, nurseries, orchards, sod farms, barns, farm sheds, milk houses, chicken coops, silos, etc.

b.

One-family dwellings on 15-acre parcels. The principal farm residence shall comply with the building area provisions contained herein. Farm dwellings for additional families or individuals who are actually engaged in the farm operation may be considered accessory uses, and shall comply with the floor area, offset and setback provisions of the R-3 Residential District.

c.

Home occupations and professional offices, as defined in this chapter, when incident to the residential use and when situated in the same dwelling, subject to the following conditions:

1.

No name plate exceeding three square feet in area shall be permitted.

2.

Such home occupation or professional office shall not employ more than 20 percent of the floor area of the principal building.

3.

Such home occupation or professional office shall not employ more than one person who is not a resident on such lot.

4.

Adequate off-street parking facilities shall be provided adjacent, or reasonably adjacent to the building served.

5.

Such permitted use shall not include the conduct of any retail or wholesale business on the premises, nor the removal of sand, gravel or stone for commercial purposes.

6.

Such permitted use shall not include the use of any machinery tools, or other appliances that can reasonably be construed as creating a nuisance to the surrounding residential area.

d.

Horse boarding stable and equestrian facility. The following shall be required:

1.

A site plan and plan of operation shall be submitted for review per the requirements of section 42-30 architectural and landscaping requirements as established do not apply, but the plan commission and village board may impose landscaping and buffering requirements in order to ensure compatibility with surrounding properties.

2.

The site plan(s) shall include the location of:

(i)

Horse stables;

(ii)

Indoor/outdoor arenas;

(iii)

Pastures/other outdoor areas and fencing limits;

(iv)

Feed and hay storage;

(v)

Manure storage;

(vi)

Dimensioned off-street parking areas to accommodate vehicles and trailers for regular use and events; and

(vii)

Location of any proposed portable sanitary facilities for regular use and special events.

3.

The plan of operation shall include the:

(i)

Maximum number of employees;

(ii)

Maximum number of horses on site (owned/boarded/special events);

(iii)

Proposed hours of operation for daily activities and special events;

(iv)

Proposed frequency and type of special events;

(v)

Maximum number of attendees for special events; and

(vi)

Proposed number of portable sanitary facilities for regular use and special events.

4.

The owner of the property or an employee of the operation shall reside on site.

5.

The minimum contiguous property area shall be 15 acres.

6.

The maximum number of boarded horses including the owner/operator's horses shall be limited to one for the first three acres and one for each additional full acre of property.

7.

Parking for horse trailers shall be limited to the owner/operator, boarders, and special events. The location, quantity, and any required screening of trailer parking shall be determined based on the proposed use through the review process. There is no guarantee of a trailer parking space for every boarder.

8.

Buildings used for shelter of horses or other livestock, or events shall be located a minimum of 50 feet from all property lines.

9.

Adequate fencing shall be installed and maintained in good repair to contain all horses.

10.

Adequate food, forage, water, pasture, and shelter for horses shall be provided.

11.

All buildings involved in the operation and accessible by the public shall meet state commercial building codes.

12.

Sanitary facilities shall be accessible to the public at all times during hours of operation. Horse boarding and equestrian operations shall require restroom facilities that meet the commercial building and plumbing code and a sanitary permit from Waukesha County for the proposed use for permanent facilities. Portable sanitary facilities meeting ADA requirements may be approved for use for seasonal operations (May 14 through September 16) and during special events. Portable facilities used for special events shall only be allowed on the property during such events and for reasonable periods before and after events. Portable sanitary facilities must be routinely cleaned and regularly serviced as recommended by a portable sanitary facility professional and shall be screened from the view of adjacent roads and properties.

13.

The owner/operator shall obtain stormwater management or erosion control permits if required by Waukesha County.

14.

At no time shall the volume of any public address (P.A.) system exceed a maximum of 65 dB at any property line, and use shall be limited to the hours between 9:00 am and 10:00 pm.

15.

No outdoor storage related to the boarding stable/equestrian facility operation or unscreened refuse containers will be permitted. Any refuse container shall be screened on all sides to be reviewed and approved by the plan commission and village board.

16.

A manure management plan including standard manure disposal practices shall be prepared in coordination with the Waukesha County Land Resources Division and submitted to the village for review and approval.

17.

The owner/operator shall be responsible for any clean-up of manure or mud resulting from the operation on the adjacent roadway.

18.

Special events and show events shall be limited to horse-related activities (excluding rodeos) and may be approved as part of the plan of operation by the plan commission and village board with limits as to the maximum number and type of events per year and maximum number of attendees. The maximum length for an event is two days. Hours of operation of events shall be limited to the hours between 9:00 am until 10:00 pm.

19.

Signage shall only be permitted per section 42-41 of the Village of Waukesha Code of Ordinances.

20.

Exterior lighting shall be designed to illuminate only the subject premises as security lighting and shall not shine upon neighboring properties. Any outdoor arena lighting shall follow the lighting requirements within Sec 42-30(h). Any lighting of the outdoor arena shall cease within one hour of the end of an outdoor special event.

(2)

Conditional uses. Commercial and residential ponds, commercial kennels and laboratories, commercial vehicle operation and parking, in-law unit, and wireless telecommunications mobile service facilities.

(c)

Building locations.

(1)

Setback: 50 feet minimum.

(2)

Offset: 20 feet minimum.

(d)

Height regulations.

(1)

Principal residential building.

a.

Non-exposed foundation.

1.

Overall maximum height (lowest exposure to highest peak): 35 feet.

b.

Exposed foundation.

1.

Overall maximum height (lowest exposure to highest top plate): 32 feet.

2.

Overall maximum height (lowest exposure to highest peak): 44 feet.

(2)

Farm structures. See section 42-37.

(3)

Accessory buildings: 18 feet maximum.

(e)

Area regulations.

(1)

Floor area.

a.

Minimum required.

1.

First floor: 900 square feet.

2.

Total, one family: 1,200 square feet. All residences shall have attached two-car garages with a minimum area of 400 square feet and a maximum area not to exceed 1,200 square feet or 60 percent of the first floor area of the principal structure, whichever is greater.

b.

Maximum building footprint permitted: Ten percent.

(2)

Lot size.

a.

Minimum area: 15 acres.

b.

Minimum width: 660 feet.

(3)

Shoreland zoning. For parcels within the SHO Shoreland Zoning Overlay District on the date of enactment of Village of Waukesha Shoreland Zoning, new lots created at least partially within the overlay shall follow the area regulations (floor area and lot size) for the RE Single Family Residence Estate District.

(Amend. of 1-9-2025)

(a)

Purpose. The primary purpose of this district is to provide for large single-family residences on large enough plots of land to enable the residents to participate in some aspects of country living, limited gardening pursuits and the keeping of limited numbers of poultry or animals.

(b)

Use regulations.

(1)

Permitted uses.

a.

Any permitted use permitted in the A-1 Agricultural District, provided the minimum land area is 15 acres or greater, and excluding Horse Boarding Stables and Equestrian Facilities.

b.

One-family dwellings and existing agricultural uses.

c.

Home occupations and professional offices, as defined in this chapter, when incident to the residential use and when situated in the same dwelling, subject to the following conditions:

1.

No name plate exceeding three square feet in area shall be permitted.

2.

Such home occupation or professional office shall not employ more than 20 percent of the floor area of the principal building.

3.

Such home occupation or professional office shall not employ more than one person who is not a resident on such lot.

4.

Adequate off-street parking facilities shall be provided adjacent, or reasonably adjacent to the building served.

5.

Such permitted use shall not include the conduct of any retail or wholesale business on the premises, nor the removal of sand, gravel or stone for commercial purposes.

6.

Such permitted use shall not include the use of any machinery tools, or other appliances that can reasonably be construed as creating a nuisance to the surrounding residential area.

d.

Horticulture, floriculture, viticulture and olericulture.

e.

Crop and tree farming.

f.

Keeping of riding horses, ponies and/or donkeys in private (non-commercial) stables, domestic livestock and poultry in suitable enclosed buildings, provided that the minimum lot area is three acres or more, then one head of such livestock and/or 20 fowl per acre may be kept. Additional livestock and fowl may be kept at the rate of one additional head and/or 20 additional fowl for each additional acre of land greater than three acres. No building serving to house the permitted animals or poultry shall be closer than 50 feet to the lot line of an adjoining lot in a district permitting residential use, and then solely for the use of the residents on said lot and for their guests and not for hire or livery.

g.

The following accessory buildings and uses subject to the conditions specified:

1.

Private garages or storage buildings, when located on the same lot and not involving the conduct of a business; provided, however, that no such private structure shall be erected unless that principal building to which such structure is an accessory use has been erected or is to be erected simultaneously with said structure.

2.

Quarters for household employees; provided, however, that such quarters shall be occupied only by individuals employed full time on the premises and their families.

3.

Stables, barns, or poultry houses, provided that no building housing domestic livestock or poultry shall be closer than 50 feet to any lot line.

4.

Swimming pools, tennis courts and other private recreational facilities.

(2)

Conditional uses. Commercial and residential ponds, commercial vehicle operation and parking, in-law unit, and wireless telecommunications mobile service facilities.

(c)

Building location.

(1)

Setback: 50 feet minimum.

(2)

Offset: 30 feet minimum.

(d)

Height regulations.

(1)

Principal building.

a.

Non-exposed foundation.

1.

Overall maximum height (lowest exposure to highest peak): 35 feet.

b.

Exposed foundation.

1.

Overall maximum height (lowest exposure to highest top plate): 32 feet.

2.

Overall maximum height (lowest exposure to highest peak): 44 feet.

(2)

Accessory buildings: 18 feet maximum.

(3)

See section 42-37 for exceptions and permitted increases.

(e)

Area regulations.

(1)

Floor areas.

a.

Minimum required; principal residence.

1.

First floor: 900 square feet.

2.

Total: 1,200 square feet. All residences shall have attached two-car garages (minimum of an area of at least 400 square feet and maximum of an area not to exceed 1,200 square feet) or 60 percent of the first floor area of the principal structure, whichever is greater.

b.

Maximum building footprint permitted: 17.5 percent.

(2)

Lot size.

a.

Minimum area: three acres.

b.

Minimum width for a straight or curved road: 200 feet.

c.

Minimum width for a cul-de-sac bulb turnaround: 150 feet.

(Amend. of 1-9-2025)

(a)

Purpose. The primary purpose of this district is to provide for large single-family residences on relatively large parcels to enable residents to enjoy some aspects of country living, while providing for a transitional zone between the less dense R-E district and the more dense R-1 district.

(b)

Use regulations.

(1)

Permitted uses. Any use permitted in the R-E Single-Family Residence Estate District but the keeping of poultry or domestic livestock shall not be permitted on any lot less than three acres and shall be done in accordance with the provisions of the R-E district except as provided hereafter. The keeping of female chickens shall be allowed in accordance with the provisions of section 42-34(h).

(2)

Conditional uses. Commercial and residential ponds, commercial vehicle operation and parking, in-law unit, and wireless telecommunications mobile service facilities.

(c)

Building location.

(1)

Setback: 50 feet minimum.

(2)

Offset: 25 feet minimum.

(d)

Height regulations.

(1)

Principal building.

a.

Non-exposed foundation.

1.

Overall maximum height (lowest exposure to highest peak): 35 feet.

b.

Exposed foundation.

1.

Overall maximum height (lowest exposure to highest top plate): 32 feet.

2.

Overall maximum height (lowest exposure to highest peak): 44 feet.

(2)

Accessory buildings: 18 feet maximum.

(3)

See section 42-37 for exceptions and permitted uses.

(e)

Area regulations.

(1)

Floor areas.

a.

Minimum required; principal residence.

1.

First floor: 900 square feet.

2.

Total: 1,200 square feet. All residential structures shall include an attached two-car garage (containing not less than 400 square feet, and not more than 1,200 square feet) or 60 percent of the 1st floor area of the principal structure whichever is greater.

b.

Maximum building footprint permitted: 17.5 percent.

(2)

Lot size.

a.

Minimum area: two acres.

b.

Minimum width for a straight or curved road: 175 feet.

c.

Minimum width for a cul-de-sac bulb turnaround: 130 feet.

(Amend. of 1-9-2025)

(a)

Purpose. The primary purpose of this district is to provide for large, single-family residences on large lots in areas consistent with existing development.

(b)

Use regulations.

(1)

Permitted uses.

a.

Any use permitted in the R-E Residence Estate District, but the keeping of poultry or domestic livestock shall not be permitted in any subdivision or other area platted or developed into lots of less than three acres in size and then shall be done in accordance with the provisions of the R-SE district except as provided hereafter. The keeping of female chickens shall be allowed in accordance with the provisions of section 42-34(h).

b.

The keeping of usual household pets, but not the operation of commercial kennels or hutches.

(2)

Conditional uses. Commercial and residential ponds, commercial vehicle operation and parking, in-law unit, and wireless telecommunications mobile service facilities.

(c)

Building location.

(1)

Setback: 50 feet minimum.

(2)

Offset: 20 feet minimum.

(d)

Height regulations.

(1)

Principal building.

a.

Non-exposed foundation.

1.

Overall maximum height (lowest exposure to highest peak): 35 feet.

b.

Exposed foundation.

1.

Overall maximum height (lowest exposure to highest top plate): 32 feet.

2.

Overall maximum height (lowest exposure to highest peak): 44 feet.

(2)

Accessory buildings: 18 feet maximum.

(3)

See section 42-37 for exceptions and permitted increases.

(e)

Area regulations.

(1)

Floor area.

a.

Minimum required; principal residence.

1.

First floor: 900 square feet.

2.

Total: 1,200 square feet. All residences shall have attached two-car garages (minimum of an area of at least 400 square feet and maximum of an area not to exceed 1,200 square feet) or 60 percent of the first floor area of the principal structure, whichever is greater.

b.

Maximum building footprint permitted: 17.5 percent.

(2)

Lot size.

a.

Minimum area: one acre.

b.

Minimum width for a straight or curved road: 150 feet.

c.

Minimum width for a cul-de-sac bulb turnaround: 110 feet.

(Amend. of 1-9-2025)

(a)

Purpose. The primary purpose of this district is to provide for medium-sized, single-family residences on medium-sized lots in areas consistent with existing development.

(b)

Use regulations.

(1)

Permitted uses. Any use permitted in the R-1 Single-Family Residence District.

(2)

Conditional uses. Commercial and residential ponds, commercial vehicle operation and parking, in-law unit, and wireless telecommunications mobile service facilities.

(c)

Building location.

(1)

Setback: 50 feet minimum.

(2)

Offset: 20 feet minimum.

(d)

Height regulations.

(1)

Principal building.

a.

Non-exposed foundation.

1.

Overall maximum height (lowest exposure to highest peak): 35 feet.

b.

Exposed foundation.

1.

Overall maximum height (lowest exposure to highest top plate): 32 feet.

2.

Overall maximum height (lowest exposure to highest peak): 44 feet.

(2)

Accessory building: 18 feet maximum.

(3)

See section 42-37 height regulations for exceptions and permitted increases.

(e)

Area regulations.

(1)

Floor area.

a.

Minimum required; principal residence.

1.

First floor: 900 square feet.

2.

Total: 1,200 square feet. All residences shall have attached two-car garages (minimum of an area of at least 400 square feet and maximum of an area not to exceed 1,200 square feet) or 60 percent of the first floor area of the principal structure, whichever is greater.

b.

Maximum building footprint permitted: 17.5 percent.

(2)

Lot size.

a.

Minimum area: 30,000 square feet.

b.

Minimum width for a straight or curved road: 120 feet.

c.

Minimum width for a cul-de-sac bulb turnaround: 90 feet.

(Amend. of 1-9-2025)

(a)

Purpose. The primary purpose of this district is to provide for smaller sized, single-family residences on smaller sized lots in areas consistent with the existing development.

(b)

Use regulations.

(1)

Permitted use. Any use as permitted in the R-2 Residential District.

(2)

Conditional uses. Commercial and residential ponds, commercial vehicle operation and parking, in-law unit, multifamily unit, senior housing, and wireless telecommunications mobile service facilities.

(c)

Building location.

(1)

Setback: 50 feet minimum.

(2)

Offset: 20 feet minimum.

(d)

Height regulations.

(1)

Principal building.

a.

Non-exposed foundation.

1.

Overall maximum height (lowest exposure to highest peak): 35 feet.

b.

Exposed foundation.

1.

Overall maximum height (lowest exposure to highest top plate): 32 feet.

2.

Overall maximum height (lowest exposure to highest peak): 44 feet.

(2)

Accessory buildings: 18 feet maximum.

(3)

Accessory structures. See section 42-37 for exceptions and permitted increases.

(e)

Area regulations.

(1)

Floor area.

a.

Minimum required; principal residence.

1.

First floor: 900 square feet.

2.

Total: 1,200 square feet. All residences shall have attached two-car garages (minimum of an area at least 400 square feet and maximum of an area not to exceed 1,200 square feet) or 60 percent of the first floor area of the principal structure, whichever is greater.

b.

Maximum building footprint permitted: 17.5 percent.

(2)

Lot size.

a.

Minimum area: 20,000 square feet.

b.

Minimum width for a straight or curved road: 120 feet.

c.

Minimum width for a cul-de-sac bulb turnaround: 90 feet.

(Amend. of 1-9-2025)

(a)

Purpose. The purpose of this district is to allow for smaller sized, single-family residences, consistent with the surrounding land uses that have been platted within the corporate limits of the village. This district applies to areas within the village that meet the following criteria:

(1)

A legal lot of record that existed prior to October 1, 2013 (rezoning a legal lot of record to this district and subdividing for increased density is prohibited);

(2)

A lot that is located in a "village island," defined as a single lot or contiguous lots where the entire perimeter (excluding rights-of-way) is bordered by the corporate limits of a city;

(3)

A lot that has a maximum lot size of 20,000 square feet; and

(4)

A lot that has an approved preliminary site evaluation (i.e., functioning private septic and well) from the county department of parks and land use, environmental health division.

(b)

Use regulations.

(1)

Permitted uses. Any use as permitted in the R-3 Residential District.

(2)

Conditional uses. Commercial and residential ponds, commercial vehicle operation and parking, in-law unit, multifamily unit, and wireless telecommunications mobile service facilities.

(c)

Building location.

(1)

Setback: 25 feet minimum.

a.

If residences on adjacent lots are setback a distance greater than 25 feet, the minimum setback for the legal lot of record shall be calculated based on the average setback of the two adjacent residences.

(2)

Offset: Ten feet minimum.

(d)

Height regulations.

(1)

Principal building.

a.

Non-exposed foundation.

1.

Overall maximum height (lowest exposure to highest peak): 35 feet.

b.

Exposed foundation.

1.

Overall maximum height (lowest exposure to highest top plate): 32 feet.

2.

Overall maximum height (lowest exposure to highest peak): 44 feet.

(2)

Accessory buildings: 18 feet maximum.

(3)

See section 42-37 for exceptions and permitted increases.

(e)

Area regulations.

(1)

Floor area.

a.

Minimum required; principal residence.

1.

First floor: 900 square feet.

2.

Total: 1,200 square feet. All residences shall have attached two-car garages (minimum of an area at least 400 square feet and maximum of an area not to exceed 1,200 square feet) or 60 percent of the first floor area of the principal structure, whichever is greater.

b.

Maximum building footprint permitted: 17.5 percent.

(2)

Lot size.

a.

Minimum area: 12,000 square feet.

b.

Minimum width for a straight or curved road: 80 feet.

c.

Minimum width for a cul-de-sac bulb turnaround: 60 feet.

(Amend. of 1-9-2025)

(a)

Purpose. The purpose of this district is to allow for, protect and continue the existence of public and private outdoor park and recreation space and public lands and to ensure to, as great an extent as possible, the preservation and conservation of the natural environment for the physical, psychological and spiritual benefit of the community, as well as the recognition of uses which serve the public interest.

(b)

Use regulations.

(1)

Permitted uses. Permitted uses are subject to approval of a site plan and plan of operation per section 42-30. Public buildings and uses as defined herein: Arboretums, archery, band shells, bicycle trails, boating, bowling on the green, campsites, cemeteries, churches, conservatories, equestrian trails, golf courses, handball courts, hockey rinks, tennis courts, municipal buildings, parks, playfields, playgrounds, polo fields, riding tracks, schools, shuffleboard, skating rinks, skiing, ski-jumping, sledding, swimming pools, volleyball courts, wading pools, etc., including all buildings and structures necessary to the above uses, plus automobile parking lots as accessory to the above uses.

(2)

Conditional uses. Commercial and residential ponds, and wireless telecommunications mobile service facilities.

(c)

Building location.

(1)

Setback: 50 feet minimum.

(2)

Offset: 20 feet minimum.

(d)

Height regulations.

(1)

Principal building.

a.

Non-exposed foundation.

1.

Overall maximum height (lowest exposure to highest peak): 35 feet.

b.

Exposed foundation.

1.

Overall maximum height (lowest exposure to highest top plate): 32 feet.

2.

Overall maximum height (lowest exposure to highest peak): 44 feet.

(2)

Accessory building: 18 feet maximum.

(3)

See section 42-37 for exceptions and permitted increases.

(e)

Area regulations.

(1)

Floor area.

a.

Maximum building footprint permitted: 50 percent.

(2)

Lot size.

a.

Minimum area: 20,000 square feet.

b.

Minimum width for a straight or curved street: 120 feet.

c.

Minimum width for a cul-de-sac bulb turnaround: 90 feet.

(Amend. of 1-9-2025)

(a)

Purpose. This district is intended to provide for development at appropriate locations of primarily commercial uses including neighborhood retail, individual services, and offices of a limited scale and limited generation of traffic that is capable of being reasonably compatible with surrounding neighborhood development.

(b)

Use regulations.

(1)

Permitted uses. The following land uses, and similar uses subject to the review and approval of the village plan commission, are permitted:

a.

Personal or professional service: Land uses whose primary function is the provision of services directly to an individual on a walk-in or on-appointment basis and other professional offices entirely within an enclosed building with a footprint smaller than 5,000 square feet. Examples of such land uses include, but are not limited to, insurance services, realty offices, financial services, photography studios, medical offices, clinics and counseling services, veterinary clinics, day care facilities, barber shops and salons, nail salons, tattoo parlors, and professional offices for architects, engineers, attorneys, software developers and similar.

b.

Indoor sales and service: Land uses which conduct retail sales and rental of merchandise and equipment entirely within an enclosed building with a footprint smaller than 5,000 square feet. This includes general merchandise stores, clothing stores, drug stores, grocery stores, furniture stores, hardware stores, sporting goods stores, bookstores, antique stores, gift shops, bakeries, laundromats and dry cleaners. Limited outdoor display of merchandise may be permitted per section 42-30(i)(2).

c.

Residential uses accessory to a permitted business use.

d.

Garages for storage of vehicles accessory to the operation of the business. Any outside storage in this district, even on a temporary basis, is subject to the requirements of section 42-30(i)(1).

e.

Senior housing. The term "senior housing" refers to a dwelling unit designed and constructed to be occupied by senior persons. A senior person is a person who is 55 years of age or older on the date such person intends to occupy the premises, or one's spouse who is a senior person as defined herein. Guests are allowed to stay no more than 30 days in any calendar year. Senior housing is subject to the following requirements:

1.

Building plans, site plans, landscaping plans and plan of operation shall be submitted for approval per section 42-30. Prior to the public hearing being held, the petitioner shall review the proposal with the plan commission. Such facilities shall be located in close proximity to retail shopping including grocery stores, pharmacy, banking and restaurants or transportation services such as municipal bus, taxi, van/bus shuttle service, etc., shall be available on site or along the street directly abutting the lot.

2.

The primary entrance shall be located on an arterial or collector street with sidewalks. Such facilities shall be served by municipal sewer. Municipal water, if available, shall be used to serve the facilities. If a private well or water system will be utilized, a municipal size/capacity water supply system is required to meet the needs of the facility pursuant to the state plumbing code.

3.

No such use shall be permitted on a lot less than two acres in area.

4.

A minimum of 30 percent of the site's area shall be retained as green space. There shall be at least one area of continuous green space that provides for outside walking area and sitting area with a minimum width of 20 feet and a minimum size of 10,000 square feet.

5.

Offsets and setbacks shall conform to the minimum dimensions required in the zoning district in which it is located with a minimum offset of 20 feet. The building height maximum is 35 feet.

6.

Minimum living areas shall apply as follows: 650 square feet for a one bedroom unit, 850 square feet for a two bedroom unit or greater. Efficiency units shall not be permitted. Laundry facilities shall be provided on each floor of the building. A common use room is required for the residents.

7.

Underground or aboveground garage parking shall be provided for at least two-thirds of the units. A minimum parking ratio of 1.05 parking spaces per unit shall be provided.

8.

Density shall be no more than 20 units per acre.

9.

The 55 year age restriction shall not apply to one unit that is occupied by the owner, manager or operator of the building with one or more family members of such owner, manager or operator, if any of such persons that are regularly engaged in the performance of substantial duties is directly related to the management or maintenance of the building

(2)

Conditional uses. Commercial and residential ponds, and wireless telecommunication mobile service facilities.

(c)

Building location.

(1)

Setback: 50 feet minimum.

(2)

Offset: 20 feet minimum.

(d)

Height regulations.

(1)

Principal buildings: 35 feet maximum.

(2)

Accessory buildings: 18 feet maximum.

(3)

Accessory structure: See section 42-37 for exceptions and permitted increases.

(e)

Area regulations.

(1)

Floor area.

a.

Maximum building footprint permitted: 50 percent.

(2)

Lot size.

a.

Minimum area: 20,000 square feet, except senior housing which requires a minimum of two acres.

b.

Minimum width for a straight or curved street: 120 feet.

c.

Minimum width for a cul-de-sac bulb turnaround: 90 feet.

(Amend. of 1-9-2025)

(a)

Purpose. This district is intended to provide for development at appropriate locations of primarily commercial uses including retail, individual services, and offices catering to the daily needs of the surrounding local community.

(b)

Use regulations.

(1)

Permitted uses.

a.

Any use permitted in the Restricted Business District.

b.

Personal or professional service: Land uses whose primary function is the provision of services directly to an individual on a walk-in or on-appointment basis and other professional offices entirely within an enclosed building with a footprint 5,000 square feet or greater. Examples of such land uses include, but are not limited to, insurance services, realty offices, financial services, photography studios, medical offices, clinics and counseling services, veterinary clinics, day care facilities, barber shops and salons, nail salons, tattoo parlors, and professional offices for architects, engineers, attorneys, software developers and similar.

c.

Indoor sales and service: Land uses which conduct retail sales and rental of merchandise and equipment entirely within an enclosed building with a footprint 5,000 square feet or greater. This includes general merchandise stores, clothing stores, drug stores, grocery stores, furniture stores, hardware stores, sporting goods stores, bookstores, antique stores, gift shops, bakeries, laundromats and dry cleaners. Limited outdoor display of merchandise may be permitted per section 42-30(i)(2).

d.

Indoor commercial entertainment and service: Land uses which provide entertainment services entirely within an enclosed building. Such activities often have operating hours that extend later than most other commercial land uses. Examples of such land uses include restaurants, coffee shops, taverns, theaters, health or fitness centers, all forms of training studios (dance, art, martial arts, etc.) bowling alleys, arcades, roller rinks, and pool halls.

e.

Commercial indoor lodging facility: Land uses which provide overnight lodging in individual rooms or suites of rooms, each room or suite having a private bathroom. Such land uses may provide in-room or in-suite kitchens, and may also provide indoor recreational facilities for the exclusive use of their customers. Restaurants, arcades, fitness centers, and other on-site facilities available to non-lodgers are not considered accessory uses and therefore require review as a separate land use.

(3)

Conditional uses. Commercial and residential ponds, commercial kennels and laboratories, drive-through lanes, event venues, and wireless telecommunications mobile service facilities.

(c)

Building location.

(1)

Setback. 50 feet minimum.

(2)

Offset.

a.

Buildings used solely for commercial purposes: ten feet minimum.

b.

Buildings used in part for accessory residence purposes: 20 feet minimum.

(d)

Height regulations.

(1)

Principal building: 35 feet maximum.

(2)

Accessory buildings: 18 feet maximum.

(3)

Accessory structures: See section 42-37 for exceptions and permitted increases.

(e)

Area regulations.

(1)

Floor area.

a.

Maximum building footprint permitted: 50 percent.

(2)

Lot size.

a.

Minimum area: 20,000 square feet, except senior housing which requires a minimum of two acres.

b.

Minimum width for a straight or curved street: 120 feet.

c.

Minimum width for a cul-de-sac bulb turnaround: 90 feet.

(Amend. of 1-9-2025)

(a)

Purpose. This district is intended to provide for commercial uses of a more general nature serving the larger community trade area.

(b)

Use regulations.

(1)

Permitted uses.

a.

Any use as permitted in the Local Business District.

b.

Outdoor display and sale: Land uses which conduct retail sales and rental of merchandise and equipment on a long term basis outside of an enclosed building as a principal accessory use of the property. Examples of such land uses include, but are not limited to, vehicle and equipment sales and rental, manufactured housing sales, monument sales, and garden centers. Such land uses do not include the storage or display of inoperative vehicles or equipment, or other materials typically associated with a junk or salvage yard or other permanent outdoor land uses specifically defined by this ordinance.

c.

Indoor maintenance service: Land uses which conduct maintenance and repair services and contain all operations (except loading) entirely within an enclosed building. Outdoor maintenance services are not permitted, except as may be approved with appropriate screening and buffering through the site plan and plan of operation review process.

d.

Personal storage facility: Land uses oriented to the indoor storage of personal items entirely within partitioned buildings having an individual access to each partitioned area. Such storage areas may be available on either a condominium or rental basis. Also known as "mini-warehouses."

e.

Contractor shop: Land uses that include businesses engaged in contract services or labor, such as contractors involved with building construction or carpentry; electrical, plumbing, heating systems; and utility companies. These land uses include contractor storage yards as accessory uses to the contractor shop, which are subject to the requirements of section 42-30(i)(1).

f.

Indoor storage or wholesaling: Land uses primarily oriented to the receiving, holding, and shipping of materials for a single business or a single group of businesses limited to parcels of six acres or less in total area (including adjacent parcels within same operation). With the exception of loading and parking facilities, such land uses are contained entirely within an enclosed building. Examples of this land use include conventional warehouse facilities, long-term indoor storage facilities, and joint warehouse and storage facilities. This land use may include the retail sale of materials. These uses do not include those described in the "personal storage facility" land use category.

g.

Outdoor storage or wholesaling: Land uses primarily oriented to the receiving, holding, and shipping of materials for a single business or a single group of businesses limited to parcels of six acres or less in total area (including adjacent parcels within same operation). Outdoor storage (not contained within a building) is limited to 30 percent of the parcel. Examples of this land use include equipment yards, lumber yards, landscaping materials yards, construction materials yards, and shipping materials yards. Such land uses do not include the storage of inoperative vehicles or equipment, or other materials typically associated with a junkyard or salvage yard, but may include the retail sale of materials. Outdoor storage is subject to the requirements of section 42-30(i)(1). Contractor storage yards are considered accessory in the "contractor shop" land use category.

(2)

Conditional uses. Commercial and residential ponds, commercial kennels and laboratories, drive-through lanes, event venues, and wireless telecommunications mobile service facilities.

(c)

Building location.

(1)

Setback: 50 feet minimum.

(2)

Offset.

a.

Principal building: Ten feet.

b.

Buildings used in part for accessory residence or senior housing purposes: 20 feet minimum.

(d)

Height regulations.

(1)

Principal building: 35 feet maximum.

(2)

Accessory buildings: 18 feet maximum.

(3)

See section 42-37 for exceptions and permitted increases.

(e)

Area regulations.

(1)

Floor area.

a.

Maximum building footprint permitted: 50 percent.

(2)

Lot size.

a.

Minimum area: 20,000 square feet, except senior housing which requires a minimum of two acres.

b.

Minimum width for a straight or curved street: 120 feet.

c.

Minimum width for a cul-de-sac bulb turnaround: 90 feet.

(Amend. of 1-9-2025)

(a)

Purpose. This district is intended to provide for manufacturing and industrial operations which, on the basis of actual physical and operational characteristics, would not be detrimental to the surrounding area or to the community as a whole by reason of noise, dust, smoke, odor, traffic, physical appearance or other similar factors, and subject to such regulatory controls as will reasonably ensure compatibility in this respect.

(b)

Use regulations.

(1)

Permitted uses.

a.

Any use as permitted in the general business district except that residential use shall be permitted only in conjunction with a business, industrial, or agricultural use as an accessory use.

b.

Adult-oriented establishments, automotive body repairs; automotive upholstery, boat manufacture, storage, and repairs; cleaning, pressing and dyeing factories; commercial bakeries; commercial greenhouses; distributors; farm machinery; food locker plants; laboratories; machine shops; manufacture and bottling of beverages; painting; printing; publishing; warehousing; and wholesaling, manufacture, processing, fabrication, packing, packaging, and assembling of products from cement, clay, furs, glass, leather, metals, oils, paper, plaster, plastics, stone, textiles, and wood; manufacture, fabrication, processing, packaging, and packing of confections; cosmetics; electrical appliances; electronic devices; food; experimental, testing and research laboratories; instruments; jewelry; pharmaceuticals; tobacco, toiletries, and well-drilling equipment.

c.

Other trades or industries of a restrictive character which are not detrimental to the district or to the adjoining residential areas by reason of appearance, noise, dust, smoke or odor, provided the location, building and site plan, and plan of operation have been submitted to and approved by the village plan commission, but not including any use enumerated under section 42-95(1)a.2 or any of the following: drop forges, foundries, junkyards, refineries, tanneries, or any similar use, the normal operation of which causes objectionable noise, odor, dust or smoke.

(2)

Conditional uses. Commercial and residential ponds, commercial kennels and laboratories, and wireless telecommunications mobile service facilities.

(c)

Building location.

(1)

Setback: 50 feet minimum.

(2)

Offset: Ten feet minimum, except that where a lot abuts on a district boundary line of a more restrictive district permitting residence use, the following regulations shall apply:

a.

Buildings or uses permitted in the more restrictive district shall comply with the offset requirements of the more restrictive district.

b.

Buildings or uses not permitted in the more restrictive district shall provide a 50-foot minimum offset and shall be screened from the more restrictive district by a planting screen at least six feet high and 15 feet in width.

(d)

Height regulations.

(1)

Principal building: 60 feet maximum.

(2)

Accessory buildings: 60 feet maximum.

(3)

See section 42-37 for exceptions and permitted increases.

(e)

Area regulations.

(1)

Floor area.

a.

Maximum building footprint permitted: 70 percent.

(2)

Lot size.

a.

Minimum area: One acre.

b.

Minimum width for a straight or curved street: 150 feet.

c.

Minimum width for a cul-de-sac bulb turnaround: 110 feet.

(Amend. of 1-9-2025)

(a)

Purpose. This district is intended to provide for the same type of manufacturing and industrial development as in the I-1 Limited Industrial District, but in those areas where the relationship to surrounding land character would permit greater freedom in determining compatibility and would not necessitate as stringent regulatory controls.

(b)

Use regulations.

(1)

Permitted uses.

a.

Any use as permitted in the limited industrial district, and the following: Adult-oriented establishments, construction contractors and building material salvage yards, freight terminals and transshipment depots, enclosed storage, drop forge and foundries, petroleum storage, storage and sale of machinery and equipment and trade and contractor's offices and equipment.

b.

Any other commercial or industrial uses not otherwise prohibited by law, provided their location and plan of operation have been submitted to and approved by the village plan commission except the following: acid manufacture; cement, lime gypsum, or plaster of Paris manufacture; fertilizer manufacture, glue manufacture, fat rendering or distillation of bones; manufacture of explosives, but not including the making of small arms ammunition, offal or dead animal reduction; petroleum refineries; stockyards or slaughter of animals, except the slaughter of animals owned by consumer and for his sole use, and incident to and in conjunction with the operation of a locker plant may be permitted, provided the location and plan of operation has been submitted to and approved by the village engineer and the village plan commission.

c.

Unclassified and unspecified uses will be allowed if proven not to be objectionable.

(2)

Conditional uses. Commercial and residential ponds, and wireless telecommunications mobile service facilities.

(c)

Building location.

(1)

Setback: 50 feet minimum except that where the opposite frontage is in a residential or agricultural district, a 100-foot minimum setback shall be required.

(2)

Offset: ten feet minimum except that where a lot abuts on a district boundary line of more restrictive district permitting residence use, the following regulations shall apply:

a.

Buildings or uses permitted in the more restrictive district shall comply with the offset requirements of the more restrictive district.

b.

Buildings or uses not permitted in the more restrictive district shall provide a 100-foot minimum offset from a restricted business or local business district and a 200-foot minimum offset from a residential or agricultural district and shall be screened from the more restrictive district by a planting screen at least six feet high and 15 feet in width.

(d)

Height regulations.

(1)

Principal building: 60 feet maximum.

(2)

Accessory building: 60 feet maximum.

(3)

See section 42-37 for exceptions and permitted increases.

(e)

Area regulations.

(1)

Floor area.

a.

Maximum building footprint permitted: 70 percent.

(2)

Lot size.

a.

Minimum area: one acre.

b.

Minimum width for a straight or curved street: 150 feet.

c.

Minimum width for a cul-de-sac bulb turnaround: 110 feet.

(Amend. of 1-9-2025)

All other ordinances or parts of ordinances in conflict with the provisions of this chapter are hereby repealed.

(Amend. of 1-9-2025)

The several sections, subsections and paragraphs of this chapter are hereby declared to be severable. If any section, subsection, paragraph or subparagraph of this chapter shall be declared by a decision of a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the other provisions of the ordinance, or of the section of which the invalid portion or paragraph may be a part.

(Amend. of 1-9-2025)

This chapter shall be in full force and effect upon passage and publication by the village board and upon approval of the county board of supervisors said publication to consist of posting copies thereof in public places in the village pursuant to state statutes.

(Amend. of 1-9-2025)