A.   In their interpretation and application, the provisions of this title shall be held to be the minimum requirements for the promotion of the health, safety, morals, comfort, prosperity, or general welfare.

   B.   Where the conditions imposed by any provision of this title, upon the use of land or buildings, or upon the bulk of buildings, are either more restrictive or less restrictive than comparable conditions imposed by any other provision of this title or of any other law, ordinance, resolution, rule, or regulation of the village, the regulations which are more restrictive or which impose higher standards or requirements shall govern.

   C.   This title is not intended to abrogate any easement, covenant, or any other private agreement, provided that where the regulations of this title are more restrictive or impose higher standards or requirements than such easements, covenants, or other private agreements, the requirements of this title shall govern.

   D.   No building, structure, or use which was not lawfully existing at the time of the adoption of this title shall become or be made lawful solely by reason of the adoption of this title; and to the extent that, and in any manner that said unlawful building, structure, or use is in conflict with the requirements of this title, said building, structure, or use remains unlawful hereunder.

   E.   Nothing contained in this title shall be deemed to be a consent, license, or permit to use any property or to locate, construct, or maintain any building, structure, or facility or to carry on any trade, industry, occupation or activity.

   F.   The provisions in this title are cumulative and additional limitations upon all other laws and ordinances, heretofore passed or which may be passed hereafter, governing any subject matter in this title. (Ord., 12-15-1964 as amended)

It is hereby declared to be the intention of the village board that the several provisions of this title are separable, in accordance with the following:

   A.   If any court of competent jurisdiction shall adjudge any provision of this title or amendments thereto to be invalid, such judgment shall not affect any other provisions of this title or amendment thereto, not specifically included in said judgment.

   B.   If any court of competent jurisdiction shall adjudge invalid the application of any provision of this title or amendments thereto to a particular property, building, or other structure, such judgment shall not affect the application of said provision to any other property, building, or structure not specifically included in said judgment. (Ord., 12-15-1964 as amended)

   A.   All buildings or structures erected hereafter, all uses of land, buildings, or structures established hereafter, all structural alteration, enlargement, or relocation of existing buildings, or structures occurring hereafter shall be subject to all regulations of this title which are applicable to the zoning districts in which such building, structure, uses, or land shall be located, except in a residence district, a single-family dwelling may be erected upon a lot of record existing on the effective date of this title even though such lot of record does not conform with the area and width requirements for the district in which such lot is located and provided that there is compliance with all other regulations contained in this title and other applicable ordinances, regulations and codes of the village.

   B.   Where a building permit for a building or structure has been issued in accordance with law prior to the effective date of this title, and provided that construction is begun within six (6) months of the effective date and diligently prosecuted to completion, said building or structure may be completed in accordance with the approved plans on the basis of which the building permit has been issued, and further, may upon completion be occupied under a certificate of occupancy by the use for which originally designated, subject thereafter, if applicable, to the provisions herein for nonconforming buildings, structures, and uses.

   C.   Where the building official has issued a building or use permit for a permitted use or special use, such permit shall become null and void unless work thereon is substantially under way within twelve (12) months of the date of the issuance of such permit, or within the period of time beyond twelve (12) months granted by the village board. (Ord., 12-15-1964 as amended)

   A.   Accessory buildings, structures, and uses shall be compatible with the principal use, and no accessory building or structure shall be constructed on a lot or property nor shall any accessory use be made of the land, prior to the construction of the principal building to which it is accessory. (Ord. 90-2, 1-23-1990)

   B.   Except as permitted for a specific permitted use, accessory buildings and structures or land shall not be used for keeping, propagation, or culture of pigeons, poultry, rabbits, bees, or livestock, whether or not for profit.

   C.   Except as otherwise regulated herein, an accessory building or structure hereafter erected, altered, enlarged, or moved on a lot shall conform with the following:

      1.   No detached accessory building shall be nearer than ten feet (10') from the nearest wall of a principal building, except an accessary building constructed of fire resistive materials as approved by the building official, may be located nearer than ten feet (10') from a principal building.

      2.   No detached accessory building, or when structurally a part of the principal building, shall be located in a front yard, side yard, or side yard abutting a street.

      3.   Detached accessory buildings or structures in a rear yard shall not occupy more than thirty percent (30%) of the area of the rear yard or be located less than three feet (3') from an interior lot line. On a corner lot, accessory buildings or structures in a rear yard shall be no nearer to a lot line abutting a street than the applicable distance required for a side yard abutting a street, and for a through lot no nearer than the applicable distance required for a front yard. (Ord., 12-15-1964 as amended)

      4.   No detached accessory building accessory to dwellings shall have more than one story or exceed twelve feet (12') in height, except as otherwise regulated herein. Such building height shall be measured from the average grade of the ground or pavement at the accessory building walls. (Ord. 87-27, 10-27-1987)

      5.   No detached accessory building shall exceed one hundred sixty (160) square feet in total area. (Ord. 97-19, 6-17-1997)

      6.   No detached accessory building shall be located not less than three feet (3') from a lot line of adjoining lots, except:

         a.   On corner lots, not nearer to the rear lot line than the distance of the required side yard for the lot adjoining the rear lot line and not nearer to the side street line than the distance required for a side yard adjoining a street, or in the case of a reverse corner lot, the required front yard on such lot adjoining the rear lot line; and

         b.   On through lots that do not have a rear lot line adjoining a no-access-strip, not nearer to the rear lot line adjoining a street than the distance required for a front yard. (Ord., 12-15-1964 as amended)

   D.   No land in the village shall be developed or used for accessory parking to serve a principal structure or building located outside the village corporate limits, except upon the grant of a special use permit by the village for that purpose. Such special use permit shall not be granted in any zoning district existing by virtue of this title unless the corporate authorities shall determine that such accessory parking use shall not cause undue traffic, congestion or other condition adversely impacting the public health, safety, comfort, morals, and welfare, giving due consideration to surrounding land uses, conditions, values and aesthetics.

In addition, no such special use shall be granted where the accessory parking shall serve a principal structure, building or development, located outside the village corporate limits, in or upon which retail business establishments conduct business, unless the owner of the land located within the village assures the village an equitable and reasonable portion of the municipal retailers' occupation tax revenues generated from the conduct of retail business in the principal structure, building or development to which the village land is accessory. The assurance of the owner shall be in the form of an agreement and covenant running with the accessory land, binding the adjoining municipality, the landowner and his or its grantors, successors and assigns to the terms of the proration of such tax revenues. The village reserves the right to determine whether the proration of such tax revenues between the village and an adjoining municipality is equitable and reasonable as a condition of granting a special use permit. (Ord. 90-2, 1-23-1990)

   A.   Yards and other open spaces as required by this title shall be located on the same lot as the principal building, structure or use.

   B.   On vacant or through lots or corner lots, either of the lot lines abutting a street right-of-way line may be established as the front lot line, except when the front lot line has been established on a through lot, the same front lot line shall thereafter apply on through lots contiguous thereto.

   C.   No legally required yards, other open space or minimum lot area allocated to any existing building, structure or use shall be, by virtue of change of ownership or for any other reason, used to satisfy yard, other open space or minimum lot area requirements for any other building, structure or use.

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

   E.   No yards allocated to an existing building, structure or use shall be subsequently reduced or further reduced below the minimum yard requirements of this title applicable in the district where the building, structure or use is located. (Ord., 12-15-1964 as amended)

   A.   Setback lines shall be maintained on all lots abutting a street. Such setback lines on lots abutting streets that are not designated as thoroughfares shall be set back the distance required for a front yard or side yard abutting a street in the districts where such lots are located. Except as otherwise herein provided where a front yard setback of more or less depth than required by this comprehensive amendment has been maintained for buildings existing on lots or tracts having a frontage of forty percent (40%) or more of the total frontage on one side of that portion of any street lying between two (2) intersecting streets, the front yard setback line for each remaining vacant interior lot along such street frontage shall be the distance along a line on the lot which is perpendicular with a point one-half (1/2) the width of the lot at the front lot line, measured from such point to the point of intersection along such perpendicular line of a line connecting the nearest points of the setback lines of the next existing buildings on each side of the lot, or in the case of a building only on one side of the lot, the line connecting such setback line on the existing building on one side of the lot with the required setback line on the vacant lot on the other side of the lot.

   B.   Except as otherwise herein regulated setback lines on all lots abutting thoroughfares shall be not less than the required depth of a front yard or side yard adjoining a street in the district where the lots are located, plus one-half (1/2) the required width of the thoroughfare, measured from the center lines of existing thoroughfares of sufficient width, and for existing thoroughfares to be widened or new thoroughfare alignments including also connections or extensions, measured from the center lines designated by the village board or federal, state or county highway authorities. (Ord., 12-15-1964 as amended)

   A.   Except as otherwise regulated herein for a specific permitted or special use, the following accessory buildings, structures and uses are permitted and may be constructed in yards as follows:

 

On a corner lot, within that part of a front yard located within twenty feet (20') from the point of intersection of two (2) street right of way lines abutting the lot, no fence other than woven wire fence, wall, hedge or other shrubbery shall be erected, constructed, planted, or maintained having a height exceeding thirty inches (30") or trees planted and maintained having branches lower than eight feet (8') above the grade at the centerline of the adjacent street roadway.

   B.   The following buildings, structures and uses are specifically prohibited in front, side, or rear yards:

      1.   Open storage of building material except during active construction for permissible uses and not to exceed a period of one year from date of permit issue.

      2.   Storing of junk or nonoperating automobiles or trucks.

      3.   Storing of machinery and equipment used in building construction and alteration or heavy road type machinery.

      4.   Open storing of mobile homes and residence or occupancy in same.

      5.   Dilapidated, unsightly, unsanitary sheds or temporary shelter for materials or equipment.

      6.   Burning of paper and rubbish.

      7.   Piles of rubbish, junk or miscellaneous articles.

      8.   Raising of poultry, pigeons, bees, livestock or furbearing animals. (Ord., 12-15-1964 as amended; amd. Ord. 81-4, 1-20-1981)

   A.   Trailers and mobile homes shall not be permitted in any district as accessory buildings.

   B.   Mobile homes shall not be occupied for dwelling purposes except in a mobile home park. (Ord. 2014-36, 10-7-2014)

   C.   Trailers or mobile homes may be used as temporary offices or storage space incidental to construction of a building development for a period of time such construction is actively undertaken provided the trailer or mobile home is located on the same or adjacent lot as the building development.

   D.   Tents shall not be erected, used or maintained for dwelling, lodging, or other purposes, except as may be used for incidental recreation purposes when erected on the same lot as a dwelling and used only by the residents of the dwelling, and as regulated in chapter 2 of this title. (Ord., 12-15-1964 as amended)

Public sewerage and water systems shall serve buildings and uses in accordance with requirements of other village codes or ordinances. (Ord., 12-15-1964 as amended)

No building shall hereafter be erected or altered in a floodplain area which has the elevation of a floor including a basement or crawl space floor lower than three feet (3') above the established flood crest elevation. (Ord., 12-15-1964 as amended)

Excavations of, or the removal of topsoil from, any property in the village is prohibited except as such excavations, or removal of topsoil, is incidental to the erection and maintenance of structures or appurtenances thereto or the use of property permitted by this title and other ordinances of the village. (Ord., 12-15-1964 as amended)

Signs and other advertising devices shall be in accordance with regulations set forth in title 4, chapter 4 of this code and regulations of this title. (Ord., 12-15-1964 as amended)

   A.   To provide for the location of special classes of uses which are deemed desirable for the public welfare within a given district or districts, but which are potentially incompatible with typical uses herein permitted within them, a classification of special uses is hereby established.

   B.   Uses as hereinafter enumerated in each district, which are allowable special uses in that district. A special use permit shall be considered at a public hearing before the real estate development board, and its report of finding of facts and recommendations shall be made to the village board following the public hearing. The village board may allow the special use in the district indicated, under the conditions stipulated hereinafter, and may impose such additional conditions as it considers necessary to protect the public health, safety and welfare.

   C.   Where a building or structure and the use thereof or use of land lawfully exists on the effective date of this title or subsequent amendments thereto, and such use is classified by this title as an allowable special use in the zoning district where it is located, an existing building or structure and the use thereof or the use of land where no building or structure is involved, comprising such a special use shall be considered a lawful special use. Any expansion or major alteration of such existing legal special uses, including new buildings or structures, additions or enlargements to existing buildings or structures or expansion of use of land where no buildings or structures are involved may be made, provided such improvements are within the boundaries of the lot containing such special use as existed on the effective date of this title, and further provided that such improvements comply with applicable regulations for a permitted use in the district where located. (Ord., 12-15-1964 as amended)

   A.    Applicability. The following provisions apply to any tobacco store, general, or tobacco store, retail, established in the Village on or after October 19, 2022.

   B.   Size. No tobacco store, general, or tobacco store, retail, shall occupy a tenant space containing less than 1,600 square feet of floor area, gross (floor area ratio) as defined in Code Section 5-1-3.

   C.   Location. No tobacco store, general, or tobacco store, retail, may locate within 500 feet of a property line of a preexisting (1) tobacco store, general; (2) tobacco store, retail; (3) public or private school; (4) park; (5) public library; (6) childcare facility; or (7) other building used for education or recreational programs for persons under the age of twenty one (21) years. (Ord. 22-47, 10-18-2022)

   A.   Applicability. The following provisions apply to any day care center, learning center, nursery school, or trade or vocational school established in the Village on or after December 17, 2024.

   B.   Location. No day care center, learning center, nursery school, or trade or vocational school, may locate within 500 feet of a property line of a preexisting (1) day care center; (2) learning center; (3) vocational school; or (4) trade or vocational school. (Ord. 2024-70, 12-17-2024)