(A) Use regulations and use established. The use district regulations and the uses that are permitted in the use districts are hereby established. Any use that is not specifically permitted is hereby declared to be a prohibited use and lawful. A use that is not permitted in any district shall not be considered an accessory use in that district.
(B) Compliance with provisions.
(1) All new buildings and other structures shall be erected and all existing buildings and other structures shall be altered, enlarged or moved, and all buildings, structures, land or premises shall be used, designed or intended to be used only in accordance with the use, height, area, yard and open space requirements of this chapter as permitted in the district in which the buildings, structures, land or premises are located.
(2) No building shall be erected nor shall any open space surrounding any building or space otherwise required by this chapter be enclosed upon or reduced in any manner, except in conformity to the yard, lot area, open space, building location and off-street parking and loading regulations hereinafter designated for the district in which the building or open space is located.
(C) Open space requirements.
(1) No yard, court or other open space provided about any building on a lot for the purpose of complying with the provisions of these regulations shall be considered as providing a yard, court or other open space for a building on any other lot.
(2) Every part of a required yard or court shall be open from its lowest point to the sky, unobstructed; except that, architectural features, not including vertical projections, may extend or project into a required yard not more than three feet.
(D) Clear vision at intersections. For the purpose of providing uninterrupted vision at street intersections, no structure, tree, plant or hedge extending three feet above the adjacent street grade shall be allowed within the area bounded by the center lines of two or more intersecting streets and a straight line connecting the center lines of the intersecting streets at a distance of 80 feet from the intersection of the street corner lines.
(E) Accessory buildings and structures.
(1) On a through lot, no accessory building shall be erected or altered so as to encroach upon the front yard required for the lot at the nearest street, nor shall the building be closer to a side lot line than that required for a main building in that district.
(2) In any residential district, no accessory building shall be erected or altered in any rear yard such as to place the foundation of the building closer than three feet from the side lot line of a contiguous lot or so as to place any portion of the building in any public utility easement. No accessory building shall be erected or altered so as to place the foundation of the building closer than six feet to the foundation of the principal building, nor shall any principal building be altered so as to place the foundation of the principal building closer than six feet to the foundation of an accessory building.
(3) In any residential district, no accessory building, including a private garage, shall be erected or altered in any rear yard so as to place any portion of the building closer than five feet to the rear lot line or so as to place any portion of the building in a public easement.
(4) No motor fuel pumps for dispensing gasoline or diesel fuel shall be located closer than 12 feet to a street property line.
(F) Grading; removal of topsoil. No topsoil or fill material may be removed from any lot or parcel of land within the village, except that which is displaced by a structure or improvement nor may the topography of the land be changed in any manner whatsoever other than that normally required for the construction of a building or other structure, except upon submittal to and approval by the Plan Commission of a grading plan; the plan to be submitted in triplicate and drawn to a horizontal scale on one inch equals 25 feet with profiles drawn to a scale of one inch equals five feet.
(G) Subdividing large lots. A large lot may be subdivided into small lots, providing the smaller lots conform to the lot requirements of the district in which the lots are situated; however, the Building Inspector shall not issue permits for same unless a registered plat of the subdivision shall be filed with and approved by the Village Board.
(H) Classification of annexed land. All territory which may hereafter be annexed to the village shall automatically be classed as lying and being in the R-1 Residential District, until the classifications shall have been changed by an amendment to this chapter, as provided by law.
(I) Materials prohibited as fill. Materials that are prohibited for use as fill are those materials that are detrimental to the health, safety, welfare and future development of the community such as, but not limited to:
(1) Paper and paper products;
(2) Glass and broken glass;
(3) Cans and containers;
(4) Pieces of masonry, concrete and stones exceeding one cubic foot in volume;
(5) Wood and wood products;
(6) Vegetation and vegetable refuse;
(7) Scrap building materials;
(8) Materials subject to decay, rot or other deteriorations; and/or
(9) Chemical refuse and residues.
(J) Requirements for block sizes, streets, alleys and/or easements and fire hydrants. See § 159.047(A).
(K) Requirements for surface drainage ditches and/or sewers and flood plain restrictions. See § 159.047(A).
(Prior Code, § 9B-2-3) (Ord. 715, passed 1-4-1979; Ord. 743, passed 6-7-1979)