§ 152.043 APPLICATION.

   (A)   Compliance. All lots, uses and structures shall comply with the standards set forth in the district in which they are located, except as otherwise provided for in this chapter. Uses and structures in all districts shall comply with all other provisions of this chapter, including §§ 152.240 et seq. through §§ 152.415 et seq., and all other applicable federal, state and local codes and ordinances.

   (B)   Allowable uses. Allowable land uses are specifically listed within each district and are classified as follows:

      (1)   Permitted use. A use allowed by right, if otherwise in compliance with the standards set forth in the applicable zoning district.

      (2)   Special use. A use that may be compatible with permitted uses, if approved by the village at its discretion, subject to a public hearing and conditions.

      (3)   Accessory use. A use that is customarily incidental and subordinate to the principal use and located on the same lot as the principal use.

   (C)   Unlisted uses. Any use of land not specifically permitted is prohibited, except that the Zoning Board of Appeals shall have the power to classify a use that is not specifically listed along with a comparable permitted or prohibited use for the purpose of clarifying the use regulations in any district, if so petitioned in accordance with the requirements of this chapter. If the Zoning Board of Appeals finds no comparable uses based on an examination of the characteristics of the proposed use, it shall so state and the Planning Commission may be petitioned to initiate an amendment to the text of the ordinance to establish the appropriate district(s), type of use (by right or special approval) and criteria that will apply for that use. Once the ordinance has been amended to include the new regulations, then an application to establish that use can be processed.

   (D)   Lots.

      (1)   No lot or setback area existing before the effective date of this chapter shall be reduced below the minimum area or dimensions established herein.

      (2)   All lots and setback areas created after the effective date of this chapter shall comply with the minimum requirements established herein.

      (3)   No portion of any lot improved with a structure shall be used to create another lot, unless each lot resulting from the lot division, lot line adjustment or sale conforms to all of the requirements established herein.

   (E)   Zoning vacated areas. Whenever any road, alley or other public right-of-way or portion thereof within the village is vacated, it shall automatically be zoned the same district as the adjacent property to the centerline of the right-of-way.

(Ord. 37, passed 8-28-2005) Penalty, see § 152.999

§ 152.044 TABLE OF DIMENSIONS.

Zoning District	Minimum Lot Area	Minimum Lot Width (In Feet)	Minimum Front Yard/ Setback (In Feet)	Minimum Side Yard/ Setback (In Feet)	Minimum Rear Yard/ Setback (In Feet)	Maximum Lot Coverage	Maximum Building Height
R1	0.75 acres./ 0.5 acres1	85	30	8	30	30%	2.5 stories/35 feet
R2	12,000 square feet	66	30	6	30	30%	2.5 stories/35 feet
R3	8,712 square feet	66	30	6	20	40%	2.5 stories/35 feet
R4	8,712 square feet2	66	20	6	20	40%	2.5 stories/35 feet
ROB	8,712 square feet	66	20	6	20	40%	2.5 stories/35 feet
CBD	None	None	N/A3	None4	None5	None	3 stories/40 feet
SBD	5,000 square feet	66	25	None6	20	50%	2.5 stories/35 feet
RTO	1 acre	200	507	258	409	40%	2.5 stories/35 feet
O	8,712 square feet	66	20	6	20	40%	2.5 stories/35 feet
PL	11,000 square feet	66	30	N/A10	N/A10	35%	2.5 stories/35 feet
10.75 acres without public sewer; 0.5 acres with public sewer.
2Single-family dwellings only. Lots occupied by two-family dwellings shall be 10,000 square feet. Lots occupied by multiple-family dwellings shall comply with § 152.123(D).
3The front setback line shall be established by the existing building line within 200 feet on both sides of the lot.
4When abutting a residential district, the side yard shall be the same as the required side yard in the residential district.
5When abutting a residential district or use, the rear yard shall be at least 20 feet.
6The principal building may be constructed on the side lot line; however, the total minimum side yard shall be 15 feet. When abutting a residential district or use, the side yard shall be at least 20 feet.
7Where parking spaces are located in the front yard the front setback shall be at least 75 feet.
8When abutting a residential district or use, the side yard shall be at least 50 feet.
9When abutting a residential district or use, the rear yard shall be at least 70 feet.
10Side and rear yards shall conform to the requirements of the abutting zoning district.

 

(Ord. 37, passed 8-28-2005; Ord. 82, passed 5-12-2008; Ord. 98, passed 3-28-2011)

§ 152.045 TABLE OF USES.

   (A)   The following table lists permitted uses and special land uses by zoning district.

   (B)   Uses marked with a “P” are a permitted use and do not require a public hearing.

   (C)   Uses marked with an “S” are a special land use and do require a public hearing.

   (D)   For definition of LAND USES see § 152.267.

LAND USE	R1	R2	R3	R4	ROB	CBD	SBD	RTO	O	PL
Adult foster care family home (1 to 6 adults)	P	P	P	P	P	S			S
Adult foster care small group home (7 to 12 adults)	S	S	S	S	S	S	P
Adult foster care large group home (13 to 20 adults)							P
Adult foster care congregate facility (>20 adults)							S
Artificial pond	S
Bed and breakfast inn	S	S	S	S	S	S	P		S
Book, magazine and newspaper printing								S
Business support service					S	P	P	P	P
Cemetery										P
Central dry cleaning plant									S
Changeable message sign							S
Commercial indoor recreation						S1	S
Commercial kennel							S
Commercial outdoor display							S
Commercial outdoor recreation							S	P		S
Composting center									S
Conference center							S	S
Construction contractor’s establishment								S
Convenience store without gasoline sales						P	P		S
Day Care: child care center		S	S	S	S		P
Day Care: family day care home (1 to 6 children)	P	P	P	P	P	S			S
Day Care: group day care home (7 to 12 children)	S	S	S	S	S
Dwelling, multiple-family				P	S	-
Dwelling, single-family	P	P	P	P	P	S			P
Dwelling, two-family				P		-
Dwelling, upper floor						P			P
Farmers market						P	S		P	P
Financial institution with up to three drive-through windows						S	P	P	S
Financial institution without drive- through window						P			S
Funeral home and mortuary				S		S	P		S
Health club							P
Home for the elderly	S	S	S	S	S		P
Home occupation	S	S	S	S	S				S
Hospital							S
Hotel and motel						S	P2
Indoor self-storage facility							S	S
Landscape nursery							S
Laundromat and dry cleaner						P	P		S
Light manufacturing								S
Limited warehousing and wholesale establishments								S
Manufactured home park	S
Marihuana grower facility - Class A or B							S	S
Marihuana grower facility - Class C								S
Marihuana microbusiness							S	S
Marihuana processor facility								S
Marihuana retailer							S	S
Marihuana safety compliance facility							S	S
Marihuana secure transporter facility							S	S
Nursing home				S	S		P
Office: business, professional, medical and dental and non-profit					P6	P	P	P	P
Outdoor recreational vehicle storage lot							S
Parcel delivery service								S
Personal service					P6	P	P		P
Photography, art and craft studio and gallery					P6	P	P		P
Private club							S
Produce stand							S
Public and private riding stables										S
Public building	S	S	S	S	S	P	P	P	P	P
Public park	P	P	P	P	P	S	P		P	P
Public swimming pools and golf courses										S
Public utility facility				S			S	P		P
Recreation equipment rental							S
Religious institution	S	S	S	S	S	S	S			S
Research and development facility								P
Residential open space development	S	S	S
Restaurant, carry-out and open front							S
Restaurant, fast food							S
Restaurant, standard						P	P		S
Retail store and retail food store						P1/S3	P4/S5
Rooming house				P
School, elementary, middle and high	S	S	S	S		P	P		P	P
School, personal improvement					P6	P			P
School, vocational and higher education institution			S	S			S	S
Shopping center							S
Tavern and nightclub						P	P
Telecommunication tower								S		S
Theater						S	P		S
Tool and die machinery shop								S
Vehicle service station						S	S		S
Vehicle repair service, vehicle dealership and car wash							S
Veterinary clinic						S	S		S
Video rental establishment							P
1Maximum 5,000 square feet of floor area. 2Maximum 20 guest rooms. 3More than 5,000 square feet of floor area. 4Maximum 15,000 square feet of floor area. 5More than 15,000 square feet of floor area. 6See restrictions in § 152.141(B) P= Permitted Land Use (No public hearing required) S= Special land use (Public hearing required)

(Ord. 37, passed 8-28-2005; Ord. 98, passed 3-38-2011; Ord. 153, passed 12-14-2020; Ord. 154, passed 1-11-2021)

LOW DENSITY RESIDENTIAL DISTRICT

§ 152.060 PURPOSE.

   The purpose of the Low Density Residential District (R1) is to encourage single-family residential uses on relatively large lots. The requirements of this district are designed to protect the essential character of low density, single-family residential areas and to encourage a high quality, suitable and safe environment for family life.

(Ord. 37, passed 8-28-2005)

§ 152.061 PERMITTED USES.

   (A)   One single-family dwelling per lot.

   (B)   Public parks.

   (C)   Family day care homes (one to six children).

   (D)   Adult foster care family homes (one to six adults).

   (E)   Accessory uses customarily incidental and subordinate to permitted uses, including accessory dwelling units (ADUs).

(Ord. 37, passed 8-28-2005; Ord. 161, passed 8-8-2022)

§ 152.062 SPECIAL LAND USES.

   The following special land uses are permitted in the R1 District, subject to compliance with §§ 152.240 et seq.

   (A)   Group day care homes (seven to 12 children);

   (B)   Adult foster care small group homes (seven to 12 adults);

   (C)   Homes for the elderly;

   (D)   Religious institutions;

   (E)   Public buildings;

   (F)   Elementary, middle and high schools;

   (G)   Bed and breakfast inns;

   (H)   Home occupations;

   (I)   Residential open space development;

   (J)   Artificial ponds; and

   (K)   Manufactured home park.

(Ord. 37, passed 8-28-2005)