A. Use. No building or premises shall be used and no building shall be erected or altered within the D Light Industrial District, unless otherwise provided for in this title, except for the following uses (separately or in combination):
1. Principal Use.
a. Any use permitted by right in the C-2 (General Retail) Commercial District regulations, in compliance with all provisions on the C-2 (General Retail) Commercial District regulations,
b. Building material storage yard,
c. Coal, coke, wood, oil or similar storage yard or facility,
d. Dyeing or cleaning establishment,
e. Storage warehouse,
f. Tinsmithing or sheet metal shop;
2. Special Use. As a special use, subject to the conditions and requirements set forth in this chapter and in Chapter 17.56, any one of the following:
a. Automobile service state; provided that, such station shall not be located or maintained within two hundred (200) feet of any building used or constructed for use in whole or in part as a church or temple, library, community or parish house, or public or private school or kindergarten (in measuring such minimum distance, the portion of such distance that lies within the boundaries of any public street shall be counted twice),
b. Parking lot; provided that, such parking lot shall provide for proper drainage to a storm sewer (as determined by the Zoning Administrator) and shall be surfaced with an all-weather, dust-proof surfacing material (as approved by the Zoning Administrator) which is maintained at all times in such a manner as to be free of dust, trash and debris. Upon such parking lot no motor vehicles, motor appliances, equipment or supplies shall be offered for sale, repaired or serviced, or be stored for any such purposes, and upon which area no motor vehicle shall stand, be stored or parked for a period exceeding forty-eight (48) hours. In addition, such parking lot shall provide for adequate and appropriate screening, landscaping and lighting (as determined by the Village Design Review Board),
c. Public garage; provided that, such garage shall not be located or maintained within two hundred (200) feet of any building used or constructed for use in whole or in part as a church or temple, library, community or parish house, or public or private school or kindergarten (in measuring such minimum distance, the portion of such distance that lies within the boundaries of any public street shall be counted twice).
Each of the above enumerated permitted uses may include accessory uses, buildings or other structures, as defined in Section 17.04.030, located on the same lot; provided, however, that satellite receiving dishes shall be subject to the conditions and requirements set forth in Chapter 17.56.
More than one principal building may be located on a lot;
3. Essential Public Use. Essential public use, either as a principal use or as an accessory use.
B. Height. No building shall exceed forty-two (42) feet in height, or four stories; provided that, the maximum height limitation may be increased to forty-seven (47) feet to permit construction or emplacement of an enclosure on the roof to contain machinery or equipment or to provide access; however, no portion of any such enclosure extending higher than forty-two (42) feet shall occupy more than ten (10) percent of the gross surface area of the roof nor be closer than ten (10) feet, measured horizontally, from the exterior face of the nearest building wall.
No accessory building shall exceed the following heights: on a lot having an area of less than one-half acre, one store or fourteen (14) feet; on a lot having an area of one-half acre or more, one and one-half stories or twenty (20) feet.
No structure shall exceed forty-two (42) feet in height. If a structure is attached to or supported by a building, its height, together with that of the building to which it is attached or supported, shall not exceed the height limit applicable to the building.
C. Intensity of Use of Lot. No commercial building shall occupy in excess of ninety (90) percent of the area of the lot. The ground floor of any building in the D Light Industrial District shall be used exclusively for commercial purposes. Any floor above the ground level of a commercial building may be used partially or wholly for residential purposes and any floor so used shall occupy not more than sixty (60) percent of the area of the an interior lot or not more than seventy (70) percent of the area of a corner lot.
D. Dwelling Unit Area Per Occupant. No dwelling unit containing less than three hundred fifty (350) square feet of interior floor area shall be occupied by more than one person. Every new dwelling unit erected or altered shall contain not less than three hundred fifty (350) square feet of interior floor area. A dwelling unit containing three hundred fifty (350) square feet or more of interior floor area may be occupied by two persons and shall contain at least one hundred fifty (150) square feet of interior floor area in excess of three hundred fifty (350) square feet for each person residing in such dwelling unit in excess of two persons; provided, however, that the number of persons entitled to occupy a dwelling unit shall not exceed seven. A newborn child need not be considered to be a resident until attaining the age of one year.
E. Side Yard. A side yard, if provided, shall be not less than three feet wide.
F. Rear Yard Setback. There shall be a rear yard setback of not less than ten (10) percent of the lot depth; provided, however, such rear yard setback need not be more than ten (10) feet. In the case of a through lot, the requirements for a rear yard setback may be waived by the Zoning Administrator if comparable open space (as approved by the Village Design Review Board) is provided in lieu of such required rear yard setback.
G. Inner Court. An inner court shall have a width of not less than six feet, nor shall its area be less than twice the square of its required least dimension.
H. Outer Court. An outer court shall have a width of not less than five feet, nor be less than two inches wide for each foot of length of such court from the closed end.
I. Permitted Obstructions in Required Yards and Courts. In accordance with the provisions of Chapter 17.68, certain buildings and other structures may be located in required yards or courts.
J. Division of Multiple-Family Dwelling. Division of ownership of a multiple-family dwelling erected in compliance with this title prior to August 5, 1997, or division of ownership of the lot upon which such multiple-family dwelling is situated into smaller parcels shall not be deemed to result in a violation of this title if appropriate agreements or covenants for maintenance and repair of the entire structure, appurtenances and lot and appropriate easements for ingress, egress and utilities, shall be submitted to and approved by the Village Council prior to making such division. Any such division of ownership shall be subject to all applicable provisions of the land subdivision regulations set forth in Title 16 of this code.
(Ord. MC-195-97 § 13, 1997; Ord. MC-188-97 § 6, 1997; prior code § 22.12)
(MC-6-2005, Amended, 09/20/2005; MC-8-2000, Amended, 11/21/2000, Subsection (F) Rear Yard amended)