§ 100-20. Site restrictions.

(a)

No land shall be used or structure erected where the land is unsuitable for such use or structure by reason of flooding, concentrated runoff, inadequate drainage, adverse soil or rock formation, unfavorable topography, low bearing strength, erosion susceptibility, or any other feature likely to be harmful to the health, safety, prosperity, aesthetics and general welfare of this community. The village zoning administrator, in applying the provisions of this section, shall, in writing, recite the particular facts upon which he bases his conclusion that the land is not suitable for certain uses.

(b)

All residential lots shall abut a public street, and each lot shall have the minimum frontage as required by this chapter unless specifically exempted by the board of zoning and building appeals.

(c)

All principal structures shall be located on a single lot and only one principal structure shall be located, erected or moved onto a lot in the residential and B-1 business district. More than one principal structure shall be allowed within the R-3 and R-10 districts in accordance with an approved site plan or conditional use. The board of zoning and building appeals may permit more than one structure per lot in districts B-2 through M-5 where more than one structure is needed for the orderly development of the parcel. Prior to allowing more than one principal structure per lot within any business zoning district, the board of zoning and building appeals shall request that the plan commission review and comment on the request. Prior to allowing more than one principal structure per lot within any manufacturing zoning district, the board of zoning and building appeals shall request that the economic development committee review and comment on the request. Where additional structures are permitted, the board of zoning and building appeals may impose additional yard requirements, landscaping requirements, or parking requirements, or require a minimum separation distance between principal structures.

(d)

No building permit shall be issued for a lot which abuts a public street dedicated to only a portion of its proposed width and located on that side thereof from which the required dedication has not been secured.

(e)

Lots abutting more restrictive district boundaries shall provide side and rear yards not less than those required in the more restrictive abutting district. The street yards on the less restrictive district shall be modified for a distance of not more than 60 feet from the district boundary line so as to equal the average of the street yards required in both districts.

(f)

If the applicant contests the findings of the zoning administrator as to site restrictions, then the applicant may appeal the decision of the zoning administrator to the board of zoning and building appeals. Such appeal shall be conducted as set forth in article XII of this chapter. The fee for appealing the decision of the zoning administrator shall be as set forth in section 100-23 of this chapter.

(Ord. No. 572, § I(9.0211), 2-6-96; Ord. No. 700, § I, 1-21-03; Ord. No. 731, § I, 4-20-04)