§ 46-15. Site regulations.

(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 or load 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 plan commission, in applying the provisions of this section shall, in writing, recite the particular facts upon which it bases its conclusion that the land is not suitable for certain uses. The applicant shall have an opportunity to present evidence contesting such unsuitability if he so desires. Thereafter, the plan commission may affirm, modify or withdraw its determination of unsuitability.

(b)

All lots shall abut upon a public street and each lot shall have a minimum frontage at the setback line as required by the zoning district in which the lot is located. Lots abutting upon a cul-de-sac or on the outside radius of a curved street may be less than the required lot width at the street right-of-way, but in no case shall such lots be less than 40 feet in width at the street right-of-way nor less than the required lot width at the setback line.

(c)

All principal structures shall be located on a lot in single-family, two-family and multiple-family residential districts; and only the principal structure shall be located, erected or moved onto a lot. More than one structure per lot may be permitted, however, in a duly approved PUD or in other districts where more than one structure is needed for the orderly development of the parcel. Where additional structures are permitted, the plan commission 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 setbacks 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)

A buffer yard may be required to be created and maintained around all business and industrial districts which abut a residential, park or institutional district and any multi-family residential district that abuts a single-family residential, two-family residential, business or industrial district. Buffer yards shall screen such uses from adjoining lands in such a manner that:

(1)

If a buffer yard is composed mostly of plants, the plants shall be of sufficient depth, height, and varieties as to provide dense visual screening within three years and during all seasons of the year. Existing healthy plants of desirable species may be used to meet the screening requirement.

(2)

Where architectural walls or fences are used, sufficient landscaping shall be used in conjunction with such wall or fence, except those in the B-3 district, to create an attractive view from the adjacent property. Any wall or fence shall comply with the requirements set forth for fences in subsection 46-11(8).

(3)

Buffer yards shall be used only for landscaping, screening, drainage facilities, utilities, fences, walls and earth berms. Required buffer yards may be located within required setbacks; however, structures, other than those mentioned above, and parking spaces are not allowed in a landscaped buffer yard.

(4)

Where a buffer yard is located next to a parking lot on the same site, the buffer screen shall be sufficiently opaque to prevent the penetration of headlight glare. Overhead lighting installed in or adjacent to a buffer yard shall not direct any rays onto adjacent properties.

(5)

All landscaping shall be maintained by the owner or operator to the satisfaction of the village.

(6)

No signs shall be permitted on or in any part of the buffer yard without approval of the plan commission.

(7)

All buffer yards shall comply with the traffic visibility requirements set forth in section 46-921.