Zoning maps for New Milford and the surrounding areas in Winnebago County can be found at the Winnebago County Geographic Information System WinGIS.
CHAPTER 21
ZONING
ARTICLE I. GENERAL PROVISIONS
Sec. 21-1. TITLE.
This chapter shall be known, cited, and referred to as “The Zoning Ordinance of the Village of New Milford.”
Sec. 21-2. PURPOSE OF CHAPTER.
This chapter is adopted for the following purposes:
(1) To provide for the citizens of the Village adequate light, pure air, and safety from fire and other dangers, to conserve the value of land and buildings, to lessen or avoid congestion of traffic on the public roads, and to promote the public health, safety, comfort, convenience, morals, and general welfare.
(2) To protect the character and the stability of the residential, business, and industrial areas within the village and to promote the orderly and beneficial development of such areas in a harmonious manner.
(3) To establish restrictions in order to attain these objectives by adopting a zoning ordinance that will revise the districts into which the village is divided, the restrictions upon the uses to which land and buildings may be devoted, the restrictions upon the location and height of buildings, the restrictions upon the intensity of the use of land and buildings, the requirements for yards, the requirements for off-street parking facilities, the provisions for administration and enforcement of this chapter, the penalties for violation of this chapter, and the procedure, powers, and duties of the board of appeals.
(4) Upon the approval, passage, and publication in pamphlet form of this ordinance, the previous ordinance in effect for the Village of New Milford to regulate the zoning shall become null and void. Upon the effective date of this ordinance, all zoning within the jurisdiction of the Village of New Milford shall be regulated by this ordinance. To the extent that the previous ordinance is in conflict with this ordinance, said conflicts will be classified as a pre-existing nonconforming use, and the owners of said premises shall be entitled to the legal heights as set forth by this ordinance and state law. Upon the effective date of this ordinance, all zoning chapters shall be regulated by this ordinance.
Sec. 21-3. DEFINITIONS-CLARITY OF INTERPRETATION.
In the construction of this chapter, the definitions contained in this section shall be observed and applied, except when the context clearly indicates otherwise. The following words use shall apply in order to provide clarity to interpretation:
(a) Words used in the present tense shall include the future, and words used in the singular number shall include the plural number and the plural the singular.
(b) The word “shall” is mandatory and not discretionary.
(c) The word “may” is permissive.
(d) The word “lot” shall include the words “plot” and “parcel.”
(e) The word “building” includes all structures of every kind, regardless of similarity to buildings.
(f) The phrase “used for” shall include the phrases “arranged for”, “designed for”, “intended for”, “maintained for”, and “occupied for”.
(g) Words not defined shall be interpreted in accordance with definitions contained in Webster’s Dictionary.
Sec. 21-4. DEFINITION-ENUMERATION.
The following words and terms, whenever they occur in this chapter, shall be interpreted as herein defined:
ABANDONMENT. Voluntary action to give up one’s rights or interests in property.
ACCESSORY BUILDING. An accessory building is one which:
(a) Is subordinate to and serves a principal building or principal use;
(b) Is subordinate in area, extent, or purpose to the principal building or principal use served;
(c) Contributes to the comfort, convenience, or necessity or occupants of the principal building or principal use served; and,
(d) Is located on the same zoning lot as the principal building or principal use served with the single exception of such accessory off-street parking facilities as are permitted to locate elsewhere than on the same zoning lot with the building or use served.
(e) Drop boxes as defined above in the recital paragraphs.
ACCESSORY USE. An “accessory use” includes but is not limited to the following:
(a) A children’s playhouse, garden house, and private greenhouse;
(b) A garage, carport, shed, or building for domestic storage;
(c) Storage of merchandise normally carried in stock on the same lot with any retail service or business use, unless such storage is excluded by the district regulations;
(d) Storage of goods used in or produced by manufacturing activities, unless such storage is excluded by the district regulations;
(e) A nonpaying guest house or rooms for guests within an “accessory building,” provided such facilities are used for the occasional housing of guests of the occupant of the principal building and not for permanent occupancy;
(f) Quarters comprising part of an accessory garage and solely for occupancy by a household employee (and his or her family) of the occupants of the principal dwelling;
(g) Swimming pool, private, for use by the occupant and his guests;
(h) Off-street automobile parking uses and loading and unloading facilities;
(i) Signs (other than advertising signs) as permitted and regulated in each district incorporated in this chapter;
(j) Public utilities, facilities, telephone, electric, gas, water, and sewer lines, their supports, and incidental equipment.
ADVERTISING DEVICE. An advertising sign, billboard, or poster panel which directs attention to a business, commodity, service, or entertainment not exclusively related to the premises where such “advertising device” is located or to which is affixed but does not include those advertising signs, billboards or poster panels which direct attention to the business on the premises or to a brand name of a product or commodity with which the business is specifically identified and which is sold on the premises.
ALLEY. A public way, used as a secondary means for vehicular access to the rear or side of properties otherwise abutting on a street.
APARTMENT. A room or suite of rooms in a multiple-family structure that is arranged designed, used, or intended to be used as a single housekeeping unit. Complete kitchen facilities, permanently installed, must always be included in each apartment.
ARCADE, SEXUALLY ORIENTED. “Sexually-Oriented” Arcade means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically or mechanically-controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of “special sexual activities” or “specified anatomical areas.” (See “Bookstore or Video Store, Sexually-Oriented”)
AUTOMOBILE REPAIR, MAJOR. Engine rebuilding or major reconditioning of worn or damaged motor vehicles or trailers; collision service, including body, frame, or fender straightening or repair, and painting of vehicles.
AUTOMOBILE REPAIR, MINOR. Incidental repairs, replacement of minor parts, and motor service to automobiles, but not including any operation specified under “Automobile repair, major.”
AUTOMOBILE SERVICE STATION. A place where gasoline, stored only in underground tanks kerosene, lubrication, oil, or grease for the operation of automobiles are offered for sale directly to the public on the premises, and including minor accessories and the servicing of automobiles; but not including major automobile repairs; and including washing of automobiles where no chain conveyor, blower of the steam cleaning device is employed. When the dispensing, sale, or offering for sale of motor fuels or oil is incidental to the conduct of an automobile service station, the premises shall be classified as a public garage. Automobile service stations shall not include the sale or storage of automobiles or trailers (new or used).
AUTOMOBILE AND TRAILER SALES AREA. An open area, other than a street, used for the display or sale of new or used automobiles or trailers, and where no repair work is done except for minor incidental repair of automobiles or trailers to be displayed and sold on the premises.
BABYSITTING SERVICES. A building or portion thereof is used for the care of from one (1) to seven (7) children, excluding the children of the occupant of the building residing in said building and subject to the Home Occupation permit requirements.
BASEMENTS. A portion of a building with a floor located below the grade level. A basement shall be counted as a story for the purpose of height regulations if one-half (1/2) or more of its height is above grade level.
BLOCK. A tract of land bounded by streets or, in lieu of a street or streets, by public parks, cemeteries, railroad rights of way, bulkhead lines or shorelines of waterways, or corporate boundary lines of municipalities.
BOOKSTORE OR VIDEO STORE, SEXUALLY-ORIENTED. “Sexually-Oriented” Bookstore or “Sexually-Oriented” Video Store means a commercial establishment that, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following:
(a) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations which depict or describe “specified sexual activities” or “specified anatomical areas”; or
(b) Instruments, devices, or paraphernalia that are designed for use in connection with “specified sexual activities.” A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing “specified sexual activities” or “specified anatomical areas” and still be categorized as a “Sexually-Oriented” Bookstore or “Sexually-Oriented” Video Store. Such other business purposes will not serve to exempt such commercial establishment from being categorized as a “Sexually- Oriented” Bookstore or “Sexually-Oriented” Video Store as long as one of its principal business purposes is the offering for sale or rental for consideration of the specified materials which depict or describe “specified sexual activities” or “specified anatomical areas.”
(c) “Specified Sexual Activities” means and includes any of the following:
1. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;
2. Sex acts, normal or perverts, actual or simulated, including intercourse, oral copulation, or sodomy;
3. Masturbation, actual or simulated; or
4. Excretory functions as part of or in connection with any of the activities set forth in A through C above.
BUILDABLE AREA. The space remaining on a lot after the minimum open space, yards, and setbacks requirements of this chapter have been complied with.
BUILDING. Any structure having a roof supported by columns or walls for the sheltering or enclosure of persons, animals, chattels, or property of any kind.
BUILDING, DETACHED. A free-standing building surrounded by open space on the same zoning lot.
BUILDING SETBACK LINE. A line parallel to the street line at a distance from it is regulated by the setback requirements established in this chapter.
BULK. The term is used to indicate the size and setbacks of buildings or structures and the location of same with respect to one another and includes the following:
(a) Size and height of buildings;
(b) Location of exterior walls at all levels in relation to lot lines, streets, or other buildings;
(c) Gross floor area of buildings in relation to lot area (floor area ratio);
(d) All open spaces allocated to the building;
(e) Amount of lot area per dwelling unit; and,
(f) Required parking areas.
CAMPING APPARATUS. Included but not limited to tents and all other temporary structures used for overnight camping.
CAMPING TRAILER. A canvas, material, or other metal folding structure mounted on wheels and designed for travel, recreational, or vacation uses.
CELLAR. A portion of a building or structure more than one-half (1/2) underground and not used or intended to be used for human occupancy.
CLINIC, MEDICAL OR DENTAL. A building or complex in which an organization of physicians or dentists, or both, works cooperatively and has their offices in a common building. A clinic shall not include in-patient care.
CLUB OR LODGE, PRIVATE. A nonprofit association of persons who are bona fide members paying annual dues, which owns, hires, or leases a building or portion thereof, the use of such premises being restricted to members and their guests. All private clubs or lodges as defined above shall be permitted to rent or lease their premises that are not inconsistent with the permitted uses of the said facility of the private club or lodge.
COMMERCIAL TRUCK. A truck is used primarily for commercial purposes. Commercial trucks with a license over a B designation are not permitted to be parked on residentially zoned lots. Semitrailers, full trailers, and diesel cabs are considered to be commercial trucks.
CONTRACTOR EQUIPMENT. Any and all equipment, machinery, and other physical property used by a contractor in the performance of his business.
DAY NURSERY SCHOOL. A building or portion thereof is used for the care of eight (8) or more children, excluding the children of the occupant of the building residing in said building.
DILIGENTLY PURSUED TO COMPLETION. An active building permit indicating periodic inspection by the Winnebago County Building department or other designated officers of the village.
DISTRICT. An area or section of the village within which certain uniform regulations and requirements, or various combinations thereof, apply under the provisions of this chapter.
DRIVE-IN RESTAURANT. Any establishment where food and/or beverages are sold to customers for consumption primarily in an automobile parked upon the premises.
DWELLING. A building designed, constructed, or intended for human habitation, complying with all of the requirements in Section 21-7 through Section 21-20 herein.
DWELLING, ATTACHED. A dwelling is jointed to another dwelling at one or more sides by a party wall or walls.
DWELLING, ONE-FAMILY. A dwelling unit designed exclusively for use and occupancy by one family.
DWELLING, TWO-FAMILY. A building designed or altered to provide dwelling units for occupancy by two (2) families living independently of each other with separate kitchen facilities.
EDUCATIONAL INSTITUTION. A public, parochial, charitable, or non-profit elementary, junior high, high school, junior college, college or university, trade or business school, including instructional and recreational uses, with or without living quarters, dining rooms, restaurants, heating plants, and other incidental facilities for students, teachers, and employees.
ESCORT. A person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
ESCORT AGENCY. A person or business association who furnishes offers to furnish or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.
FENCE, SITE, TIGHT. A fence including a solid entrance and exit gates which effectively conceals from viewers in or on adjoining properties and streets, materials stored, and operations conducted behind it.
FIREWOOD PROCESSING. The method by which logs are converted into firewood by splitting, either by hand or by machine.
FLOOR AREA GROSS. For the purpose of determining requirements for off-street parking and off-street loading, the floor area shall mean the sum of the gross horizontal areas of the several floors of the building, or portion thereof, devoted to such use, including accessory storage areas located within selling or working space, such as counters, racks, or closets, and any basement floor area devoted to retailing activities, to the production or processing of goods, or to business or professional offices. However, floor area, for purposes of measurements for off-street parking spaces, shall not include Floor area devoted primarily to storage purposes (except as otherwise noted herein); floor area devoted to off-street parking or loading facilities, including aisles, ramps, and maneuvering space, or basement floor area other than area devoted to retailing activities, to the production or processing of goods, or to business or professional offices.
GRADE. The average level of the ground adjacent to the exterior walls of the buildings.
GUEST HOUSE. Living quarters within a detached accessory building located on the same lot as the principal building for use by temporary guests of the occupant of the premises. Such quarters shall not be rented or otherwise used as a separate dwelling.
HEIGHT, BUILDING. The peak or top part of the ridge line on a structure shall be the point of measurement.
HOSPITAL OR SANITARIUM. An institution devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment, or care for not less than twenty-four hours in any week or three (3) or more non-related individuals suffering from illness, disease, injury, or other abnormal physical conditions. The term “hospital” as used in this chapter, does not apply to institutions operating solely for the treatment of mentally ill persons, drug addicts, liquor addicts, or other types of cases necessitating restraint of patients, and the term “hospital” shall not be used for convalescent, nursing, shelter or boarding homes.
HOTEL, MOTEL, OR INN. An establishment containing lodging accommodations designed for use by transients, travelers, or temporary guests. Facilities provided may include maid service, laundering of linen used on the premises, telephone, and secretarial or desk service.
INDEPENDENT TRAVEL TRAILER PARK. A parcel of land upon which two (2) or more occupied independent travel trailers are parked.
JUNK YARD. An open area where waste, scrap metal, paper, rags, or similar materials are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including auto and building wrecking yards, but excluding similar uses taking place entirely within a completely enclosed building.
LEGAL OBJECTOR. An owner of a record of property located such that said the owner is among those to be notified of a public hearing for a proposed Special Use Permit, Variation, or Zoning Map Amendment for property located adjacent to or across the street or alley from the property of such owner of record.
LIMITED ACCESS HIGHWAY. A traffic way, including toll roads, for through-traffic, in respect to which owners or occupants of the abutting property or land and other persons have no legal right of access to or from the same, except at such points and only in such manner as may be determined by the public authority having jurisdiction over such roadway.
LOADING AND UNLOADING SPACE OR BERTH, OFF-STREET. An obstructed, hard-surfaced area of land other than a street or a public way, the principal use of which is for the standing, loading, and unloading of motor vehicles, tractors, and trailers, to avoid undue interference with public streets and alleys. Such space shall not be less than ten (10’) feet in width, thirty-five (35’) feet in length, and fourteen (14’) feet in height, exclusive of access aisles and maneuvering space.
LOT AREA. The area of horizontal plains is bounded by vertical plains containing the front, side, and rear lot lines.
LOT CORNER. A lot is situated at the junction of and abutting two (2) or more intersecting streets.
LOT COVERAGE. The area of a zoning lot is occupied by the principal building or buildings and accessory buildings.
LOT DEPTH. The area of a zoning lot is occupied by the principal building or buildings and accessory buildings.
LOT FRONTAGE. The lot frontage shall be that part of the lot extending across the front of the lot between the side yard lines and being the minimum horizontal distance between the street line and the main building or projections thereof other than the projection of unusual steps, entrance ways, unenclosed balconies, or open porch. For a corner lot, the owner may elect either street line as the front lot line.
LOT INTERIOR. A lot other than a corner lot, with frontage on only one street.
LOT REAR. The rear of the lot is that part of the property extending across the rear of the lot, measured between side lot lines and being the minimum horizontal distance between the rear lot lines and the rear of the main building or any projections other than steps, unenclosed balconies, or un-enclosed porches. On corner lots, the rear of the lot shall be considered as parallel to the street upon which the lot has the least dimensions. On both corner lots and interior lots, the rear yard shall, in all cases, be at the opposite end of the lot from the front yard.
LOT OF RECORDS. An area of land designated as a lot on a plat of subdivision recorded, pursuant to law.
LOT REVERSED CORNER. A corner lot, the rear of which abuts upon the side of another lot, whether across an alley or not.
LOT SIDE. The side of the lot shall be that part of the property between the main building and the side line of the lot and extending from the front lot line to the rear lot line.
LOT THROUGH. A lot has frontage on two (2) parallel or approximately parallel streets, which is not a corner lot. On a through a lot, both street lines shall be deemed to have front lot lines.
MARQUEE OR CANOPY. A roof-like structure of a permanent nature that projects from the wall of a building and over-hangs the public way and is designed and intended to protect pedestrians from adverse weather conditions.
MASSAGE PARLOR. Any establishment where any person engages in massage excluding, however, hospitals, nursing homes, sanitaria, persons holding an unrevoked certificate to practice healing arts in the State of Illinois, or persons working under the direction of any such persons in any such establishments, and also excluding barbers or cosmetologists lawfully carrying out their particular profession and holding a valid unrevoked license or certificate of registration issued by the State of Illinois and also excluding any person holding a valid license issued by a state that licenses massage therapists or any person who is a member in good standing of the American Massage Therapy or the American Oriental Bodywork Therapy Association.
MODULAR HOME. Manufactured housing constructed with standardized units or dimensions that meet all building code requirements.
MOTOR HOME. A portable, temporary dwelling to be used for travel, recreational, or vacation uses, constructed as an integral part of a self-propelled vehicle.
NONCONFORMING LOT. A lot of records exist at the date of the passage of this chapter which does not have the minimum width or contain the minimum area for the zone in which it is located.
NONCONFORMING STRUCTURE. A lawful structure that exists upon the adoption or amendment of this chapter that could not be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards, or other characteristics of the structure, or its location on the lot.
NONCONFORMING USE. The use of any structure or land lawfully occupied and maintained but which does not conform with the use regulations or required conditions for the district in which it is located, by reason of adoption of this chapter of amendments thereto.
NUDE MODEL STUDIO. Nude Model Studio means any place where a person who appears in a state of nudity or displays “specified anatomical areas” is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. “Nudity” or a “State of Nudity” means the appearance of a human bare buttock, anus, male genitals, female genitals, or full female breasts. “Specified Anatomical Areas” means the male genitals in a state of sexual arousal and/or the vulva or more intimate parts of the female genitals.
NURSING HOME, REST HOME, CONVALESCENT HOME. A private facility for the care of children or the aged or infirmed, or a place of rest for those suffering bodily disorders, but not including facilities used primarily for the treatment of sickness, injuries, or surgical care.
OBSTRUCTION. Any man-made object is other than a structure.
OPEN SALES LOT. Any land used or occupied for the purpose of buying, storing, and selling new or secondhand passenger cars or trucks, motor scooters, motorcycles, boats, trailers, aircraft, and monuments and for the storing of same.
PARKING AREA, PRIVATE. Any open, hard-surfaced area, other than a street or public way, designed, arranged, and made available for the storage of private passenger automobiles and pickup trucks, but not including trailers, mobile homes or boats, or occupants of buildings for which parking is developed and is accessory.
PARKING AREA, PUBLIC. An open, hard-surfaced area, other than a street or public way, intended to be used for the storage of passenger automobiles and commercial vehicles under one and one-half (1-1/2) tons capacity and available to the public, whether for compensation, free or as an accommodation to clients or customers.
PARKING SPACE, OFF-STREET. A useable off-street area with independent access, not included within the established front yard setbacks, at least nine (9’) feet by twenty (20’) feet for diagonal and perpendicular vehicle parking or at least eight (8’) feet by twenty-two (22’) feet for parallel vehicular parking.
PICK-UP COACH. A structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreational, or vacation uses.
PLANNED COMMUNITY DEVELOPMENT. A development occupying not less than ten (10) acres which shall include all land within the project boundaries plus all of the adjacent public right-of-way involving a related group of associated uses, is planned as an entity and, therefore, acceptable for development and regulation as one complex land use unit.
PORCH, COVERED. A roofed structure projecting out from the wall or walls of the main structure.
PRINCIPAL USE. The main use of land or buildings is distinguished from subordinate or accessory use.
PUBLIC OPEN SPACE. Any publicly-owned open area, including but not limited to the following: parks, playgrounds, forest preserves, beaches, waterways, parkways, and streets.
PUBLIC UTILITY. Any person, firm, corporation, or municipal department duly authorized to furnish, under public regulations, to the public, electricity, gas, steam, telephone, communications, transportation, water, or sewer.
RECREATIONAL CAMPGROUND. A tract of land upon which recreational vehicles and/or tents are located and occupied for travel, recreational or vacation purposes.
RECREATIONAL VEHICLE. A travel trailer, pick-up coach, motor home, or camping trailer.
SEXUALLY-ORIENTED BUSINESS. A “sexually-oriented” arcade, a “sexually-oriented” bookstore, or “sexually-oriented” video store, a massage parlor, an escort agency, or a nude model studio. (Each of these terms is defined within the “Definitions” section of this Ordinance).
STREET. A right-of-way is other than an alley, which affords a primary means of access to abutting property.
STRUCTURAL ALTERATIONS. Any change other than incidental repairs would prolong the life of the supporting members of a building or structure, such as bearing walls, columns, beams, and girders.
STRUCTURE. Structure means anything that is constructed or erected with a fixed location to the ground or attached to something having a fixed location to the ground. Among other things, structures include walls, buildings, fences, mobile homes, and swimming pools. Further included are “drop boxes,” whose purpose is to collect clothes and donations from the public, whether said “dropbox” is a permanent or temporary structure. The term “structure” includes the term “building.”
TRAVEL TRAILER, DEPENDENT. A Travel Trailer, as defined herein, is not equipped with a self-contained kitchen, toilet, bath, and shower facilities.
TRAVEL TRAILER, INDEPENDENT. A Travel Trailer, as defined herein, is equipped with a self-contained kitchen, toilet, bath, and shower facilities.
TRUCK PARKING AREA OR YARD. Any land used or intended to be used for the storage or parking of trucks, trailers, tractors, and commercial vehicles, while not loading or unloading, which exceeds one and one-half (1-1/2) tons in capacity.
VIDEO STORE, SEXUALLY-ORIENTED. (See BOOKSTORE OR VIDEO STORE, SEXUALLY-ORIENTED)
YARD OR SETBACK. An open space on the same zoning lot with a principal building or group of buildings, which is unoccupied and unobstructed, except as otherwise permitted in this chapter, and which extends along a lot line to a depth or width specified in the yard regulations for the district in which the zoning lot is located.
ZONING LOT. A parcel of land is considered or treated as a single unit. A zoning lot may or may not correspond with a lot or record.
ZONING MAPS. The map or maps incorporated into this chapter as a part thereof, designating zoning districts.
Sec. 21-5. INTERPRETATION OF CHAPTER.
(1) Minimum requirements. The provision of this chapter shall be held to the minimum requirements for carrying out the intent and purpose, as defined in Section 21-2.
(2) Relationship with other laws. Where the conditions imposed by any provision of this chapter upon the use of land, building, or upon the bulk of buildings are either more restrictive or less restrictive than comparable conditions imposed by any other provision of this chapter or any other law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive (or which impose higher standards or requirements) shall govern.
(3) Effect on private agreements. This chapter is not intended to abrogate any existing easements, covenants, conditions, restrictions, or any other private agreements, provided that where the regulations of this chapter are more restrictive or impose higher standards or requirements, all future easements shall meet the minimum requirements of this chapter.
Sec. 21-6. SCOPE OF REGULATIONS.
(1) Except as may otherwise be provided in Article II of 15 of this chapter, all structural alterations or relocation of existing structures occurring hereafter, and all enlargements of or additions to existing uses occurring hereafter, shall be subject to all regulations of this chapter which are applicable to the zoning districts in which such structures uses, or land shall be located.
(2) Nonconforming structures and uses. Any lawful structure or use existing at the time of the enactment of this chapter may be continued, even though such structure or use does not conform to the provisions of this chapter for the district in which it is located and whenever a district shall be changed hereafter, the then existing lawful use may be continued, subject to the provisions of Article II of this chapter.
(3) Building Permits. Where a building permit for a structure has been issued in accordance with the law prior to the effective date of this Ordinance, October 20, 1987, and provided that construction is begun within ninety (90) days of such effective date and diligently pursued in accordance with the approved plans on the basis of which the building permit has been issued, and further may upon completion be occupied under a certificate of occupancy by the use for which originally designated, subject hereafter to the provisions of Article II of this chapter.
Sec. 21-7. USE AND BULK REGULATIONS.
(1) Use. No structure or land shall hereafter be used or occupied, and no structure or part thereof shall be erected, raised, moved, reconstructed, replaced, extended, or altered except in conformity with the regulations herein specified for the district in which it is located.
(2) Bulk. All new structures shall conform to the building regulations established herein for the district in which each structure shall be located; except that parapet walls, windmills, aerial antennas, water towers, chimneys, cooling towers, elevated bulkheads, fire towers, stacks, and necessary mechanical appurtenances shall be permitted to exceed the maximum height provisions when erected in accordance with all other ordinances of the Village.
Sec. 21-8. LOT COVERAGE.
(1) Maintenance of yards, courts, and other open spaces. The maintenance of yards, courts, and other open spaces and minimum lot area legally required for a building shall be a continuing obligation of the owner of such building or the property on which it is located, as long as the building is in existence. Furthermore, no legally required yards, courts, or other open space or minimum lot area allocated to any building shall, by virtue of the change of ownership or for any other reason, be used to satisfy yard, court, other open space, or minimum lot area requirements for any other building, unless a variance is issued allowing said exception.
(2) Division of zoning lots. No improved zoning lot shall hereafter be divided into two (2) or more zoning lots unless all improved zoning lots resulting from each such division shall conform with all the applicable bulk regulations of the zoning district in which the property is located.
(3) Location of required open space. All yards, courts, and other open spaces allocated to a building or dwelling group shall be located on the same zoning lot as such building or dwelling group.
(4) Required yards for an existing building. No yards now or hereafter provided for building existing on the effective date of this chapter shall subsequently be reduced below, or further reduced below if already less than, the minimum yard requirements of this chapter for equivalent new construction.
(5) Permitted obstructions in required yards. The following shall be considered to be the only permitted obstructions when located in the required yards specified:
(a) IN ALL YARDS. Open terraces not over four (4’) feet above the average level of the adjoining ground but not including a permanent roofed-over terrace or porch; awnings and canopies; steps, four (4’) feet or less above grade, which are necessary for access to a permitted building, or for access to a zoning lot from a street or alley; chimneys
projecting eighteen inches (18”) or less into the yard; recreational and laundry-drying equipment; arbors and trellises, and flag poles.
(b) IN FRONT YARDS. One-story bay windows projecting three (3’) feet or less into the yard and overhanging eaves and gutters projecting three (3’) feet or less into the yard.
(c) IN REAR YARDS. Enclosed, attached, or detached off-street parking spaces; open off-street parking spaces; accessory sheds, tool rooms, and similar buildings or structures for domestic or agricultural storage; balconies; breezeways and open porches; one-story bay windows projecting three (3’) feet or less into the yard; and satellite dish fixtures.
(d) IN SIDE YARDS. Overhanging eaves and gutters projecting into the yard for a distance not exceeding forty (40%) percent of the required yard width, but in no case exceeding thirty (30”) inches.
(e) FENCES, WALLS, AND HEDGING IN ALL ZONE DISTRICTS.
(1) Fences, walls, hedges, and trees which may be in conflict with public traffic signals or signs, railroad signals or signs, emergency lights, or the movement of traffic shall not be permitted and may be removed or trimmed if the Village considers it in the interest of public safety.
(2) Interior lots: Fences, walls, and hedges shall be prohibited in the front yard of any lot. In side and rear yards, a maximum height of six feet (6’) is permitted. Notwithstanding the foregoing, any fence located in the side yard shall not extend forward towards the street beyond the front face of the building located on the lot and into the front yard. (Ordinance No. 2015-5)
(3) Corner lots (Vision Clearance): On any corner lot, within the triangular area formed by the two (2) street center lines and a third line connecting two (2) points, one of which is located on each of the two (2) street center lines at a point equal to one and one-half (1-1/2) times the width of the right-of-way of that street from said street center lines allowed to grow in such a manner as to materially impede visions above the plane surface formed by the center line grades of the aforementioned streets.
(4) Subject to the fencing requirements of the County Health Code, swimming pools shall be enclosed within a wall, fence, or hedge with a maximum height of six (6’) feet and a minimum height of four (4’) feet. Such fencing may be an extension of bearing walls of existing structures in the rear yards but shall not project closer than six (6’) feet to the side or rear lot lines if the fencing is an extension of bearing walls of an existing structure.
(5) Notwithstanding anything to the contrary contained in this Section, in all commercial and industrial districts, all walls, fences, or hedges shall not be less than six (6’) feet nor more than eight (8’) feet in height. Any fence that is constructed on a piece of property zoned commercial or industrial shall be a “sight tight” fence or a solid fence that prohibits any party standing on the outside of the fence from viewing the property, which is screened by a fence. (Ordinance No. 2015-5)
(6) Any person, entity, partnership, or party wishing to construct a fence on a property must first submit an application for a fence permit to construct said fence to the Village Clerk or her authorized designee for the Village of New Milford and accompany said application with a fifty ($50.00) dollar processing fee. A detailed fence plan, including, but not limited to, location, construction material, and elevation details drawn to scale must be submitted with the fence permit application to the Village Clerk. The Village Clerk, or designee, shall forward the application to the Village Board at the next available Village Board or Committee meeting after receipt of a complete application. The Village Clerk shall notify the applicant of the Village’s decision to issue the permit for the construction of the fence within seven (7) days of the Village Board’s decision. If any fence is erected prior to obtaining a fence permit, the fence shall be removed if it is in violation of this Section 21-8 or, if the fence meets all the regulations of this Section 21-8, it may remain only if a fence permit is subsequently obtained within 45 days after notice from the Village at double the regular application fee. All fence permits shall be valid for 120 days from the date of approval of the application. If any fence permit expires prior to the completion of construction of the fence, then another fence permit must be obtained and another fee paid.
(i) All fences shall be installed with the finished side facing the adjacent property or public right-of-way, and the fence posts must be located on the inside of the fence facing the property on which the fence is located unless the fence is designed and constructed to look the same on both sides of the fence.
(ii) It shall be unlawful for any person, entity, partnership, or party to erect or maintain in any residential or commercial zoning district (except around utility installations or substations) within the Village any barbed wire fence or any guard or barricade to which there is attached any barbed wire.
(iii) Barbed wire shall be permitted on the industrially zoned property. However, the use of barbed wire on the industrial-zoned property will be limited to the top portions of any fence and must be located a minimum of six feet above grade.
(iv) Barbed wire shall be permitted on agriculturally zoned property subject to the following conditions: barbed wire shall not be allowed to be installed along the boundary line of the adjacent residentially zoned property.
(v) Fences of any material with pointed pickets of any kind that have an angle less than 90 degrees must be terminated at a point with at least a one-quarter inch flat surface or one-quarter inch ball or radius.
(vi) It shall be unlawful for any person, entity, partnership, or party to erect or maintain any electric fence within the Village without the prior consent of the Village Board.
(vii) All fences must be constructed and maintained in a safe and secure condition. The fencing materials used must be those customarily used: chain link/metal (not less than 11 gauge thickness), wrought iron, aluminum, wood (chemically treated or naturally resistant to decay), polyvinyl chloride (PVC), concrete, and masonry. Alternate materials may be used if the Village determines they are safe and appropriate. All other materials are prohibited, including chicken wire, welded mesh wire, corrugated or sheet metal, solid plywood, scrap lumber, common concrete, cinder block, construction, snow, and another temporary fencing as permanent fencing. Open-mesh-type fencing shall be permitted to enclose school sites.
(viii)It shall be unlawful for any person, entity, partnership, or party to erect or maintain a fence of any type not in full compliance with the applicable provisions of this Section 21-8. (Ordinance No. 2015-5)
Sec. 21-9. LOT AREA AND DIMENSION.
(1) Contiguous parcel. When two (2) or more parcels of land, either of which lacks adequate area or dimension to qualify for a permitted use under the requirements of the use district in which they are located, are contiguous and are held in one ownership, they shall be combined and used as one zoning lot for such use.
(2) Lots or parcels of land of record. Any single lot or parcel of land, held in one ownership, which was of record at the time of adoption of this ordinance amendment that does not meet the requirements of minimum lot width and area, may be utilized for a permitted use; provided that yards, courts or usable open spaces are not less than seventy-five (75%) percent of the minimum required dimensions or areas.
(3) Irregular lots. All setbacks shall be determined by the Village according to principles as set forth for yard setbacks in this chapter after having first been reviewed by the Village Planning Commission and Zoning Board of Appeals.
Sec. 21-10. NUMBER OF DWELLINGS ON A ZONING LOT.
(1) In the RR, R1, and R2 Districts, not more than one dwelling shall be permitted on a zoning lot.
(2) In the AG District, more than one dwelling shall be permitted on a zoning lot; provided that the site for each dwelling shall be not less than five (5) acres in area and shall have not less than two hundred fifty (250’) feet of frontage on a public highway.
(3) In the R3 and R4 districts, more than one dwelling may be permitted on a zoning lot. In addition to the yards established by this chapter, the following additional setbacks between dwellings shall be required where there is more than one dwelling on a zoning lot::
(a) Side to side: A minimum of ten (10’) feet is required.
(b) Side to back: A minimum of twenty (20’) feet is required.
(c) Front to front: A minimum of sixty (60’) feet is required.
(d) Front to side: A minimum of twenty (20’) feet is required.
(e) Front to Back: A minimum of sixty (60’) feet is required.
(f) Back to back: A minimum of forty (40’) feet is required.
(g) All setbacks shall be increased by one (1′) foot for every increase of four (4’) feet in height if either of the adjacent buildings is greater than twenty-five (25′) feet in height.
Sec. 21-11. ACCESSORY BUILDINGS.
(1) Location.
(a) Residential Structures. On all residentially zoned property, when a rear yard is required, no part of an accessory building shall be located closer than six (6’) feet to the rear lot line or to the side lot line.
(b) All zoning designations other than residential. On all property zoned other than residential, when a rear yard is required, no part of an accessory building shall be located closer than three (3’) feet to the rear lot line or to the side lot line.
(2) Location and Distance from Residential Building.
(a) Overhanging eaves or gutters on an accessory building may project not more than eight (8″) inches into the minimum required setbacks or yards specified above.
(b) In all Residential Districts, or in any Zoning District in which the property is used primarily for residential purposes, a detached accessory building shall not be located within ten (10’) feet from the principal building and shall be required to comply with the same side yard setbacks as required for the principal building in the Zoning District in which the property lies.
(c) Accessory buildings within ten (10’) feet of the principal building must have a one (1) hour fire rating wall on the side nearest the residentially used building.
(3) Time of construction. No accessory building or structure shall be constructed on any lot prior to the start of construction of the principal building to which it is accessory.
(4) Percentage of Lot Area Occupied. The total square footage of all accessory structures located on a residentially zoned lot shall not exceed the square footage of the principal structure and shall not occupy more than ten percent (10%) of the total lot area, subject to a maximum of four hundred and fifty (450) square feet of accessory use per residential lot. (Ordinance No. 2017-1)
(5) Height of accessory building in required rear yards. No accessory building or portion thereof located in a required side or rear yard shall exceed fifteen (15’) feet in height.
(6) Commercial Districts. Accessory structures in commercial districts are not allowed unless they are approved on the original site plan or unless the property owner obtains all necessary permits prior to said erection. No permit shall be issued for “drop boxes” whose purpose is to collect clothes and donations from the public.
Sec. 21-12. EXISTING SPECIAL USES.
Where use is classified as a special use under this chapter and exists as a permitted use at the date of the adoption of this chapter, it shall be considered a legal use without further action from the village board, the zoning officer, or the planning commission.
Sec. 21-13. ESTABLISH A BUILDING SETBACK LINE.
Where a block is at least forty (40%) percent occupied by permanent buildings at the time of the passage of this chapter, the average distances of the street walls of such buildings from the street right-of-way line shall be the requirements of each district, but in no case shall a setback of greater than sixty (60’) feet be required.
Sec. 21-14. ACCESSORY BUILDINGS-NUMBER LIMITATION.
All residentially zoned properties shall have no more than one (1) accessory building which shall not exceed four hundred fifty (450) square feet in total ground square footage located on each property. (Ordinance No. 2017-1)
ARTICLE II. NONCONFORMING USES AND STRUCTURES
Sec. 21-15. CONTINUANCE OF USE.
(1) Any lawfully established use of a structure or land on the effective date of this chapter or of amendments hereto that does not conform to the use regulations for the districts in which it is located shall be deemed to be a legal nonconforming use and may be continued except as otherwise provided herein.
(2) Any legal nonconforming structure may be continued in use, provided there is no physical change other than necessary maintenance and repair, except as otherwise permitted herein.
(3) Any structure for which a permit has been lawfully granted prior to January 14, 2003, the effective date of this chapter; or of amendments hereafter, may be completed, in accordance with the approved plans; provided that the construction is started within ninety (90) days and diligently pursued to completion. Such structure shall hereafter be deemed a lawful, established structure.
(4) Where this chapter, by its adoption, has reclassified property to a more restrictive district, the owner thereof may use such property for any use or structure permitted under the previous zoning district; provided that such use is commenced within one year from the adoption of this chapter, or that a building permit is obtained for such structure during such period and construction is diligently pursued thereafter. Such use or structure shall thereafter be classified as a nonconformity.
Sec. 21-16. DISCONTINUANCE OF USE.
(1) Whenever any part of a building, structure, or land occupied by a nonconforming use is changed to or replaced by a use conforming to the provisions of this chapter, such premises shall not thereafter be used or occupied by a nonconforming use, even though the structure may have been originally designed and constructed for the prior nonconforming use.
(2) Whenever a nonconforming use of a structure or part thereof has been discontinued for a period of six (6) consecutive months, or whenever there is evident a clear intent on the part of the owner to abandon a nonconforming use, such use shall not, after being discontinued or abandoned, be re-established and the use of the premises thereafter shall be in conformity with the regulations of the district.
(3) Where no enclosed structure is involved, discontinuance of a nonconforming use for a period of six (6) consecutive months shall constitute abandonment and shall not thereafter be used in a non-conforming manner.
(4) A use not authorized by the previous zoning ordinance of the Village shall be discontinued and not re-established, except when the provisions of this chapter find the use to be conforming to the district in which it is then located.
Sec. 21-17. CHANGE OR CONVERSION OF NONCONFORMING USE.
Nonconforming use or a nonconforming structure may not be replaced by, nor changed to another nonconforming use or nonconforming structure; provided, however, a nonconforming use or a nonconforming structure may be thus changed or replaced in any zoning district as a special use, pursuant to the procedure set forth in Section 21-58 herein.
Sec. 21-18. TERMINATIONS AND REMOVAL OF NONCONFORMING USES AND STRUCTURES IN RESIDENTIAL DISTRICTS.
The period of time during which the following nonconforming uses and structures may continue or remain in residential districts shall be limited to two (2) years from the effective date of this chapter or of any amendment thereto which causes the use or structure to be non-conforming. Every such nonconforming use or structure shall be completely removed from the premises at the expiration of the two (2) year period.
(1) Any nonconforming structure having an assessed valuation of less than five hundred ($500.00) dollars on the effective date of this chapter.
(2) All nonconforming uses where no enclosed building is involved; or where only buildings employed are accessory or incidental to such use, or where such is maintained in connection with a conforming building.
Sec. 21-19. REPAIRS AND ALTERATIONS.
(1) Normal maintenance of a nonconforming structure or of a conforming structure containing a nonconforming use is permitted, including necessary nonstructural repairs and incidental alterations which do not extend or intensify the nonconforming use or the life of the nonconforming structure.
(2) No structural alteration shall be made in a structure containing a nonconforming use, except in the following situations:
(a) When the alteration is required by law.
(b) When the alteration will actually result in eliminating the nonconforming use or structure.
(c) When a building in a residential district containing residential nonconforming uses may be altered in any way to improve habitability, provided no structural alteration shall be made which would increase the number of dwelling units or the bulk of the building.
Sec. 21-20. DAMAGE AND DESTRUCTION.
If a nonconforming structure or a structure containing a nonconforming use is damaged or destroyed by any means to the extent of fifty (50%) percent or more of its replacement value at that time, the structure can be rebuilt or used thereafter only in compliance with the provisions of the district in which it is located. In the event the damage or destruction is less than fifty (50%) percent of its replacement value based upon prevailing costs, the structure may then be restored to its original condition, and the structure and use thereof may then continue as before the partial destruction. In either event, restoration or repair of the structure or other structure must be started within a period of six (6) months from the date of damage or destruction and diligently pursued to completion.
Sec. 21-21. ADDITIONS AND ENLARGEMENTS.
(1) A conforming structure containing a nonconforming use may be enlarged or extended only if the entire structure is thereafter devoted to a conforming use.
(2) No structure partially occupied by a nonconforming use shall be altered in such a way as to permit the enlargement or expansion of the space occupied by such nonconforming use.
(3) No nonconforming use may be enlarged or extended in such a way as to occupy any required usable open space or any land beyond the boundaries of the zoning lot as it existed on the effective date of this chapter or to displace any conforming uses in the same building or on the same parcel.
(4) A structure that is nonconforming with respect to yards, height, or any other element of bulk regulated by this chapter shall not be altered or expanded in any manner which would increase the degree or extent of its non-conformity with respect to the bulk regulations for the district in which it is located.
Sec. 21-22. RESERVED.
ARTICLE III. ZONING DISTRICTS GENERALLY
Sec. 21-23. ENUMERATION.
For the purpose and provisions of this chapter, the Village is hereby organized into the following districts:
AG Agricultural
RR Rural Residential
R1 Residential Single-Family
R2 Residential Two-Family
R3 Residential Multi-Family
R4 Residential Multi-Family
MH Mobile Home District
CN Commercial Neighborhood
CC Commercial Community
CG Commercial General
OF Office District
IL Industrial-Light
IG Industrial-General
IH Industrial-Heavy
Sec. 21-24. ZONING MAPS.
The boundaries of the aforesaid zoning districts are hereby established as shown on the map entitled “Village of New Milford Zoning Map.” This official map and all explanatory matter thereon and attached thereto are hereby adopted by reference and declared to be part of this chapter.
The “Village of New Milford Zoning Map” and all official explanatory matters attached thereto bear the signature of the Village Clerk and shall be on file in the Office of the Village Clerk.
Sec. 21-25. DISTRICT BOUNDARIES.
When uncertainty exists with respect to the boundaries of the various districts, as shown on the zoning map, the following rules shall apply:
(1) District boundary lines are either the centerline or railroads, highways, streets, alleys or easements, or the boundary lines of sections, quarter sections, divisions of sections, tracts or lots, or such lines extended or otherwise indicated.
(2) In areas not subdivided into lots and blocks, wherever a district is indicated as a strip adjacent to and paralleling a street or highway, the depth of such strips shall be in accordance with the dimensions shown on the maps measured at right angles from the centerline of the street, or highway, and the length of frontage shall be in accordance with dimensions shown on the map from section, quarter section or division lines, or centerline of streets, highways or railroad right-of-ways unless otherwise indicated.
(3) Where a lot held in one ownership and of record on the effective date of this chapter is divided by a district boundary line, the entire lot shall be construed to be within the less restricted district; provided that this construction shall not apply if it increases the less restricted frontage of the lot by more than twenty-five (25’) feet.
Sec. 21-26. ZONING OF STREETS, ALLEYS, PUBLIC WAYS, WATERWAYS, AND RIGHT-OF-WAYS.
All streets, alleys, public ways, waterways, and railroad right-of-ways, if not otherwise specifically designated, shall be deemed to be in the same zone as the property immediately abutting upon such alleys, streets, public ways or waterways, and railroad right-of-ways. Where the centerline of a street, alley, public way, waterway, or railroad right-of-way serves as a district boundary, the zoning of such areas, unless otherwise specifically designated, shall be deemed to be the same as that of the abutting property up to such centerline.
REFERENCES
Village of New Milford. “CODE OF ORDINANCES VILLAGE OF NEW MILFORD.” The Village of New Milford, Sept. 2021, villageofnewmilford.com/wp-content/uploads/2022/07/New-Milford-Code-of-Ordinances-September-2021.pdf.
