Except as hereinafter provided:

   (A)   No land or building shall be used or intended for any use other than those permitted in the district wherein such land or building is located.

   (B)   No building shall be erected, reconstructed, enlarged, structurally altered, or moved, in such manner as to evade conformity with height, bulk, yard, lot area, use, and other regulations for the district wherein such building is located.

   (C)   Every building hereafter erected, reconstructed, enlarged, structurally altered, or moved, shall be located on a lot as herein defined, and in no case shall there be more than one principal building on one lot.

   (D)   No yard, provided adjacent to a building for the purpose of complying with provisions of this Zoning Code, shall be considered as providing any part of a yard for another building on the same lot or on an adjacent lot.

   (E)   No street or walkway shall serve as any part of a required yard or minimum lot area.

   (F)   No yard shall be so diminished as to make its width or depth less than the dimension required by this Zoning Code.

   (G)   Along any boundary line between districts, an abutting side yard or rear yard in the less restricted district shall have a minimum required width or depth equal to the average of the required minimum widths or depths for such yards in the districts adjoining said boundary line.

   (H)   All territory hereafter annexed to the village shall be in the Residence A District until changed by ordinance.

('69 Code, § 151.10) (Ord. C-285, passed 7-8-68; Am. Ord. C-666, passed 10-10-89; Am. Ord. C-692, passed 10-9-90) Penalty, see § 154.99

   Nothing in this Zoning Code shall prevent the strengthening or restoring to a safe condition of any part of any structure declared unsafe by the Building Commissioner, or from compliance with any lawful requirement.

('69 Code, § 151.11) (Ord. C-285, passed 7-8-68; Am. Ord. C-666, passed 10-10-89; Am. Ord. C-692, passed 10-9-90)

   (A)   An accessory structure is permitted in a residential district if it meets the following restrictions:

      (1)   No accessory structure shall be erected in a front yard.

      (2)   No accessory structure shall be erected in any side yard within a distance from the near side lot line less than the least width of the side yard required for the principal building.

      (3)   Accessory structures may be built in a rear yard not nearer to a rear or side lot than the side yard requirement for the principal structure.

      (4)   Except as otherwise provided in the zoning code, individual enclosed accessory structures that are not open to the sky, either wholly or partially, such as sheds, garages, garden buildings, and pool houses, shall not cover a total of more than 200 square feet of floor area. Floor area means the area of the ground floor of the structure that creates a footprint of the structure on the property. A detached garage shall not cover more than 800 square feet, or more than 50% of the floor area of the principal structure, whichever is less. A detached garage is an enclosed accessory structure used for storage, including but not limited to the parking or storage of vehicles, that is not connected to the principal structure by means of an above ground structure, material, or equipment. No combination of accessory structures, whether enclosed or open to the sky, shall have an aggregate floor area greater than 50% of the principal structure, or greater than 50% of the required rear yard, whichever is less.

      (5)   On a corner lot, no accessory building shall project beyond the front yard line on either street.

      (6)   No accessory building shall be constructed on a lot until construction of 50% or more of the principal building has been completed.

      (7)   The principal access of an accessory structure, such as primary access doors to a shed or garage, may not face a street.

      (8)   No accessory structure shall be located in a public right-of-way or utility easement.

      (9)   Accessory structures cannot be used as a dwelling, and may not be used as part of a home business or home occupation. Accessory structures may only be used in a manner consistent with, and incidental and subordinate to, the principal use on the property.

      (10)   Accessory structures with roofs or walls that are not rigid or durable, such as tents, canopies, and structures covered or cladded in collapsible or other similar material such as fabric, nylon, plastic, or tarps, including but not limited to temporary utility or storage structures, portable carports, and shelters, may not be maintained for more than seven consecutive days or more than a total of 30 days in a calendar year.

      (11)   Accessory structures shall meet all other requirements set forth in this code.

('69 Code, § 151.12) (Ord. C-285, passed 7-8-68; Am. Ord. C-666, passed 10-10-89; Am. Ord. C-692, passed 10-9-90; Am. Ord. 2018-13, passed 2-11-19) Penalty, see § 154.99

   (B)   Notwithstanding the restrictions set forth in § 154.12, accessory structures may be constructed or maintained in excess of said restrictions if the applicant demonstrates that all of the following conditions are satisfied as determined by the Board of Zoning Appeals:

      (1)   The construction and use of the structure will not be detrimental to the peaceful use and occupancy of nearby properties.

      (2)   The construction and use of the structure will not have a detrimental effect upon the property values in the neighborhood.

      (3)   The design and appearance of the structure will not have an adverse impact on the residential quality of the neighborhood.

         (a)   The appearance and construction of accessory structures shall compliment and be consistent with the appearance and architectural style of the principal structure on the same lot, as well as generally with accessory structures on adjoining and nearby properties. Accessory structures must appear, and be used in a manner that is, subordinate to the primary structure.

         (b)   The design, appearance, and construction of accessory structures should be consistent with and complement the principal structure and the residential character of the neighborhood, including the use of similar building materials, colors, and type of construction. Siding and exterior walls and roofs must approximate the size, color, appearance, and materials as exists on the principal structure and shall be residential in character. Vertical siding should not be utilized unless it comprises less than 30% of the surface area of the entire structure, unless a greater percentage of vertical siding is also used on the principal structure on the same lot in which case the percentage shall be substantially similar. If the principal structure has brick siding, an accessory structure must either:

            1.   Use similar brick or masonry materials on the front of the structure, and brick or masonry trim or accent elements matching similar components on the principal structure; or

            2.   Use siding materials resembling at least one other non-brick accessory structure on an adjacent property. The color and texture of exterior wall materials of an accessory structure must be similar to, although not exactly the same as, the principal residence.

         (c)   All siding and exterior walls must be residential in character. If vinyl, metal, or similar materials are used, it must simulate wood in appearance, such as using bevel or lap siding.

         (d)   Roof lines and roofing materials on the accessory structure must be substantially similar to that on the principal structure. Flat roofs are not permitted on an accessory structure unless at least half of the principal structure has a flat roof.

         (e)   Windows must be placed on at least two walls of an accessory structure. The size and dimensions of windows on an accessory structure must be proportionate with the principal structure.

         (f)   Avoid large expanses or areas of a single material, color, or texture. Use windows and other architectural features to break up a monotonous plane.

         (g)   Structures must be made of durable and rigid materials that have an attractive appearance suitable for the residential area in which the structure is located. Varied architectural styles are encouraged provided that neighborhood compatibility and architectural integrity are maintained. Structures must be made of such materials, textures, and details that contribute to the visual interest of the structure and to avoid monotony. It is not the intent of the Village to require or prohibit a specific building material, except as otherwise stated herein, as long as materials are utilized to enhance, and not detract from, aesthetics and property values.

         (h)   Accessory structures should appear consistent with similar buildings in the immediate area and shall reflect a consistent suburban aesthetic. Accessory structures that are rural, agricultural, commercial, or industrial in character, or appearance, or use are not allowed unless they are expressly permitted in this code.

      (4)   Carports may only be used for the parking of vehicles and not for storage of other personal property. Storage of personal property, other than vehicles, must be in an enclosed structure.

      (5)   An accessory structure may be approved as a conditional use to contain a dwelling unit or other space fit for human habitation, or home business or home occupation, if it meets all other requirements set forth in this code.

   (C)   Applications for conditional approval of an accessory structure under this section shall comply with the following:

      (1)   Applications must be submitted to the Village Manager on a form provided by the village. If the Village Manager determines the application is complete, a hearing shall be scheduled at the next available meeting of the Board of Zoning Appeals at least 21 days after the determination to allow for proper notification to interested parties. Upon scheduling a hearing, the Village Manager shall cause notice of the hearing to be provided to interested parties in the same manner as for applications for variances before the Board of Zoning Appeals.

      (2)   The application shall include the following information at a minimum:

            1.   Property lines and dimensions.

            2.   All existing and proposed structures and their dimensions.

            3.   Distances from nearby property lines and the principal structure relative to all accessory structures, existing or proposed.

            1.   Building height.

            2.   Whether a foundation, slab, or other such support will be utilized.

            3.   The method for anchoring or securing the structure to the ground.

            4.   Elevation views and grade lines.

            5.   Materials to be used in construction, including but not limited to the color and appearance of the completed structure, and materials to be used for exterior walls, siding, and roofing, if any.

      (3)   No construction or site preparation is permitted until final approval by the Board of Zoning Appeals.

      (4)   All work must be performed in accordance with the application, plans, and other information submitted to the village unless otherwise modified by the Board of Zoning Appeals.

   (D)   Structures approved under this section constitute a conditional use on the property upon which the structure is situated. Upon approval by the Board of Zoning Appeals, the Village Manager will issue the property owner upon which the structure is located a written conditional use permit which incorporates said approval. Noncompliance with the permit is cause for revocation of the permit as determined by the Village Manager. The permit runs with the land unless revoked or terminated as provided for herein.

   (E)   Upon consideration of an application for a conditional use, the Board of Zoning Appeals may approve the application, deny the application, or approve the applications with conditions.

(Ord. 2018-13, passed 2-11-19)

   On a corner lot in any residential district, nothing shall be erected, placed, planted, or allowed to grow in such a manner as materially to impede vision between a height of two and a half feet and ten feet above the center line grades of the intersecting streets in the area bounded by the street lines of such corner lots and line joining points along said street lines 50 feet from the point of the intersection.

('69 Code, § 151.13) (Ord. C-285, passed 7-8-68; Am. Ord. C-666, passed 10-10-89; Am. Ord. C-692, passed 10-9-90) Penalty, see § 154.99

   (A)   Notwithstanding other provisions of this Zoning Code, fences and walls not exceeding four and a half feet in height may be permitted in any required side or rear yard, provided that no fence orwall shall be permitted in any part of a front yard. Hedges along or directly adjacent to a public right of way may be permitted, provided that they are not over two-and-a-half feet in height. Hedges not along or adjacent to a public right-of-way may be permitted and are not subject to the two-and-a-half foot height restriction. All hedges shall be trimmed and maintained to present a neat and orderly appearance consistent with village standards.

   (1)   Residential fences constructed in Amberley Village may not be constructed with the following material: barbed wire, farm, chain link, razor wire, or non-vinyl coated chain link. Fences constructed with a finished side must have the finished side facing adjacent properties. All fences must be properly aligned so as to make a straight line.

   (2)   Vegetable and fruit garden fences are permitted in order to protect vegetation from wildlife. The fence may not exceed six feet in height and must be constructed of see-through fencing material green or black in color. The enclosed space may not exceed more than 400 square feet and be used strictly for agricultural purposes.

   (B)   Privacy panels are permitted in a rear yard located directly behind, and attached to or immediately adjacent to, the principal structure. The finished side of a panel shall face adjacent properties. The unfinished side of a panel, with any exposed posts or supports, shall face in toward the principal structure of the subject property. The construction and appearance of privacy panels shall be aesthetically pleasing and appropriate for the location. Materials such as brick, block, lumber, vinyl, natural materials or landscaping, shall be used and are to be similar or complementary in appearance and style to the principal structure. Alternate materials may be considered for approval by the Village Manager. Privacy panels are subject to the Village Property Maintenance Code. Privacy panels shall be located as close as possible to the object or area intended to be screened so as to allow for limited screening but also minimize adverse effects on neighboring properties and sight lines. The maximum height of a privacy panel, as measured from the bottom of a panel, shall be no more than six feet. The maximum height of a privacy panel as measured from the ground or deck surface shall be no more than six and one-half feet. The maximum length of a privacy panel, whether constructed singularly or in combination, is 16 linear feet.

('69 Code, § 151.14) (Ord. C-285, passed 7-8-68; Am. Ord. C-666, passed 10-10-89; Am. Ord. C-692, passed 10-9-90; Am. Ord. 2013-07, passed 4-8-13; Am. Ord. 2020-6, passed 7-13-20; Am. Ord. 2020-17, passed 11-9-20) Penalty, see § 154.99

   (A) Every building hereafter erected or moved shall be on a lot adjacent to a public street, or with access to an approved public or private street, and all structures shall be located on lots as to provide safe and convenient access for providing public services, fire protection, and required off-street parking.

   (B)   Panhandle lots. Panhandle lots are allowed as a conditional use only as provided herein. Panhandle lots are strictly regulated to ensure they do not unreasonably and adversely impact the surrounding property, access points, number of curb cuts, service of utilities, aesthetics, provision of public services, or public safety requirements, whether as to the proposed panhandle lot or nearby lots.

      (1)   Applications for panhandle lots shall contain the following information:

         (a)   Name, address, and phone number of the owner(s) of the property.

         (b)   Name, address, and phone number of the applicant(s) and relationship to the owner(s).

         (c)   Street address of subject parcel.

         (d)   Existing zoning of subject property and all other lots within 200 feet of any portion of the subject property.

         (e)   Name and address of each record property owner within 200 feet of any portion of the subject property as determined by the County Auditor at the time of application.

         (f)   Signatures of the owner(s) and applicant(s).

         (g)   Such additional information as may be deemed appropriate by the Village Manager to assist village staff in evaluating and processing the application.

      (2)   Applications for panhandle lots shall be submitted with the following information, which is collectively referred to in this section as the “development plan” for the panhandle lot:

         (a)   A plat in a form satisfactory for recording at the County Recorder’s Office.

         (b)   Plat(s) or drawings to scale depicting the following:

            1.   Distances of lots lines and area of all lots that would comprise the proposed panhandle lot.

            2.   The topography of the proposed lot as it exists at the time of the application, with contour lines showing each two-foot change in elevation.

            3.   Existing utilities on, adjacent to, or available for serving the proposed lot, as well as any additional utilities necessary to serve the lot, including documentation from the appropriate government agency showing how the front lot and the panhandle lot will be served by sewers.

            4.   Existing and proposed surface storm water drainage patterns. Significant changes in direction or quantities must be identified and certified by a qualified engineer that such surface water can be appropriately managed, such as by tying into existing storm sewers, non-erosive drainage systems, or adequate retention basins.

            5.   Existing easements on or serving the proposed lot.

            6.   Location of all dwellings on or proposed to be located on the site, including the direction of the front of the dwelling, building elevations, exterior dimensions, parking areas, garages, driveways, access points, and other areas intended to be improved or altered on the proposed lot, with indications of proposed setbacks.

      (3)   Procedure. Applications must be filed with the Village Manager. Completed applications will be submitted to the Board of Zoning Appeals for hearing and approval. For good cause, the Village Manager may submit an incomplete application to the Board, but the lack of required information may be cause for the Board to reject the application. Prior to the Board’s approval of an application, the Manager shall seek input on the application from the public safety department, the Village Engineer, and public works department, which input shall be communicated to the Board. The Manager shall cause written notice of applications submitted to the Board at least ten calendar days prior to the first hearing on the application to all record property owners within 200 feet of any portion of the proposed lot.

      (4)   Criteria for approval. The Board of Zoning Appeals shall approve the creation of a panhandle lot only if the application meets the following criteria:

         (a)   The strip of land providing access from the body of the lot to the lot frontage shall be no less than 20 feet wide at any place and shall not exceed a length of 800 feet.

         (b)   In calculating the area of either the panhandle lot or the front lot for purposes of determining whether they meet size and area requirements, the strip of land providing access to the rear lot shall not be considered part of either respective lot.

         (c)   Except as otherwise provided in this section, the application meets all requirements of the Zoning Code.

         (d)   The proposed panhandle lot and plan must be compatible with surrounding properties and land uses, and not unreasonably and adversely impact surrounding properties when considering any and all impacts of the proposed lot and development plan. To approve a panhandle lot, the Board must make the following findings:

            1.   The proposed lot or plan will not be materially detrimental to the peaceful occupancy of proximate dwelling houses;

            2.   The proposed lot or plan will not have a substantial detrimental effect upon the property values in the neighborhood;

            3.   The proposed lot or plan will not have a substantial adverse impact upon the residential quality of the neighborhood;

            In making these findings, the Board shall consider the impact of the proposed application on the neighborhood and adjoining properties, including but not limited to the following: Traffic, noise, lighting, aesthetics, surface water drainage, screening, views and view corridors, architectural features and aesthetics of proposed structures, compatibility and consistency with other nearby properties and uses, access points, curb cuts, grading, topography, all information and documents required to be submitted by the applicant including but not limited to those stated under paragraphs (B)(1) and (2) above, and any other factor pertaining to the public health, safety, and welfare.

         (e)   If the application is approved, development or use of the panhandle lot is conditioned on substantial conformity with the development plan proposed for the lot, including any conditions on, or alterations of, the plan required by the Board.

         (f)   If the application as submitted fails to satisfy the criteria for approval, the Board may either deny the application, or approve the application with conditions as necessary to bring it into compliance. Conditions, restrictions, or limitations may be imposed on the proposed panhandle lot, or on the front lot if it is under common ownership with the panhandle lot. All conditions, restrictions, or limitations shall be made a part of the record by the Board and issued in writing to the applicant.

      (5)   Variances from any of the criteria set forth in this section shall be considered by the Board of Zoning Appeals, which criteria are deemed to be area or dimensional under a practical difficulties standard.

('69 Code, 151.15) (Ord. C-285, passed 7-8-68; Am. Ord. C-666, passed 10-10-89; Am. Ord. C-692, passed 10-9-90; Am. Ord. 2013-17, passed 1-13-14) Penalty, see § 154.99

   (B)   No major recreational vehicle shall be parked or stored on any lot in a residential district except in an enclosed building. However, such vehicle may be parked anywhere on residential premises for not to exceed 24 hours during loading or unloading. No such vehicle shall be used for living, sleeping, or housekeeping purposes when parked or stored on a residential lot.

('69 Code, § 151.16) (Ord. C-285, passed 7-8-68; Am. Ord. C-666, passed 10-10-89; Am. Ord. C-692, passed 10-9-90; Am. Ord. 2013-02, passed 3-11-13; Am. Ord. 2023-6, passed 7-10-23) Penalty, see § 154.99

   (A)   Automotive vehicles or trailers of any kind or type without current license plates shall be deemed a nuisance and shall not be parked or stored on any residentially zoned property other than in completely enclosed buildings.

   (B)   The regular parking of commercially licensed vehicles and trailers, whether bearing advertising of any type of business or commercial enterprise or not, on residentially zoned property within this village shall be deemed a nuisance. No such vehicle shall be parked on residentially zoned property within this village during any part of two or more consecutive days, except in an enclosed building or when engaged in normal business activity.

   (C)   No vehicle shall be offered and exhibited for sale or lease on residentially zoned property within the village unless such vehicle is owned by and titled to the owner of such property or member of his or her family residing at such property; at no time shall more than one of such vehicles be offered and exhibited for sale or lease; no such vehicle shall be offered and exhibited for sale or lease unless parked upon an improved driveway or apron, not in the village right of way; and no more than one sign or other form of advertising for the sale or lease of such vehicles shall be displayed for more than 30 days within any six month period.

   (D)   No more than one vehicle may be posted for sale or lease on residential property in a six-month period.

('69 Code, § 151.17) (Ord. C-285, passed 7-8-68; Am. Ord. C-666, passed 10-10-89; Am. Ord. C-692, passed 10-9-90; Am. Ord. 2001-3, passed 1-8-01; Am. Ord. 2023-6, passed 7-10-23) Penalty, see § 154.99

   The yard regulations and accessory structure regulations established by this chapter may be modified by the Building Commissioner where the regulations cannot reasonably be computed and complied with as a result of the irregular shape of the lot or for topographical reasons. An irregularly shaped lot may include a lot which is a panhandle lot. In any event, no accessory structure shall be erected on an irregularly shaped lot closer than 20 feet to the nearest lot line.

   Except as to a publicly owned right-of-way, no owner or person in charge or control of any land located within the village boundaries shall permit such land to be used, via a private drive or otherwise, to provide access to any land located outside the village boundaries via vehicular traffic.

(Ord. 2000-11, passed 7-10-00)