(a)   Dwellings may have accessory uses in residential districts if located inside the principal home used as a residence by the owner or relatives and for which no rent is charged. Manufactured homes shall not be used as accessory residences in any residential district.

   (b)   Dwellings may be accessory uses in the PD-3 district if located inside the principal building.

(Ord. No. 29, § 9.1, 8-17-1991; Ord. No. 2021- 0607, § 1, 6-28-2021)

(Ord. No. 29, § 9.2, 8-17-1991; Ord. No. 2021- 0607, § 1, 6-28-2021)

   (a)   Specifications. Ornamental structures not to exceed ten feet in height, fences and walls not to exceed four feet in height, and ground-level wooden walkways not to exceed 18 inches in height, may be constructed or erected on any property, or within any applicable building setback provided these structures do not impede site path visibility. Fences and walls shall be limited to four feet in height except that, in the following locations, fences and walls shall not exceed six feet in height:

   (1)   Within any nonresidential zone, when the purpose of the fence is to provide security or is to screen from rights-of-way or adjoining properties nonresidential activities or uses; or

   (2)   To provide screening between a residentially zoned property and a nonresidentially zoned property.

   (b)   Scientific or ecological studies. Notwithstanding any provision in this chapter to the contrary, fences or similar structures constructed for purposes of scientific or ecological study or analysis are allowed, subject to the following conditions:

   (1)   The zoning official determines that the purpose of the fence or similar structure is in the best interest of the village;

   (2)   The location, height and style of fencing is appropriate for the intended use as determined by the zoning official;

   (3)   The applicant has procured permission to construct the fence from the appropriate landowner; and

   (4)   The zoning official determines that the fence or structure will have no adverse impact on adjoining properties.

   (c)   Maritime forest protection overlay district. In the maritime forest protection overlay district, no disturbance, damage or destruction of trees, and only minor disturbance, damage or destruction of naturally occurring vegetation and growth shall result from the construction or placement of the proposed ornamental structures, walls, walkways or fences.

   (d)   Permit required. A permit for the permitted uses in this section must be procured prior to construction.

   (e)   Sand fencing construction standards. The purpose of the following regulations is to promote the most effective method of sand accretion utilizing sane fencing, and to minimize the fencing's impact on nesting sea turtles and emerging hatchlings:

   (1)   Sand fencing erected seaward of the peak of the primary dune or protective storm berm shall be erected at angles of at least 45 degrees to the shoreline, facing the predominate wind direction. Individual fence sections should not exceed 25 feet in length spaced parallel to each other at least nine feet apart. If sand fence sections are erected in segments ten feet in length or less, parallel to each other, they may be spaced no less than seven feet apart. Such sand fencing shall be installed landward of the mean high water mark to avoid damage by wave action. No fencing may be installed that unreasonably restricts public use of hard sand beach areas.

   (2)   Sand fencing erected within 150 feet landward of the peak of the primary dune or protective storm berm shall be erected in a continuous line parallel to the shoreline, with no breaks or openings allowed in the fencing, except for beach access points. There must be a minimum of 20 feet maintained between the closest point of fencing constructed landward and seaward of the peak of the primary dune or protective storm berm.

   (3)   In the absence of a primary dune or storm berm within an area of privately owned property reasonably appropriate for dune recreation, the building inspector may establish the appropriate location for sand fence erection.

   (4)   Continuous sand fencing erected landward of the peak of the primary dune or protective sand berm must be kept intact without gaps, or it shall be immediately removed or repaired. It shall be the responsibility of the building inspector to notify the owner of any derelict or nonconforming sand fencing, and to require immediate remedy.

   (5)   Sand fencing erected for the purpose of delineating beach access points is exempt from the provisions of this section. A permit for sand fencing must be procured prior to construction.

(Ord. No. 29, § 9.3, 8-17-1991; Ord. of 4-15-2000; Ord. of 4-16-2010; Ord. No. 2021-0607, § 1, 6-28-2021)

   (b)   No chemical equipment or product shall be used except those which are normally used for purely domestic or household purposes. No equipment or process shall be used in such home occupation which creates noise, noxious odors, glare, fumes or other nuisance or electrical or mechanical interference detectable to the normal senses off the lot, if the occupation is conducted in a single-family housing unit, or outside the housing unit if conducted in other than a single-family housing unit. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises. No equipment or process shall be used which creates electromagnet disturbances off the premises.

   (c)   No commodity or product display shall be visible from the exterior of the dwelling.

   (d)   There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation, including, without limitation, the displaying of any type of sign.

   (e)   The activity involved shall not noticeably detract from the outward residential character of the neighborhood.

   (f)   Pedestrian traffic, vehicle traffic, and any other activity associated with a home occupation shall not significantly disrupt the peace and tranquility of the residential neighborhood.

   (g)   Any equipment is to be stored inside an enclosed shelter, shed or garage. There shall be no outside storage.

   (h)   If, at any time there is any noncompliance with the provisions of this chapter relating to limited home occupations, then the zoning official will serve notice of violation and order to cease.

   (i)   A property owner proposing a home occupation must first file an application for such proposed use with the zoning official and affirm that he has read and understands the provisions of this article.

(Ord. No. 29, § 9.4, 8-17-1991; Ord. No. 2021- 0607, § 1, 6-28-2021)