For the purpose of this title, the following are permitted obstructions in yards: (Ord. 2008-14, 3-24-2008; amd. Ord. 2013-33, 10-28-2013)
A. In Any Yard: Chimneys, overhanging roof eaves, awnings, porches, and steps and landings leading to or from an exterior door adjoining the principal building, arbors and trellises, provided they do not exceed twenty five percent (25%) of the depth of the yard; ornamental light standards and flagpoles; and vegetation. Fences shall be permitted to the extent in compliance with chapter 19, "Fencing And Screening", of this title. (Ord. 2008-14, 3-24-2008; amd. Ord. 2012-27, 6-11-2012; Ord. 2013-33, 10-28-2013)
1. Any yard which adjoins a street shall be considered a front yard.
2. In addition to those obstructions identified by subsection A of this section, off street parking and driveways are permitted in accordance with chapter 13 of this title.
C. In Corner Side Yards: In addition to those obstructions identified by subsection A of this section, off street parking and driveways are permitted in accordance with chapter 13 of this title. All permitted obstructions shall be sufficiently set back from the intersection of street lines so as to avoid blocking sightlines for motorists.
D. In Interior Side Yards: In addition to those obstructions identified by subsection A of this section, off street parking and driveways are permitted in accordance with chapter 13 of this title. Permitted accessory buildings, structures, and uses are allowed in an interior side yard; provided, that the placement of same is consistent with this chapter and chapter 13 of this title. (Ord. 2008-14, 3-24-2008; amd. Ord. 2013-33, 10-28-2013)
E. In Rear Yards: Accessory sheds, toolrooms or other similar accessory buildings, gazebos, patios, decks, recreational equipment, private swimming pools, tennis courts, provided the placement of same is in accordance with this chapter. Off street parking, private garages, and driveways are permitted in accordance with the provisions of chapter 13 of this title. Accessory buildings or structures may not occupy more than thirty percent (30%) of a rear yard. (Ord. 2012-27, 6-11-2012; amd. Ord. 2013-33, 10-28-2013)
1. Definition: The term "recreational ramp", as used in this subsection, shall refer to all outdoor structures commonly known as ramps or halfpipes, designed and principally intended for recreational use by persons on skates, skateboards, or rollerblades. (Ord. 90-38, 6-25-1990; amd. 2012 Code; Ord. 2013-33, 10-28-2013)
2. Permitted Accessory Use: A recreational ramp may be located as a temporary accessory use in the rear yard of a zoning lot in any Single-Family Residential District, provided:
a. Number And Coverage: Not more than one ramp is located on a single zoning lot, and the recreational ramp, together with any other accessory buildings or structures, does not occupy more than thirty percent (30%) of a rear yard.
b. Commercial Use Prohibited: The ramp is not used for commercial purposes.
c. Location: The ramp is located not less than:
(1) Ten feet (10') from an interior side lot line.
(2) Twenty feet (20') from a corner lot line.
(3) Ten feet (10') from a rear lot line.
(4) Ten feet (10') from the principal building on the lot.
(5) Fifteen feet (15') from any utility pole and ten feet (10') from any point directly underneath any overhead utility line. (Ord. 90-38, 6-25-1990; amd. Ord. 2013-33, 10-28-2013)
d. Screening: The ramp must be screened to buffer the view from adjacent properties and public rights-of-way. The location and extent of required screening shall be as determined by the Village Engineer.
(1) Screens must be at least as high as the ramp and may be accomplished through the use of a fence, wall, berm, or landscaping, or a combination of any of these methods.
(2) Landscaping used to screen recreational ramps shall, at a minimum, include the installation of one (1) 8-foot tall, clump form ornamental tree per ten (10) linear feet of ramp. Unless otherwise approved by the Village Engineer, trees installed for screening shall be selected from one or more of the following: (Ord. 90-38, 6-25-1990; amd. 2012 Code; Ord. 2013-33, 10-28-2013; Ord. 2017-42, 11-13-2017)
e. Use Restrictions: Recreational ramps shall be used in the following manner:
(1) Only one person may use the ramp at any time.
(2) Except on Sundays, when ramps shall not be used until after twelve o'clock (12:00) noon, use of the ramp shall be permitted only between nine o'clock (9:00) A.M. and eight o'clock (8:00) P.M. or dusk, whichever comes first.
(3) Use of the recreational ramp or those using such ramp shall not violate any provisions of this Code, including, without limitation, all ordinances related to noise and nuisances, and as such ordinances may be amended.
(4) When not in use, the ramp shall have a chain, no less than one inch (1") thick, locked across the skating or riding surface. (Ord. 90-38, 6-25-1990; amd. Ord. 2013-33, 10-28-2013)
f. Permit Requirements: No recreational ramp over thirty six inches (36") in height shall be constructed without first receiving a building permit from the Village Engineer. Individuals applying for a building permit must submit the following information with their application and a review fee established by the Village Board of Trustees
: (Ord. 90-38, 6-25-1990; amd. 2012 Code; Ord. 2013-33, 10-28-2013; Ord. 2017-42, 11-13-2017) (1) Plans for the proposed ramp which show materials, method of construction, dimensions, and design, in conformity with subsection F2g of this section.
(2) Plat of survey for the property upon which the ramp is located, detailing the location and method of screening proposed.
(3) Details for the proposed fence, wall, berm, or landscape plantings, including height and size of all plant materials.
(4) Pictures of the proposed location of the ramp, including its surroundings and adjacent property lines.
(5) Statement in writing by applicant stating that the proposed ramp will conform to all standards and specifications established in this subsection.
g. Building Requirements:
(1) No recreational ramp shall be more than six feet (6') in height as measured from the adjacent grade to the top of the structure excluding the guardrail.
(2) All ramps greater than thirty inches (30") in height shall have a guardrail at least thirty six inches (36") in height on the platform(s).
(3) All lumber in direct contact with the ground shall be pressure treated with wood preservative.
(4) Plywood used in the ramp construction shall be exterior grade; the surface of the ramp being at least two (2) layers of three-eighths inch (3/8") thick plywood.
(5) All wood used in ramp construction shall be smooth finished to prevent injury and shall be properly surface coated to prevent deterioration and unsightliness.
(6) The ramp shall be painted a single color in conformity with the principal structure and shall not contain any designs, logos, writing, or other artwork.
(7) Ramps shall be "soundproofed" by placing tar paper in between the plywood layers of the skating or riding surface and by first insulating and then enclosing the ends with plywood. (Ord. 90-38, 6-25-1990; amd. Ord. 2013-33, 10-28-2013)
h. Approval: The location, design, method of screening, and method of construction shall be subject to review and approval by the Village Engineer. A building permit for a recreational ramp shall not be issued unless all information required by this subsection has been furnished by the applicant. (Ord. 90-38, 6-25-1990; amd. 2012 Code; Ord. 2013-33, 10-28-2013; Ord. 2017-42, 11-13-2017)
i. Existing Ramps: All property owners with recreational ramps in place on the effective date hereof shall have a period of thirty (30) days from said effective date to either remove the ramp, bring it into compliance with the provisions of this subsection or apply for and receive a variation from the Village Planning and Zoning Commission as set forth in subsection F4 of this section.
3. Special Use Permit: Recreational ramps may be permitted in a commercial recreation area or neighborhood parks; provided, however, a special use permit is obtained for the ramp or ramps in accordance with procedures and evaluative criteria set forth in chapter 3 of this title. The location, design, screening, and hours of use shall be as recommended by the planning and zoning commission and approved by the village board as part of the special use permit. Information furnished as part of the application for a special use permit shall be as specified in subsection F2f of this section.
4. Authorized Variations:
a. The planning and zoning commission shall decide upon authorized variations from the provisions of this subsection, and shall grant them only in the specific instances where there are demonstrated practical difficulties or particular hardships in implementing the regulations hereof. (Ord. 90-38, 6-25-1990; amd. Ord. 2013-33, 10-28-2013; Ord. 2014-48, 10-27-2014)
b. Any individual applying for a variation shall be subject to the procedures contained in section
11-3-6 of this title. (Ord. 90-38, 6-25-1990; amd. Ord. 2013-33, 10-28-2013)
c. The decision by the planning and zoning commission to grant a variation to any regulations specified in subsections F2c, F2d and F2g of this section shall be based upon a showing by the petitioner: (Ord. 90-38, 6-25-1990; amd. Ord. 2013-33, 10-28-2013; Ord. 2014-48, 10-27-2014)
(1) That the particular physical surroundings, shape or topographical conditions of the specific property involved would bring a particular hardship upon the owner, as distinguished from a mere inconvenience if the regulations were strictly enforced;
(2) That the recreational ramp should be located in a corner side or interior side yard in lieu of the required rear yard due to the particular physical surroundings, shape or topographical conditions of the specific property involved;
(3) That the proposed recreational ramp will not have an adverse effect upon the ability of the persons who own, occupy or reside on nearby properties to use and enjoy their property;
(4) That the recreational ramp will not constitute a hazard to the safety of persons or property;
(5) That the proposed recreational ramp will not have an adverse effect on the value of nearby properties;
(6) That the proposed recreational ramp will be adequately screened from view of adjacent properties and public rights of way; and
(7) That the proposed recreational ramp will not be detrimental to the public welfare. (Ord. 90-38, 6-25-1990; amd. Ord. 2013-33, 10-28-2013)
d. The planning and zoning commission may require such conditions and restrictions upon the premises benefited by a variation as may be necessary to comply with the standards set forth in this subsection to reduce or eliminate any negative effect of such variation upon other property in the neighborhood and to implement the general purpose and intent of this subsection. (Ord. 90-38, 6-25-1990; amd. Ord. 2013-33, 10-28-2013; Ord. 2014-48, 10-27-2014)