Accessory uses are permitted in any zoning district in connection with any principal use which is permitted within such district.

(Code 1973, ch. 29, § 5-101; Ord. No. 84-034, 8-14-1984)

Any structure or use that complies with the terms of sections 54-2, 54-223 and 54-224 may be allowed as an accessory structure or use.

(1)

Accessory structures and uses include, but are not limited to, the following list of examples, provided that in each case such structure must fit the general definition of the term "accessory use" contained in section 32-24:

a.

Detached garages or carports:

1.

For single-family residences: one detached garage or carport per zoning lot that does not exceed 14 feet in height and a building footprint of 640 square feet in area.

2.

For multiple-family residences: one detached garage or carport per dwelling unit that does not exceed 14 feet in height and a building footprint of 425 square feet in area.

b.

Shed or structure used for storage:

1.

For single-family residences: one shed or structure used for storage per zoning lot that does not exceed 12 feet in height and a building footprint of 200 square feet in area.

2.

For multiple-family residences: one shed or structure used for storage per dwelling unit that does not exceed 12 feet in height and a building footprint of 100 square feet in area.

c.

A child's playhouse, treehouse, play set, swing set, jungle gym or play gym, which shall not exceed 12 feet in height.

d.

Private swimming pools and cabanas.

e.

Permanent barbecue stoves, fences and walls.

f.

Outdoor storage of firewood for a wood burning stove or fireplace on the lot.

g.

Storage of boats, boat trailers, camping trailers and small house trailers, provided no part of such storage area is located in any part of the front or corner side yard including driveways and no camping or house trailer is used for temporary or permanent occupancy and subject to the provisions of this article.

h.

Antennae towers.

i.

Donation drop boxes, provided they are located in the B-1, B-2, B-3, B-4, I-1, and I-2 zoning districts or on properties primarily occupied by educational, religious, governmental or charitable uses, and only under the following terms, conditions, restrictions and regulations:

1.

It is unlawful to locate a donation drop box on private property in the village without first obtaining a zoning certificate from the zoning administrator.

2.

Donation drop boxes shall only be placed with the property owner's permission and on properties that contain an existing certificate of occupancy for the principal structure.

3.

No more than two donation drop boxes (side-by-side) are allowed on a zoning lot less than two acres in size.

4.

No more than three donation drop boxes (side-by-side) shall be allowed on a zoning lot equal to or great than two acres in size.

5.

Each donation drop box shall not exceed seven feet in height and 25 square feet in ground area.

6.

Donation drop boxes shall be located on a hard, dust-free surface.

7.

Each donation drop box shall include language discouraging the placement of items outside the box.

8.

The name and telephone number of the box owner/operator shall be posted on the box.

9.

Donation drop boxes shall not: be adjacent to the front building facade, be within the required front or corner side yard setback, reduce the width of paved clear space for the passage of pedestrians to less than five feet, be located within ten feet of a fire department connection, or disrupt the flow of vehicular or pedestrian traffic.

10.

Upon a telephone notification from the village that materials are being placed outside of a box, the box owner/operator shall have 24 hours to remove the materials. Failure to do so on three or more occasions in a calendar year shall result in penalties listed under article XIII of this chapter.

j.

Pergola, which shall not exceed 12 feet in height, provided no part of the structure is located in any part of the front or corner side yard and the structure shall maintain a five-foot setback from a side or rear property line.

k.

Covered pavilions.

(2)

Special uses. Subject to conditions and requirements of article IX of this chapter as follows: Permitted accessory uses, the height limit or capacity of which exceeds the standards set forth in subsections (1)b and c of this section.

(3)

None of the following shall be permitted as accessory uses except as permitted in section 54-532.

a.

Outdoor storage or overnight parking of trucks with an empty weight in excess of four tons or buses designed for more than 11 passengers in a residence district.

b.

Any other outdoor storage, except as specifically permitted elsewhere in this division.

(Code 1973, ch. 29, § 5-103; Ord. No. 84-034, 8-14-1984; Ord. No. 11-029, 5-10-2011; Ord. No. 13-041, 6-11-2013)

Each accessory structure and use shall comply with the applicable use limitations in the zoning district in which it is located and, in addition:

(1)

No accessory structure or use shall be constructed, occupied or established on any lot prior to the completion of the principal structure to which it is accessory.

(2)

Except as provided in section 54-222(1)c, all accessory structures and uses located within a residence district shall be located, erected, altered or moved behind the front wall setback of the principal structure that is farthest from the front property line, unless the structure or use is a permitted yard obstruction as provided in section 54-82(1).

(3)

On a corner lot occupied by a principal residential structure that is legally nonconforming with respect to the corner side yard setbacks, accessory uses and structures may be located in the corner side yard provided they maintain the same setback as the principal residential structure.

(4)

It is unlawful to construct, install, alter or enlarge any accessory structure or use on private property in the village without first obtaining a building permit.

(Code 1973, ch. 29, § 5-104; Ord. No. 84-034, 8-14-1984; Ord. No. 03-103, 8-12-2003; Ord. No. 11-027, 5-10-2011)

Except as otherwise provided in this division, all accessory structures and uses shall observe the bulk regulations of the district in which they are located.

(Code 1973, ch. 29, § 5-105; Ord. No. 84-034, 8-14-1984; Ord. No. 95-079, 5-9-1995; Ord. No. 96-070, 6-25-1996; Ord. No. 02-115, 9-10-2002; Ord. No. 10-023, 4-27-2010)

Detached accessory structures, except fences, swimming pools, and antennae towers, shall have a minimum rear yard of five feet and a minimum side yard of five feet. No detached accessory structure may be located less than ten feet from any principal structure on the lot.

(Code 1973, ch. 29, § 5-105(A); Ord. No. 84-034, 8-14-1984; Ord. No. 95-079, 5-9-1995; Ord. No. 96-070, 6-25-1996; Ord. No. 02-115, 9-10-2002; Ord. No. 10-023, 4-27-2010)

(a)

Permits. It is unlawful to construct, install, alter or enlarge on private property in the village any swimming pool or hot tub without first obtaining a building permit.

(b)

Public utility and drainage easements. Swimming pools, including any attached deck, walkway, or apparatus (support structures, filter, etc.) and hot tubs (including any spa/gazebo or enclosure) shall not be located within any public utility and drainage easement, without first obtaining written permission from all utility companies.

(c)

Location to electrical lines. Swimming pools and hot tubs shall not be located within 18 feet vertically and ten feet horizontally of any overhead ComEd wiring or within five feet horizontally to underground ComEd wiring.

(d)

Pool coverings. All outdoor swimming pools shall be covered with a protective covering, capable of withstanding rain and snow accumulation whenever it is not being used for swimming during the off-season from October 1 to May 1.

(e)

Maintenance. The owner of any swimming pool constructed within the village, whether used or unused, shall cause the swimming pool to be maintained in a safe, presentable, neat, attractive and sound structural condition, including replacement of defective parts, repainting, cleaning, and other acts for the maintenance of the swimming pools.

(f)

Abandoned and unused swimming pools. A swimming pool which ceases to be used for one continuous season shall be considered unused and therefore shall be drained of any water and securely covered. A swimming pool which ceases to be used for two continuous seasons shall be considered abandoned and therefore shall be removed from the property.

(g)

Setbacks. All swimming pools, including attached decks, walkways, and apparatus (support structures, filter, heaters, etc.) and hot tubs (including any spa/gazebo or enclosure) shall comply with the following:

(1)

Front yard. Swimming pools and hot tubs shall not be permitted within a front yard.

(2)

Corner side yard or side yard abutting a street. Swimming pools and hot tubs shall not be permitted within a corner side yard or side yard abutting a street.

(3)

Interior side yard. All swimming pools and hot tubs shall not be located closer than six feet to any interior side lot line.

(4)

Rear yard. All swimming pools and hot tubs shall not be located closer than six feet to any rear lot line.

(5)

Rear yard abutting a street. All swimming pools and hot tubs shall not be located closer than ten feet to any rear lot line.

(Code 1973, ch. 29, § 5-105(B); Ord. No. 84-034, 8-14-1984; Ord. No. 95-079, 5-9-1995; Ord. No. 96-070, 6-25-1996; Ord. No. 02-115, 9-10-2002; Ord. No. 10-023, 4-27-2010)

It is unlawful to construct, install, alter or enlarge a public or semi-public swimming pool in the village without first obtaining a building permit.

(Code 1973, ch. 29, § 5-105(C); Ord. No. 84-034, 8-14-1984; Ord. No. 95-079, 5-9-1995; Ord. No. 96-070, 6-25-1996; Ord. No. 02-115, 9-10-2002; Ord. No. 10-023, 4-27-2010)

(a)

Height. Antennae towers shall have a maximum height of 50 feet above grade.

(b)

Location and setback of freestanding towers. Freestanding towers or antennae structures that are unattached to the principal structure shall not be located closer to the lot line than the total height of the tower or antennae structure. All unattached, freestanding towers or antennae structures shall be located in the rear yard and must be properly guyed entirely within the property limits.

(c)

Location of towers attached to principal structure. Towers or antennae structures that are directly attached to the principal structure can be located in an interior side yard or rear yard.

(Code 1973, ch. 29, § 5-105(D); Ord. No. 84-034, 8-14-1984; Ord. No. 95-079, 5-9-1995; Ord. No. 96-070, 6-25-1996; Ord. No. 02-115, 9-10-2002; Ord. No. 10-023, 4-27-2010)

(a)

Detached residences. Decks shall maintain a five-foot setback from any side property line and a 20-foot setback from any front, corner side, or rear property line. Notwithstanding any other provision of this article, if the side yard setback is less than five feet, a deck which is attached to the residence shall maintain the same setback as the residence.

(b)

Attached residences. All decks may extend to the zero lot line of the attached side of the dwelling, but shall maintain a five-foot setback from any other side or rear property line and a 20-foot setback from any front or corner side property line.

(c)

Replacement or extension of nonconforming decks. An existing deck does not comply with the setbacks in this section may be replaced if it maintains the preexisting setback and may be extended if the extension maintains the setbacks required in this section.

(Code 1973, ch. 29, § 5-105(E); Ord. No. 84-034, 8-14-1984; Ord. No. 95-079, 5-9-1995; Ord. No. 96-070, 6-25-1996; Ord. No. 02-115, 9-10-2002; Ord. No. 10-023, 4-27-2010)

It is unlawful to construct, erect or replace on private property in the village any fence or wall, as defined in this chapter, without first obtaining a building permit. Where a fence is to be built on a lot which is subject to a declaration of covenants, conditions and restrictions, no permit shall be issued for such fence unless the permit application is accompanied by a letter from the association or other authorized entity administering the declaration stating that such fence complies with the terms and provisions of the declaration and has been duly authorized.

(Code 1973, ch. 29, § 5-105(C)(1)(a); Ord. No. 84-034, 8-14-1984; Ord. No. 95-079, 5-9-1995; Ord. No. 96-070, 6-25-1996; Ord. No. 02-115, 9-10-2002; Ord. No. 10-023, 4-27-2010)

Fences and walls shall not inhibit or alter drainage over public utility and drainage easements.

(Code 1973, ch. 29, § 5-105(C)(1)(b); Ord. No. 84-034, 8-14-1984; Ord. No. 95-079, 5-9-1995; Ord. No. 96-070, 6-25-1996; Ord. No. 02-115, 9-10-2002; Ord. No. 10-023, 4-27-2010)

Construction of fences and walls shall comply with the following:

(1)

All fences shall be constructed so that the finished side of the fence faces a public street or neighboring properties.

(2)

All fences shall be constructed in a manner providing sufficient support and stability to resist wind loads and maintain its form, in accordance with village building codes.

(3)

All fences shall be permanent and shall be constructed and designed in a workman-like manner, using materials such as wood, chain link (minimum 11 gauge wire or heavier), plastic or PVC. Chicken wire and snow fencing shall not be an acceptable construction material for permanent fences.

(4)

Not less than one third of the length of each fence post shall be set into the ground.

(5)

Compact hedges or vegetation that exceed 2.5 feet in height and are more than 50 percent closed when viewed at right angles to the line of the hedge or vegetation shall be deemed to be a fence.

(Code 1973, ch. 29, § 5-105(C)(1)(c); Ord. No. 84-034, 8-14-1984; Ord. No. 95-079, 5-9-1995; Ord. No. 96-070, 6-25-1996; Ord. No. 02-115, 9-10-2002; Ord. No. 10-023, 4-27-2010)

No such fence may be located within the vision triangle, the sides of which are formed by the right-of-way lines of two intersecting streets. The length of the sides of the triangle shall be 15 feet for residential property and 30 feet for nonresidential property.

(Code 1973, ch. 29, § 5-105(C)(1)(d); Ord. No. 84-034, 8-14-1984; Ord. No. 95-079, 5-9-1995; Ord. No. 96-070, 6-25-1996; Ord. No. 02-115, 9-10-2002; Ord. No. 10-023, 4-27-2010)

The owner of every fence constructed within the village shall cause the fences to be maintained in a safe, presentable, neat, attractive and sound structural condition, including replacement of defective parts, repainting, cleaning, and other acts for the maintenance of the fences.

(Code 1973, ch. 29, § 5-105(C)(1)(e); Ord. No. 84-034, 8-14-1984; Ord. No. 95-079, 5-9-1995; Ord. No. 96-070, 6-25-1996; Ord. No. 02-115, 9-10-2002; Ord. No. 10-023, 4-27-2010)

The provisions of this chapter shall not apply to open design fences (such as chain link) constructed for the safety of children enclosing public parks or school playgrounds.

(Code 1973, ch. 29, § 5-105(C)(1)(f); Ord. No. 84-034, 8-14-1984; Ord. No. 95-079, 5-9-1995; Ord. No. 96-070, 6-25-1996; Ord. No. 02-115, 9-10-2002; Ord. No. 10-023, 4-27-2010)

(a)

Fences, including walls, and planting material used in the nature of a fence, placed or maintained on any portion of any public right-of-way or in any required yard which, by the nature of the materials used for its construction, its design or location would impair public safety by interfering and obstructing the vision of persons using the street, sidewalks or driveways on or adjacent to such a yard.

(b)

All fences or walls constructed in whole or in part of electrically charged current or wire, barbed wire, spikes, glass, protruding nails, or other sharp or pointed material of any kind, or designed to cause injury. Any land owned by the village is exempt from the provisions of this section insofar as it prohibits barbed wire fences. Notwithstanding the foregoing, the mayor and village board of trustees may grant an exemption from the prohibition against electrical charged current or wire fences set forth within this section, provided:

(1)

The village board of trustees must make a finding that such fence is necessary in order to protect private property.

(2)

Such fence may be constructed only in conjunction with a sales or storage facility.

(3)

No such fence shall be erected unless it is a second fence constructed inside a perimeter fence.

(4)

Signs warning of the danger shall be posted along the entire length of the electrical fence at intervals of not less than 100 feet.

(5)

The owner shall execute an indemnification and hold harmless agreement whereby the owner agrees to release, defend, indemnify and hold the village harmless from any and all claims of personal injury or property damage arising from or related to the fence.

(c)

All chain link fences with barbed ends up or any chain link fence along major streets, as defined in chapter 30.

(d)

Snow fences, except for the exclusive control of snow between November 1 and March 31 and erected by state or local highway authorities.

(e)

Exceptions to this section may be granted by petition to the village board.

(Code 1973, ch. 29, § 5-105(C)(2); Ord. No. 84-034, 8-14-1984; Ord. No. 95-079, 5-9-1995; Ord. No. 96-070, 6-25-1996; Ord. No. 02-115, 9-10-2002; Ord. No. 10-023, 4-27-2010)

(a)

Pet enclosures or runs. A pet enclosure or run shall be permitted only within a rear yard and shall not exceed six feet in height or 200 square feet in area. The enclosure or run shall not be located closer than ten feet to any property line.

(b)

Refuse receptacles and waste removal areas. All refuse receptacles and waste removal areas (including, but not limited to, trash containers, recycling containers and grease traps) shall be screened on all sides from public streets, pedestrian areas and neighboring properties. The screening shall be a minimum of six feet in height and shall consist of a sight-proof wall constructed of the same materials used on the building with solid (opaque) doors and gates.

(Code 1973, ch. 29, § 5-105(C)(3); Ord. No. 84-034, 8-14-1984; Ord. No. 95-079, 5-9-1995; Ord. No. 96-070, 6-25-1996; Ord. No. 02-115, 9-10-2002; Ord. No. 10-023, 4-27-2010)

All fencing in residential districts shall comply with the following requirements:

(1)

Generally. All fencing shall not exceed six feet in height, unless otherwise specified.

(2)

Front yard. All fences designed for aesthetic appeal or decorative effect or to protect property from damage may be located within a front yard, provided such fence shall conform to the following standards:

a.

Decorative fencing only shall be permitted within the front yard. No such fence shall be permitted unless 80 percent of the area of the fence is open. The area of the fence shall be deemed to be the smallest rectangle that will enclose all elements of the fence.

b.

All fencing shall not exceed three feet in height.

c.

All fencing shall be set back not less than one foot from any property line, or two feet from any public sidewalk.

d.

The total length of such fence shall not exceed 50 percent of the width of the lot on which it is located, as measured at the front property line.

e.

Exceptions from the restrictions contained in this section may be granted by the village board of trustees to any governmental body that owns land within the village when the board finds that an exception is reasonably required to permit such land to be devoted to public use.

(3)

Corner side yard. All fences located within a corner side yard shall be setback a minimum of ten feet from the property line, unless the fence is three feet or less in height, then the fence shall be allowed to maintain a minimum setback of one foot from the property line. No such fence shall be located within the required vision triangle as required in section 54-255.

(4)

Interior side yard. Fences in an interior side yard are not subject to a setback requirement from the interior side property line.

(5)

Rear yard. All fencing located within a rear yard shall comply with the following:

a.

Interior or corner lots. No setback requirement from the rear property line.

b.

Rear yard abutting a street. All fences located within a rear yard abutting a street shall be set back a minimum of five feet from the rear property line, except where an existing fence installed prior to April 27, 1993, is being replaced using the existing post holes.

c.

All fences located within a rear yard abutting a street shall contain a gate to allow access to the rear street frontage for maintenance purpose, except where an existing fence installed prior to April 27, 1993, is being replaced using the existing post holes.

d.

Landscape material shall be installed within the area between the fence and a rear lot line abutting a primary arterial or major street, as contained in section 54-575 except where an existing fence installed prior to April 17, 1993, is being replaced using the existing post holes.

(Code 1973, ch. 29, § 5-105(C)(4); Ord. No. 84-034, 8-14-1984; Ord. No. 95-079, 5-9-1995; Ord. No. 96-070, 6-25-1996; Ord. No. 02-115, 9-10-2002; Ord. No. 10-023, 4-27-2010)

Except as permitted in sections 54-255 through 260, all fencing in commercial and industrial districts shall conform to the following requirements:

(1)

Generally. All fencing shall not exceed eight feet in height, unless otherwise specified in this division.

(2)

Front yard. All fencing shall follow the required setback of that zoning district.

(3)

Corner side yard or side yard abutting street. All fencing shall follow the required setback for that zoning district.

(4)

Interior side yard. No setback requirement from an interior side property line.

(5)

Rear yard and rear yard abutting a street. No setback requirement from a rear lot line.

(6)

Open storage yards (excluding outdoor garden sales areas associated with a commercial business). The screening of open storage yards shall comply with the following requirements:

a.

All storage areas shall be completely screened on all sides and consist of a solid wall or fence including solid (opaque) doors or gates.

b.

All screening shall be at least eight feet in height, but in no case lower in height than the materials to be stored.

c.

Landscape material shall be required along the outside perimeter of that portion of the wall or fence visible from the public right-of-way as contained in section 54-579.

(Code 1973, ch. 29, § 5-105(C)(5); Ord. No. 84-034, 8-14-1984; Ord. No. 95-079, 5-9-1995; Ord. No. 96-070, 6-25-1996; Ord. No. 02-115, 9-10-2002; Ord. No. 10-023, 4-27-2010)