(a)

Principal use to be present. An accessory use or structure in any zoning district shall not be established prior to the principal use or structure being present or under construction. Any accessory use or structure shall conform to the applicable regulations of the district in which it is located, except as specifically otherwise provided.

(b)

Placement restrictions; residential districts. An accessory use or structure in a residential district may be established subject to the following regulations:

(1)

Accessory uses and detached accessory structures, such as garages, and garden or utility sheds may be placed or erected in the rear yard, upon the issuance of a building permit, provided that there is no more than one of each type of accessory structure.

(2)

No accessory structure shall be closer than ten feet to the principal structure.

(3)

No accessory structure shall exceed 15 feet in height.

(4)

No accessory structure shall be located closer than three feet to any lot line.

(5)

No residential accessory garage shall exceed 650 square feet in area.

(6)

No other accessory structure shall exceed 250 square feet in area, and the total of all accessory structures shall not exceed 50 percent of the rear yard area. However, no detached garage or carport shall be placed or erected in the rear yard of a lot in the R-1 Single-Family Residential District.

(c)

Use restrictions; residential district. Accessory uses or structures in residential districts shall not involve the conduct of any business, trade or industry except for home occupations as defined and authorized herein and shall not be occupied as a dwelling unit.

(d)

Use restrictions; nonresidential districts. An accessory use or structure in a business or manufacturing district may be established in the rear yard or side yard and shall have setbacks as prescribed in each zoning district.

(e)

Reversed corner lots. When an accessory structure is located on the rear of a reversed corner lot, it shall not be located beyond the front yard required on the adjacent interior lot to the rear, or nearer than five feet to the side line of the adjacent structure.

(f)

Landscaping and decorative uses. Accessory structures and vegetation used for landscaping and decorating may be placed in any required yard area. Permitted structures and vegetation include flag poles, ornamental light standards, lawn furniture, sun dials, bird baths, trees, shrubs and flowers and gardens.

(g)

Temporary uses. temporary accessory uses such as real estate sale field offices or shelters for materials and equipment being used in the construction of the permanent structure may be permitted by the zoning administrator, and shall be removed within 30 days of occupancy of the project.

(h)

Garages in embankments in front yards. Where the mean natural grade of a front yard is more than eight feet above the curb level, a private garage may be erected within the front yard, following approval by the village board, provided as follows:

(1)

That the private garage shall be located not less than five feet from the front lot line;

(2)

That the floor level of the private garage shall be not more than one foot above the curb level; and

(3)

That at least one-half the height of the private garage shall be below the mean grade of the front yard.

(i)

Outdoor lighting. Outdoor lighting installations shall not be permitted closer than three feet to an abutting property line and, where not specifically otherwise regulated, shall not exceed 15 feet in height and shall be adequately shielded or hooded so that no excessive glare or illumination is cast upon the adjoining properties.

(j)

Lawn accessories. Walks, drives, paved terraces and purely decorative garden accessories such as pools, fountains, statuary, flag poles, etc., shall be permitted in setback areas but not closer than three feet to an abutting property line other than a street line.

(k)

Retaining walls. Retaining walls may be permitted anywhere on the lot; provided, however, that no individual wall shall exceed six feet in height, and a terrace of at least three feet in width shall be provided between any series of the walls and provided further that along a street frontage no the wall shall be closer than three feet to the property line.

(l)

Offensive uses prohibited. No accessory use shall be dangerous, obnoxious or offensive to persons residing in the vicinity, or shall impair the use, enjoyment or value of any property.

(m)

Prohibited dwelling use. No accessory dwelling unit in any residential district shall be used or let for living purposes except as permitted by this article.

(n)

Gardening. Home gardening may be an accessory use on any dwelling lot or the principal use on any vacant lot or parcel.

(Code 2003, § 13-1-140)