Accessory buildings, structures and uses are permitted in accordance with the following:

A.

In the residential zoning districts, accessory buildings, structures and uses are limited to:

1.

A noncommercial greenhouse that does not exceed in floor area twenty-five (25) percent of the ground floor area of the main building.

2.

A private residential garage used only for the housing of noncommercial passenger automobiles. The maximum size of a detached garage will be dependent upon the size of the lot it is built upon, along with the lot area coverage percentage, the total roofed building coverage percentage and zoning setbacks of the residential zoning district the property is located in. The maximum size of a detached garage in each residential zoning district is as follows:

R-1: One thousand (1,000) square feet.

R-2: Eight hundred sixty-four (864) square feet.

R-2-A and all other remaining single-family residential zoning districts: Five hundred seventy-six (576) square feet.

3.

Vegetable or flower garden.

4.

Fence in compliance with Section 16.18.030, garden house, shed, gazebo, pergola, arbor, trellis, swimming pool, basketball goal, tennis court, swing set, playhouse, barbecue oven, fireplace, fire pit, patio, service walk, stoop, driveway, and similar uses customarily accessory to residential uses.

a.

Swimming pools shall only be permitted in conformance with the following standards:

i.

Swimming pools (inclusive of all electrical and mechanical equipment) must be located not less than six feet from all property lines.

ii.

Any deck or patio related to a swimming pool must conform to all other regulations and setbacks in this title.

iii.

Swimming pools must comply with the maximum lot coverage requirements in the zoning districts in which they are located.

iv.

Swimming pools must be located not less than ten feet away from all overhead electrical service lines and not less than five feet away from all underground electrical service lines.

v.

No swimming pool, which may contain 24 inches of more of water in depth at any point, shall be permitted unless the pool has a protective fence with a locking ladder attached to it, or the yard in which the pool is located is completely enclosed by a fence not less than four feet in height.

5.

Decks, in conformance with the following standards:

a.

Any deck that is located closer than ten feet to a main building, and that has a walking surface that is greater than18 inches above the adjacent ground at any point, shall be considered as part of the main building for the purpose of establishing yard areas, and shall be provided with the front, side and rear yards required for the main building.

b.

Any unroofed deck that is located closer than ten feet to a main building, and that does not have any railing and does not have any walking surface that is more than18 inches above the adjacent ground at any point, may be erected within three feet of a side or rear lot line, but shall not encroach upon the rear yard required for the main building by more than 12 feet.

c.

A deck located more than ten feet from a main building may be erected within three feet of a side or rear lot line.

6.

Home Occupations. Home occupations shall be permitted only in conformance with the following standards:

a.

The home occupation must be conducted by a member of the immediate family residing on the premises and must be conducted entirely within the dwelling unit, except as may be permitted pursuant to a special use permit issued in accordance with Subsections 16.12.020.B or 16.13.010.C of this Code.

b.

There shall be no noise, odor, dust, vibration, smoke, glare, television or radio interference, electrical interference, fire hazard or any other hazard or nuisance emanating from the structure containing the home occupation other than that usually experienced in an average dwelling under normal circumstances wherein no home occupation exists.

c.

The use may extend into a maximum of 25 percent of the total square footage of the principal structure not including the garage, except as may be permitted pursuant to a special use permit issued in accordance with Subsections 16.12.020.B or 16.13.010.C of this Code. The storage requirements for the occupation shall be counted towards the area occupied by the business.

d.

No home occupation shall cause overnight displacement of a vehicle from an attached or detached garage nor shall the area of any garage be considered in calculating maximum area that can be occupied by a home occupation.

e.

There shall be no structural alterations or construction features, either permanent or temporary, nor the installation of special equipment that would change the residential character of the dwelling, garage or property.

f.

There shall be no separate entrance constructed on the building for the sole purpose of the home occupation.

g.

The home occupation shall not cause a parking demand where there otherwise would be adequate parking for the surrounding residents.

h.

There shall be no outside storage of materials or equipment and there shall be no display that would indicate that the dwelling is used for a nonresidential purpose.

i.

Instruction or teaching shall be limited to no more than two pupils at a time.

j.

Home occupations shall be incidental and subordinate in use to the primary dwelling.

k.

No commodity shall be sold upon the premises.

l.

No commodity shall be sold or service rendered that requires receipt or delivery of merchandise, goods or equipment by other than a passenger motor vehicle or by parcel or letter carrier mail service.

m.

No mechanical equipment may be used except equipment normally used for domestic purposes.

n.

No more than one home occupation per dwelling unit is permitted.

o.

No home occupation that requires the use or storage of flammable materials in excess of five gallons is permitted.

p.

No care for humans is permitted, except child day care in single-family dwellings (as defined in this title) for six or fewer children during all or part of the day except as may be permitted pursuant to a special use permit issued in accordance with Subsections 16.12.020.B or 16.13.010.C of this Code. For the purpose of this subsection, the maximum of six children includes the family's natural or adopted children, and all persons under the age of 14 years.

q.

The home occupation must be incidental and secondary to the use of the premise as a dwelling unit.

r.

Home occupation shall not include the care or treatment of animals, including, but not by way of limitation, birds, dogs, cats, fowl, fish and reptiles.

s.

The following uses are prohibited as a home occupation: manufacturing, mortuaries, half-way houses, rooming houses, bed and breakfast, private clubs, rental of equipment or machinery from the premises, restaurants, vehicle repair, repair shops (except the repair of small items such as portable electric appliances, radios, cameras, typewriters and other similar items), tourist homes, stables, kennels or massage parlors.

t.

Presumption of a Home Occupation. Any of the following criteria shall give rise to the presumption that a home occupation is being conducted at or from a residence:

i.

Advertising with address and/or telephone number of the business being that of the residence;

ii.

Utility bills with the service address for a business being that of the residence;

iii.

Reports, tax returns or other documents filed with any government agency which indicates the address of the business is that of the residence;

iv.

Letterhead, invoices, statements of account, estimates or other documentation which indicates that the address of the business is that of the residence.

7.

Temporary Portable Storage Units. The use of temporary portable storage units, as defined in Chapter 16.04, is allowed for periods less than seventy-two (72) hours in conjunction with a move or a remodel, and shall comply with the following standards:

a.

Temporary portable storage units shall not be placed on village-owned property or public right-of-way.

b.

Temporary portable storage units shall be placed only on hard surfaces, such as asphalt, concrete, or brick pavers.

c.

No temporary portable storage unit shall obstruct visibility at the intersection of two or more roadways and/or driveways. There shall be no significant obstruction to visibility within the following areas:

i.

Within a sight triangle having legs of 25 feet along the right-of-way lines when two streets intersect.

ii.

Within a sight triangle having legs of ten feet along the right-of-way line and the driveway edge when a street and a driveway intersect.

iii.

Within a sight triangle having legs of ten feet along the drive lane edges when two on-site driving lanes and/or parking lot drive aisles intersect.

d.

No more than one temporary portable storage unit may be placed on any residentially zoned property at any one time.

e.

Temporary portable storage units may be placed on an individual lot on not more than three occasions in any six-month period for each dwelling unit on the lot.

8.

Accessory solar energy systems (ASES) that comply with the following standards:

a.

Purpose. The purpose of this subsection is to:

i.

Establish reasonable and uniform regulations for the location, installation, operation, and maintenance of ASES;

ii.

Ensure that the erection and installation of ASES within the Village is safe and minimizes any potentially adverse effects on the community;

iii.

Promote the supply of sustainable and renewable energy resources, in support of national, state and local goals; and

iv.

Facilitate energy cost savings and economic opportunities for residents and businesses situated within the village.

b.

All ASES shall comply with the following standards:

i.

General Requirements.

(A)

The sole purpose of all ASES shall be the production of energy for use by the principal use on the property on which the ASES is located as an accessory use or structure, allowing any excess energy to tie into the electrical grid via net metering.

(B)

No ASES shall be operated in a manner that interferes with access to or use of any public right-of-way or any utility system in the village, or that interferes with the reasonable use and enjoyment of any other property in the village.

(C)

No ASES shall be installed until the community development department receives evidence that the owner has submitted notification to the electric utility company of the customer's intent to install an interconnected customer-owned ASES. Off-grid systems are exempt from this requirement.

ii.

Permit Required. Unless otherwise provided in this section, no ASES shall be installed, altered, replaced, erected, re-erected, or relocated within the village for any reason unless and until the village issues a permit therefor. Applications for a permit shall be made upon forms provided by the community development department, be signed by the applicant, and contain or have attached thereto the following information:

(A)

The name of the person, firm, corporation, or association that applying for the permit, and the name, address, and telephone number of a contact person for the applicant.

(B)

A site plan showing the proposed location of the ASES upon the lot.

(C)

Copies of the manufacturer's specifications for the ASES.

(D)

The written consent of the owner of the building, structure, or property on which the applicant proposes to install the ASES, if the owner is different from the applicant.

(E)

Elevation(s) depicting the existing structural improvements on the property and the proposed ASES, showing the size. design details, and manufacturer specifications of the solar panels and other devices that are part of the ASES, including, without limitation: the wattage capacity of the ASES, the dimensions of the solar panels, the mounting mechanisms and/or foundation details, and structural requirements.

(F)

Four sets of plans and specifications depicting the method of construction, location, support, and method of attachment to the structure or ground of the ASES.

(G)

A copy of stress sheets and calculations prepared by a licensed professional engineer showing that the structure to which the ASES will be attached can accommodate the ASES load in accordance with the specifications of the ASES manufacturer and all applicable laws and ordinances of the village.

(H)

A line drawing supplied by the ASES manufacturer of the electrical components of the ASES that includes sufficient detail to allow the village to determine that the proposed method of installation conforms to this Code.

(I)

Each ASES shall conform to applicable industry standards including those of the American National Standards Institute (ANSI).

(J)

A certificate of compliance demonstrating that the ASES has been tested and approved by Underwriters Laboratories (UL) or another community development department approved independent testing agency.

(K)

Other information that the community development department may require to determine whether the proposed ASES complies with all applicable village laws and ordinances.

iii.

Visual Appearance.

(A)

The ASES shall remain painted or finished in the color or finish that was originally applied by the manufacturer or painted a non-reflective, unobtrusive color.

(B)

The appearance of the ASES and all appurtenant structures shall be maintained and not be altered at any time during the life of the unit.

(C)

When more than one solar panel is located on a property, the solar panels shall be uniform in style and color.

(D)

No trees or vegetation shall be removed or pruned to reduce or eliminate shading of an ASES from the sun, unless warranted for good forestry practices, as determined by the director of public works or his or her designee.

c.

ASES shall comply with the following additional standards:

i.

Height Limit. The height of any roof-mounted ASES shall not exceed the lesser of: (a) the height of the peak of that portion of the roof of the structure on which the ASES is mounted; or (b) the height restrictions generally applicable to structures within the zoning district in which the ASES is located. Ground-mounted solar systems shall not exceed the maximum accessory structure height within the underlying zoning district.

ii.

Location.

(A)

An ASES may be mounted on the roof of the principal building on a lot, or on the ground in approved zoning districts. In a residential zoning district, an ASES may also be mounted on the roof of an accessory detached garage. An ASES shall not be mounted upon any other portion of any principal structure or garage or on any portion of any other accessory structure. In M-1, M-1-A and M-2 zoned districts, ground-mounted solar systems shall be located only in the side and rear yards of the lot within the zoning district setbacks.

(B)

An ASES must either be:

(1)

An integral part of the structure, rather than a separate mechanical device, replacing or substituting for an architectural or structural part of the structure where the photovoltaic or hot water system is contained within roofing materials, windows, skylights, shading devices, or similar architectural components; or

(2)

Mounted to a finished roof surface.

(3)

Mounted to the ground in approved zoning districts.

(C)

An ASES may be installed at any location and angle on a flat roof provided that the entire ASES is completely screened from view from any street, sidewalk, or adjacent property by the building parapet walls or other screening approved by the zoning administrator.

(D)

On pitched roofs, all ASES shall be mounted flush with, parallel to, and no more than six inches above the finished surface of the roof.

iii.

Other Requirements:

(A)

No component of any ASES, including mounting racks, shall be permitted to tilt or rotate at a slope greater or less than the roof to which the device is attached when attached to a sloped roof.

(B)

With the exception of solar panels, mounting racks, pipe runs, and electrical wire connections, no portion of any ASES shall be installed on any exterior roof surface.

(C)

If solar panels are proposed to be installed on more than one exterior roof surface on the same structure, the fire department shall, prior to the issuance of a permit for the ASES, review and comment on the installation of the solar panels to verify that adequate roof access is provided to emergency personnel in the case of an emergency.

(D)

If an ASES is proposed to include solar panels mounted on the roof of the principal building on a lot and on the roof of an accessory structure on the same lot, all components of the ASES on the accessory structure must be electrically connected to the same system as on the principal structure, and the installation shall conform to all requirements of the currently adopted electrical code and local amendments. The electrical connection between the two buildings must be located underground.

(E)

ASES shall not be illuminated by artificial means, except where the illumination is specifically required by federal, state, or local regulation. ASES shall be designed with panels constructed in dark colored materials and covered with antireflective coatings, and be located and configured in a manner so as not to produce a concentrated reflection on surrounding properties.

(F)

Ground-mounted solar systems shall be enclosed within a wrought iron/metal/PVC/or aluminum fence possessing similar aesthetic characteristics to wrought iron or a masonry wall no less than four feet high that completely surrounds the system. All openings in the fence or wall (with the exception of those openings which allow direct access to the principal and accessory buildings on the premises) must have a self-closing, self-latching gate. The latch must be located at least four feet above grade or be inoperable from the outside. The fence or wall must be constructed so that a four-inch sphere cannot pass through at any point. The ground-mounted solar system shall also be landscaped with evergreens, berms, or other vertical landscaping so as to screen the system from streets and neighboring properties.

(G)

The proposed location and design of ground-mounted solar systems shall be subject to review and approval by the village's community development department and village engineer.

B.

In addition to the accessory buildings, structures and uses allowed in Section 16.18.020(A), in the R-4 district there may also be:

1.

Storage garages and parking lots conforming with the provisions of Chapter 16.32.

2.

Devices to be attached to existing lawful structures exceeding 50 feet in height (whether conforming or legally non-conforming), which attached devices are used for radio, telephone, microwave, or similar transmission or receiving. The device may not exceed three cubic feet in volume nor may any part of the device extend beyond the height of the structure to which it is attached, nor may any part of the device extend more than18 inches from any part of the structure. A site plan depicting the device as attached to the structure shall be subject to the prior approval of the village staff prior to the device being attached.

C.

In addition to the accessory buildings, structures and uses allowed in Sections 16.18.020(A) and 16.18.020(B), in the commercial and industrial zoning districts, there may also be:

1.

Parking lots and garages conforming with the requirements of Chapter 16.32;

2.

Use of not to exceed 40 percent of the floor area of a building for incidental storage or light industrial activity;

3.

Devices to be attached to existing lawful structures exceeding 50 feet in height (whether conforming or legally non-conforming), which attached devices are used for radio, telephone, microwave, or similar transmission or receiving. The device may not exceed three cubic feet in volume nor may any part of the device extend beyond the height of the structure to which it is attached, nor may any part of the device extend more than18 inches from any part of the structure. A site plan depicting the device as attached to the structure shall be subject to the prior approval of the village staff prior to the device being attached;

4.

Outdoor Dining Areas. Outdoor dining areas shall be permitted when accessory to a permitted or special use, subject to the following conditions and restrictions:

a.

Outdoor dining areas shall be permitted only as accessory uses on the same lot as a permitted or special use.

b.

Unless otherwise provided by this Code, no outdoor dining area shall be accessory to a principal use serving alcoholic liquor.

c.

Unless otherwise provided by this Code, outdoor dining areas shall not be located on any public or private right-of-way.

d.

Fences and other protective barriers intended to provide privacy or to demarcate the limits of the outdoor dining area are permitted provided they comply with the regulations regarding fences provided in Chapter 16.18 of this title.

e.

Open outdoor dining areas may be located in required yards, except that no outdoor dining areas shall be located in any required yard along any residential zoning district or within fifty (50) feet of a residential zoning district.

f.

Trash receptacles shall be provided in sufficient number to control litter and waste and shall be in compliance with Chapter 8.08 of this Code.

g.

Outdoor dining areas may be covered by a permanent roofed structure and be partially enclosed but not fully enclosed. The roof and partially enclosed structures must comply with building code regulations. Table umbrellas, awnings and other temporary sun shade devices shall also be permitted.

h.

Outdoor dining areas shall be set back at least five feet from parking areas and driving aisles and shall include adequate landscape screening.

i.

The design and placement of chairs and tables, as well as other equipment, shall comply with the Americans with Disabilities Act and the Illinois Accessibility Code.

j.

Outdoor sound amplification must be in compliance with the noise regulations in Chapter 8.16 of Title 8 of the Carpentersville Municipal Code.

k.

No outdoor dining area shall be used after the hour of 10:00 p.m.

l.

Unless otherwise provided by this Code, no food preparation, cooking, or catering shall take place in outdoor dining areas.

m.

The number of seats provided in outdoor dining areas shall not exceed 50 percent of the number of seats provided in all indoor dining areas inside the specific permitted or special use to which the outdoor dining areas are accessory.

n.

Permit require;

i.

No outdoor dining area shall be installed, erected, operated or used within the village prior to receiving a permit therefor.

ii.

Applications for permits shall be in writing on such application form provided by the village.

5.

Shipping Container Storage Unit: shall comply with the following standards:

a.

Shipping container storage units shall only be regularly utilized on properties located in the M-1. M-1-A or M-2 industrial zoning districts or via special use permit approved by the planning and zoning commission.

b.

A building permit is required for any shipping container storage unit installed in the Village of Carpentersville.

c.

Only one shipping container storage unit is allowed on any property as an accessory structure to a principal building use on the property. The subject property shall in all other respects be compliant with the village's zoning code regulations.

d.

Placement of the shipping container storage unit must be approved by the village's zoning administrator and must conform with the setbacks of the underlying zoning district.

e.

At no time shall any shipping container storage unit be allowed to be placed anywhere other than in the rear yard.

f.

Only shipping container storage units up to forty (40) feet in length are permitted in accordance with and subject to all other requirements herein.

g.

All signage on the shipping container storage unit shall be removed and the container shall be painted an earth tone color or color of siding material compatible with the surrounding environment or adjacent structures. The painting or siding shall be completed within thirty (30) days of the placement of the container. The shipping container storage unit shall also be surrounded by a minimum eight-foot high privacy fence or block/masonry wall with a lockable privacy gate for entry.

h.

No stacking of material on top of the shipping container storage unit is permitted.

i.

The shipping container storage unit shall be safe, structurally sound. and be placed on a stable surface.

j.

Any shipping container storage unit that becomes unsafe, unstable, or dangerous, as determined by the village's building official and/or building inspector. shall be removed or repaired immediately by the property owner.

k.

All permanent shipping container storage units shall be anchored or otherwise secured to the stable surface they are placed upon.

l.

Shipping container storage units shall not be placed in a manner that impedes access to public right-of-way, public utilities, drainage easements, adjacent structures or buildings.

m.

No shipping container storage unit may be utilized as a rental unit or be leased to anyone other than the property owner or business where the container is placed.

n.

Shipping container storage units shall only be connected to electrical service, not to any other utility service.

o.

All shipping container storage units are subject to inspection of contents by the village to ensure adherence to the ordinance as set forth.

D.

There shall be the following additional regulations for accessory buildings and structures:

1.

No accessory building or structure shall be constructed upon a lot until the construction of the main building has been actually commenced, and no accessory building or structure shall be used unless the main building on the lot is also being used. However, nothing shall prevent the use of a temporary construction shed or road wagon for the storage of tools, material and equipment by a contractor during construction.

2.

Accessory buildings and structures may not be used for dwelling purposes.

E.

Accessory wind energy systems (AWES) shall be allowed only in the zoning districts where they are listed as a special use, and shall be operated in accordance with the supplemental review standards noted below:

1.

All AWES shall comply with the following standards;

a.

Permit Required. Unless otherwise provided in this section, no tower-mounted or roof-mounted AWES shall be installed, altered, replaced, erected, re-erected or moved for any reason within the village prior to receiving a permit.

b.

Visual Appearance.

i.

The AWES shall remain painted or finished in the color or finish that was originally applied by the manufacturer or painted a non-reflective, unobtrusive color.

ii.

The appearance of the AWES and all appurtenant structures shall be maintained throughout the life of the unit.

iii.

When more than one AWES is located on a property, the AWES shall be uniform is style and color.

c.

Noise. All AWES shall comply with the noise regulations in Chapter 8.16 of Title 8 of the Carpentersville Municipal Code.

d.

Lighting. An AWES shall not be artificially illuminated unless required by the FAA.

2.

Tower-mounted AWES shall comply with the following additional standards;

a.

Quantity. A maximum of one tower-mounted AWES is permitted per lot.

b.

Minimum Lot Size. Tower-mounted AWES may only be located on lots with an area of ten acres or greater.

c.

Tower. Only free-standing monopole towers without guy wires shall be permitted. Trusses, tripods, guy wires, guy towers and lattice towers shall be prohibited;

d.

Height Limit. The maximum height for a tower-mounted AWES shall be 30 feet above the maximum building height in the specific zoning district in which the AWES is located. The height shall be measured from the ground to the top of the rotor hub, top of the tower, or tip of any blade in its vertical position, whichever is higher.

e.

Ground Clearance. The distance between the ground and any blades of a tower-mounted AWES shall be no less than20 feet, measured at the lowest point of the blade in its vertical position. The distance between the floor of an unenclosed accessory structure, such as a deck or balcony, and any blades shall be not less than20 feet, measured at the lowest point of the blade in its vertical position.

f.

Diameter. The rotor diameter of a horizontal-axis tower-mounted AWES and the rotor height of a vertical-axis tower-mounted AWES shall be no more than 13 feet.

g.

Location:

i.

Setback. The distance from all lot lines or any building, structure, power line or third party transmission line to any support base of the tower-mounted AWES shall not be less than one hundred ten (110) percent of the height of the AWES, measured from the ground to the top of the rotor hub, top of the tower, or tip of any blade in its vertical position, whichever is higher.

ii.

No part of an AWES shall be located within the required front yard.

iii.

No part of an AWES shall extend over property lines.

h.

Electrical Wires. All electrical wires associated with a tower-mounted AWES, other than wires necessary to connect the wind generator to the tower wiring, the tower wiring to the disconnect junction box, and the grounding wires shall be located underground.

i.

Access. The tower shall be designed and installed so as to not provide step bolts or a ladder readily accessible to the public for a minimum height of 12 feet above the ground.

j.

Signs. All signs, other than the manufacturer's or installer's identification, appropriate warning signs, or owner identification on a tower-mounted AWES visible from any public road shall be prohibited.

3.

Roof-mounted AWES shall comply with the following additional standards;

a.

Quantity. A maximum of one roof-mounted AWES per primary building is permitted per each lot of ten acres or greater.

b.

Height Limit. The maximum height for a roof-mounted AWES shall be15 feet above the maximum building height in the specific zoning district in which the AWES is located, or15 feet above the highest point of the roof structure, whichever is less. The height shall be measured to the top of the rotor hub, top of the support structure, or tip of any blade in its vertical position, whichever is higher.

c.

Ground Clearance. The distance between the ground and any blades of a roof-mounted AWES shall be no less than20 feet, measured at the lowest point of the blade in its vertical position. The distance between the floor of an unenclosed accessory structure, such as a deck or balcony, and any blades shall be not less than20 feet,

d.

Diameter. The rotor diameter of a horizontal-axis roof-mounted AWES and the rotor height of a vertical-axis roof-mounted AWES shall be no more than seven and one-half feet.

e.

Location:

i.

Setback. The distance from all lot lines or any power line or third party transmission line to any roof-mounted AWES shall not be less than one hundred ten (110) percent of the height of the AWES, measured from the ground to the top of the rotor hub, top of the support structure, or tip of any blade in its vertical position, whichever is higher.

ii.

On flat roofs, the support structure shall be set back from the side(s) of the building facing a street at least one-third of the depth of the roof as it faces the street(s).

iii.

On pitched roofs, not more than 50 percent of the support structure shall be mounted to any portion of the roof facing any street.

F.

Accessory buildings, structures and uses may encroach upon certain yards as set forth in the following table of permitted yard obstructions. All accessory buildings, structures and uses not listed in this table or this section shall be considered as prohibited yard obstructions. Accessory buildings, structures and uses listed in this table shall conform to the bulk regulations in this title unless otherwise specified in this table.

(Ord. 07-31 § 10, 2007; Ord. 03-28 §§ 1 (part), 2 (part), 2003; prior code § 5-7)

(Ord. No. 09-21, § 4, 5-5-2009; Ord. No. 10-19, § 3, 4-6-2010; Ord. No. 12-11, §§ 2, 3, 3-6-2012; Ord. No. 13-02, § 3, 1-15-2013; Ord. No. 13-20, § 4, 6-4-2013; Ord. No. 15-03, § 3, 1-6-2015; Ord. No. 18-31, § 2, 9-11-18; Ord. No. 22-41, § 2, 8-2-2022; Ord. No. 23-19, §§ 3, 4, 5-2-2023; Ord. No. 24-06, § 1, 2-13-2024; Ord. No. 24-07, § 1, 2-13-2024; Ord. No. 24-11, § 1, 3-5-2024; Ord. No. 24-24, § 1, 5-7-2024)

A.

General. The installation, replacement, alteration, relocation and maintenance of fences and walls in the village shall conform to the regulations of this section.

B.

Permit Required.

1.

Unless otherwise provided in this section, no fence or wall shall be installed, altered, replaced, erected, re-erected or moved for any reason within the Village prior to receiving a permit therefor.

2.

Applications for permits shall be in writing on such application form provided by the Village. The following information shall be submitted with each permit application:

a.

An accurate plat of survey or other accurate and scaled drawing indicating:

i.

The exact location of the proposed fence or wall;

ii.

The property lines;

iii.

The distance of the proposed fence or wall to the property lines;

iv.

The location and dimension of all structures existing on the site (including the primary building, all accessory buildings, and all existing fencing);

v.

The easements; and,

vi.

The street lines, driveways, sidewalks and walkways.

b.

Detailed specifications of the fence or wall including the fence type, height, and construction materials;

c.

A Homeowners Association approval letter, if applicable.

d.

If a fence is proposed to be installed along a property line and attached to an existing fence along the lot line of an adjoining lot, the applicant shall first secure the written permission for such attachment, in affidavit form, from all the owners of such adjoining lot and present the same with his or her application for permit.

3.

No permit shall be issued until it has been approved for zoning compliance by the Zoning Administrator or his or her designee.

4.

No permit shall be issued until after the permit fee has been paid in full.

C.

Impact on Drainage. No fence or wall shall inhibit or alter drainage (i.e. flow of storm water or surface water) through drainage ditches or over public utility and/or drainage easements.

1.

Fences in easements: The village shall have the right, but not the obligation, to remove, relocate, or alter a fence or wall located in an easement if the potential exists to impede or alter the surface water drainage of the property or any other property. If a fence or wall needs to be removed to obtain access to utilities or for the maintenance of drainage for any reason, the village is not responsible for replacement or repair of the fence, wall or any other homeowner improvements located within the easements.

2.

Grading restoration: When a fence is installed, all spoils shall be removed from the property and the grading shall be restored to its original state. The soil spoils which are removed shall not be spread under the fence or in any drainage easement.

D.

Impact on Visibility. No fence or wall shall obstruct visibility at the intersection of two or more roadways and/or driveways. There shall be no significant obstruction to visibility located above three feet in height within the following areas:

1.

A sight triangle having legs of 25 feet along the right-of-way lines when two streets intersect.

2.

A sight triangle having legs of ten feet along the right-of-way line and the driveway edge when a street and a driveway intersect.

E.

Structural Elements.

1.

All fence posts, support framework, and structural elements shall face the interior of the property upon which the fence is erected, and shall not face a public street or neighboring property.

2.

Fences shall not utilize barbed wire, spikes or other sharp, pointed material in their construction.

3.

Fence posts, including decorative elements attached thereto, may exceed the maximum fence height limits by not more than six inches.

4.

Fence posts must be buried a minimum of 30 inches and be structurally stable.

5.

Berming or mounding of earth directly below a fence for the sole purpose of increasing the height of a fence, as determined by the Zoning Administrator, is prohibited. Nothing in the previous sentence shall prohibit the permitting and installation of an otherwise code-compliant fence on the level area at the top of a retaining wall or berm constructed for the purpose of leveling or terracing a yard in compliance with the grading standards in the Subdivision Code.

F.

Definitions. For the purpose of this section the following definitions shall apply.

1.

"Chain Link Fence" means a fence constructed of chain link fabric of 11-gauge wire or heavier that is finished at all edges.

2.

"Decorative Fence" means a temporary fence-like device typically used to decorate the edge of gardens or landscaping and which does not exceed 16 inches in height. The use of decorative fencing does not require a permit.

3.

"Fence" means a manmade structure of wood, metal, masonry, plastic, or other synthetic material(s) designed, used, erected and affixed to real estate for the purpose of defining, enclosing or separating any portion of the real estate from adjoining land whether or not such fence is located on the boundary line of the property to which it appertains. A fence may include gates.

4.

"Open Fence" means a fence which has uniform openings throughout the fence representing at least seventy percent (70%) of the surface area of the fence when viewed at a right angle to the fence.

5.

"Picket Fence" means a fence with vertically-run members (pickets) which have uniform openings throughout the fence representing at least forty percent (40%) of the surface area of the fence when viewed at a right angle to the fence.

6.

"70% Open Picket Fence" means a fence with vertically-run members (pickets) which have uniform openings throughout the fence representing at least seventy percent (70%) of the surface area of the fence when viewed at a right angle to the fence.

7.

"Privacy Fence" means a solid fence with vertically-run members with little or no space between the members, with all fence boards rubbing along the same plane.

8.

"Shadow Box Fence" means a fence where vertical members are alternated on two different planes creating the overall look of a solid fence.

9.

"Silt or Erosion Control Fence" means a temporary sediment control device typically used on construction sites to control the movement of soil. Such fences commonly consist of pieces of approximately two-foot tall filter fabric supported by wooden or metal stakes. Such fences do not require a permit according to Section 16.18.030.B, but shall only be allowed in conjunction with a valid building permit for construction on the site where the fence is located.

10.

"Solid Fence" means a fence that has less than forty percent (40%) of the surface area in open space when viewed at a right angle to the fence.

11.

"Split-Rail Fence" means an open fence with horizontal members running between vertical posts.

12.

"Snow Fence" means a temporary fence typically used to force drifting of snow to occur in a predictable place, usually constructed of orange plastic attached to stakes at regular intervals or of a cedar or other lightweight woodstrip and wire frame attached to metal stakes. Such fences are only allowed for a maximum of five months in any calendar year.

13.

"Temporary/Construction Fence" means a temporary barrier intended to be used for the purposes of public safety or security, crowd control, theft deterrent, or equipment storage. Such fences are typically used as security fencing for building sites, and commonly include temporary panels constructed of chain link. Such fences do not require a permit according to Section 16.18.030.B, but shall only be allowed in conjunction with a valid building permit for construction on the site where the fence is located.

14.

"Tree Protection Fence" means a temporary fence used to prohibit encroachment of material, vehicles and construction equipment within the drip line of a tree to be preserved as specified in Section 16.80.190, and usually constructed of the same material as Snow Fence. Such fences do not require a permit according to Section 16.18.030.B, but shall only be allowed in conjunction with a valid building permit for construction on the site where the fence is located, or such additional time as required for tree preservation at the discretion of the Village Engineer.

15.

"Wall" means a solid fence constructed of masonry.

16.

"Wrought Iron Fence" means an open fence traditionally constructed of wrought iron. The fence may consist of other metal, PVC, or anodized aluminum possessing similar aesthetic characteristics to wrought iron.

G.

Fences in Residential Districts.

1.

Permitted Fences.

a.

Chain link fence.

b.

Picket fence.

c.

Privacy fence.

d.

Shadow box fence.

e.

Split-rail fence.

f.

Wall.

g.

Wrought iron fence.

2.

Types of Lots.

a.

Interior lots, as defined in Chapter 16.04.

b.

Corner lots, as defined in Chapter 16.04.

c.

Double Frontage lots, as defined in Chapter 16.04.

3.

Types of Yards.

a.

Front Yards, as defined in Chapter 16.04.

b.

Secondary Front Yards, as defined in Chapter 16.04.

c.

Side Yards, as defined in Chapter 16.04.

d.

Rear Yards, as defined in Chapter 16.04.

4.

Fences on Interior Lots.

a.

Fences in Front Yards.

i.

Permitted fences: Split-rail, wrought iron, seventy percent (70%) open picket fence.

ii.

Maximum Height: Three feet.

iii.

Fences which do not enclose any portion of the front yard are allowed along and within one foot of the side lot line and located a distance of not less than five feet from the front lot line (street line).

iv.

Fences are allowed which are placed within five feet of the front wall of the principal building but not extending beyond the corner of the building.

b.

Fences in Side Yards.

i.

Permitted Fences: Chain link, picket, privacy, shadow box, split-rail, wall, wrought iron.

ii.

Maximum Height: Six feet.

iii.

Setback: Zero feet.

c.

Fences in Rear Yards.

i.

Permitted fences: Chain link, picket, privacy, shadow box, split-rail, wall, wrought iron.

ii.

Maximum Height: Six feet.

iii.

Setback: Zero feet.

5.

Fences on Corner Lots.

a.

Fences in Front Yards.

i.

Permitted fences: Split-rail, wrought iron, seventy (70) percent open picket fence.

ii.

Maximum height: Three feet.

iii.

Fences which do not enclose any portion of the front yard are allowed along and within one foot of the side lot line not parallel with a street frontage, and located a distance of not less than five feet from the front lot line (street line).

iv.

Fences are allowed which are placed within five feet of the front wall of the principal building but not extending beyond the corner of the building.

b.

Fences in Secondary Front Yards.

i.

Fences at least three feet in height up to four feet in height.

(1)

Permitted fences: Seventy (70) percent open picket, split-rail, wrought iron.

(2)

Setback from the secondary front (secondary street) property line: Five feet.

(3)

Setback from the front (primary street) property line: Five feet.

(4)

Setback from the rear property line: Zero feet.

ii.

Fences greater than four feet in height which do not exceed six feet in height.

(1)

Permitted fences: Picket, privacy, shadow box, split-rail, wall, wrought iron.

(2)

Setback from the secondary front (secondary street) property line: Ten (10) feet.

(3)

Setback from the front (primary street) property line: Ten (10) feet.

(4)

Setback from the rear property line: Zero feet.

c.

Fences in Side Yards—Interior Lot Line.

i.

Permitted fences: Chain link, picket, privacy, shadow box, split-rail, wall, wrought iron.

ii.

Maximum height: Six feet.

iii.

Setback: Zero feet.

d.

Fences in Rear Yards.

i.

Permitted fences: Chain link, picket, privacy, shadow box, split-rail, wall, wrought iron.

ii.

Maximum Height: Six feet.

iii.

Setback: Zero feet.

6.

Fences on Double Frontage Lots.

a.

Fences in Front Yards.

i.

Permitted fences: Split-rail, wrought iron, seventy percent (70%) open picket fence.

ii.

Maximum Height: Three feet.

iii.

Fences which do not enclose any portion of the front yard are allowed along and within one foot of the side lot line and located a distance of not less than five feet from the front lot line (street line).

b.

Fences in Side Yards.

i.

Permitted Fences: Chain link, picket, privacy, shadow box, split-rail, wall, wrought iron.

ii.

Maximum Height: Six feet.

iii.

Setback: Zero feet.

c.

Fences in Rear Yards.

i.

Permitted fences: Chain link, picket, privacy, shadow box, split-rail, wall, wrought iron.

ii.

Maximum Height: Six feet.

iii.

Setback: Zero feet.

7.

Dog Runs:

a.

Allowed in rear yards only.

b.

Permitted fences: Chain link, picket, privacy, shadow box, split-rail, wall, wrought iron.

c.

Setback: Five feet from all property lines.

d.

Shall not exceed 25 feet in length, five feet in width, six feet in height.

e.

Splitting of a dog run into multiple units is not permitted.

f.

Dog runs are only allowed in the OTR, R-1, R-2, R-2-A, and R-3 zoning districts.

8.

Patio decorative or privacy screens:

a.

Allowed in rear yards only.

b.

Maximum Height: Eight feet.

c.

Setback from the rear property line: ten feet.

d.

Setback from the side property line: Not less than the actual distance from the principal building to the side property line.

e.

Setback from the secondary front (secondary street) property line: Not less than the actual distance from the principal building to the secondary front (secondary street) property line.

f.

Setback from the principal building: Three feet.

9.

Fences in the R-4-A zoning district:

a.

Fences in front yards and secondary front yards in the R-4-A district shall comply with the applicable regulations elsewhere in this section, except that privacy fences and walls not exceeding six feet in height for the screening of wheeled trash carts may be permitted in compliance with Section 8.08.070.

b.

Fences in side yards in the R-4-A district shall comply with the applicable regulations elsewhere in this section, with the following exceptions:

i.

Fences that are generally parallel to a side lot line shall be located within one-foot of the lot line (i.e. anywhere between zero inches and 12 inches away from the lot line).

ii.

Back-to-back fences are prohibited, and fences shall not be installed in such a way to leave a gap or alleyway between fences on adjacent properties.

c.

Notwithstanding the regulations elsewhere in this section, fences in rear yards in the R-4-A district shall limited to the following:

i.

Fences intended to function as patio, decorative, or privacy screens not exceeding six feet in height are allowed parallel to the side lot lines (i.e. anywhere between zero inches and 12 inches away from the lot line), and extending a distance of not more than six feet from the primary structure.

ii.

Privacy fences and shadow box fences not exceeding six feet in height are allowed parallel to and within one-foot of the side and rear lot lines of any lot (i.e. anywhere between zero inches and 12 inches away from the lot line).

iii.

All other rear yard fences in the R-4-A district shall be limited to four feet and two inches in height.

iv.

Back-to-back fences are prohibited, and fences shall not be installed along a rear or side lot line in such a way to leave a gap or alleyway between fences on adjacent properties.

d.

The zoning administrator may require, in his or her discretion, the installation of access gates within fences that cross or enclose any portion of a utility easement in the R-4-A district, to allow access by utility companies.

e.

If any fence post in the R-4-A district is removed from the ground, or if any fence panel in the R-4-A district is detached from any fence post, the post or panel shall not be reinstalled except in compliance with this subsection.

H.

Fences in Non-Residential Districts.

1.

Permitted Fences.

a.

Chain link.

b.

Picket fence.

c.

Privacy fence.

d.

Shadow box fence.

e.

Split-rail fence.

f.

Snow fence.

g.

Temporary/construction fence.

h.

Wall.

i.

Wrought iron fence.

2.

Types of Lots.

a.

Interior lots, as defined in Chapter 16.04.

b.

Corner lots, as defined in Chapter 16.04.

c.

Double Frontage lots, as defined in Chapter 16.04.

3.

Types of Yards.

a.

Front Yards, as defined in Chapter 16.04.

b.

Secondary Front Yards, as defined in Chapter 16.04.

c.

Side Yards, as defined in Chapter 16.04.

d.

Rear Yards, as defined in Chapter 16.04.

4.

Fences on Interior Lots.

a.

Fences in Front Yards.

i.

Permitted fences: Snow fence, temporary/construction.

ii.

Maximum Height: Eight feet.

iii.

Setback: Zero feet.

b.

Fences in Side Yards.

i.

Permitted fences: Chain link, picket, privacy, shadow box, split-rail, snow fence, temporary/construction, wall, wrought iron.

ii.

Maximum Height: Eight feet.

iii.

Setback: Zero feet.

c.

Fences in Rear Yards.

i.

Permitted fences: Chain link, picket, privacy, shadow box, split-rail, snow fence, temporary/construction, wall, wrought iron.

ii.

Maximum Height: Eight feet.

iii.

Setback: Zero feet.

5.

Fences on Corner Lots.

a.

Fences in Front Yards.

i.

Permitted fences: Snow fence, temporary/construction.

ii.

Maximum Height: Eight feet.

iii.

Setback: Zero feet.

b.

Fences in Secondary Front Yards.

i.

Permitted fences: Snow fence, temporary/construction.

ii.

Maximum Height: Eight feet.

iii.

Setback: Zero feet.

c.

Fences in Side Yards.

i.

Permitted fences: Chain link, picket, privacy, shadow box, split-rail, snow fence, temporary/construction, wall, wrought iron.

ii.

Maximum Height: Eight feet.

iii.

Setback: Zero feet.

d.

Fences in Rear Yards.

i.

Permitted fences: Chain link, picket, privacy, shadow box, split-rail, snow fence, temporary/construction, wall, wrought iron.

ii.

Maximum Height: Eight feet.

iii.

Setback: Zero feet.

6.

Fences on Double Frontage Lots.

a.

Fences in Front Yards.

i.

Permitted fences: Snow fence, temporary/construction.

ii.

Maximum Height: Eight feet.

iii.

Setback: Zero feet.

b.

Fences in Side Yards.

i.

Permitted fences: Chain link, picket, privacy, shadow box, split-rail, snow fence, temporary/construction, wall, wrought iron.

ii.

Maximum Height: Eight feet.

iii.

Setback: Zero feet.

c.

Fences in Rear Yards.

i.

Permitted fences: Chain link, picket, privacy, shadow box, split-rail, snow fence, temporary/construction, wall, wrought iron.

ii.

Maximum Height: Eight feet.

iii.

Setback from the rear (street) property line: the greatest of five feet from the property line, six feet from the sidewalk or pathway, or 12 feet from the back-of-curb or edge of pavement of the roadway.

iv.

Setback from the side property lines: Zero feet.

(Ord. 03-28 §§ 1 (part), 2 (part), 2003; Prior code § 5-7)

(Ord. No. 09-25, § 1, 6-2-2009; Ord. No. 11-52, §§ 2—4, 12-6-2011; Ord. No. 12-06, § 2, 2-7-2012; Ord. No. 14-21, § 3, 6-3-2014; Ord. No. 14-22, § 5, 6-3-2014; Ord. No. 24-12, § 1, 3-5-2024)

A.

Nonconforming Use of Land. In the residential districts where open land is being used as a nonconforming use, and such use is the principal use and not accessory to the main use conducted in a building, such use shall be discontinued not later than two years from the date of passage of this title. During the two-year period such nonconforming use shall not be extended or enlarged, either on the same or adjoining property. Any building incident and subordinate to such use of land, such as a shed, tool house, storage building, office or trailer, shall be removed at the end of the two-year period, or if the building is so constructed as to permit the issuance of a permit for a use not excluded from the district, the building may remain as a conforming use; thereafter, both land and building shall be used only as conforming uses.

B.

Nonconforming Use of Buildings. Except as otherwise provided in this title, the lawful use of a building existing at the effective date of this title may be continued although the use does not conform to the provisions of this title. If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or of a more restricted classification. Whenever a nonconforming use has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restricted use. The nonconforming use of a building may be hereafter extended throughout those parts of a building which were lawfully and manifestly arranged or designed for such use at the time of the enactment of this title.

C.

Time Limit for Nonconforming Uses. All nonconforming commercial or industrial buildings located within the residential districts and built before June 1, 1935, shall be removed or converted and the building thereafter devoted to a use permitted in the district in which the building is located, on or before June 1, 1975, and that nonconforming commercial or industrial buildings located within the residential districts for which a building permit was issued after June 1, 1935, shall be removed or converted, and the building thereafter devoted to a use permitted in the district in which such building is located, within 40 years from the date of issuance of a building permit therefore, but in all cases on or before June 1, 1995.

D.

Discontinuance of Nonconforming Uses. No building or portion thereof used in whole or in part for a nonconforming use which remains idle or unused for a continuous period of six months or more, whether or not the equipment or fixtures are removed, shall again be used except in conformity with the regulations of the district in which it is located.

E.

Special Uses Not Nonconforming. Existing uses eligible for special use permits shall not be nonconforming uses but shall require a special use permit for any alteration, enlargement, or extension.

F.

Intermittent Use. The casual, intermittent, temporary, or illegal use of land or buildings shall not be sufficient to establish the existence of a nonconforming use and the existence of a nonconforming use on the part of a lot or tract shall not be construed to establish a nonconforming use on the entire lot or tract.

G.

Existence of a Nonconforming Use. Whether a nonconforming use exists shall be a question of fact and shall be decided by the Planning and Zoning Commission after public notice and hearing and in accordance with the rules of the Commission.

H.

Nonconforming Uses Not Validated. A nonconforming use in violation of a provision of the ordinance which the ordinance codified in this title repeals shall not be validated by the adoption of this title.

(Ord. 03-28 §§ 1 (part), 2 (part), 2003; prior code § 5-7)

(Ord. No. 09-14, §§ 2, 3, 4-7-2009)