No obstructions, such as structures, parking or vegetation, shall be permitted in any district between the heights of three feet and 10 feet above the plane through the mean curb grades within the triangular space formed by any two existing or proposed intersecting street or alley right-of-way lines and a line joining points on such lines located at a minimum of 25 feet from their intersection.

In the case of arterial streets intersecting with other arterial streets or railways, the corner cutoff distance establishing the triangular vision clearance space shall be increased to 50 feet.

Purpose. The purpose of this section is to prevent congestion of public rights-of-way and private lots so as to promote the safety and general welfare of the public by establishing minimum requirements for the provision of loading facilities on various sites.

Applicability. Any use which has a gross floor area of 6,000 square feet or more, and which requires deliveries or makes shipments, shall provide off-street loading facilities in accordance with the regulations of this section.

Location. All loading berths shall be located 25 feet or more from the intersection of two street right-of-way lines. Loading berths shall not be located within any required front yard or street yard setback area. Access to the loading berth shall be located in conformance with §§ 325-76 and 325-77. All loading areas shall be located on the private lot and shall not be located within, or so as to interfere with, any public right-of-way.

Size of loading area. The first required loading berth shall be designed in accordance with Table 325-74D.[1] All remaining required loading berths shall be a minimum of 25 feet in length. All required loading berths shall have a minimum vertical clearance of 14 feet. The following standards shall be the minimum used to design loading areas:

Access to loading area. Each loading berth shall be located so as to facilitate access to a public street or alley and shall not interfere with other vehicular or pedestrian traffic per § 325-75 and shall not interfere with the function of parking areas. In no instance shall loading areas rely on backing movements into public rights-of-way.

Surfacing and marking. All required loading areas shall be paved and maintained in a dust-free condition at all times. Said surface shall be marked in a manner which clearly indicates required loading areas.

Use of required loading areas. The use of all required loading areas shall be limited to the loading and unloading of vehicles. Said area shall not be used to provide minimum required parking spaces.

Lighting. All loading areas shall be lit so as to not exceed the standards of § 325-78.

Signage. All signage located within, or related to, loading areas shall comply with the requirements of Article VII.

Depiction on required site plan. Any and all required loading areas proposed to be located on the subject property shall be depicted as to their location and configuration on the site plan required for the development of the subject property.

Calculation of required loading spaces.

Purpose. The purpose of this section is to alleviate or prevent congestion of public rights-of-way so as to promote the safety and general welfare of the public by establishing minimum requirements for the provision of off-street parking and circulation in accordance with the utilization of various sites.

Location and depiction on required site plan. Any and all parking and traffic circulation areas proposed to be located on the subject property shall be depicted as to their location and configuration on the site plan required for the development of the subject property. Each and every on-site parking space designed to serve as required parking shall not be located farther than 300 feet, except as permitted by a conditional use permit, of shortest walking distance from the access to all of the various areas it is designated to serve. A garage stall, meeting the access requirements of § 325-75F(4) below, shall be considered a parking space. Parking spaces for any and all vehicles exceeding 18 feet in length shall be clearly indicated on said site plan.

Use of off-street parking areas. The use of all required off-street parking areas shall be limited to the parking of operable vehicles not for lease, rent or sale. Within residential districts, required parking spaces shall only be used by operable cars and trucks.

Traffic circulation and traffic control. Site circulation shall be designed to provide for the safe and efficient movement of all traffic entering, exiting and on the site. Circulation shall be provided to meet the individual needs of the site with specific mixing of access and through movements, and where required, shall be depicted on the required site plan. Circulation patterns shall conform with the general rules of the road and all traffic control measures shall meet the requirements of the Manual of Uniform Traffic Control Devices.

Installation and maintenance of off-street parking and traffic circulation areas. All off-street parking and traffic circulation areas shall be completed prior to building occupancy and shall be maintained in a dust-free condition at all times. In no instance or manner shall any off-street parking or traffic circulation area be used as a storage area except as provided for by § 325-89D.

Off-street parking and traffic circulation design standards.

Calculation of minimum required parking spaces.

Islands between driveway openings in business and industrial areas shall be provided with a minimum of 12 feet between all driveways and six feet at all lot lines.

Openings for vehicular ingress and egress shall not exceed 24 feet at all lot lines.

Vehicular entrances and exits to drive-in theaters, banks and restaurants; motels; funeral homes; vehicular sales, service, washing and repair stations; garages or public parking lots shall be not less than 200 feet from any pedestrian entrance or exit to a school, college, university, church, hospital, park, playground, library, public emergency shelter or other place of public assembly.

Shared driveways. Private driveways shall serve no more than one residential or commercial use unless specifically approved by the Plan Commission. Approvals for shared driveways shall be in situations where literal enforcement of the standard for individual private driveways serving each residential or commercial use would conflict with highway access requirements, would not be practical or would cause unnecessary hardship. The Plan Commission may attach conditions or require periodic review of all exceptions to the driveway standard.

Residential driveways. In SR-3 or SR-4 residential areas, each dwelling unit shall have driveway access to not more than one street or highway, except through lots which shall not designate more than one street or highway for driveway access.

No direct private access shall be permitted to the existing or proposed right-of-way of expressways, nor to any controlled access arterial street, without permission of the highway agency that has access control jurisdiction.

No direct public or private access shall be permitted to the existing or proposed rights-of-way of the following:

Access barriers, such as curbing, fencing, ditching, landscaping or other topographic barriers shall be erected to prevent unauthorized vehicular ingress or egress to the above-specified streets or highways.

Temporary access to the above rights-of-way may be granted by the Plan Commission after review and recommendation by the highway agencies having jurisdiction. Such access permits shall be temporary, revocable and subject to any conditions required and shall be issued for a period not to exceed 12 months.

Purpose. The purpose of this section is to regulate the spillover of light and glare on operators of motor vehicles, pedestrians and land uses in the vicinity of a light source in order to promote traffic safety and prevent the creation of nuisances. A further purpose of this section is to regulate outdoor night lighting fixtures to preserve and enhance the area's dark sky while promoting safety, conserving energy and preserving the environment for astronomy.

Applicability. The requirements of this section apply to all private exterior lighting within the jurisdiction of this chapter except for lighting within public rights-of-way and/or lighting located on public property. For the purpose of this section:

Depiction on required site plan. Any and all exterior lighting shall be depicted as to its location, orientation and configuration on the site plan required for the development of the subject property.

Requirements.

Purpose. The purpose of this section is to regulate the creation of noise that adversely affects adjoining properties in order to prevent the creation of nuisances and to promote the general welfare of the public.

Applicability. The requirements of this section apply to all uses and activities which create detectable noise, except that these standards shall not apply to noise created during the construction of the principal use on the subject property or by incidental traffic, parking, loading, maintenance or agricultural operations

Requirements.

Purpose. The purpose of this section is to regulate the creation of vibration that adversely affects adjoining properties in order to prevent the creation of nuisances and to promote the general welfare of the public.

Applicability. The requirements of this section apply to all uses and activities that create detectable vibrations, except that these standards shall not apply to vibrations created during the construction of the principal use on the subject property.

Depiction on required site plan. Any activity or equipment which create detectable vibrations outside the confines of a building shall be depicted as to its location on the site plan required for the development of the subject property. (See § 325-111.)

Requirements. No activity or operation shall cause or create earthborn vibrations in excess of the displacement values given below.

Method of measurement. Measurements shall be made at or beyond the adjacent lot line or the nearest residence district boundary line as described below. Vibration displacements shall be measured with an instrument capable of simultaneously measuring in three mutually perpendicular directions. The maximum permitted displacements shall be determined in each zoning district by the following formula:

Standards in the General Industrial District. In the General Industrial District, the maximum earth displacement permitted at the points described below shall be determined by use of the formula above and the appropriate K constant shown in the table below:

Standards in the Heavy Industrial District. In the Heavy Industrial District, the maximum earth displacement permitted at the points described below shall be determined by use of the formula above and the appropriate K constant shown in the table below:

Standards in the Planned Industrial District. In the Planned Industrial District, the maximum earth displacement permitted at the points described below shall be determined by use of the formula above and the appropriate K constant shown in the table below:

Purpose. The purpose of this section is to regulate the creation of odor that adversely affects adjoining properties in order to prevent the creation of nuisances and to promote the general welfare of the public.

Applicability. The requirements of this section apply to all land uses and activities, except that these standards shall not apply to odors created during the construction of the principal use on the subject property or by incidental traffic, parking, loading or maintenance operations. Public landfills and public sanitary sewage treatment plants shall be exempted from the requirements of this section as essential public services.

Standards. Except for food preparation and cooking odors emanating from residential land uses, and odors associated with property development and maintenance (such as construction, lawn care and the painting and roofing of structures), no odor shall be created for periods exceeding a total of 15 minutes per any day which are detectable (by a healthy observer such as the Zoning Administrator or a designee who is unaffected by background odors such as tobacco or food) at the boundary of the subject property where said lot abuts property within any residential, office, commercial zoning district or the Planned Industrial (PI) District. (See § 325-34.)

Purpose. The purpose of this section is to regulate the creation of electromagnetic radiation that adversely affects adjoining properties in order to prevent the creation of nuisances and to promote the general welfare of the public.

Applicability. The requirements of this section apply to all land uses and activities.

Standards. It shall be unlawful to operate or cause to be operated any planned or intentional source of electromagnetic radiation for such purposes as communication, experimentation, entertainment, broadcasting, heating, navigation, therapy, vehicle velocity measurement, weather survey, aircraft detection, topographical survey, personal pleasure or any other use directly or indirectly associated with these purposes which does not comply with the then-current regulations of the Federal Communications Commission regarding such sources of electromagnetic radiation. Further, said operation in compliance with the Federal Communications Commission shall be unlawful if such radiation causes an abnormal degradation in performance of other electromagnetic radiators or electromagnetic receptors of quality and proper design because of proximity, primary field, blanketing, spurious radiation, harmonic content, modulation or energy conducted by power or telephone lines. The determination of abnormal degradation in performance and of quality and proper design shall be made in accordance with good engineering practices as defined in the latest principles and standards of the American Institute of Electrical Engineers, the Institute of Radio Engineers and the Electronic Industries Association. In case of any conflict between the latest standards and principles of the above groups, the following precedence in the interpretation of the standards and principles shall apply:

No aboveground or below-ground storage tanks or other containers of hazardous materials in excess of 55 gallons' capacity shall be located in a residential district or within 25 feet of a residential district boundary. Storage associated with residential heating systems shall be excepted from this requirement.

Where hazardous or inflammable materials used for commercial purposes are stored above ground or where the valves or other control mechanisms are not within an enclosed and security locked structure, such facilities shall be enclosed within a security fence not less than six feet in height if such facilities are within 200 feet of a residential district.

Residential fences. Fences or hedges for residential one- and two-family dwellings shall be erected or planted within the lot lines. All fences and hedges shall not have a significant adverse impact on public health, safety, or welfare, as determined by the Building Inspector. (Recommendation: Property owners are encouraged to engage a surveyor to verify property lines and review all applicable neighborhood restrictive covenants prior to installation of any fence.) Residential fences shall comply with the following requirements:

Fences and hedges in street yards. Only decorative fences or hedges may be erected in street yards subject to the following requirements:

Setback for fences and hedges. A fence may be erected up to the lot line, but no part of the fence or post may encroach over the lot line. (Recommendation: Property owners are encouraged to hire a surveyor to determine the location of property lines prior to installation of any fence. If the fence is kept back from the property line it will allow easier maintenance without going on property owned by someone else. Keep plantings back from the property line to allow easy maintenance.)

Fences in nonresidential zoning districts. Acceptable materials include wood, stone, brick, wrought iron, chain link and wire mesh. When used in lieu of landscaping to provide screening, fences shall not be less than five feet nor greater than eight feet in height. See § 325-62.

Prohibited fences. No fence shall conduct electricity or be designed to electrically shock. No fence shall be barbed wire; provided, however, that barbed wire may be used in industrially zoned areas if the devices securing the barbed wire to the fence are 10 feet above the ground in height and project toward the fenced property and away from any public area. No fence shall be attached to a tree.

Fences in easements. Fences in easements are prohibited except as noted below.

Security fences. Security fences are permitted on the property lines in all districts except residential districts, but shall not exceed 10 feet in height and shall be of open-type similar to woven wire or wrought iron fencing.

Fences to be repaired. All fences shall be maintained in a neat, sightly and safe manner. The Building Inspector may condemn any fence or hedge not so maintained. The determination to condemn a fence or hedge under this section shall be made in accordance with the definitions and procedures outlined in this chapter.

Temporary fences. Fences erected adjacent to public rights-of-way for the protection of planting or to warn of construction hazards or for similar purposes shall be clearly visible or marked with colored streamers or other such warning devices at four-foot intervals. Such fences shall comply with the setback requirements set forth in this article. Temporary fences shall not be erected for more than 45 days. Extension of the 45 days requires approval from the Building Inspector.

Nonconforming fences and hedges. Any fence or hedge existing on the effective date of this Municipal Code and not in conformity with this article may be maintained, but any alteration, modification or improvement of said fence shall comply with this article.

Pool fences.

Fences not requiring permits. Garden fences two feet or less in height, snow fences placed seasonally, arbors, trellises, and similar structures shall not require a permit. The Building Inspector may order the removal of any fence or structure subject to this section not kept in a neat, sightly, and safe manner.

Purpose. The purpose of this section is to control the use of residential, office and commercial property for exterior storage so as to promote the safety and general welfare of the public. For exterior storage in agricultural and industrial districts, refer to § 325-49.

Requirements for exterior vehicle and related equipment storage in residential zoning districts. No person shall park or store recreational vehicles on a lot in a residential district except within a fully enclosed structure or except as provided herein.

Requirements for exterior material storage in residential zoning districts. No person shall store materials on a lot in a residential district except within a fully enclosed structure or except as provided herein.

Requirements for exterior storage in office and commercial districts. In all office and commercial zoning districts (see § 325-34 for a listing of these districts), all materials and equipment shall be stored within a completely enclosed building except for the following which shall not be located within any front yard or required street yard (except for vehicles in designated parking spaces) and shall be stored a minimum of five feet from any and all property lines: screened refuse containers; construction materials, landscape materials and related equipment connected within on-site construction; and off-street parking.

Inoperative motor vehicles and junk. Refer to the Village Code.

Purpose. The purpose of this section is to regulate the use of certain exterior construction materials creation so as to attain a degree of uniformity in exterior appearance and thus maintain and enhance the attractiveness and property value of certain zoning districts.

Applicability. The requirements of this section apply to all land uses and activities.

Standards for all residential, office, commercial and the PI Zoning Districts.

Trademark architecture shall not be permitted.

Architectural design is subject to the site plan review process (see § 325-112).

Exceptions. The conditional use process (per § 325-111) may be used to propose the use of a material otherwise prohibited by § 325-90C above.

Solar collectors. Ground-mounted, roof-mounted, and canopy-mounted solar energy collection systems are regulated as accessory uses as follows:

Wind generators. Wind generators may be attached to the principal structure or constructed as an accessory structure subject to all of the restrictions of an accessory structure. Wind generators may be constructed to a height up to 60 feet, provided that for each foot in height they shall be constructed at least one foot from the property line.

Satellite dishes and other communications equipment. Satellite dishes and other communications equipment may be attached to principal buildings or constructed as accessory structures subject to all of the restrictions of an accessory structure. Satellite dishes attached to principal or accessory structures may not exceed the height of buildings allowed in the district in which it is located. Communications towers and antennas may be constructed to a height up to 60 feet, provided that for each foot in height they shall be constructed at least one foot from the nearest property line. Television antennas less than 20 feet in height above the roofline on residences are exempted from this requirement.

Purpose. The purpose of this section is to regulate the creation of drainage that adversely affects adjoining properties in order to prevent the creation of nuisances and to promote the general welfare of the public.

Applicability. The requirements of this section apply to all land uses and activities.

Standards. No land shall be developed and no use shall be permitted that results in water runoff that causes property damage, a nuisance and/or erosion on adjacent properties. Such runoff shall be properly conveyed to a public storm drain, drainageway or other such public drainage facility per the approval of the Director of Public Works. All parking lots 4,000 square feet or larger shall be internally drained with catch basins connected to a municipal storm sewer.