These residence districts are designed to provide for one- family dwelling sites and residentially related uses in keeping with the density character of the village. The preservation of the natural terrain and the standards under which the community has had its development take place is reflected in the controls set forth in this chapter. (Ord. 482, 4-7-1982)

In a one-family residential district (R-1 through R-4) no building or land shall be used and no building shall be erected except for one or more of the following specified uses, unless otherwise provided in this title:

One-family detached dwellings with not less than a 4/12 pitch roof for the dwelling and accessory buildings, and of not less than one thousand two hundred fifty (1,250) square feet for R-1 through R-3 districts, and of not less than nine hundred twelve (912) square feet for R-4 districts.

Publicly owned and operated parks and parkways.

Accessory buildings and uses, customarily incident to any of the above permitted uses. (Ord. 482, 4-7-1982; amd. Ord. 550, 5-10-1995; Ord. 550E, 6-9-1999)

The following uses may be permitted, subject to the conditions herein imposed and subject to the review of and approval of the site plan and the use by the village board after a hearing and recommendation is received from the zoning board for each use:

   (A)   Utility and public service facilities and uses (without storage yards) when operating requirements necessitate the locating of said facilities within the district in order to serve the immediate vicinity.

   (B)   Golf courses, country clubs, private recreational areas, and institutional recreation centers all subject to the following conditions:

      1.   Any use developed herein and requiring a structure shall have said structure so located on the site as not to be closer than one hundred feet (100') from the lot line of any adjacent residential land.

      2.   All ingress and egress from said site shall be directly onto a major thoroughfare.

      3.   The off street parking and general site layout and its relationship to all adjacent lot lines shall be reviewed by the village board and zoning board who may impose any reasonable restrictions or requirements so as to ensure that adjacent residential areas will be adequately protected.

   (C)   Swimming pool clubs when incorporated as a nonprofit club or organization maintaining and operating a swimming pool with specified limitation of members, either by subdivision, or other specified area or the exclusive use of members and their guests, all subject to the following conditions:

      1.   Front, side and rear yards shall be at least eighty feet (80') wide, except on those sides adjacent to nonresidential districts, and shall be landscaped in trees, shrubs, grass and terrace areas. All such landscaping shall be maintained in a healthy condition. There shall be no parking or structures permitted in these yards, except for required entrance drives and those walls and/or fences used to obscure the use from abutting residential districts.

      2.   Buildings erected on the premises shall not exceed two (2) stories in height.

      3.   All lighting shall be shielded to reduce glare and shall be so arranged as to direct the light away from all residential lands which adjoin the site and abutting streets.

      4.   Whenever the parking plan is so laid out as to beam automobile headlights toward any residential land, an obscuring wall or fence, at least four feet six inches (4'6") in height, shall be provided along that entire side of the parking area.

      5.   Whenever a swimming pool is constructed under this title, said pool area shall be provided with an approved protective fence, six feet (6') or more in height, and entry shall be provided by means of a controlled gate.

      6.   Off street parking shall be provided in the ratio of one parking space for at least one-half (1/2) of the total member families or individual members living outside a radius of one thousand feet (1,000') of the club property. (Ord. 482, 4-7-1982)

   (D)   Group occupancy of more than two (2) unrelated or four (4) related adults shall be permitted, subject to the following conditions:

      1.   A group of more than four (4) adults, the composition of which does not constitute a "family" as defined by this title, shall not be approved unless the written consent is first obtained from the adjoining property owners.

      2.   There is sufficient off street parking to accommodate not to exceed three (3) vehicles.

      3.   The proposed group occupancy is not within six hundred feet (600') of another existing group occupancy which requires a special use permit.

      4.   The proposed use will not require or include structural alterations as that term is defined in the BOCA basic building code or other building code adopted by the village.

      5.   The structure meets the requirements of the village's housing, building and fire codes, as set forth in this code or the codes adopted by references herein.

      6.   There shall be a minimum of one hundred twenty (120) square feet of bedroom space for every two (2) occupants.

      7.   A group occupancy permit may be revoked in the event the building inspector determines that it has not been operated in conformity with the above standards or other requirements of this title. An appeal of any such revocation shall be heard by the zoning board of appeals of the village. (Ord. 482-U, 2-26-1997)

   (E)   Home occupations when such use is not in conflict with the overall residential character of the area, and subject to the following:

      1.   No persons outside of residents of the dwelling unit shall be employed therein.

      2.   There shall be no exterior display other than one nonilluminated nameplate, not more than one square foot in area.

      3.   The occupation shall not require the use of a vehicle requiring a commercial license.

      4.   Off street parking requirements of section 10-14-5 of this title shall be provided.

      5.   No more than fifty percent (50%) of the first floor area of the dwelling or an equivalent area of the ground floor shall be so used. (Ord. 482-A, 3-2-1983)

      6.   Prior to the establishment of such home occupation, application shall be made to the zoning board, setting forth the exact nature, type, and character of the proposed home occupation, together with any and all plans for preparing the dwelling for such use, and shall, in addition, register such proposed type of home occupation. Thereupon the zoning board shall investigate or cause to be investigated the circumstances and attitudes of the neighborhood prior to granting approval of or the rejection of the application.

The application and/or registration for permission to conduct such business shall be accompanied by a fee which shall be established annually by the village board and published in the office of the village clerk. A home business must be registered and the fee must be paid annually. No registry nor right or privilege shall be transferable, nor shall such home occupation be permitted to be conducted by anyone other than the original applicant. (Ord. 806, 3-9-2016)

      7.   The building inspector may revoke a home occupation permit upon giving the owner and any interested persons who applied for the use at least ten (10) days' written notice of the grounds for revocation and the opportunity for an appeal before the zoning board of appeals at which time they may present evidence bearing upon the question and cross examination of witnesses. The grounds for which a permit may be revoked are:

         (a)   The owner or interested person applying for the use has knowingly furnished false or misleading information or withheld relevant information on any application for any use or knowingly suffered or caused another to furnish or withhold such information on his or her behalf;

         (b)   The owner, his/her agent, employee, officer, tenant, licensee or occupant has violated any of the provisions of the zoning ordinance or the standards required to obtain the permit, or that the property no longer complies with the standards necessary to obtain a permit; provided, however, that the building inspector shall give at least seven (7) days' prior written notice to the owner of the alleged violation or manner in which the property no longer complies with the standards with the opportunity to correct the problem during said time.

Appeals from any decision of the building inspector concerning the granting or revocation of a use with administrative approval shall be to the zoning board of appeals. Filing of an appeal from the decision of the building inspector to revoke a permit will stay his/her decision pending the decision of the zoning board of appeals.

      8.   The home occupation permit shall expire when:

         (a)   There is a change in the home occupation;

         (b)   There is a change in ownership of the residence;

         (c)   The person performing the occupation or profession no longer resides in the residence;

         (d)   The home occupation ceases for one year or longer; or

         (e)   The annual registration fee has not been paid. (Ord. 482-S, 9-11-1996)

   (F)   Funeral homes subject to the following conditions:

      1.   Signs when lighted shall be shielded from abutting residences.

      2.   Freestanding signs shall not exceed twenty (20) square feet in area.

      3.   All yard setback requirements for residences in the district in which such use is located shall be complied with.

      4.   Off street parking as required in section 10-14-5 of this title shall be provided.

      5.   Service areas shall be screened from abutting residences by means of walls, fences or planting.

   (G)   Two-family dwellings in the R-3 district only, provided the lot shall have the area at least six thousand seven hundred twenty (6,720) square feet and a lot width of at least seventy feet (70').

   (H)   Accessory buildings and uses customarily incident to any of the above permitted uses.

   (I)   Churches.

   (J)   Municipal buildings and uses. Public, parochial and other private elementary, intermediate and/or high schools offering courses in general education and not operated for profit.

   (K)   Cemeteries. (Ord. 482, 4-7-1982)

   (L)   Modular dwellings on any lot with less than eighty feet (80') frontage. (Ord. 550, 5-10-1995)

See section 10-12-3, "Schedule Of Regulations", of this title, limiting the height and bulk of buildings, the minimum size of lot permitted by land use, and maximum density permitted. (Ord. 482, 4-7-1982)

Single-family residences and their accessory buildings only shall be permitted in this area. Modular dwellings shall be permitted in this area as a special use. (Ord. 482, 4-7-1982; amd. Ord. 550, 5-10-1995)

This section is intended to provide for fences in residential areas in an attractive, safe and functional manner. All fencing requires a building permit. The following general conditions shall apply:

   (A)   Fence Construction: Fences shall be constructed such that vertical and/or horizontal supports and cross members are facing the interior of the lot. The decorative side of one-sided decorative fencing shall face away from the property.

   (B)   Fencing Materials: Fence materials shall allow for all of the standard fencing options, including standard wood fencing material, decorative metal, chain link, vinyl and composite. Any other materials will require Zoning Board approval. All fencing materials for a property will remain consistent, uniform appearance for the entire fence, except for shared fencing.

   (C)   Walls Used as Fences or Enclosures: Any wall used as a fence or enclosure shall require a building permit and shall comply with all applicable provisions of the residential building code. It shall be a general requirement for development or construction of any such wall that a site plan be presented to the Zoning Board prior to the issuance of a building permit. The site plan shall conform to the applicable requirements of and shall be reviewed pursuant to the requirements of subsection 10-9-1(C) of this title.

   (D)   Fencing Placing and Setbacks:

      1.   Fencing parallel to a street without a sidewalk must be 10 feet from the curbing or edge of the road.

      2.   Fencing parallel to a street with a sidewalk must be 3 feet from the sidewalk.

      3.   Fencing parallel to an alley must be 4 feet from the edge of the alley.

      4.   Fencing along the property line dividing one lot from another lot can be placed directly on the property line.

      5.   Any placement, including those listed above, that causes traffic visibility issues will not be allowed.

      6.   If adjacent properties each want their own fence along the same property line, there must be a mowers width (30 inches) between fences to allow for maintenance. If the first fence is installed directly on the property line, the second fence will need to be a mowers width away to allow for maintenance.

      7.   Any other placement will require Zoning Board approval.

   (E)   Fencing Type and Height and Yard Descriptions: Unless a variance is granted by the Zoning Board, the following apply:

      1.   A front yard is a yard extending across the front of a lot between the side lot lines, and being the minimum horizontal distance between the street line and the main building or any projection thereto other than the projection of the usual steps. The height of a front yard fence shall not exceed four feet (4') and shall be at least thirty percent (30%) open in design. For example, chain linked fencing is seventy percent (70%) to ninety percent (90%) open in design, and picket fencing is thirty percent (30%) to fifty percent (50%) open in design.

      2.   A side yard is a yard between the main building and the side line of the lot and extending from the front yard line to the rear yard line. A side yard fence shall not exceed four feet (4') in height.

      3.   A rear yard is defined as a yard extending across the rear of a lot, measured between the side lot lines, and being the minimum horizontal distance between the rear lot line and rear of the main building or any projections other than steps. A rear yard fence may not exceed six feet (6') in height.

   (F)   Securing of Access to Swimming Pools: Every person in control of land on which there is situated a swimming pool, which contains up to twelve inches (12") of water in depth at any point shall at no time leave the same unattended while containing such water. Upon the occurrence of the pool being no longer attended, the same shall be emptied, and the pool container shall be turned upside down.

   Every person in control of land on which there is situated a swimming pool which contains more than twelve inches (12") but less than three feet (3') of water in depth at any point shall maintain a secure cover of such strength as to prevent the access by any person, animal or thing in and to the interior of said swimming pool, and shall be of a sufficient strength to hold a weight of not less than seventy five (75) pounds.

   Every person in control of land on which there is situated a swimming pool which contains three feet (3') or more of water in depth at any point shall erect and maintain thereon an adequate enclosure either surrounding their property or pool area, sufficient to make such body of water inaccessible to persons. If the enclosure is to surround all or part of the land on which the pool is situated, the enclosure, including gates therein, shall be constructed to a height of six feet (6') above the underlying ground. If the enclosure is to be constructed on a deck or walkway surrounding an aboveground pool, the enclosure, including gates therein, shall be constructed to a height of four feet (4') above the underlying deck or walkway surrounding the aboveground pool, provided that any such enclosure of an aboveground pool shall not exceed eight feet (8') in height above the underlying ground. All gates shall be self-closing, lockable, and self-latching, which latches shall be placed four feet (4') above the underlying ground or otherwise made inaccessible from the outside to small children. Such enclosure shall include all opportunities to access the pool.

   These requirements shall apply to all swimming pools existing on the date that this subsection becomes law, as well as swimming pools which are placed on any property within the village subsequent to this subsection becoming law; provided that all swimming pools existing or under construction prior to the enactment of this subsection shall be enclosed within six (6) months after the effective date of this subsection, and swimming pools located on land annexed to the village shall be enclosed within three (3) months after annexation.

   It shall be unlawful for any owner of land, or person in control of land or swimming pool thereon to fail to comply with the requirements hereof. Each day of noncompliance shall constitute and be a separate offense, upon conviction for which such individual shall be fined not less than fifty dollars ($50.00) nor more than seven hundred fifty dollars ($750.00).

   (G)   Standards for the Granting of a Variation of Fence Height or Setback Requirements: A variance may be granted only after the following findings have been made:

      1.   That the proposed fence, considering its placement, height and construction, is compatible with the surrounding neighborhood and does not deprive neighboring property of its full use and enjoyment; and

      2.   That there exist special circumstances unique to the lot in question or use thereof which would make the variation necessary for the full enjoyment of the lot by the owners or occupiers.

   (H)   Revocation: In any case where a fence allowed by a variation of these regulations has not been maintained for six (6) continuous months after granting thereof, then without further action it shall be null and void.

   (I)   Term of Approval and Issuance of Permits:

      1.   A building permit is required before the installation of a fence.

      2.   The fence permit application must be completed and processed as follows:

         a.   A site plan must be submitted to the building inspector showing property lot lines, structures and fence placement.

         b.   Fence lines must be staked with string to show the exact location of the proposed fence.

         c.   The building inspector will inspect the marked area for any issues as it relates to the village ordinances and building codes.

         d.   The owner of property that is adjacent on the fence side of the applicant's property will be required to sign off showing agreement to the marked fence lines on the application.

         e. If any adjacent property owner refuses to sign off on the application, then a survey showing the applicant's property lines will be required before any permit will be issued.

      3.   Where an approved fence has not been established within six (6) months after the granting of the fence approval, then without further action by the city, said permit shall be null and void.

      4.   If a fence permit pursuant to this section has been discontinued for a period of six (6) months or more, it shall not be reestablished without obtaining new approval.

      5.   Any repair, replacement or change to a fence must be in accordance with standards specified.

   (J)   Barbed Wire Fences; Electric Fences: Barbed wire and electric fences are prohibited within residential zoning districts in the village. For purposes hereof, an "electric fence" shall mean any physical barrier that is energized so as to cause an electric shock to animals and humans who come into physical contact with the energized physical barrier. Invisible fencing used for common household domestic pets shall be allowed.

   (K)   Nonresidential Areas: Fences located within nonresidential areas may not exceed six feet (6') in height. (Ord. 861A, 4-24-2019; amd. Ord. 879, 7-10-2019; Ord. 879A, 9-23-2020)