Denmark Village City Zoning Code
ARTICLE II
General Provisions
§ 315-20 Incidental uses.
Any lot containing a principal use and principal structure may also contain such incidental uses that are customarily affiliated with but subordinate to the principal use or principal structure. The determination of such uses shall be at the discretion of the Zoning Administrator.
§ 315-21 Accessory structures and accessory uses.
A.
General.
(1)
Construction of an accessory structure may not commence prior to the approval of said structure by the Zoning Administrator.
(2)
Portable storage facilities, including shipping containers, portable on demand storage (PODS®) containers, store-and-move (SAM) containers, buses, heavy-duty trucks and their bodies, semitrailers, freight containers, mobile homes, recreational vehicles and trailers, and any other items or structures deemed by the Zoning Administrator to be substantially the same, and which are no longer in use for their designated purpose, are prohibited from being used as an accessory structure.
(3)
No home occupations shall be located in or conducted in accessory structures.
B.
Relationship to principal structure.
(1)
Accessory structures are not permissible without a principal structure.
(2)
Accessory buildings and uses shall be compatible with and incidental to the principal use of the property.
(3)
Accessory structures shall be entirely detached from the principal structure.
(4)
Decks, porches, gazebos, pergolas, and similar such structures as determined by the Zoning Administrator shall be considered part of the principal structure when determined by the Building Inspector to be attached to the principal structure.
(5)
Accessory structures attached to the principal structure by way of an attached accessory structure shall not be considered part of the principal structure for the purposes of this chapter.
(6)
Breezeways shall not constitute adequate construction to incorporate an accessory structure into the principal structure.
(7)
The accessory use or structure for residential uses shall be subordinate in area, extent, and purpose to the principal use or structure served.
(8)
The design and construction of any accessory building, such as garages and storage buildings, shall be similar to or compatible with the design and construction of the principal structure.
(9)
The storage of commercial and industrial items, materials, and vehicles is prohibited.
(10)
The storage of materials and vehicles not owned by the owner or occupant of the lot is prohibited.
C.
Garages.
(1)
In residential zoning districts, with the exception of multifamily developments, not more than one detached garage shall be located on a lot.
(2)
Garages, whether detached or attached, shall not exceed three stalls in width.
(3)
Attached garages shall not exceed the finished living area of the principal structure.
D.
Location.
(1)
Accessory structures shall comply with setbacks specified in the individual zoning district within which its host parcel, lot, or property is located.
(2)
Accessory structures are prohibited in the street yard.
(3)
Accessory structures in the R-1, R-2, and R-3 Districts shall not occupy more than 25% of the side and rear yard area.
(4)
No part of a roof overhang, eave, or other architectural accoutrement may extend more than 24 inches into any setback, other than specified in § 315-28, Modifications, of this chapter.
E.
Size and number. Unless specified differently in an approved PDD document, accessory structures shall comply with the following regulations:
(1)
The floor area of all detached garages and accessory structures, except transitory accessory structures, shall be counted toward the total maximum floor area allowable for such structures in the zoning district within which such structure(s) is located.
(2)
Two-family residential dwellings are allowed detached accessory structures per unit, provided they meet all the requirements and the provisions of this article.
(3)
Garages, whether detached or attached, shall not exceed three stalls in width.
(4)
Garages, whether detached or attached, shall not exceed 1,200 square feet.
(5)
Detached accessory structures shall not exceed 672 square feet.
§ 315-22 Temporary structures and uses.
A.
Intent. Temporary structures and uses are those that have the potential to create unwanted impacts on nearby properties if allowed to develop simply under the general requirements of this chapter. All temporary structures and uses are required to meet certain procedural requirements in addition to the general requirements of this chapter and the requirements of the zoning district in which the subject property is located.
B.
General regulations for temporary structures and uses.
(1)
Portable storage facilities are prohibited, other than as specifically allowable in Subsection B(2) below.
(2)
No permit is required for temporary buildings, trailers, and equipment necessary for construction purposes and for the temporary storage of building materials and equipment, for a period not to exceed the duration of such construction, provided a building permit has been issued for a permanent structure and that such temporary structures are not used for living purposes.
(3)
Temporary uses such as food sales, nursery and agricultural stock, carnivals, outdoor commercial events, and other uses deemed similar by the Zoning Administrator may be permitted in business zoning districts.
(4)
Temporary uses such as Christmas tree sales and real estate field offices may be permitted in business zoning districts.
C.
Permit required.
(1)
No temporary structure or use shall be established, developed, altered, constructed, moved, extended, enlarged, continued or changed without first obtaining a temporary structure/use permit.
(2)
Temporary uses. A temporary structure/use permit is required for all temporary uses.
(3)
Temporary structures. A temporary structure/use permit is required for all temporary structures to be erected for a period of 15 to 180 cumulative days during a calendar year, with the following exceptions:
(a)
No permit is required for temporary structures erected for a period of time not to exceed 14 days during a calendar year, so long as such structures comply fully with setback requirements in the zoning district within which said such structure(s) is located.
(b)
Any structure erected for a period of 181 or more cumulative days during a calendar year, or 362 or more cumulative days during any three-year period, shall comply in all respects with the requirements for a structure other than a temporary structure in the applicable zoning district.
D.
Application requirements. All applications for a temporary structure/use permit shall be submitted on a form provided by the Village along with the required application fee as established in the approved fee schedule.
(1)
Temporary structures. The following application requirements apply to temporary structures:
(a)
A description of the proposed structure, including all of the following:
[1]
The intended use of the proposed structure.
[2]
Type of structure and exterior building materials and colors.
[3]
Size of structure, including peak height and floor area.
[4]
Location of all entrances, as applicable.
[5]
Any additional information as may be required by the Zoning Administrator.
(b)
A site map/sketch of the subject property showing all of the following:
[1]
Location of the proposed temporary structure.
[2]
All lot dimensions of the subject property and applicable setbacks for the temporary structure.
[3]
The type, size, and location of all existing structures on-site with all building dimensions shown.
[4]
Distance from proposed temporary structure to existing structures, as applicable.
(2)
Temporary uses. The following application requirements apply to temporary uses:
(a)
Temporary uses with a requested duration of less than two weeks and which do not include temporary structures will include a site sketch showing the extent and location of the proposed use.
(b)
Temporary use with a requested duration of greater than two weeks or which include the use of temporary structures shall comply with the requirements of Subsection D(2)(a) above.
E.
Approval. Approval of a temporary structure/use permit shall be by the Zoning Administrator following review of a complete application and payment of the application fee.
F.
Compliance. Where a temporary structure or temporary use does not comply with the conditions of the permit, the temporary structure/use permit shall be revoked and the use shall be considered a violation of this chapter.
G.
Garage, yard and similar sales. Notwithstanding any provision contained herein to the contrary, garage sales, yard sales, or other similar sales shall not be allowed more than twice each calendar year and each sale shall not last more than 72 consecutive hours.
§ 315-23 Yards.
A.
General.
(1)
No street yard shall be used for open storage of registered boats, licensed vehicles, unlicensed vehicles, or any other equipment except for vehicular parking on driveways for a period to exceed 14 days.
(2)
All vehicles shall be parked on a hard-surfaced area in the street yard between 11:00 p.m. and 6:00 a.m.
B.
Setbacks. All required setback shall remain open and unobstructed, except for the following permitted obstructions:
(1)
Air-conditioning, heating, ventilation or other mechanical equipment, located only within rear or side yards and no closer than 1/2 the applicable setback to a side or rear property line.
(2)
Awnings, cornices, canopies, eaves, and other ornamental features, projecting not more than three feet into a yard.
(3)
Chimneys, fire escapes, uncovered stairs, ramps and necessary landings, and bay windows no closer than 1/2 the applicable setback to a side or rear property line.
(4)
Fences in compliance with the requirements for fences within this chapter.
(5)
Light fixtures, lampposts, flagpoles, and similar such structures.
(6)
Recreational playground equipment.
(7)
Walkways and steps not exceeding four feet in length.
(8)
Landscaping as not to infringe on the vision corner.
§ 315-24 Area regulations.
A.
Lot sizes shall comply with the required regulations of the established district.
B.
No lot existing at the time of passage of this chapter shall be reduced in size or area below the minimum requirements for the zoning district in which the lot is located.
C.
No building permit shall be issued for a lot that abuts on a half street.
D.
Each lot shall have frontage on a public street at a width satisfying the requirements specified for each zoning district. In the case of a condominium or planned unit development, the entire site shall be considered one zoning lot.
§ 315-25 Corner lots and through lots.
A.
On a corner lot, one of the lot lines that abut the street shall be considered a front lot line and the other shall be considered a corner side lot line. Establishment of the front lot line shall be based on orientation of the existing or proposed building, and the required setbacks shall be based on establishment of the front lot line.
B.
On a through lot, both lot lines that abut the street shall be considered front lot lines. The required front setback shall be provided and maintained along each front lot line.
§ 315-26 Vision corner.
Within the vision corner, the following clearances shall be observed:
A.
No obstructions shall be permitted except for landscape materials and fences as regulated by this chapter.
B.
No signs shall be permitted within the vision corner.
C.
Shrubs and other understory vegetation shall not exceed three feet in height and shall be largely see-through, defined as no more than 10% opacity.
D.
All new trees and existing deciduous trees shall be kept free of branches up to a height of at least eight feet above the ground or 60% of their overall height, whichever is less, so that trees located do not create a traffic hazard. Coniferous (evergreen) trees shall be avoided.
§ 315-27 Open space.
A.
Minimum required. No building shall be erected, structurally altered or relocated on a lot so as to reduce the landscaped open space of such lot to less than that hereinafter specified by the regulations for that zoning district.
B.
How measured. Open space shall consist of all permeable, landscaped areas that provide for the amenities and necessities of light, air, play space, drying yard, garden, lawns, etc., but shall not include parking areas and drives. Crop pasture and wooded land may be included in computing such open area.
C.
Overlapping. No part of the open space provided for any building shall be included as part of the open space required for another building, except as hereinafter provided for planned development projects.
§ 315-28 Modifications.
A.
General. The Zoning Administrator, in reviewing zoning permits, may grant modifications to the terms of this chapter as provided herein.
B.
Height. The height limitations set forth elsewhere in this chapter may be exceeded as follows:
(1)
Architectural projections such as spires, belfries, parapet walls, cupolas, domes, flues and chimneys are exempt from the height limitations of this chapter.
(2)
Chimneys; cooling towers; elevator bulkheads; fire towers; monuments; penthouses; stacks; scenery lofts; tanks; water towers; ornamental towers; spires; wireless, television or broadcasting towers; masts or aerials; telephone, telegraph and power poles and lines; microwave radio relay structures; and necessary mechanical appurtenances are hereby excepted from the height regulations of this chapter and may be erected in accordance with other regulations or ordinances of the Village.
(3)
Churches, schools, hospitals, mental health facilities, and other public and quasi-public buildings may be erected to a height not exceeding 60 feet, provided the front, side, and rear yards required in the district in which such building is to be located are each increased at least one foot for each foot of additional building height above the height limit otherwise established for the district in which such building is to be located.
(4)
Essential services are exempt from the height limitations of this chapter.
§ 315-29 Performance standards.
The following requirements and regulations shall apply to all zoning districts unless specifically stated otherwise. Determination of potential or actual noncompliance with such regulations shall be made by the Zoning Administrator. No use established on the effective date of this chapter shall be so altered or modified as to conflict with or further conflict with the performance standards established hereafter.
A.
No activity or operation shall be established or maintained which by reason of its nature or manner of operation will cause the emission of noise, odor, toxic or noxious fumes, smoke, dust and particulate matter in such concentrations as to be detrimental to or endanger the public health, welfare, comfort, and safety, or cause injury to property or business.
B.
Any lighting used to illuminate an off-street parking area or sign shall be arranged so as to deflect light away from any adjoining residential property or from the public streets. Direct or sky-reflected glare, whether from floodlights or from high-temperature processes, such as combustion or welding, shall not be directed into any adjoining property.
C.
All overhead lighting shall be downward directional to minimize sky-reflected glare and direct light away from adjoining properties.
D.
No activities involving the storage, utilization or manufacture of materials, goods or products which could decompose by detonation shall be permitted except such as are specifically licensed by the Village Board.
E.
No activity or operation shall cause earth vibrations perceptible beyond the limits of the lot upon which the operation is located.
F.
All fabrication, manufacturing, processing, or production shall be undertaken substantially within enclosed buildings.
G.
All waste material, debris, refuse, or garbage not disposed of through the sanitary sewerage system shall be kept in an enclosed building or properly contained in a closed container designed for such purpose.
H.
All waste material, debris, refuse, or garbage stored in outside refuse bins must be located behind the principal structure and screened from view by use of an enclosed building, solid screening, or opaque fencing material. Plastic or wooden slats through cyclone fencing shall not be deemed sufficient.
I.
All compost piles stored outside must be located behind the principal structure and contained within a freestanding enclosure constructed of concrete blocks, brick, wood, woven wire, or durable plastic.
J.
All compost piles shall be maintained so as not to cause unpleasant odors or attract animals and shall be no taller than five feet high and be no larger in volume than 125 cubic feet.
K.
No land shall be developed and no use shall be permitted that results in water runoff, flooding, or erosion on adjacent properties. Such runoff shall be properly channeled into a storm drain, watercourse, ponding area, or other public facilities.
L.
Animal boarding facilities, animal grooming facilities, animal hospitals, and veterinary clinics or offices shall be required to be soundproofed to ensure that the noise levels associated with the use do not interfere with the health, welfare, and safety of adjoining properties.
M.
Any access drive for a car wash shall be at least 30 feet from any public street intersection, measured from the interior curb line commencing at the intersection of the street. Water from the car wash shall not drain across any sidewalk or into a public right-of-way.
N.
Lock box system required.
(1)
Unless exempted by written order of the Chief of the Village of Denmark Fire Department, and in order to eliminate forced entries to structures and to avoid costly and time-consuming efforts in gaining access to locked structures during times of emergency, the following structures shall be equipped with a key lock box system at or near the main entrance or at any other such location which may be required by the Fire Chief or any other representative of the Fire Department.
(a)
All newly constructed commercial and industrial structures and places of assembly protected by an automatic fire alarm system or automatic suppression system or any such structure secured in a manner that restricts access during an emergency;
(b)
All newly constructed multifamily residential structures that have restricted access through locked doors and have a common corridor for access to the living quarters;
(c)
All newly constructed health care facilities; and
(d)
All existing structures undertaking additions, alterations or repairs which shall cause the same to conform with the then-current provisions of any of the building or property maintenance codes adopted by the Village.
(2)
All structures subject hereto shall be required to install a key lock box system prior to the issuance of any occupancy permit which shall then be functional at all times thereafter.
(3)
"Lock box" means a key lock box manufactured by the Knox® Company of Irvine, California, or any successor company which manufactures a compatible system.
(4)
The owner or operator of any structure subject hereto shall, at all times, keep a key in the lock box that will permit access to the structure.
(5)
The owner or operator of any structure hereto shall notify Fire Department of any changes to the key lock box system.
(6)
The Fire Chief shall be authorized to implement rules and regulations governing the use of any key lock box system.