In residential districts, every dwelling hereafter erected or structurally altered shall be located on a lot and there shall not be more than one principal building on one lot, except in a planned development or in the R-5 Multiple Dwelling Residential District where no more than two principal buildings shall be permitted on one lot as long as the buildings remain under single ownership.

(1981 Code, Art. IV, C) (Ord. passed 12- -1986; Am. Ord. 20-16, passed 5-18-2020)

   The following uses of land or buildings are allowed in the districts indicated in §§ 157.030 through 157.037, 157.050 through 157.055, 157.065 and 157.066:

   (A)   Uses established on the effective date of this chapter;

   (B)   Permitted uses as designated in §§ 157.030 through 157.037, 157.050 through 157.055, 157.065 and 157.066; and

   (C)   Special uses.

(1981 Code, Art. IV, D) (Ord. passed 12- -1986)

   (A)   No building or tract of land shall be devoted to any use other than one which is specified as a permitted or special use in §§ 157.030 through 157.037, 157.050 through 157.055, 157.065 and 157.066 in the zoning district in which the building or land is located.

   (B)   However, where a building permit for a building or structure has been issued in accordance with law prior to the effective date of this chapter and where construction has been begun within six months of the effective date and diligently prosecuted to completion, the building or structure may be completed in accordance with approved plans on the basis of which the building permit was issued; and further, may upon completion be occupied under a certificate of occupancy by the use originally designated, subject to the provisions of §§ 157.105 through 157.110.

(1981 Code, Art. IV, E) (Ord. passed 12- -1986)

   (A)   Substandard lot. No building or premises shall hereafter be used or occupied, and no building or structure, or part thereof, shall be erected, raised, moved, reconstructed, extended, enlarged or altered, except in conformity with the regulations herein specified for the district in which it is located. In residence districts, a parcel of land made up of one or more lots of record at the time of the original adoption of this section on December 15, 1986, even though the parcel does not meet the requirements of this chapter as to area or required lot width, may be used for single-family purposes, provided:

      (1)   That the use conforms with all other regulations of the district in which it is located; and

      (2)   That since December 15, 1986, the legal or beneficial interest in the parcel has not been held by any person who, at the same time, held legal title or had a beneficial interest in, directly or indirectly, any parcel continuous thereto unless the separation of the parcels did not result in any parcel which is less than the minimum area or yard requirements established by this chapter.

(1981 Code, Art. IV, F) (Ord. passed 12- -1986; Am. Ord. 04-05, passed 3-15-2004; Am. Ord. 04-16, passed 5-17-2004)

   Except in the case of planned developments, all new buildings shall conform to the bulk regulations established herein for the district in which each building is located. Further, no existing building shall be enlarged, reconstructed, structurally altered, converted or relocated in a manner as to conflict with the bulk regulations of this chapter for the district in which the building shall be located.

(1981 Code, Art. IV, G) (Ord. passed 12- -1986)

   (A)   (1)   Accessory uses shall be compatible with the principal use and shall not be established prior to the establishment of the principal use and shall not include the keeping, propagation or culture of poultry or livestock, whether or not for profit.

      (2)   Private swimming pools shall be permitted accessory uses in any residence district, provided they conform with the regulations of this chapter and other applicable ordinances of the village.

   (B)   No accessory building unless it is structurally a part of the principal building and unless it conforms with requirements of accessory buildings for special uses shall be erected or altered at, nor moved to a location within ten feet of the nearest wall of the principal building, or not less than five linear feet to any part of a structure on any adjacent lot or parcel, nor within the required area for front or side yard of the lot, as set forth for the district and in residence districts. An accessory building in a rear yard shall not be less than five feet from any property line, except where a driveway along the side lot line is not adjacent to a driveway on an adjoining lot, a detached garage need not be more than three feet from the side lot line, except on corner lots an accessory building shall be not nearer than the required depth of the front yard along the property line adjoining the street and on through lots, not less than the distance required for a front yard from the rear lot line abutting a street.

   (C)   No accessory building shall encroach upon that side yard of a corner lot which is adjacent to the street, nor upon that side yard of a reserved corner lot which is adjacent to the street, nor upon the rear yard of a through lot.

   (D)   No accessory building shall have more than one story, nor exceed 15 feet in height, or the height of the principal building, whichever is less, unless otherwise permitted as accessory to business and manufacturing uses or to authorized special uses.

   (E)   An accessory building having vehicular access from an alley shall not be less than five feet from the lot line abutting the alley.

(1981 Code, Art. IV, H) (Ord. passed 12- -1986; Am. Ord. 04-01, passed 1-5-2004; Am. Ord. 04-15, passed 5-17-2004) Penalty, see § 157.999

   (A)   To provide for the location of certain uses hereinafter specified which are deemed desirable for the public welfare within a given district or districts, but which might have an adverse effect upon nearby properties or upon the character and future development of the district in which they are located, a classification of special uses is hereby established. Procedures for special uses are set forth in § 157.224.

   (B)   (1)   Where a use exists on the effective date of this chapter and it is classified as a special use hereby, it shall be considered to be a lawful special use.

      (2)   Additions or alterations to existing buildings or land improvements for expansion of lawful special uses may be made within the area of the lot included in the ownership existing at the time of adoption of this chapter, and they shall be subject to yard, floor area ratio and building height requirements set forth in this chapter for permitted uses in the districts in which they are located.

   (C)   A special use granted by the village after July 18, 2022 (i) shall not run with title to the property; and (ii) shall not be transferrable. Special uses granted by the village before July 18, 2022 (i) shall only run with title to the property if the ordinance granting the special use provides that the special use runs with title to the property; and (ii) shall only be transferrable if the ordinance granting the special use provides that the special use is transferrable.

   (D)   A special use shall expire at the earlier of (i) the sale of the property, unless the ordinance granting the special use provides that the special use runs with title to the property; (ii) operation of the special use by a different person, unless the ordinance granting the special use provides that the special use is transferrable; or (iii) after commencement of the special use, discontinuance of the special use for a period of six consecutive months, regardless of any reservation of an intent not to resume such special use. Upon expiration, a special use shall not be reestablished or resumed unless the Village President and Board of Trustees, in its discretion, grants a new special use pursuant to, and in accordance with, § 157.224.

(1981 Code, Art. IV, I) (Ord. passed 12- -1986; Am. Ord. 22-39, passed 8-22-2022)

   (A)   For the purpose of this chapter, the following shall not be considered as obstructions when located in the yards indicated or as permitted in § 151.006.

      (1)   In any yards.

         (a)   Chimneys, overhanging roof eaves, open terraces, marquees or awnings adjoining the principal building; provided, they do not exceed 25% of the depth of the yard; ornamental light standards and flagpoles and trees and shrubs; and provided that, they do not block required sight lines from adjoining streets.

         (b)   No fence, wall or shrubbery shall exceed a maximum of two feet above the grade of the adjoining public right-of-way within the sight line triangle, which is defined as a triangular shaped portion of land established at street intersections within 25 feet of the intersection, in which nothing is erected, placed, planted or allowed to grow in a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection. The purpose of this requirement is to provide for visual clearance and traffic safety.

         (c)   An open fence, a wall, hedge or shrubbery may be located outside of the sight line triangle in a required front yard or corner side yard so long as the height thereof shall not exceed three feet above ground level adjacent thereto. It is intended that ornamental shrubbery, which is trimmed in a way that visibility over, around or through is not restricted will not be prohibited even though it exceeds three feet above grade level.

      (2)   In side yards. Open accessory off-street parking spaces, except in a side yards abutting a street.

      (3)   In rear yards. Private garages, open accessory off-street parking spaces, accessory tool rooms or other similar accessory buildings, recreational equipment, laundry-drying equipment; provide swimming pools, arbors and trellises, open or solid fences not exceeding six feet in height; provided that, nothing herein shall be construed to prohibit an open or solid fence exceeding six feet in height which is used to enclose the immediate area occupied and used as an electrical substation, tennis court, swimming pool, construction site or cemetery. Accessory buildings or structures may occupy not more than 30% of a rear yard.

   (B)   Any yard which adjoins a street shall be considered a front yard.

(1981 Code, Art. IV, J) (Ord. passed 12- -1986; Am. Ord. 87-28, passed 12-21-1987; Am. Ord. 98-22, passed 12-21-1998; Am. Ord. 21-36, passed 10-18-2021)

   (A)   The minimum yard space required for one structure shall not again be considered as yard space for another adjoining structure.

   (B)   No lot shall be reduced in area so that the yards or other open spaces become less than required by this chapter.

   (C)   On streets where a front yard setback has been maintained for buildings existing on lots or tracts having a frontage of 30% or more of the total frontage on one side of that portion of any street lying between two intersecting streets, or from an intersecting street and a corporate limits line, no new building or portion thereof shall project beyond a straight line drawn between the point closest to the street line of the residence upon either side of the proposed structure, or if there be residences, but this one side, then beyond the straight line projected from the front of the two nearest residences, but this regulation, shall not be interpreted to require a front yard of more than 125 feet, nor to permit a front yard of less depth than that of the nearest building. Where the street is curved, the line shall follow the curve of the street rather than to be a straight line.

   (D)   On a vacant through or corner lot, either of the lot lines abutting a street right-of-way line may be established as its front lot line, except that where two or more through lots are contiguous and a front lot line has been duly established, by the construction of a building on one of the lots, the same street lot line shall thereafter be deemed to be the front lot line of all contiguous lots. On a through lot, a front yard shall be provided along any lot line abutting a street.

(1981 Code, Art. IV, K) (Ord. passed 12- -1986)

   See Chapter 152 of this code of ordinances for provisions concerning the regulation of development and special flood hazard areas.

(1981 Code, Art. IV, L) (Ord. passed 12- -1986)

   A lot within a subdivision or planned development, or an individual lot not a part of an organized subdivision, shall be served by community or public sanitary sewer and water supply systems, except as otherwise specifically provided in this chapter. Any lot of record, when placed in use under the E classification may be served by individual sewage treatment and water supply which systems shall be designed and installed in accordance with applicable village, county and state regulations and standards.

(1981 Code, Art. IV, M) (Ord. passed 12- -1986)

   (A)   For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

      ANTIQUE VEHICLE. A motor vehicle that is more than 25 years of age or a bona fide replica thereof and which is driven on the highways only going to and returning from and antique auto show or exhibition, or for servicing or demonstration, or as firefighting vehicle more than 20 years old which is not used as firefighting equipment, but is used only for the purpose of exhibition or demonstration.

      BUS. Every motor vehicle designed for carrying more than ten passengers and used for the transportation of persons; and every motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation.

      CAMPER. A recreational motor vehicle of the Second Division converted or equipped and primarily used for living quarters or for human habitation, rather than for the transportation of freight, goods, wares and merchandise and not used as a commercial vehicle.

      CAMPING TRAILER. A trailer, not used commercially, constructed with partial side walls which fold for towing and unfold to provide temporary living quarters for recreational camping or travel use and of a size or weight not requiring an over-dimension permit when towed on a highway.

      COMMUTER VAN. A motor vehicle having a capacity of 12 to 15 persons owned or leased by a company or an employee organization and operated on a non-profit basis with the primary purpose of transporting employees of the company between the employees’ home and the company’s place of business or public transportation station and in which the operating, administrative, maintenance and reasonable depreciation costs are paid principally by the persons utilizing the van.

      EXPLOSIVES. Any chemical compound or mechanical mixture that is commonly used or intended for the purpose of producing an explosion and which contains any oxidizing and combustive units or other ingredients in such proportions, quantities or packing that an ignition by fire, by friction, by concussion, by percussion or by detonator of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructive effects on contiguous object or of destroying life or limbs.

      FLAMMABLE LIQUID. Any liquid which has a flash point of 70°F or less, as determined by a tagliabue or equivalent closed-cup test device.

      HOUSE CAR. A recreational motor vehicle of the First Division converted or equipped and primarily used for living quarters or for human habitation, rather than as a passenger car and not used as a commercial vehicle.

      HOUSE-TRAILER.

         (a)   A recreational trailer or semitrailer equipped and used for living quarters or for human habitation, temporarily or permanently, rather than for the transportation of freight, goods, wares and merchandise; or

         (b)   A house trailer or a semitrailer which is used commercially, temporarily or permanently, that is, for the advertising, sales, display or promotion of merchandise or services, or for any other commercial purpose, except the transportation of property for hire or the transportation of property for distribution by a private carrier.

      MOTOR HOME, MINI MOTOR HOME or VAN. A self- contained motor vehicle, not used commercially, designed or permanently converted to provide living quarters for recreational, camping or travel use, with direct walk through access to the living quarters form the driver’s seat.

      MOTOR VEHICLE. Every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained form overhead trolley wires, but not operated upon rails. For this chapter, MOTOR VEHICLES are divided into two divisions:

         (a)   FIRST DIVISION. Those motor vehicles which are designed for the carrying of not more than ten persons.

         (b)   SECOND DIVISION. Those motor vehicles which are designed for carrying more than ten persons, those designed for living quarter and those motor vehicles which are designed for pulling or carrying freight or cargo, and those motor vehicles of the First Division remodeled for use and used as motor vehicles of the Second Division.

      MULTI-PURPOSE PASSENGER VEHICLE. A passenger carrying vehicle which is constructed either on a truck chassis or with special features for occasional off-road operation.

      NON-COMMERCIAL VEHICLE. Any vehicle that is not a commercial vehicle.

      OWNER.  A person who holds legal title of a motor vehicle, or in the event a motor vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of the motor vehicle is entitled to possession, then the conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of this chapter.

      PARK or PARKING. Standing of a vehicle whether occupied or not, and whether with motor running or not, otherwise than when temporarily and actually engaged in loading or unloading merchandise or passengers.

      PASSENGER CARS. A motor vehicle of the First Division including a multipurpose passenger vehicle, that is designed for carrying not more than ten persons.

      POLE TRAILER. Every vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach or pole, or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregularly shaped loads such as poles, pipes or structural members capable, generally, of sustaining themselves as beams between the supporting connections.

      PRIVATE LIVING COACH. A recreational motor vehicle of the Second Division equipped and primarily used for living quarters, human habitation or for mobile living, rather than for the transportation of persons, with direct access to the living quarters from the driver’s seat and not used as a commercial vehicle.

      RECREATIONAL VEHICLE. Every vehicle originally designed or permanently converted

and primarily used for living quarters or for human habitation and not used as a commercial vehicle, including any house car, house trailer, camper or private living coach.

      ROAD TRACTOR. Every motor vehicle designed and used for drawing other vehicles and not so constructed as to carry any load thereon either independently or any part of the weight of a vehicle or load so drawn.

      SEMITRAILER. Every vehicle without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so construed that some part of its weight and that of its load rests upon or is carried by another vehicle.

      TOW TRUCK. Every truck designed or altered and equipped for and used to push, tow, carry or draw disabled vehicles by means of a crane, hoist, towbar, towline or auxiliary axle and to render assistance to disable vehicles.

      TRAILER.  Every vehicle without motive power in operation, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle.

      TRAVEL TRAILER.  A trailer, not used commercially, designed to provide living quarters, for recreational, camping or travel use and of a size or weight not requiring an over-dimension permit when towed on a highway.

      TRUCK.  Every motor vehicle designed, used or maintained primarily for the transportation of property.

      TRUCK CAMPER. A truck, not used commercially, when equipped with a portable unit designed to be loaded onto the bed which is construed to provide temporary living quarters for recreational, travel or camping use.

      TRUCK TRACTOR. Every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn.

      TRUCKSTER. Every motor vehicle or motorcycle with three wheels designed, used or maintained primarily for the transportation of property.

      VEHICLE.  Every device, in, upon or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power, devices used exclusively upon stationary rails or tracks and snowmobiles as defined in the Snowmobile Registration and Safety Act.

   (B)   (1)   Prohibited parking.

         (a)   Parking of any of the following designated vehicles upon any lot in residential district is prohibited:

            1.   Buses;

            2.   Commercial vehicles, over three-fourths ton capacity;

            3.   Commuter vans;

            4.   Pole trailers;

            5.   Road tractors;

            6.   Tow trucks; and

            7.   Truck tractors.

         (b)   Notwithstanding the foregoing, within the R-3 district, no more than one of the following vehicles may be parked on any lot:

            1.   Commercial vehicles, up to and including one ton capacity;

            2.   Tow-trucks; and

            3.   Truck tractors.

      (2)   Restricted parking.

         (a)   Parking of any of the following vehicles upon any lot in a residential district is permitted, provided:

            1.   No more than two vehicles are parked on any one lot within the district; and

            2.   No portion of the vehicle shall extend closer than 15 feet from the nearest edge of pavement of any street or three feet from the nearest edge of any public sidewalk, whichever is furthest from the street line:

               a.   Antique vehicles;

               b.   Camping trailers;

               c.   Commercial vehicles, including and under three-fourths ton capacity;

               d.   House cars;

               e.   House trailers;

               f.   Motor home, mini motor homes and van campers;

               g.   Private living coaches;

               h.   Recreational vehicles;

               i.   Semi trailers;

               j.   Travel trailers;

               k.   Truck campers;

               l.   Trailers.

         (b)   The following language shall not be construed to permit parking of any commercial vehicle in a residential district, except as set forth above.

      (3)   Living use. The use of a recreational vehicle, commuter van, bus, semitrailer, private living coach, house car or camper as an accessory building or for human habitation upon any lot is prohibited, except where permitted as a special use.

      (4)   Permitted parking limited. The parking of more than four permitted motor vehicles on any lot outside of a garage of similar enclosure is prohibited.

      (5)   Front yard parking. Parking in the required front yard of any lot shall be limited to an area prepared with an impervious surface or graded crushed stone with a width no greater than 30% of the lot width at the front building line. This provision in no way supercedes any other section of the municipal code or building code with regard to required driveways and where there is a conflict the more restrictive ordinance applies.

      (6)   Explosive. Notwithstanding anything herein to the contrary, the storage of explosives within or upon any vehicle for which parking is permitted under division (B)(2) above is strictly prohibited.

(1981 Code, Art. IV, N) (Ord. passed 12- -1986; Am. Ord. 87-28, passed 12-21-1987) Penalty, see § 157.999

   (A)   Purpose. The purpose hereof is to regulate the height of strictures in order to maintain the character and scale of the predominant single-family residential development in the village.

   (B)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

      PROTECTED RESIDENTIAL PROPERTY. Any property within the village that meets all of the following requirements:

         (a)   The property is zoned E, R-1, R-2, R-3, R-4 or R-5, and the property may or may not also have a planned unit development (PUD) overlay classification; or

         (b)   The property is used or subdivided for use as residential.

      STRICTURE HEIGHT.

         (a)   The height of towers shall be determined by measuring the vertical distance from the tower’s point of contact with the ground or rooftop to the highest point of the tower, including all antennas or other attachments.

         (b)   When towers are mounted upon other structures, the combined height of the stricture and tower must meet the height restrictions of the applicable section of this chapter.

   (C)   Tower height limitations.

      (1)   In all protected residential property, the maximum height of any tower, including all antennas and other attachments, shall be 30 feet.

      (2)   In all residential zoning districts other than protected residential property, the maximum height of any tower, including all antennas and other attachments, shall not exceed one foot for each four feet the tower is setback from protected residential property up to a maximum height of 150 feet.

      (3)   In all non-residential zoning districts, the maximum height of any tower, including all antennas and other attachments, shall not exceed one foot for each two feet the tower is setback from protected residential property up to a maximum height of 150 feet.

   (D)   Applicability. The requirements of section shall apply to all structures and developments otherwise permitted under this chapter, except:

      (1)   Planned developments, when approved as a part of a preliminary and final development plan pursuant hereto;

      (2)   Public utility structures, including, but not limited to water towers, antennas, lights and signals, power and telephone poles and poles supporting emergency warning devices;

      (3)   Church sanctuaries, steeples and bell towers;

      (4)   Multi-user towers may exceed the height limitations of this section by up to 20 feet; and

      (5)   In accordance with the Federal Communications Commission’s preemptive ruling PRB 1, towers erected for the primary purpose of supporting amateur radio antennas may exceed 40 feet in height provided that a determination is made by the Building Inspector that the proposed tower height is technically necessary to successfully engage in amateur radio communications. All towers in excess of 40 feet must be self supporting.

   (E)   Noncompliance. Noncompliance of characteristics of structures and site development created by the application of this section shall not in any manner limit the legal use of the property, nor in any manner limit the repair, maintenance or reconstruction of a non complying characteristic or feature; however, in no instance, shall the degree of noncompliance be increased, except as otherwise permitted by this chapter.

(1981 Code, Art. IV, O) (Ord. passed 12- -1986)