The regulations and standards set by this title within each district shall be minimum regulations and standards and shall apply uniformly to each class, kind, or type of structure, use, or land except as provided in this chapter. (Ord. 158, 6-15-1978)

   A.   No structure or land shall hereafter be used or occupied and no structure or part thereof shall hereafter be constructed, erected, altered, remodeled, extended, or moved unless in conformity with all the regulations and standards herein specified for the district in which it shall be located.

   B.   No structure shall hereafter be constructed, erected, altered, remodeled, extended, or moved:

      1.   To exceed the height;

      2.   To occupy or house a greater number of families;

      3.   To occupy a greater percentage of the lot area;

      4.   To exceed the density;

      5.   To have smaller or less habitable floor area per dwelling unit or lodging unit;

      6.   To exceed the maximum floor area;

than hereinafter required or in any manner contrary to the regulations and standards of the district in which it is located.

   C.   No part of a yard, buffer strip, or other open space, off street parking space or loading berth, or lot area required about or in connection with any structure or use for the purpose of complying with the regulations and standards of this title shall be included as part of a yard, buffer strip, or other open space, off street parking space or loading berth, or lot area similarly required for any other structure or use, except as provided herein.

   D.   No yard, buffer strip, or other open space, off street parking space or loading berth, or lot existing on the effective date hereof shall be reduced in dimension or area below the requirements set forth herein. Yards, buffer strips, or other open spaces, off street parking spaces or loading berths, or lots created or established after the effective date hereof shall meet at least the minimum requirements established by this title. (Ord. 158, 6-15-1978)

Nothing in this title shall be deemed to require any change in the plans, construction, or designated use of any structure existing or upon which construction was lawfully begun prior to the effective date hereof; provided, that such structure shall be completed within one calendar year from the effective date hereof. Any structure existing prior to the effective date hereof may be converted to any use permitted by the zoning district in which such structure is located. (Ord. 158, 6-15-1978)

No accessory use shall be established prior to the establishment of the main or principal use, and no accessory structure shall be constructed, erected, altered, remodeled, extended, or moved prior to the establishment of construction of the main or principal structure except those accessory uses and structures of a temporary nature required for the establishment of the main or principal use, or for the construction of the main or principal structure. (Ord. 158, 6-15-1978)

No structure shall be constructed or erected on a lot or tract of land, or moved to a lot or tract of land, which does not abut a public street with right of way at least sixty feet (60') in width unless said street, on the effective date hereof, had a lesser width. (Ord. 158, 6-15-1978)

   A.   The height of any main or principal structure or accessory building may exceed the maximum permitted height by one foot (1') for each additional foot by which the width of each yard exceeds the minimum yard dimension for the district in which such structure is located. (Ord. 158, 6-15-1978)

   B.   Unless height regulations or standards are imposed by other provisions of this title, height regulations and standards shall not apply to spires, belfries, penthouses, or domes not used for human occupancy nor to chimneys, ventilators, skylights, water tanks, bulkheads, utility poles and towers, silos, grain elevators and other necessary mechanical appurtenances, provided their location shall conform, where applicable, to the regulations and standards of the federal communications commission, the civil aeronautics administration, and other public authorities having jurisdiction. (Ord. 570, 3-23-2006)

Lots hereafter platted or created shall have adequate lot area, width and depth to provide for required off street parking spaces and loading berths, yards, buffer strips, and open spaces. (Ord. 158, 6-15-1978)

No lot hereafter platted or created shall be less than one hundred feet (100') in depth. (Ord. 158, 6-15-1978)

The following yard regulations and standards shall apply to all lots or tracts of land on which a structure is located:

   A.   Unobstructed Yards Generally: Yards shall be kept unobstructed for their entire depth except as specified in this section.

   B.   Permitted Obstructions: Private driveways, service drives, easements, sidewalks, flagpoles, arbors, trellises, fences, walls, columns, light poles, hydrants, patios, accessory signs, and other decorative recreational and utility devices and equipment may be placed in any yard.

   C.   Visibility Regulations; Fences, Walls And Hedges: Notwithstanding any other provisions of this title, the following visibility regulations and standards shall apply: (Ord. 158, 6-15-1978)

      1.   Interior lot fences, walls, and/or hedges may be placed in any yard or along the edge of any yard; provided, that no fence, wall, or hedge, except in the case of a junkyard, shall exceed the height of six feet (6'). (Ord. 452, 8-10-2000)

      2.   On a corner lot, nothing shall be constructed, erected, placed, planted, or allowed to grow in such a manner as materially to impede vision between a height of two and one-half feet (21/2') above the centerline grades of the intersecting streets in a triangular area bounded by the right of way lines of such corner lot and a line joining points along the right of way lines fifty feet (50') from the point of intersection of the right of way lines. In all other areas, subsection C1 of this section shall apply.

      3.   Any scrap, junk, salvage, reclamation or similar yard, or any auto salvage yard shall provide a solid fence or wall on all setback lines with only such openings as are necessary for ingress or egress. Said fence or wall shall be maintained in a neat and orderly appearance and shall be of such height that any materials stored within the confines of the fence cannot be seen above a line of sight established between a point four and one-half feet (41/2') above the centerline of the street nearest to that fence and the top of said fence.

      4.   Privacy fences and screenings may be placed in back yards between the setback lines and the structure, provided the height of eight feet (8') is not exceeded. (Ord. 158, 6-15-1978)

Except as permitted under the provisions of section 9-3B-6 of this title, no occupied trailer coach shall be permitted on any lot or tract of land outside of a trailer coach park except the trailer coach of a bona fide guest of the occupant of a dwelling located on such a lot or tract of land. Such temporary location of a trailer coach shall not exceed thirty (30) consecutive days and two (2) such thirty (30) day periods within one calendar year. (Ord. 158, 6-15-1978)

   A.   Definition: A "home occupation" shall be defined as a gainful occupation or profession conducted entirely within a dwelling, or conducted in connection with a dwelling, and carried on by the residents therein, provided such occupation or profession is clearly incidental and secondary to the use of the dwelling for residential living purposes, and no persons other than those using the premises for residential living purposes are engaged in the conduct of the home occupation. (Ord. 158, 6-15-1978; amd. 2012 Code)

   B.   Regulations:

      1.   Not more than twenty five percent (25%) of the floor area of one floor of the dwelling unit shall be used in the conduct of the home occupation.

      2.   There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation.

      3.   No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or which causes fluctuations in line voltage off the premises.

      4.   No article shall be sold or offered for sale except such as may be produced by members of the immediate family residing on the premises.

      5.   No home occupation shall be conducted in any accessory building.

      6.   No home occupation shall be conducted without a permit issued by the village board of trustees. (Ord. 158, 6-15-1978)

   A.   Permit Required: No person shall install a fence in the village without first obtaining a fence permit and complying in all respects with the terms and conditions of the permit and of this section. A fence permit shall be valid only for the term of issuance, unless sooner suspended or revoked. A fence permit is not required for painting, maintenance, or repair of a fence.

      1.   Permit Application: A fence permit application shall be filed with the zoning officer, consisting of the following:

         a.   A written application for a fence permit and payment of full permit fee, which shall be twenty five dollars ($25.00).

         b.   A drawing, site plan or plat map displaying property boundaries, the location of the buildings and structures on the property, the proposed location of the fence and the distances from the proposed fence to the existing structures on the property.

         c.   If the fence is proposed to be installed on rented or leased property, the written consent of all of the owner(s) of the property.

         d.   Other information as may be required by the village to assist in the review of the application.

      2.   Application Review And Approval Required, Permit Issuance: The zoning officer shall review, approve and issue the fence permit provided that the application is in compliance with this section and the standards of this section for the fence to be installed have been met. The fence permit may contain reasonable conditions stated in the permit.

      3.   Completion Of Installation: A fence authorized by a fence permit shall be fully installed in accordance with this section and permit conditions, and within one hundred eighty (180) days of the date of permit issuance. A fence permit shall expire one hundred eighty (180) days after the date of issuance. After a fence permit expires, no work requiring such a permit shall be commenced, resumed or undertaken until a new permit is issued or the original permit is extended.

The permit applicant may file a written request for an extension of the fence permit, stating the reason for the request, for up to one hundred eighty (180) additional days to complete the fence installation. The zoning officer, in administering this code, shall grant the request if the applicant demonstrates that unusual conditions have prevented the timely completion of the installation of the fence.

      4.   Responsibility Of Applicant: The applicant is solely responsible for installing the fence:

         a.   Within the boundaries of the applicant's property named in the fence permit application and determined by the drawing, site plan or plat map, in compliance with this section and the permit, including, but not limited to, proper materials, height, and setback requirements.

         b.   In compliance with any subdivision covenants or restrictions, deed restrictions, utility easement restrictions, land use restrictions of record, including applicable plan review and approval, or waiver requirements.

         c.   In a manner as will not obstruct stormwater drainage, violate a village approved stormwater plan, or unreasonably divert stormwater onto the property of another.

   B.   Fence Installation And Requirements: No fence shall be installed, except in strict compliance with this section, site specific permit conditions, and the following requirements:

      1.   Structural and support components of a fence shall face away from adjacent properties and public rights of way.

      2.   Fences shall be installed with the finished side facing the adjacent property or public right of way, and the fence posts must be located on the inside of the fence facing the property on which the fence is located.

      3.   Fences shall be installed plumb and the top finish of the fence shall be uniform. Fences shall follow the contour of the ground to the extent practical. Adjustments for grade shall occur at the bottom of the fence.

      4.   The height of the fence shall be controlled by the applicable provisions of the zoning ordinance for the district in which the fence will be located. Fence height shall be measured from the surface of the ground immediately below the fence. A front yard fence cannot exceed four feet (4') in height, regardless of which district it is located within.

      5.   The project site shall be marked by JULIE before digging holes for fence installation.

      6.   The height of walls and fences shall be measured vertically from the finished grade on the exterior side of the fence. Raising the finished grade by placing fill is prohibited. If a fence is placed on a berm, the berm shall be included in the height of the fence and the height shall be measured vertically from the base of the berm, unless said fence is approved in conjunction with a variance granted by the zoning board of appeals.

      7.   All fences shall be no closer than two feet (2') to the public sidewalk and no closer than two feet (2') to any public right of way.

   C.   Obstruction Of Ingress/Egress Area Of A Dwelling: No fence shall be installed in any yard that will obstruct the view of any window or opening in a habitable space of a dwelling. A minimum distance of three feet (3') shall be maintained between any solid fence and any such window or opening in a dwelling.

   D.   Approved Fence Materials: All fences shall meet the following material requirements:

      1.   Fences to be situated in side and/or rear yards shall be constructed using materials suitable for residential style fencing, including, but not limited to, brick, fieldstone, wrought iron, vinyl, chainlink (with a minimum thickness of 9-gauge and a required top rail support), stockade or board on board wood.

      2.   No fence shall be constructed of used or discarded materials in disrepair, including, but not limited to, pallets, tree trunks, trash, tires, junk, or other similar items.

      3.   Agricultural/farm fences shall only be permitted in agriculturally zoned or used districts and shall not exceed six feet (6') in height.

      4.   Residential front yard fences shall be fifty percent (50%) open (see through) and be of split rail, wrought iron or picket design. Chainlink fencing is not permitted in residential front yards.

      5.   Residential side yard fences on corner lots shall be of split rail, wrought iron, picket design, or decorative wood design. Chainlink and stockade style fences are not permitted in residential side yards on corner lots.

   E.   Fence Maintenance: Fences shall be maintained in a manner as to prevent rust, corrosion and deterioration, so as not to become a public or private nuisance, and so as not to be dilapidated or a danger to adjoining property owners or the public. Fences shall not be in a state of disrepair. Every fence installed shall be maintained by the owner in such a way that it will remain plumb and in good repair.

   F.   Prohibitions: No person shall install:

      1.   An electric or razor wire fence.

      2.   Barbed wire may not be installed on fences, except that barbed wire may be installed above the top line of a six foot (6') fence located in a Nonresidential Zoning District and enclosing a storage area. Barbs on chainlink fences are not allowed on any exposed portion of the fences below six feet (6').

      3.   Any wire or chainlink type fence with the cut or salvage end of the fence exposed at the top.

      4.   A fence which creates a hazard to users of the street, sidewalk or to nearby property.

      5.   A fence composed solely of fence posts.

      6.   An incomplete fence, consisting only of posts and supporting members.

   G.   Enforcement:

      1.   It shall be a violation of this section to erect or maintain a fence that does not comply with the requirements of this section.

      2.   Any person or entity believing a fence violates this section may file a complaint with the Zoning Officer that details the location of the fence, identifies the property owner(s), if known, and describes the provision(s) of this section with which it is not compliant.

      3.   The Zoning Officer, or another Village employee designated by the President, shall verify the complaint's allegations. The Zoning Officer, or another Village employee designated by the President, shall have the authority to investigate compliance with this section if they have reason to suspect a violation, regardless of whether a complaint has been filed. If a violation is confirmed, the Zoning Officer, or another Village employee designated by the President, shall cause a notice of noncompliance to be served upon the property owner on which the fence is located.

      4.   An owner shall remedy any violations within sixty (60) days' receipt of the notice of noncompliance. Any owner who fails to remedy any violation within sixty (60) days shall be subject to a one hundred dollar ($100.00) fine beginning on the sixty first day following receipt of the notice, and an additional one hundred dollar ($100.00) fine every thirty (30) days thereafter, until such time as all violations stated in the notice are remedied and approved of by the Zoning Officer or another Village employee designated by the President, who shall not unreasonably withhold approval.

   H.   Applicability: Fences existing upon passage of this section shall be grandfathered and protected from the application of this section's requirements unless they are hereafter significantly modified. Additionally, if a nonconforming structure is destroyed, replaced, or changed by any means to an extent of more than fifty percent (50%) of its replacement cost at the time, it shall not be reconstructed except in conformity with the provisions of this section. (Ord. 710, 10-25-2012)

   A.   Definitions:

    BERM: A mound of soil, either natural or man-made, used to screen and visually separate in part or entirely, one area, site or property from the view of another area.

   GARDEN WALL: An opaque masonry wall delineating a private area.

   PRIVACY FENCE: An opaque fence made of vinyl. Privacy fences shall not enclose front yards.

   B.   Screening: Screening shall be designed, planted, or constructed and maintained anywhere within a green space in accordance with the following general guidelines:

      1.   A thirty foot (30') rear green space ("green space") and twenty foot (20') side green space and permanent screening during all seasons shall be required for industrial or commercial use property adjoining an R-1 District or an R-2 District.

      2.   No screening shall interfere with sight requirements for safe ingress and egress or otherwise interfere with sight lines for traffic.

      3.   Any screening proposed within an existing underground or overhead utility easement or a drainage easement shall be coordinated with the affected utility.

      4.   No parking area, storage area, storage building, trash receptacle, driveway, vehicle turn-around, building or accessory construction, or other above-ground improvements may be placed or permitted within the green space.

      5.   The following screening types shall be used for the side and rear green space:

         a.   A dense compact screen of plantings ("plantings") to attain the dimensions specified in this chapter within a two (2) year time span; and

         b.   Either:

            (1)   A privacy fence or garden wall at least six feet (6') in height, with zero percent (0%) open. Chain link style fences shall not be used; or

            (2)   A ground contoured earthen berm. Berms shall have a side slope not more than four feet (4') horizontal distance for each one foot (1') of vertical distance and not less than three feet (3') horizontal distance for each one foot (1') of vertical distance with a minimum top width of four feet (4'). The berm shall be landscaped with grass or other plantings.

      6.   All types of screening shall be six feet (6') in height.

      7.   If a combination of plantings and a berm is used, the plantings may, but are not required to be, on top of the berm, and each shall be at least six feet (6') in height.

      8.   If a combination of plantings and privacy fence or garden wall is to be used, the plantings shall be placed on the outside perimeter of the fencing.

      9.   A plan specifying dimensions, locations, and types of screening shall be supplied at the time a building permit is applied for.

      10.   Screening shall be in place prior to occupancy of the property.

      11.   Developments proposing a garden wall within a required green space, may be allowed a fifty percent (50%) reduction in the required green space as part of the Zoning Officer's review of the application for building permit. Such request shall be submitted in writing by the owner or owner's agent with the application for building permit and shall include provisions by the owner for maintenance of the green space and the garden wall.

   C.   Maintenance:

      1.   All fences, walls, berms, plantings, and other barriers shall be maintained in good repair, meaning structurally sound and attractive in appearance. All fences, required or otherwise, shall have the finished face directed toward residential property, where a residential property is adjacent to or across from the subject site.

      2.   In the event that any planting is damaged, it shall be replaced within one year or one growing season, whichever is sooner.

      3.   In the event that any berm is damaged, it shall be repaired within sixty (60) days weather permitting.

      4.   In the event any fence/garden wall is damaged, it shall be repaired within sixty (60) days weather permitting.

   D.   Dense Compact Plantings - Minimum Plant Material Size: All required plantings shall, at the time of planting be of the following minimum size. Trunk caliper shall be measured two feet (2') above the ground:

      1.   Shade trees: Trunk caliper (diameter) of two and one-half inches (21/2").

      2.   Evergreen trees: Six feet (6') in height.

      3.   Intermediate trees:

         a.   Single stem varieties shall have a trunk caliper (diameter) of one and one-half inches (11/2").

         b.   Multi-stem varieties shall have a minimum height of six feet (6').

      4.   Shrubs (all): Two feet (2') in height or spread.

   The following trees may not be used in meeting any of the requirements of this chapter.

         Ailanthus (tree of heaven).

         All fruit trees.

         Ash trees.

         Black locust.

         Box elder.

         Elm trees.

         European mountain ash.

         European white birch.

         Mulberry.

         Poplar.

         Purple-leaf plum.

         Russian olive.

         Siberian elm.

         Silver maple.

         Willow.

      Any plant that is exceptionally invasive and/or harmful to native ecosystems and all plants specifically listed on the Illinois Banned Species List. (Ord. 813, 2-21-2019)