The uses of land, buildings and other structures permitted in each district are determined by the list of permitted uses for such district. In addition to such listed permitted uses, it is customary to allow certain accessory uses and home occupations. This article generally defines the types of accessory uses and home occupations which will be allowed and gives certain specific examples.

(Ord. No. 5579, § 4, 9-18-2012)

Accessory uses are permitted in any district in connection with any use which is permitted within such district. An accessory use is a building, structure or use which:

(1)

Is subordinate to and serves a principal building or principal use;

(2)

Is subordinate in area, extent and purpose to the principal building or principal use served;

(3)

Contributes to the comfort, convenience or necessity of occupants in the principal building or principal use served; and

(4)

Is located on a lot directly adjacent to or on the same lot as the principal building or principal use served.

(Ord. No. 5579, § 4, 9-18-2012)

(a)

Any of the following buildings, structures or uses may be an accessory use, provided that such buildings, structure or uses fit the general definition of the term "accessory use" as set forth in section 98-212 and comply with the bulk regulations set forth in section 98-214:

(1)

Barbecue equipment.

(2)

Fallout shelters, provided that such shelters shall not be used for other principal or accessory uses not permitted in the district.

(3)

Gazebos.

(4)

Green houses.

(5)

Outdoor kitchens.

(6)

Pavilions.

(7)

Pergolas.

(8)

Private utility infrastructure including air conditioning condensers, electric generators, vehicle charging equipment, water tanks, above ground fuel tanks, solar panels, and other similar devices.

(9)

Silos.

(10)

Storage tanks, except as otherwise prohibited per code.

(11)

Sunrooms, three-season rooms, and screen houses.

(12)

A building used primarily for religious worship may have accessory uses on the same lot as other buildings or uses owned or operated by the religious institution, including rectories, parsonages, offices, convents, schools, lunchrooms and recreation facilities; provided, however, that no industrial or manufacturing use shall be permitted as an accessory use.

(b)

Any of the following buildings, structures, or uses may be an accessory use, provided that such buildings, structures, or uses fit the general definition of the term "accessory use" as set forth in section 98-212 and comply with the bulk regulations set forth in section 98-214, except as otherwise provided in accordance with the following conditions:

(1)

Pet runs. For the purposes of this subsection, the term "pet run" means a designated area for the exercise and relief of dogs, cats or other animals legally owned by the residents of such dwelling. Nothing contained in this subsection shall prohibit a pet owner from allowing pets on his property, provided, such property occupied by such pets complies with all other applicable Village ordinances.

a.

Construction.

1.

Pet runs shall be enclosed with a fence or other enclosure approved by the building and health departments. Pet runs shall be constructed so as to permit proper filtering and/or drainage.

2.

Pet runs may be surfaced with:

i.

Grass;

ii.

In whole or in part, concrete or other impervious material, the surface of which must pitch to the perimeter where a filtration bed consisting of eight inches of crushed limestone and sand, covered with a four-inch layer of gravel, has been installed; and/or

iii.

In whole or in part, an eight-inch layer of crushed limestone and sand, covered by a four-inch layer of gravel.

The area must be properly confined to prevent a washout of the gravel, limestone and sand.

3.

Pet runs may not be constructed or surfaced with any absorbent material which may cause nuisance odors or the inability to maintain the area in a sanitary condition.

4.

Pet runs shall comply with all other applicable Village ordinances.

b.

Location. Pet runs shall be a minimum of ten feet from any property line, and shall not be located in any front yard or side yard abutting a street.

c.

Size. If the pet run is surfaced with an impervious material, the construction thereof must comply with section 98-101(b)(3).

d.

Sanitation. The pet runs must be cleaned at least daily or more often as necessary to prevent odors or other nuisances.

e.

Existing pet runs. If a pet run which exists as of the effective date of the ordinance from which this article is derived (November 17, 1992) is found to be in violation of subsection (b)(1)a.1., (b)(1)a.2., (b)(1)b. or (b)(1)c., the owner or person in charge of the property shall have one year to bring the pet run into compliance with all applicable Village ordinances. The pet run shall be subject to all other subsections of this section.

(2)

Fences.

a.

Permit required. A building permit shall be required in conjunction with any new fence, or replacement of greater than 50 percent of the total lineal feet of an existing fence, or a series of modifications or replacements totaling greater than 50 percent of the total lineal footage of an existing fence within a 24-month period.

b.

Orientation and number allowed. There shall be only one perimeter fence allowed per lot, and the finished side of any fence shall face the adjacent properties and/or streets/rights-of-way. Board-on-board type fencing shall be considered as finished on both sides.

c.

Height regulations generally. Except as set forth in subsections (b)(2)e. and (b)(2)f., fence heights shall be governed by the following:

1.

Maximum height.

i.

New fences or fence modifications requiring a building permit:

• Residentially zoned districts, seven feet.

• Commercial or industrial districts, eight feet.

ii.

Nonfront yard fences existing September 31, 1999:

• Residentially zoned districts, eight feet.

• Commercial or industrial districts, eight feet.

2.

Total height. Notwithstanding the maximum heights as set forth in subsection (b)(2)c.1. or any exception set forth in this subsection (b)(2), all sections of fence, excluding the post, on any lot may have a total height that shall not exceed three inches above the prescribed maximum fence height, provided, the height of any fence section, excluding the post, shall also not exceed the space between the bottom of a section of fence and the ground beneath it, which space shall not exceed three inches, and a fence post may extend no more than a maximum of three inches above the section of fence.

d.

Wood fencing. Wood fencing in all yards shall consist of wood boards commonly used in fence construction, and the posts shall be approximately four inches by four inches. Plywood and two-inch by four-inch construction are prohibited.

e.

Fences in front or side yards abutting streets or other public rights-of-way in residential districts. Fences in front or side yards abutting streets or other public rights-of-way in residential districts shall comply with the following:

1.

The maximum height shall be four feet.

2.

The fence shall be at least 50 percent open.

3.

Acceptable materials of construction shall include wood, wrought iron, aluminum faux wrought iron, or faux wood.

4.

Notwithstanding subsections (b)(2)e.1. and (b)(2)e.2., the fence, or portion thereof, located in the 20 percent of the required side yard closest to the house abutting the street on a corner lot may be a five-foot high, solid fence.

f.

Fences in rear yards abutting streets or other public rights-of-way in residential districts, excluding alleys. Fences in rear yards abutting streets or other public rights-of-way in residential districts, excluding alleys, shall comply with the following, except when a rear yard on a through lot abuts a front yard of a lot fronting on the opposite side of a right-of-way, the fence shall be constructed in accordance with subsection (b)(2)e.:

1.

The maximum height shall be seven feet.

2.

The fence may be solid.

3.

Acceptable materials of construction shall include wood, wrought iron, aluminum faux wrought iron, or faux wood.

4.

Setback for such fences shall be as follows:

i.

A minimum setback of two feet from the property line shall be maintained adjacent to public rights-of-way, and screening along the fence shall be provided in accordance with the following:

• Bushes or other forms of plantings which retain their foliage on a year-round basis shall be used, and shall have a minimum height of three feet. Acceptable plantings shall be confirmed through the permit review process.

• Screening material shall be spaced ten feet on center along the entire length of the fence.

ii.

An escrow in the amount of 110 percent of the cost of the required plantings shall be required at the time the permit is issued for the fence to ensure that the screening is provided.

g.

Nonconformities. All conforming fences existing as of the effective date of the ordinance from which this section is derived (September 21, 1999) shall be considered legal nonconforming, except:

1.

Residential fences over eight feet in height.

2.

Fences constructed with plywood, two-by-fours, or wood board not commonly found in fence construction.

h.

Waiver of fees. Any fees for variance requests of existing fencing shall be waived for a 12-month period commencing upon the effective date of the ordinance from which this section is derived.

i.

Craftsmanship. All fences shall be constructed, repaired, and maintained in a workmanlike manner.

(3)

Perimeter walls constructed in a workmanlike manner of masonry or stone provided that the maximum height shall not exceed seven feet and subject to the following setbacks:

a.

Perimeter walls which are attached to a principal structure shall not be permitted within any required yard.

b.

Freestanding perimeter walls shall not be permitted within a front yard or side yard abutting a street, but shall be permitted in a required rear yard or interior side yard.

(4)

A treehouse structure, except in front yards or side yards abutting a street, subject to the following requirements:

a.

The area of the treehouse shall not exceed 100 square feet.

b.

The total height of any portion of the structure shall not exceed 20 feet from grade to the top of structure, and the lowest platform of the structure shall not exceed the lower one-third of the height of the tree on which it is mounted.

c.

A minimum setback of ten feet is required from any property line.

d.

Any treehouse constructed before the effective date of the ordinance from which this section is derived shall be considered a nonconforming structure.

(5)

A child's playhouse and/or playground equipment, except in front yards or side yards abutting a street, subject to the following requirements:

a.

The area of the playhouse or the roofed-over portion of the recreational equipment shall not exceed 100 square feet.

b.

The total height of any portion of the structure shall not exceed 12 feet.

c.

A minimum setback of five feet is required from any property line measured from any projecting use, including the arc of a swing or other movable portion of the playhouse and/or playground equipment.

(6)

Private attached or detached garages or carports, or any combination thereof, subject to the following requirements:

a.

Measurement. Cumulative capacity of garages and carports upon a lot shall be determined first by the number and width of garage doors serving any attached garage and subsequently by the internal dimensions of any detached garage or carport.

b.

Capacities. The cumulative maximum capacity of all garages and carports upon a lot, including both attached and detached structures, shall not exceed the following requirements:

1.

Single-family dwellings, three cars.

2.

Multiple-family dwellings, two cars per dwelling unit.

3.

Such permitted maximum capacities shall also be regulated by the provisions of subsection 98-101(b), controlling maximum lot coverage, and if requirements of subsection 98-101(b) shall require such garage or carport to be smaller than permitted in this subsection (b), such provision shall supersede the requirements of this subsection (b) and the size of any such garage or carport shall be of such lesser size as shall be required by compliance with such provision.

4.

Capacity of attached garages shall be determined by the number and width per door of exterior garage doors in accordance with the following door widths:

i.

One-car attached garages. A door with a width from six feet up to 12.0 feet shall be deemed to provide capacity for one car.

ii.

Two-car attached garages. A door with a width greater than 12.0 feet up to 18.0 feet shall be deemed to provide capacity for two cars.

iii.

Three-car attached garages. A door with a width greater than 18.0 feet up to 30.0 feet shall be deemed to provide capacity for three cars.

iv.

No single garage door width shall exceed a width of 30.0 feet.

5.

Capacities of detached garages and carports shall not exceed the following clear internal dimensions as measured at the finished floor:

i.

One-car detached garages. Floor areas up to 17.0 feet by 27.0 feet shall be deemed to provide capacity for one car.

ii.

Two-car detached garages. Floor areas greater than 17.0 feet through 26.0 feet by 27.0 feet shall be deemed to provide capacity for two cars.

iii.

Three-car detached garages. Floor areas greater than 26.0 feet through 35.0 feet by 27.0 feet shall be deemed to provide capacity for three cars.

iv.

No detached garage shall exceed clear internal dimensions of 35.0 feet by 27.0 feet.

c.

Setbacks. Setbacks for attached garages, detached garages, and carports shall be subject to the requirements of section 98-214 except a detached garage in the rear 25 percent of lot depth, shall be permitted when maintaining a distance of at least three feet to the side lot line and at least five feet to the rear lot line, except that on corner lots, the distance from the side street lot line shall be the same as required for the principal structure on the lot. When an accessory structure cannot be placed in a location which complies with the setback regulations due to an existing rear easement, the director of building and zoning may, in his discretion, grant administrative relief in accordance with the provisions of section 98-43(d)(3), and in consideration of the criteria listed in section 98-47(c) to allow placement of the accessory structure:

1.

Within the easement, so long as the rear wall of the accessory structure is no more than ten feet from the rear lot line, the placement of the accessory structure does not encroach upon any existing utility located within the easement, and the property owner executes a hold harmless agreement acceptable to the Village related to the property owner's acceptance of sole responsibility for any damage to the accessory structure; or

2.

Within the front 75 percent of the lot, so long as:

i.

The entire rear wall of the accessory structure abuts the easement line, and

ii.

The front wall of the structure does not extend into the front 75 percent of the lot by more than the depth of the easement.

d.

Height. Attached garages, detached garages, and carports shall be subject to the following maximum building and eave heights, however no garage shall be taller than a principal structure upon a lot:

1.

Attached garages shall be subject to the requirements of section 98-214.

2.

Detached garages and carports in the rear 25 percent of lot depth and subject to the setback provisions of subsection (b)(6)c. shall be permitted a maximum building height of 20.0 feet and a maximum eave height of 12.0 feet except detached garages and carports abutting a public alley shall be permitted a maximum building height of 28.0 feet and a maximum eave height of 20.0 feet.

3.

All other detached garages and carports shall be permitted a maximum building height of 20.0 feet and a maximum eave height of 12.0 feet.

(7)

A shed, storage cabinet, or similar structure for storage incidental to a permitted use, except in front yards or side yards abutting a street, subject to the following requirements:

a.

The maximum height shall not exceed 12.0 feet.

b.

The maximum floor area shall not exceed the following:

1.

R-2, and R-3 districts — 150 square feet.

2.

R-4, R-5, and R-6 districts — 120 square feet.

3.

All other districts — 120 square feet or three-quarters of one percent of the size of the lot on which it is located, whichever is greater.

4.

Such permitted maximum floor areas shall also be regulated by the provisions of subsection 98-101(b), controlling maximum lot coverage, and if requirements of subsection 98-101(b) shall require such shed or building for storage to be smaller than permitted in this subsection. Such provision shall supersede the requirements of this subsection. and the size of any such shed or building shall be of such lesser size as shall be required by compliance with such provision.

c.

No such structure shall be permitted within any required yard, however, a shed or similar structure for storage incidental to a permitted use in the rear 25 percent of lot depth, shall be permitted when maintaining a distance of at least three feet to the side lot line and at least five feet to the rear lot line, except that on corner lots, the distance from the side street lot line shall be the same as required for the principal structure on the lot. When an accessory structure cannot be placed in a location which complies with the setback regulations due to an existing rear easement, the director of building and zoning may, in his discretion, grant administrative relief in accordance with the provisions of section 98-43(d)(3), and in consideration of the criteria listed in section 98-47(c) to allow placement of the accessory structure:

1.

Within the easement, so long as the rear wall of the accessory structure is no more than ten feet from the rear lot line, the placement of the accessory structure does not encroach upon any existing utility located within the easement, and the property owner executes a hold harmless agreement acceptable to the Village related to the property owner's acceptance of sole responsibility for any damage to the accessory structure; or

2.

Within the front 75 percent of the lot, so long as:

i.

The entire rear wall of the accessory structure abuts the easement line, and

ii.

The front wall of the structure does not extend into the front 75 percent of the lot by more than the depth of the easement.

(8)

Recreational equipment, except in front yards or side yards abutting a street; however, basketball equipment and other sports goal equipment shall be subject to the following requirements:

a.

Two backboards and hoops, goals, or nets, shall be allowed per lot, except only one backboard and hoop, goal, or net shall be allowed within a front yard or side yard abutting a street or closer to any front lot line or side lot line abutting a street than the nearest wall of the principal residence upon the lot.

b.

A backboard and hoop shall be set back from any front lot line, rear lot line, or side lot line abutting a street at a minimum distance equal to one-half the setback required in accordance with section 98-214.

c.

The backboard and hoop, goal, or net, shall not be located closer than ten feet from an interior side lot line, regardless of whether the equipment is placed in a rear, side, or front yard.

(9)

Sports courts, except in front yards or side yards abutting a street, subject to a minimum setback of ten feet to any lot line, provided that basketball equipment and other sports goal equipment comply with the requirements of subsection (b)(8).

(10)

A private swimming pool, hot tub, spa, or pond incidental to a permitted use, subject to the following requirements:

a.

Any swimming pool, hot tub, spa, or pond, its equipment, platforms and aboveground decks, and appurtenances, except in front yards or side yards abutting a street, subject to a minimum setback of six feet to a side or rear lot line.

b.

Any walkway or patio for inground pools shall be located a distance of not less than two feet from any lot line.

(11)

Fountains and similar water features shall be subject to the following requirements:

a.

A fountain or similar water feature shall be set back from any front lot line or side lot line abutting a street at a minimum distance equal to one-half the setback required in accordance with section 98-214.

b.

A fountain or similar water feature shall not be located closer than 6.0 feet from any interior side, or rear lot line.

c.

A fountain or similar water feature within 45.0 feet of any lot line shall not exceed a maximum height of six feet. The maximum height may exceed six feet by one-foot for each five feet by which the distance between the fountain or similar water feature and the lot line exceeds 45.0 feet.

(12)

Bathhouses, except in front yards or side yards abutting a street, subject to the following requirements:

a.

The floor area of a bathhouse shall not exceed 200 square feet

b.

The height of a bathhouse shall not exceed 15 feet.

(13)

Open or roofed over porches or terraces (without screens), awnings, and canopies are permitted to encroach a distance of up to seven feet into a required front yard, or side yard adjoining a street. For the purposes of this subsection, a roofed over or open porch or terrace shall not include opaque walls. However, open railings with open spacing between balusters of no less than two inches are permitted to a height of 48 inches above the floor surface of the porch.

(14)

A nonpaying guesthouse (without kitchen facilities), rooms for guests in an accessory building, or an accessory office, except in front yards or side yards abutting a street, provided that the floor area of such accessory building shall not exceed 400 square feet and the height of such accessory building shall not exceed 18 feet, and, provided that such facilities are used for the occasional housing of guests of the occupants of the principal building and not for the permanent occupancy by others as housekeeping units.

(15)

The following permitted obstructions in required yards:

a.

Arbors or trellises provided that the maximum height not exceed seven feet.

b.

Bay windows, bay additions without foundations, and balconies projecting not more than 24 inches into required front, rear or side yards for a width not greater than ten feet.

c.

Chimneys projecting into any required yard not more than 24 inches for a distance not greater than eight feet.

d.

Eaves, gutters or downspouts projecting not more than 24 inches into required front, rear or side yards.

e.

Flagpoles.

f.

Hedges and other landscaping.

g.

Monuments and pillars when not included as part of a fence or wall, subject to the following:

1.

The maximum height shall not exceed four feet.

2.

The maximum footprint shall not exceed two feet by two feet.

3.

No more than two monuments or pillars shall be permitted within any required yard.

h.

Nonmechanical laundry drying equipment, except in front yards or side yards abutting a street.

i.

Off-street parking and loading to the extent provided in section 98-294(d).

j.

Open terraces not over four feet above the average level of the adjoining ground, but not including a permanently roofed-over (or trellis-roofed) terrace or porch.

k.

Statuary.

l.

Steps, landings, and stoops not exceeding four feet in height.

(16)

Signs as provided in article VII.

(17)

Off-street parking and loading facilities as regulated by article VI.

(18)

Telecommunications service facilities as regulated by chapter 78.

(c)

None of the following shall be an accessory use:

(1)

The following vehicles or trailers (as defined in the Illinois Vehicle Code) shall not be parked or stored outdoors within a residentially zoned district:

a.

Any commercial automobile, van, truck, sport utility vehicle, or other motorized vehicle regardless of size or license plate designation. Commercial vehicles may be identified by certain characteristics, including, but not limited to:

1.

Lettering or logos; or

2.

Racks used primarily for business purposes to which ladders, pipes or other equipment may be mounted; or

3.

Open bed vehicles containing equipment or materials used primarily for, or to promote, a business purpose.

Commercial vehicles may park on any public way within a residentially zoned district only during authorized hours of construction as set forth in section 18-44 when the operator of said vehicle is engaged in commercial activity on such property or at any time when the operator of said vehicle is responding to an emergency service call at such property.

b.

Any personal automobile, van, truck, sporty utility vehicle, or other motorized vehicle, with a "D" license plate designation or higher, except as may be authorized pursuant to a conditional use granted in accordance with section 98-50.

c.

Any bus, tow truck, automobile transporter, taxicab, or limousine regardless of size or license plate designation.

d.

Recreational vehicles, and aircraft, except as authorized pursuant to a conditional use granted in accordance with section 98-50.

e.

Boats, except that one boat, with a maximum height of ten feet above ground level and overall length of 26 feet (including hitch and bumper), may be stored in a side or rear yard.

f.

Trailers, except a single camping trailer, with a maximum height of five feet above ground level and a maximum length of 26 feet (including hitch and bumper), may be stored in a side or rear yard.

g.

No boat, trailer, bus, van, truck, automobile, or other type of vehicle, shall be used for living, sleeping, or housekeeping purposes, while parked on a residentially zoned district. The building and zoning director may, upon good cause shown, grant permission for the parking of such vehicle or vehicles for a period of time not exceeding 48 hours.

(2)

Outdoor storage, except as specifically permitted by the district regulations.

(3)

Private stables, except in compliance with the following restrictions:

a.

Lot area. A minimum lot area of two acres shall be provided.

b.

Fenced pasture land. A minimum fenced pasture area of one-acre shall be provided for each horse, excluding offspring less than eight months of age. The fence shall be sufficient to contain the pastured horses.

c.

Location. The stable shall not be located within 100 feet of the property line.

d.

Sanitation.

1.

All feed shall be stored in rodent-proof containers.

2.

Manure in excess of two cubic yards shall be removed and properly disposed of.

3.

Manure shall be stored in containers approved by the health department, and shall have tight fitting covers.

4.

No manure shall be stored within 100 feet of any property line.

5.

All nuisance causing conditions shall be immediately abated.

(Ord. No. 5579, § 4, 9-18-2012; Ord. No. 5793, § 3, 5-6-2014; Ord. No. 6058, § 3, 12-6-2016)

All accessory uses shall comply with the bulk regulations of the district in which they are located provided that no accessory use shall be setback closer to a front lot line or a side lot line abutting a street than the setback of the principal structure to that lot line; except however, some accessory uses shall be subject to additional bulk regulations, conditions, restrictions, and exemptions as provided in section 98-213(b).

(Ord. No. 5579, § 4, 9-18-2012)

All accessory uses shall comply with all standards applicable to the district in which they are located. No accessory use shall be established or erected prior to the establishment or erection of the principal use to which it is accessory. No existing accessory use may be expanded or extended, except in compliance with all of the regulations of this chapter.

(Ord. No. 5579, § 4, 9-18-2012)

(a)

There are permitted in any residential dwelling home occupations of the type frequently found in dwellings used for residential purposes.

(b)

Any home occupation shall comply with the following standards, in addition to all of the standards applicable to the district in which it is located:

(1)

No person shall be employed other than members of the immediate family occupying such dwelling.

(2)

No stock in trade, except articles produced by the members of the immediate family residing on the premises, shall be displayed or sold upon the premises.

(3)

No alteration of the principal building shall be made which changes the character thereof as a dwelling.

(4)

No more than 25 percent of the area of one story of the principal building shall be devoted to any home occupation, except the letting of rooms to roomers or boarders.

(5)

The home occupation shall be conducted entirely within the principal building that is used as the residential dwelling, except that persons furnishing child care may provide outdoor recreation on the premises.

(6)

No outdoor storage shall be permitted.

(7)

No home occupation shall be operated in such a manner as to cause a nuisance.

(8)

Home occupations must comply with the regulations set forth in article VII pertaining to signs and article VIII pertaining to performance standards.

(9)

The standards for home occupations shall not apply to day care homes as defined in section 98-4.

(c)

Permitted home occupations include, but are not limited to, the following occupations; provided, however, that each listed occupation shall be subject to the requirements of section 98-216 as well as to any limitations specifically imposed on such occupation by this section:

(1)

Artists, sculptors, or authors.

(2)

Day care homes.

(3)

Dressmakers, seamstresses, or tailors.

(4)

Lawyers, architects, engineers, realtors, insurance agents, brokers and members of similar professions.

(5)

Ministers, rabbis, priests, imams, and other leaders of religious orders.

(6)

Music or dancing teachers, tutors, or similar specialized instruction, provided that the instruction shall be limited to one pupil at a time, except for occasional groups.

(7)

Physicians, dentists, or other licensed medical practitioners.

(8)

The letting for hire of not more than two rooms for rooming or boarding use for not more than two persons, neither of whom is a transient.

(d)

Permitted home occupations shall not in any event be deemed to include the following:

(1)

Animal hospitals.

(2)

Barbershops or salons.

(3)

Beauty parlors.

(4)

Clinics or hospitals.

(5)

Dance schools.

(6)

Mortuaries.

(7)

Nursery schools.

(8)

Private clubs.

(9)

Renting of trailers.

(10)

Repair shops or service establishments, except the repair of electrical appliances, computers and computer equipment, cameras, or other similar small items.

(11)

Restaurants.

(12)

Stables or animal kennels.

(13)

Tourist homes.

(Ord. No. 5579, § 4, 9-18-2012)

The following uses of land are permitted in each district, subject to the specific regulations and time limits which follow and the regulations of the district in which the use is located:

(1)

Tents or similar temporary coverings used for weather protection of goods which must be stored outdoors because of emergency conditions, provided that such use shall continue only during the duration of the emergency, except plastic or canvas coverings (enclosures) may be permitted for the seasonal display of goods for a period not to exceed that which is allowable for the given seasonal display, and further, in compliance with the following requirements:

a.

Such enclosure is accessory to a principal use which is permitted in the zoning district in which it is located.

b.

The maximum dimensions of the enclosure shall not exceed 20 feet in width, 40 feet in length and 15 feet in height.

c.

The permitted location of such temporary enclosure on the lot shall be established by the hearing body.

(2)

The outdoor seasonal display and sale of Christmas trees for not more than 60 days, pumpkins for not more than 30 days and plants for not more than 90 days annually. Display of such goods need not comply with the yard requirements of this chapter; provided, however, that no goods shall be displayed within the minimum setback for the district within which the land is located and shall not be located in any residential district, except on church or school property.

(3)

Contractors' offices and equipment sheds, containing no sleeping or cooking accommodations, accessory to a construction project, and shall continue only during the duration of such project.

(4)

Real estate offices, containing no sleeping or cooking accommodations unless located in a model dwelling unit, incident to a new housing development, and shall continue only until the disposal of all dwelling units in the development.

(5)

Carnivals or circuses, when operated by a local nonprofit organization, not to be located in any residential district, except on church or school property, and shall continue for a period not to exceed one week. Such uses shall comply with the minimum setback requirements for the district in which the uses are located.

(6)

Bazaars and garage sales.

(7)

Displays of holiday related lighting, decorations, or structures for a maximum period of 60 days. Such displays shall not require the approval of the hearing body or a building permit unless new electrical or structural work is involved in the installation or assembly of such displays. Such displays shall be permitted only on private property, but may be located in any yard except those locations which obstruct required parking or loading areas.

(8)

Mobile storage containers in residential districts upon private property only upon a driveway and when accessory to a principal residence, and shall continue only for a period of up to five consecutive days and upon no more than ten days in any calendar year.

(Ord. No. 6058, § 4, 12-6-2016; Ord. No. 6398, § 10, 2-16-2021)

Except where restricted in accordance with the provisions of a conditional use or planned development ordinance, temporary outdoor dining may be permitted as an accessory use to a licensed restaurant or food service use in all districts subject to the requirements of section 98-202.

(Ord. No. 5716, § 5, 11-5-2013; Ord. No. 6398, § 10, 2-16-2021; Ord. No. 6471, § 4, 3-1-2022)