There are certain conditions concerning land uses that warrant specific regulations and standards in addition to the requirements of the zoning districts in which they are located.

(Prior Code, § 746.01)

   (A)   Where an accessory building is attached to the side or front of a principal building, the accessory building shall be considered part of the principal building for purposes of determining required yard dimensions; but if the accessory building is attached to the rear of the principal building in such a manner that it is completely to the rear of all portions of the building, it may be considered a detached accessory building for purposes of determining required yard dimensions.

   (B)   No detached accessory building shall be located nearer to a side lot line than the permitted distance for the principal building on the same lot, unless the accessory building shall be completely to the rear of all portions of the principal building, in which case it may be located no nearer than five feet to any side lot line.

   (C)   No detached accessory building shall be located nearer than five feet to any rear lot line, except that when the accessory building shall be a garage which is entered at right angles to an alley, it shall be located no nearer than 12 feet to the rear lot line.

   (D)   No accessory building shall project into any front yard setback.

   (E)   No accessory building shall occupy more than 30% of the area of any rear yard.

   (F)   Where a corner lot adjoins a side boundary of a lot in any residential district, no accessory building shall be located nearer to the side street lot line than the side yard setback of the principal building on the lot.

(Prior Code, § 746.02) Penalty, see § 10.99

   Hereafter, every building erected, altered, or moved shall be located on a lot of record as defined herein, and except in the case of an approved multiple-dwelling development, there shall be no more than one principal building and its permitted accessory structure located on each lot in a residential district.

(Prior Code, § 746.03) Penalty, see § 10.99

   (A)   Accessory building as dwelling. No accessory building on the same lot as a principal building shall be used for dwelling purposes.

(Prior Code, § 746.04)

   (B)   Basement as dwelling. No basement structure shall be used for occupancy unless a completed story is situated immediately above the basement structure and that story is used as a dwelling.

(Prior Code, § 746.05) Penalty, see § 10.99

   (A)   Generally. In addition to the requirements established by the County Health Department, the following site development and use requirements shall apply.

   (B)   Specifically.

      (1)   No structure for human occupancy or use shall hereafter be erected, altered, or moved unless it shall be provided with a safe, sanitary, and potable water supply and a safe effective means of collection, treatment, and disposal of wastes, in addition to the requirements of Chapter 51.

      (2)   No drain field for a septic tank system shall be located nearer than 150 feet from the normal high water line of any surface body of water, nor located in an area where the ground surface is less than four feet above the normal high water table level.

(Prior Code, § 746.06) Penalty, see § 10.99

   Prior to the commencement of construction of any structure or building in a commercial district or industrial district where the property abuts, adjoins, or is adjacent to a residential zone, a greenbelt shall be established. However, where permitted elsewhere in this chapter, an opaque wall or fence may be built in lieu of a greenbelt. A greenbelt, minimum width of 20 feet, shall be completed within six months from the date of final inspection and shall thereafter be maintained with permanent plant materials.

(Prior Code, § 746.07) Penalty, see § 10.99

   Any lot of record created prior to the effective date of this chapter without any frontage on a public street or way shall not be occupied, except where access to a public street or way is provided by a public or private easement or other right-of-way no less than 20 feet in width. Public access to commercial or industrial uses shall not be designated so as to pass through the residential neighborhoods.

(Prior Code, § 746.08) Penalty, see § 10.99

   No fence, wall, hedge, screen, sign, structure, vegetation, or planting shall be higher than three feet above street grade on any corner lot or parcel in any zoning district requiring front and side yards within the triangular area formed by the intersecting street right-of-way lines and a straight line joining the two street lines at points which are 30 feet distant from the point of the intersection, measured along the street right-of-way lines.

(Prior Code, § 746.09) Penalty, see § 10.99

   Whenever any street, alley, or other public way is vacated by official action, the zoning district adjoining each side of the public way shall automatically be extended to the center of the vacation, and all area included therein shall henceforth be subject to all appropriate regulations of that district within which the area is located.

(Prior Code, § 746.10) Penalty, see § 10.99

   The height requirements established by this chapter shall apply uniformly in each zoning district to every building and structure, except that the following structures and appurtenances shall be exempt from the height requirements of this chapter; spires, belfries, penthouses, and domes not used for human occupancy; chimneys, ventilators, skylights, water tanks, bulkheads, utility poles, power lines, radio and television broadcasting and receiving antennas, cellular communications towers and antennas, silos, parables, and other necessary mechanical appurtenances, provided their location shall conform where applicable to the requirements of the Federal Communications Commission, the Civil Aeronautics Administration, and other public authorities having jurisdiction.

(Prior Code, § 746.11) Penalty, see § 10.99

   Within the limits of a side or front yard space of a lot within a residential district, no fence, wall, other than a necessary retaining wall, or other screening structure shall be higher than six feet. No fence or wall located within a rear yard shall exceed eight feet in height.

(Prior Code, § 746.12) Penalty, see § 10.99

   No oil or gas well shall be drilled within the village limits.

(Prior Code, § 306.01) Penalty, see § 10.99

   No persons shall alter, change, transform, or otherwise vary the edge, bank, or shore of any lake, river, or stream, except in conformance with the following:

   (A)   In accordance with the requirements of the State Department of Environmental Quality; and

   (B)   If any edge, bank, or shore of any lake, river, or stream is proposed to be altered in any way by any person, the person shall submit to the Planning Commission all data, exhibits, and information as required by the State Department of Environmental Quality.

(Prior Code, § 746.13) Penalty, see § 10.99

   (A)   Generally. For purposes of this chapter, the following provisions shall apply.

   (B)   Specifically.

      (1)   The surface of land used for a right-of-way for a pipe line or other underground utility shall be restored and maintained to the original condition existing prior to construction, or to an improved condition in conformance with the planned use of the area, if the latter be specified by the building permit.

      (2)   Essential services shall be exempt from lot area requirements in the Light Industrial, Heavy Industrial, and Open Space, Agricultural, and Waterbody Conservation Districts.

(Prior Code, § 746.14) Penalty, see § 10.99

   All swimming pools shall conform to the requirements of the County Health Department. Swimming pools to be constructed or which are already constructed shall be enclosed by a fence, wall, or other structure which shall be at least four feet in height as measured from the outside. Any opening under the bottom of the fence shall not be more than four inches in height. A fence or wall enclosure shall be of a type that impedes climbing by small children and shall be equipped with a gate that is a self-closing and latching type with the latch on the pool side of the gate. The entrance shall lead to the shallow end of the pool. If the entire premises is enclosed by a fence or a wall, this requirement may be waived.

(Prior Code, § 746.15) Penalty, see § 10.99

   The maintenance of yards, open spaces, lot areas, height and bulk limitations, fences, walls, clear vision areas, parking and loading spaces, and all other requirements for a building or use specified within this chapter shall be a continuing obligation of the owner of the building or property on which the building or use is located.

(Prior Code, § 746.16) Penalty, see § 10.99

   In all districts, in connection with industrial, business, institutional, recreational, residential, or other use, there shall be provided at the time any building is erected, or uses established, enlarged, or increased in capacity, off-street parking spaces for automobiles with the requirements herein specified.

   (A)   Plans and specifications showing required off-street parking spaces, including the means of access and interior circulation, for the above uses, shall be submitted to the Zoning Inspector for review at the time of application for a building permit. Required off-street parking facilities shall be located on the same lot as the principal building or on a lot within 300 feet thereof, except that this distance shall not exceed 150 feet for single-family and two-family dwellings. The distance specified shall be measured from the nearest point of the parking facility to the nearest point of the lot occupied by the building or use that the facility is required to serve.

   (B)   No parking area or parking space which exists at the time this chapter becomes effective or which subsequent thereto is provided for the purpose of complying with the provisions of this chapter shall thereafter be relinquished or reduced in any manner below the requirements established by this chapter unless additional parking area or space is provided sufficient for the purpose of complying with this chapter within 300 feet of the proposed or existing uses for which the parking will be available.

   (C)   Parking of motor vehicles in residential zones shall be limited to passenger vehicles, one nonresidential-type recreational vehicle, and not more than one commercial vehicle of the light delivery type, not to exceed three-fourths ton, per dwelling unit. The parking of any other type of commercial vehicle, without express permission, is prohibited. Parking spaces for all types of uses may be provided either in garages or parking areas conforming to the provisions of this chapter. Exceptions to the foregoing restrictions are:

      (1)   Commercial vehicles or buses parked on school or church property;

      (2)   Any vehicle which is parked within an existing garage on residential property; and

      (3)   Any vehicle with an approved permit issued by the Village Clerk, after Planning Commission approval, such as:

         (a)   A truck larger than three-fourths ton or a truck-tractor (without trailer), when the vehicle can be shown to be the prime source of business for the owner/occupant of the residential property, and also his or her prime source of transport to his or her business;

         (b)   A residential-type recreation vehicle, provided it is not used, or to be used, on the premises as a dwelling unit. This classification includes a self-propelled or towed vehicle, or a trailer, or a truck-mounted vehicular component which is designed, intended, licensed, and used for occasional travel by individuals, families, sportspeople, or other groups, to and from vacation, resort, or other sports areas, with living therein only during the recreational travel. Where doubt as to proper classification exists, the building code will govern;

         (c)   Visitors to residents or the village, who arrive by any form of residential type recreational vehicle, may park the vehicle at the host's residence for a maximum of 15 days without a permit, provided the vehicle is not to be used as a living quarters during the stay. If a longer stay is contemplated or develops, the regular application for parking permit should be submitted, indicating proposed length of stay;

         (d)   Final approval of permits is contingent on verification by a member of the Planning Commission that the proposed location of the vehicle does not infringe upon the property rights of the immediate neighbors; and

         (e)   Permits require annual renewal; however, if the applicant certifies that all conditions of the original application, to include vehicle description and location, are unchanged, the Village Clerk may issue a renewal without reference to the Planning Commission.

   (D)   Each off-street parking space for an automobile shall not be less than 160 square feet in area, exclusive of access drives or aisles, and shall be of usable shape and condition. There shall be provided a minimum access drive of 13 feet in width, and where a turning radius is necessary, it will be of such an arc as to reasonably allow an unobstructed flow of vehicles. Access aisles for automobiles shall be of sufficient width to allow a minimum turning movement in and out of a parking space. The minimum width of the aisle shall be:

      (1)   For 90-degree or perpendicular parking, the aisle shall not be less than 25 feet in width;

      (2)   For 60-degree parking, the aisle shall not be less than 13 feet in width;

      (3)   For 45-degree parking, the aisle shall not be less than 13 feet in width; and

      (4)   For parallel parking, the aisle shall not be less than eight feet in width.

   (E)   Off-street parking facilities required for churches may be reduced by 50% where churches are located in nonresidential districts and within 300 feet of a usable public or private off-street parking area.

   (F)   Off-street parking facilities for trucks at restaurants, service stations, and other similar and related uses shall be of sufficient size to adequately serve trucks and not interfere with other vehicles that use the same facilities. The truck space shall not be less than ten feet in width and 55 feet in length.

   (G)   Every parcel of land hereafter used as a public or private parking area shall be developed and maintained in accordance with the following requirements.

      (1)   All off-street parking spaces shall not be closer than five feet to any property line, except where a wall, fence, or compact planting strip exists as a parking barrier along the property line.

      (2)   All off-street parking areas shall be drained so as to prevent drainage to abutting properties and shall be constructed of materials which will have a dust-free surface resistant to erosion.

      (3)   Any lighting fixtures used to illuminate any off-street parking area shall be so arranged as to reflect the light away from any adjoining premises and streets.

      (4)   Any off-street parking area providing space for five or more vehicles shall be effectively screened on any side which adjoins or faces property adjoining a residential lot or institution by a wall, fence, or compact planting not less than four feet in height. Plantings shall be maintained in good condition and not encroach on adjoining property.

      (5)   All off-street parking areas that make it necessary for vehicles to back out directly onto a public road are prohibited, provided that this prohibition shall not apply to off-street parking areas of one- or two-family dwellings.

      (6)   Combined parking facilities are allowed when two or more uses occur on one property or when building(s) on one property contain two or more uses, provided that the permanent allocation of the required number of parking spaces shall be the sum of the requirements for the various uses and computed in accordance with this chapter. Parking facilities for one use shall not be considered as providing the required parking facilities for any other use, except churches.

   (H)   Any sign intended to advertise parking or loading facilities shall be constructed in accordance with the regulations specified in §§ 152.340 through 152.346.

   (I)   A business involving the repair, service, sale, or display of vehicles is prohibited in areas used for parking or loading.

   (J)   For the purpose of determining off-street parking requirements, the following units of measurement shall apply.

      (1)   Floor area. In the case of uses where the floor area is the unit for determining the required number of off-street parking spaces, the unit shall mean the gross floor area, except that the floor area need not include any area used for incidental service storage installations of mechanical equipment, penthouses, housing ventilators, and heating systems, and similar uses.

      (2)   Places of assembly. In stadiums, sports arenas, churches, and other places of assembly in which those in attendance occupy benches, pews, or other similar seating facilities, each 18 inches of the seating facilities shall be counted as one seat. In cases where a place of assembly has both fixed seats and open assembly areas, requirements shall be computed separately for each type and added together.

      (3)   Fractions. When units of measurement determining the number of required parking spaces result in the requirement of a fractional space, any fraction of one-half or more shall require one space.

   (K)   The minimum required off-street parking spaces shall be set forth as follows:

      (1)   Automobile or machinery sales and service garages. One space for each 200 square feet of showroom floor area plus two spaces for each service bay plus one space for each two employees on the maximum shift;

      (2)   Banks; business and professional offices. Two spaces for each 200 square feet of floor area plus one space for each employee working within the building;

      (3)   Barber shops and beauty parlors. Two spaces for each chair plus one space for each employee;

      (4)   Boarding and lodging houses; fraternities. Two spaces for every three beds;

      (5)   Bowling lanes. Five spaces for each alley plus one space for each employee per shift;

      (6)   Churches, auditoriums, stadiums, sports arenas, theaters, dance halls, and assembly halls, other than schools. One space for each four seats, or for every four persons permitted in the edifice as stated by the Fire Chief;

      (7)   Clinics. Four spaces for each doctor plus one space for each employee per shift;

      (8)   Convalescent home, orphanage, or similar use. One space for each four beds plus one space for each two employees, including nurses, per shift;

      (9)   Drive-in banks, cleaners, and similar businesses. Storage space for five cars between the sidewalk area and the service window and one space for each two employees;

      (10)   Drive-in eating establishments. Ten spaces, plus one space for every 20 square feet of floor area;

      (11)   Dwellings (single- and two-family). Two spaces for each family dwelling unit;

      (12)   Dwellings (multiple-family). Two spaces per dwelling unit;

      (13)   Funeral homes and mortuaries. Four spaces for each slumber room or one space for each 50 square feet of floor area, whichever is greater, plus one space for each fleet vehicle;

      (14)   Furniture, appliance stores, household equipment, and furniture repair shops. One space for each 400 square feet of floor area;

      (15)   Gasoline filling and service stations. One space for each repair and service stall, plus one space for each employee per shift;

      (16)   General office building. One space for each 400 square feet of gross floor area excluding auto parking within or on the building, plus one space per two employees per shift;

      (17)   Hospitals. One space for each bed plus one space for each two employees;

      (18)   Hotels, motels, lodging houses, and tourist and boarding homes. One space for each living unit plus one space for every two employees per shift;

      (19)   Libraries, museums, and post offices. One space for every 800 square feet of floor area plus one space for every two employees per shift;

      (20)   Manufacturing, fabricating, processing, and bottling plants; research and testing laboratories. One space for every two employees on maximum shift;

      (21)   Restaurants, beer parlors, taverns, night clubs, and private clubs. One space for every four patron seats, plus one space for every two employees per shift;

      (22)   Retail stores, except as otherwise specified herein. One space for every 150 square feet of floor area excluding auto parking space within the building;

      (23)   Roadside stands. Five spaces, plus one space for every 25 square feet of floor area;

      (24)   Schools, private or public, elementary and junior high. One space for each employee normally engaged in or about the building grounds plus one space for every 30 students enrolled;

      (25)   Senior high school and institution of higher learning, private or public. One space for each employee (including teachers and administrators) plus one space for every ten students, in addition to the requirements of the auditorium;

      (26)   Self-service laundry or dry cleaning stores. One space for every two washing and/or dry-cleaning machines;

      (27)   Super market, self-service food, and discount stores. Two spaces for every 200 square feet of floor area plus one space for each two employees per shift; and

      (28)   Wholesale establishments and warehouses. One space for every 400 square feet of floor area plus one space for each two employees.

   (L)   Where a use is not specifically mentioned, the parking requirements of a similar or related use shall apply.

   (M)   Permits for temporary stands for seasonal sales (not exceeding 60-days duration) may be issued by the Zoning Inspector after coordinating parking requirements with the police agency having route jurisdiction.

(Prior Code, § 749.01) Penalty, see § 10.99

   In connection with every building or part thereof hereafter erected, except single- and two-family dwelling unit structures, there shall be provided on the same lot with the buildings, off-street loading and unloading spaces for uses which customarily receive or distribute material or merchandise by vehicle.

(Prior Code, § 749.02) Penalty, see § 10.99