There are permitted in all residential districts within the village, home occupations which are businesses or occupations of a type which will be compatible with the character of the residential district in which it is located, and which will comply with the following, as well as with all other regulations of the village:

(1)

The home occupation shall be incidental and secondary to the use of the dwelling, for dwelling purposes, and shall not occupy more than 20 percent of the total floor area of the residence. The area of accessory structures shall not be included in the total floor area calculations;

(2)

There shall be no sign, display or activity that will indicate from the exterior of the building that the building is being used in part for any purpose other than that of a dwelling;

(3)

The home occupation and all related activities, including storage, shall be conducted completely within the dwelling unit or permitted accessory structures;

(4)

There shall be no commodities sold or services rendered that require receipt or delivery of merchandise, goods or equipment by other than a passenger motor vehicle or by parcel or letter carrier mail services;

(5)

There shall be no special structural alterations or construction features or permitted accessory structures, nor the installation of special equipment attached to the walls, floors or ceilings of the dwelling;

(6)

The home occupation and any related activities shall not create any traffic hazards or nuisances in the public streets, and all vehicle parking generated by such operation shall be located on the property, and shall conform to the requirements of commercial vehicle parking in the residential zoning district in which the home is located;

(7)

There shall be no perceptible noise, odor, smoke, electrical interference or vibration emanating from the structure in which the home occupation is located; and

(8)

No more than two employees shall be permitted.

Garage sales and home sales shall not be considered home occupations, but shall be regulated as temporary uses.

(Code 1985, § 8(4.4-1))

Cross reference— Businesses, ch. 26.

(a)

In general. The following regulations shall apply to recreational vehicles within the village:

(1)

At no time shall a parked or stored recreational vehicle within the village be used for living, sleeping or housekeeping purposes. No recreational vehicle shall be connected to gas, water or sanitary sewer service. Temporary electrical hookups may be permitted.

(2)

Recreational vehicles shall not be used as accessory structures in any zoning district within the village.

(3)

Recreational vehicles shall not have their wheels removed or be affixed to the ground so as to prevent ready removal of such vehicle.

(4)

Recreational vehicles shall not be parked or stored in such a way as to create a dangerous or unsafe condition.

(5)

Major repair to any recreational vehicle that exceeds 14 days shall be performed only within a garage or accessory structure which is fully enclosed.

(b)

Parking and storage. The following parking and storage restrictions shall apply to recreational vehicles within the village:

Recreational vehicles shall be parked and stored only on driveways or other improved surface. No parking shall be allowed on any unimproved surface. As used in this section, the term "unimproved surface" includes, but is not limited to, grass and dirt surfaces. Recreational vehicles must be parked or stored on an improved surface equal in length and width to the recreational vehicle being parked or stored.

(c)

Size. No recreational vehicle or boat parked in a residential district shall exceed 13 feet, six inches in height, excluding a boat mast, nor exceed 40 feet in length.

(Code 1985, § 8(4.4-2); Ord. No. 2023-05, § 5, 7-3-2023)

Cross reference— Surfacing, § 86-520.

Except as otherwise provided in article XI of this chapter, tents shall not be erected, used or maintained on a lot within th e village, except such tents as are customarily used for recreational purposes. Recreational tents shall be located on the same lot as a dwelling, and shall not be allowed within the required front or side yard. All uses of tents, other than recreational, shall be regulated as temporary uses.

(Code 1985, § 8(4.4-3))

(a)

Residential districts. All refuse containers in residential districts within the village shall be in conformance with the restrictions on refuse removal as set forth in chapter 58 of this Code. Such containers shall be kept to the rear or side of the principal structure or within a garage or accessory structure, except at those times designated for removal of such refuse.

(b)

Nonresidential districts. The following shall apply to refuse containers in nonresidential districts within the village:

(1)

Location. All refuse containers shall be in conformance with the restrictions on refuse removal as set forth in chapter 58 of this Code. Such containers shall be stored in a neat and orderly fashion, and properly secured so as not to interfere with or be hazardous to pedestrian or vehicular traffic.

(2)

Screening. All refuse containers shall be fully enclosed by a screening fence or landscaped screening of a height sufficient to screen such containers from view from adjoining properties and public or private ways.

(Code 1985, § 8(4.4-4))

The storage of building bulk materials and/or equipment within the village shall be allowed only on a lot where a building permit has been lawfully issued by the village. Such materials and equipment shall be stored in a neat and orderly fashion, and shall be removed as soon as such materials and equipment are no longer required for the permitted construction.

(Code 1985, § 8(4.4-5))

Cross reference— Buildings and building regulations, Ch. 22.

(a)

Residential districts. Disabled or damaged motor vehicles in residential districts within the village may be stored in the open within a required front yard for a period not to exceed seven days. Major repairs to any recreational vehicle, boat or snowmobile that exceeds 14 days shall be performed only within a garage or fully enclosed accessory structure.

(b)

Nonresidential districts. Disabled or damaged motor vehicles in nonresidential districts within the village awaiting or under repair may be stored in the open only on a lot where such storage and repair is customary in the operation of a lawfully established principal use. Such vehicles shall be removed or placed within an enclosed structure within 30 days.

(Code 1985, § 8(4.4-6))

Cross reference— Traffic and vehicles, Ch. 74.

This section regulates the construction, placement and maintenance of fences and screenings in the village. Fences or screenings which are not detrimental to the health, safety or welfare of the village, and in addition, do not diminish the right of citizens to sufficient air and light, and safety of travel and access throughout the village shall be allowed as permitted in this section or in article V of this chapter. Fences or screenings will be required that are deemed necessary to ensure the rightful enjoyment of all properties, to protect property values, to ensure the safety of the public rights-of-way and to protect the public from dangerous or potentially dangerous uses.

(1)

In general. The following general regulations shall apply to all fences within the village:

a.

In the right-of-way. No fence shall be erected or maintained in any public right-of-way, except those fences erected for the purpose of ensuring the public safety by a public body having property authority to erect or maintain such fence.

b.

Barbed wire or electrically charged fences. The use of barbed wire or electrically charged fences is prohibited on all land used for residential purposes. The use of barbed wire or electrically charged fences may be approved as a special use on land used for other than residential purposes, but then only when such fence has a height above seven feet.

c.

Maintenance. Any fence or landscaped screening used to satisfy the requirements of this section or required as a condition of approval for a special use permit shall be continually maintained for the duration of the use involved.

d.

Obstruction of line of sight. No wall, fence or other structure or planting shall be placed or maintained in a location relative to a public or private street, alley, driveway or other means of ingress or egress so that the sight of oncoming vehicular or pedestrian traffic is impaired for users of such means of ingress and egress in accordance with regulations contained in chapter 74 of this Code.

e.

Finished side of fence. Any fence erected along, or parallel to, an adjoining property line shall have the finished side of said fence face the adjoining property. For purposes of this section, if a fence is erected with posts and supports it shall be presumed that the side form which the posts and supports are more visible will be recognized as the "unfinished" side.

(2)

Height.

a.

Front yard fences. No fence shall be erected or maintained in a front yard of any lot adjoining a public street in any district to a height greater than four feet, subject to an exception for electrical and barbed wire fences as permitted under subsection (1)b. of this section. No front yard fence shall be opaque, e.g., solid wood. Chainlink fencing shall be acceptable.

b.

Side and rear yard fences. No fence shall be erected or maintained in a side or rear yard in any district to a height greater than six feet, except as provided for a modification in article II of this chapter, subject to an exception for electrical and barbed wire fences as permitted under subsection (1)b. of this section.

c.

Corner side yard fences. No fence shall be erected or maintained in a corner side yard to a height greater than three feet within 75 feet of the curb of the street parallel to the front lot line. At a point to the rear of such area, no fence shall be erected or maintained in a corner side yard to a height greater than six feet. In the case of a through lot, no fence shall be erected or maintained to a height greater than three feet in a corner side yard. Barbed or electrical fences may be permitted as provided under subsection (1)b. of this section.

(Code 1985, § 8(4.4-7); Ord. No. 2002-07, 8-5-2002)

The use of a structure or lot in the village established after December 16, 1999 shall be for a use which is specified in this chapter as a permitted, special or accessory use under the district regulations applicable to the district in which such structure or lot is located.

(Code 1985, § 8(4.0-1))

Where a building permit for a structure has been issued in the village in accordance with law prior to December 16, 1999, and where construction has commenced within six months of such date and is completed within one year of such, the structure may be completed in accordance with the approved plans, and may, upon completion, be occupied under a certificate of occupancy for the use, subject thereafter to the provisions of this chapter for nonconformities.

(Code 1985, § 8(4.0-2))

(a)

Where the use of a structure or lot in the village existing on December 16, 1999 is rendered nonconforming under the provisions of this chapter, the provisions for nonconformities as provided in this chapter shall apply to such use.

(b)

Where a structure and lot lawfully exists on December 16, 1999, and is classified by article V of this chapter as a special use in the district in which it is located, such use shall be considered a lawful special use. A special use permit issued in accordance with procedures set forth in article V of this chapter shall be required for any expansion or change of such existing legal structure or special use.

(Code 1985, § 8(4.0-3))

Any unlawful use existing within the village on December 16, 1999, which uses is also in conflict with the requirements of this chapter, shall remain unlawful.

(Code 1985, § 8(4.0-4))

Not more than one principal detached building shall be located on any zoning lot within the village, except in planned unit developments.

(Code 1985, § 8(4.0-5))

Where a lot in the village is to be utilized for a permitted use without structures, the required yards for such lot shall be provided and maintained as set forth in this chapter for the district in which the lot is located.

(Code 1985, § 8(4.0-6))

When a use is not specifically listed as a permitted, special or temporary use, such use is expressly prohibited unless it is allowed by application and authorization as provided in this chapter.

(Code 1985, § 8(4.0-7))

Not more than one principal use shall be permitted on a zoning lot within the village unless otherwise provided for in this chapter.

(Code 1985, § 8(4.0-8))

Each new building or structure within the village shall conform with the bulk regulations established in this division for the district in which such building or structure is located.

(Code 1985, § 8(4.1-1))

No existing building or structure within the village shall be enlarged, reconstructed, structurally altered, converted or relocated in such a manner as to conflict or further conflict with the bulk regulations of this division for the district in which such building or structure is located.

(Code 1985, § 8(4.1-2))

All previously approved lots of record may continue subject to the requirements of this chapter.

(Code 1985, § 8(4.1-3))

No building in the village shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the maximum building height for the zoning district in which such building is located, except for the following:

(1)

Group A. Chimneys, commercial radio and television broadcasting towers, fire towers and water towers may exceed the maximum building height by not more than 25 feet.

(2)

Group B. Bell towers, ornamental towers, spires, scenery lofts and steeples may exceed the maximum building height by not more than 25 feet. Amateur and citizens band antennas may be erected to a height not to exceed 60 feet.

(3)

Group C. Cooling towers, elevator bulkheads, energy collecting devices, flagpoles, mechanical appurtenances, parapet walls, radio and television receiving antennas, recreational facilities, roof gardens and skylights may exceed the maximum building height by not more than five feet.

(Code 1985, § 8(4.1-4))

The maintenance of yards, other open spaces and minimum lot area legally required for a building within a zoning district in the village shall be a continuing obligation upon the owner of such building or property. No legally required yard, other open space or minimum lot area allocated to any building shall, by virtue of change of ownership or for any other reason, be used to satisfy yard, open space or minimum lot area requirements for any other building.

(Code 1985, § 8(4.2-1))

No zoning lot within the village shall be divided into two or more zoning lots unless all zoning lots resulting from such division shall conform with all of the applicable bulk regulations of the zoning district in which the property is located. If a lot is built upon under one building permit and then divided, it can only be divided if each newly created lot, or portion of the original lot, is platted as a lot of record and conforms to the subdivision regulations of the village as set forth in chapter 66 of this Code.

(Code 1985, § 8(4.2-2))

All yards and other open spaces allocated to a structure or use within the village shall be located on the same zoning lot as such structure or use, except as otherwise provided in this chapter.

(Code 1985, § 8(4.2-3))

(a)

Established setbacks. Where lots within the village which comprise 40 percent or more of the frontage on a block are developed with buildings having front yards of a greater depth than required, new buildings shall not be erected closer to the street than the average front yard established by the existing buildings.

(b)

Corner lots. On corner lots, the front yard shall be deemed to be the side with the shortest street dimension of the lot.

(c)

Through lots. On through lots:

(1)

The front lot shall be determined by the plan commission. However, when a front lot line has been established along the same street right-of-way line, the right-of-way line shall be the front lot on all remaining through lots in that block.

(2)

All front yard requirements shall apply to the required rear yard unless such rear yard is properly screened by a screening fence or landscaped screening which is at least five feet in height.

(d)

Established setbacks.

(1)

Existing structures. Minimum setbacks for existing structures on lots abutting a street or thoroughfare shall be the distance required for a front yard or corner side yard in the district in which such lots are located, measured from the existing right-of-way line of the street or thoroughfare.

(2)

New structures. Minimum setbacks for new structures on lots abutting a street or thoroughfare shall be the distance required for a front yard or corner side yard in the district in which such lots are located, measured from the existing right-of-way line as designated on the official map of the village, or as duly established by other ordinances and recorded or established setbacks of the village, or as established by the village board, or as established by county or state highway authorities, whichever has the greatest right-of-way requirements.

(Code 1985, § 8(4.2-4))

Required yards within the village shall be unobstructed from the ground level to the sky, except for the following permitted obstructions when located in the required yard specified and in conformance with the sight-line regulations of the village:

(1)

All yards.

a.

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

b.

Awnings and canopies projecting four feet or less into the yard;

c.

Steps or ramps four feet or less above grade which are necessary for access to a permitted building or for access to a zoning lot from a street;

d.

Chimneys projecting 18 inches or less into the yard;

e.

Arbors and trellises;

f.

Flagpoles;

g.

Fences and walls, subject to the applicable restrictions set forth in this chapter;

h.

Ornamental light standards;

i.

Trees, shrubbery and other plantings; and

j.

Temporary uses and structures.

(2)

Front yards.

a.

One-story bay windows projecting three feet or less into the yard; and

b.

Overhanging eaves and gutters projecting three feet or less into the yard.

(3)

Side yards.

a.

Overhanging eaves and gutters projecting 18 inches or less into the yard; and

b.

Parking of recreational vehicles, subject to the applicable restrictions of this chapter.

(4)

Rear yards.

a.

One-story bay windows projecting three feet or less into the yard;

b.

Overhanging eaves and gutters projecting three feet or less into the yard;

c.

Permitted accessory structures subject to the applicable restrictions of this chapter;

d.

Attached heating and cooling compressor units projecting not more than four feet into the yard; and

e.

Swimming pools.

(Code 1985, § 8(4.2-5))

Where a lot is subject to an easement to a drainage district for maintenance or improvement of a ditch or waterway for surface water drainage, the area subject to such easement shall not be considered in meeting the requirements of this division for minimum lot area, maximum lot coverage, and minimum yards.

Where a lot within the village is subject to an easement for a private road right-of-way, the area subject to such easement shall not be considered in meeting the requirements of this chapter for minimum lot area, maximum lot coverage and minimum yards.

(Code 1985, § 8(4.2-7))

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

(1)

Is customarily incidental and subordinated to and serves a 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 the same zoning lot as the principal building or principal use served.

(Code 1985, § 8(4.3-1))

An accessory use shall not be established on any lot in the village prior to the establishment of the principal use to which it is accessory.

(Code 1985, § 8(4.3-2))

An attached accessory structure shall comply with all district regulations applicable to the principal structure within the village.

(Code 1985, § 8(4.3-3))

Detached accessory structures within the village shall comply with the following:

(1)

Shall not be located in the required front or side yards;

(2)

Shall not occupy more than 30 percent of the required rear yard;

(3)

Shall be at least ten feet from the principal structure;

(4)

Shall not exceed the height of the principal structure or 20 feet in height when measured from the grade level of the principal structure, whichever is less, except that an accessory antenna shall not exceed 60 feet when measured from the grade level of the principal structure;

(5)

Shall be located in relation to lot lines as provided for in the applicable district regulations of this chapter; and

(6)

If any property line in a B or I district abuts a residential district, an accessory structure shall not be located within 25 feet of such property line.

(Code 1985, § 8(4.3-4))

All new and existing uses and structures within the village shall be subject to the provisions of chapter 34 of this Code related to development in floodplains.

(Code 1985, § 8(4.5))