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Lockland City Zoning Code

CHAPTER 1270

ACCESSORY USES AND STRUCTURES

§ 1270.01 GENERAL AUTHORIZATION.

   Except as otherwise expressly provided or limited in this chapter, accessory uses and structures as defined in Chapter 1242, Definitions and Methods of Measurement, are permitted in any zoning district in connection with any principal use lawfully existing within the district provided that such accessory uses and structures conform to all applicable requirements of this Zoning Code. Any accessory use or structure permitted by this Zoning Code may be approved in conjunction with the approval of the principal use. All accessory uses and structures must be directly and solely related to the principal use to which they are accessory.
(Ord. 2012-20, passed 4-17-2012)

§ 1270.03 ZONING CERTIFICATE REQUIRED.

   No accessory use or structure shall be established or constructed unless a zoning certificate evidencing compliance of the proposed use or structure with the provisions of this chapter and all other applicable regulations of this Zoning Code has first been issued in accordance with Chapter 1244.
(Ord. 2012-20, passed 4-17-2012)

§ 1270.05 GENERAL STRUCTURE OR USE LIMITATIONS.

Any accessory structure or use not expressly provided for in this chapter is prohibited. In addition to the applicable use limitations of the district in which it is located, no accessory use or structure shall be permitted unless it complies with the following restrictions:
   (a)   No accessory use or structure shall be approved, established or constructed before the principal use is approved in accordance with these regulations.
   (b)   No sign, except as expressly authorized by this chapter or by Chapter 1264, Signage, shall be maintained in connection with an accessory use or structure.
   (c) No accessory use or structure shall be permitted if it would have significant negative impact, including aesthetic impact, on any adjacent property or on the area as a whole.
(Ord. 2012-20, passed 4-17-2012)

§ 1270.07 DISTRICT-SPECIFIC REGULATIONS AND LIMITATIONS.

   Every accessory structure and use shall comply with the use, bulk, space, and yard regulations made applicable to them by the regulations within this chapter. The following limitations by district in Schedules 1270.07-A through E shall apply.
SCHEDULE 1270.07-A
ACCESSORY STRUCTURES AND USES IN RESIDENTIAL DISTRICTS
R-1, R-2 & R-3
PERMITTED
AREA LIMITATIONS
PERMIT TED YARD LOCATIONS
MINIMUM REQUIRED SETBACKS IN FEET
MAXIMUM HEIGHT IN FEET
FRONT AND CORNER- SIDE
SIDE
REAR
ACCESSORY STRUCTURES AND USES IN RESIDENTIAL DISTRICTS
R-1, R-2 & R-3
PERMITTED
AREA LIMITATIONS
PERMIT TED YARD LOCATIONS
MINIMUM REQUIRED SETBACKS IN FEET
MAXIMUM HEIGHT IN FEET
FRONT AND CORNER- SIDE
SIDE
REAR
DETACHED GARAGES
YES
800 s.f.
REAR ONLY
n/a
5
5
25
DETACHED ACCESSORY STRUCTURES OTHER THAN GARAGES
 
YES
 
200 s.f.
 
REAR ONLY
 
n/a
 
4
 
4
 
12
OUTDOOR STORAGE OTHER THAN VEHICLE STORAGE
YES, in conjunction with non- residential uses
 
n/a
 
REAR ONLY
 
n/a
As approved pursuant to Conditional Use approval
REFUSE CONTAINERS
YES, in conjunction with non- residential uses
 
n/a
SIDE AND REAR
 
n/a
 
5
 
5
 
6
FENCES
YES
n/a
SIDE AND REAR
n/a
none
none
6
FENCES AND WALLS ENCLOSING PERMANENT OUTDOOR STORAGE
 
YES
 
n/a
 
REAR ONLY
 
n/a
As approved pursuant to Conditional Use approval
FENCES AND WALLS ENCLOSING REFUSE CONTAINERS
 
YES
 
n/a
SIDE AND REAR
 
n/a
 
5
 
5
 
6
 
SCHEDULE 1270.07-B
ACCESSORY STRUCTURES AND USES IN THE RESIDENTIAL-OFFICE DISTRICT
RO
PERMITTED
AREA LIMITATIONS
PERMITTED YARD LOCATIONS
MINIMUM REQUIRED SETBACKS IN FEET
MAXIMUM HEIGHT IN FEET
FRONT AND CORNER- SIDE
SIDE
REAR
ACCESSORY STRUCTURES AND USES IN THE RESIDENTIAL-OFFICE DISTRICT
RO
PERMITTED
AREA LIMITATIONS
PERMITTED YARD LOCATIONS
MINIMUM REQUIRED SETBACKS IN FEET
MAXIMUM HEIGHT IN FEET
FRONT AND CORNER- SIDE
SIDE
REAR
DETACHED
GARAGES
YES
800 s.f.
REAR ONLY
n/a
5
5
25
DETACHED ACCESSORY STRUCTURES OTHER THAN GARAGES
YES
200 s.f.
REAR ONLY
n/a
4
4
12
OUTDOOR VEHICLE STORAGE
YES, in conjunction with non- residential uses
n/a
REAR ONLY
n/a
5
5
n/a
OUTDOOR STORAGE OTHER THAN VEHICLE STORAGE
YES, in conjunction with non- residential uses and conditional use approval required
 
n/a
SIDE AND REAR
 
n/a
As approved pursuant to Conditional Use approval
REFUSE CONTAINERS
YES, in conjunction with non- residential uses
n/a
SIDE AND REAR
n/a
5
5
6
FENCES, GENERALLY
YES for SIDE AND REAR YARDS, CONDITIO NAL USE REQUIRED FOR FRONT AND CORNER- SIDE YARDS
 
 
n/a
 
SIDE AND REAR
 
 
n/a
 
 
none
 
 
none
 
 
6
FENCES AND WALLS ENCLOSING PERMANENT OUTDOOR STORAGE
YES, in conjunction with non- residential uses and conditional use approval required
 
n/a
 
REAR ONLY
 
n/a
 
As approved pursuant to Conditional Use approval
FENCES AND WALLS ENCLOSING REFUSE CONTAINERS
YES
n/a
SIDE AND REAR
n/a
5
5
6
 
SCHEDULE 1270.07-C1
ACCESSORY STRUCTURES AND USES IN THE GC DISTRICT
GC
PERMITTED
AREA LIMITATIONS
PERMITTED YARD LOCATIONS
MINIMUM REQUIRED SETBACKS IN FEET
MAXIMUM HEIGHT IN FEET
FRONT AND CORNER- SIDE
SIDE
REAR
ACCESSORY STRUCTURES AND USES IN THE GC DISTRICT
GC
PERMITTED
AREA LIMITATIONS
PERMITTED YARD LOCATIONS
MINIMUM REQUIRED SETBACKS IN FEET
MAXIMUM HEIGHT IN FEET
FRONT AND CORNER- SIDE
SIDE
REAR
DETACHED
GARAGES
YES
800 s.f.
REAR ONLY
n/a
5
5
40
DETACHED ACCESSORY STRUCTURES OTHER THAN GARAGES
YES
200 s.f.
REAR ONLY
n/a
5
5
40
OUTDOOR VEHICLE STORAGE
YES
n/a
REAR ONLY
n/a
5
5
n/a
OUTDOOR STORAGE OTHER THAN VEHICLE STORAGE
CONDITIO NAL USE APPROVAL REQUIRED
n/a
SIDE AND REAR
n/a
As approved pursuant to Conditional Use approval
OUTDOOR DISPLAY AND SALES
CONDITIO NAL USE APPROVAL REQUIRED
n/a
FRONT, CORNE R-SIDE, SIDE OR REAR
As approved pursuant to Conditional Use approval
REFUSE CONTAINERS
YES
n/a
SIDE AND REAR
n/a
5
5
6
 
 
FENCES, GENERALLY
YES for SIDE AND REAR YARDS, VARIANCE REQUIRED FOR FRONT AND CORNER- SIDE YARDS
 
 
n/a
 
SIDE AND REAR
VARIAN CE REQUIR ED FOR FRONT AND CORNE R- SIDE YARDS
 
 
none
 
 
none
 
 
6
FENCES AND WALLS ENCLOSING PERMANENT OUTDOOR DISPLAY AND SALES
CONDITIO NAL USE APPROVAL REQUIRED
 
n/a
FRONT, CORNE R-SIDE, SIDE OR REAR
 
As approved pursuant to Conditional Use approval
FENCES AND WALLS ENCLOSING PERMANENT OUTDOOR STORAGE
CONDITIO NAL USE APPROVAL REQUIRED
n/a
REAR ONLY
n/a
As approved pursuant to Conditional Use approval
FENCES AND WALLS ENCLOSING OUTDOOR DINING AREAS
as approved by the Planning Commission
FENCES AND WALLS ENCLOSING REFUSE CONTAINERS
YES
n/a
SIDE AND REAR
n/a
5
5
6
 
SCHEDULE 1270.07-C2
ACCESSORY STRUCTURES AND USES IN THE HOC DISTRICT
HOC
PERMITTED
AREA LIMITATIONS
PERMITTED YARD LOCATI ONS
MINIMUM REQUIRED SETBACKS IN FEET
MAXIM UM HEIGH T IN FEET
FRONT AND CORNE R-SIDE
SIDE
REAR
ACCESSORY STRUCTURES AND USES IN THE HOC DISTRICT
HOC
PERMITTED
AREA LIMITATIONS
PERMITTED YARD LOCATI ONS
MINIMUM REQUIRED SETBACKS IN FEET
MAXIM UM HEIGH T IN FEET
FRONT AND CORNE R-SIDE
SIDE
REAR
DETACHED ACCESSORY STRUCTURES OTHER THAN GARAGES
YES
200 s.f.
REAR ONLY
n/a
5
5
40
OUTDOOR VEHICLE STORAGE
YES
n/a
REAR ONLY
n/a
5
5
n/a
REFUSE CONTAINERS
YES
n/a
SIDE AND REAR
n/a
5
5
6
FENCES, GENERALLY
YES for SIDE AND REAR YARDS, VARIANCE REQUIRED FOR FRONT AND CORNER- SIDE YARDS
n/a
SIDE AND REAR
VARIAN CE REQUIR ED FOR FRONT AND CORNE R- SIDE YARDS
none
none
6
FENCES AND WALLS ENCLOSING OUTDOOR DINING AREAS
as approved by the Planning Commission
FENCES AND WALLS ENCLOSING REFUSE CONTAINERS
YES
n/a
SIDE AND REAR
n/a
5
5
6
 
SCHEDULE 1270.07-D1
ACCESSORY STRUCTURES AND USES IN THE LIGHT INDUSTRIAL DISTRICT
LI
PERMITTED
AREA LIMITATIONS
PERMITTED YARD LOCATIONS
MINIMUM REQUIRED SETBACKS IN FEET
MAXIMUM HEIGHT IN FEET
FRONT AND CORNER- SIDE
SIDE
REAR
ACCESSORY STRUCTURES AND USES IN THE LIGHT INDUSTRIAL DISTRICT
LI
PERMITTED
AREA LIMITATIONS
PERMITTED YARD LOCATIONS
MINIMUM REQUIRED SETBACKS IN FEET
MAXIMUM HEIGHT IN FEET
FRONT AND CORNER- SIDE
SIDE
REAR
DETACHED
GARAGES AND OTHER ACCESSORY STRUCTURES OVER 200 S.F.
NONE, DETACHED GARAGES IN THE INDUSTRIAL DISTRICTS ARE CONSIDERED PRINCIPLE STRUCTURES AND ARE SUBJECT TO THOSE REGULATIONS.
 
DETACHED ACCESSORY STRUCTURES OTHER THAN GARAGES
 
 
YES
Cumulativ e total of all accessory structures may not exceed 10% of cumulative total area of all principal structures.
 
 
REAR ONLY
 
 
n/a
 
 
4
 
 
4
 
 
65
OUTDOOR VEHICLE STORAGE
YES
n/a
FRONT, SIDE OR REAR
Subject to the same setback and buffer requirements as all off- street parking areas.
n/a
OUTDOOR STORAGE OTHER THAN VEHICLE STORAGE
CONDITIO NAL USE APPROVAL REQUIRED
n/a
SIDE AND REAR
n/a
As approved pursuant to Conditional Use approval
REFUSE CONTAINERS
YES
n/a
SIDE AND REAR
n/a
5
5
6
FENCES, GENERALLY
YES for SIDE AND REAR YARDS, VARIANCE REQUIRED FOR FRONT AND CORNER- SIDE YARDS
n/a
SIDE AND REAR
VARIAN CE REQUIR ED FOR FRONT AND CORNE R- SIDE YARDS
none
none
6
FENCES AND WALLS ENCLOSING PERMANENT OUTDOOR STORAGE
CONDITIO NAL USE APPROVAL REQUIRED
n/a
REAR ONLY
n/a
As approved pursuant to Conditional Use approval
FENCES AND WALLS ENCLOSING REFUSE CONTAINERS
YES
n/a
SIDE AND REAR
n/a
5
5
6
 
SCHEDULE 1270.07-D2
ACCESSORY STRUCTURES AND USES IN THE GENERAL INDUSTRIAL DISTRICT
GI
PERMITTED
AREA LIMITATIONS
PERMITTED YARD LOCATIONS
MINIMUM REQUIRED SETBACKS IN FEET
MAXIMUM HEIGHT IN FEET
FRONT AND CORNER- SIDE
SIDE
REAR
ACCESSORY STRUCTURES AND USES IN THE GENERAL INDUSTRIAL DISTRICT
GI
PERMITTED
AREA LIMITATIONS
PERMITTED YARD LOCATIONS
MINIMUM REQUIRED SETBACKS IN FEET
MAXIMUM HEIGHT IN FEET
FRONT AND CORNER- SIDE
SIDE
REAR
DETACHED
GARAGES AND OTHER ACCESSORY STRUCTURES OVER 200 S.F.
NONE, DETACHED GARAGES IN THE INDUSTRIAL DISTRICTS ARE CONSIDERED PRINCIPLE STRUCTURES AND ARE SUBJECT TO THOSE REGULATIONS.
 
DETACHED ACCESSORY STRUCTURES OTHER THAN GARAGES
 
 
YES
Cumulativ e total of all accessory structures may not exceed 10% of cumulative total area of all principal structures.
 
 
REAR ONLY
 
 
n/a
 
 
4
 
 
4
 
 
75
OUTDOOR VEHICLE STORAGE
YES
n/a
FRONT, SIDE OR REAR
Subject to the same setback and buffer requirements as all off- street parking areas.
n/a
OUTDOOR STORAGE OTHER THAN VEHICLE STORAGE
YES
n/a
SIDE AND REAR
n/a
5
5
n/a
REFUSE CONTAINERS
YES
n/a
SIDE AND REAR
n/a
5
5
6
FENCES, GENERALLY
YES for SIDE AND REAR YARDS, VARIANCE REQUIRED FOR FRONT AND CORNER- SIDE YARDS
n/a
SIDE AND REAR
VARIAN CE REQUIR ED FOR FRONT AND CORNE R- SIDE YARDS
none
none
6
FENCES AND WALLS ENCLOSING PERMANENT OUTDOOR STORAGE
YES
n/a
SIDE AND REAR
n/a
none
 
none
6
FENCES AND WALLS ENCLOSING REFUSE CONTAINERS
YES
n/a
SIDE AND REAR
n/a
5
5
6
 
SCHEDULE 1270.07-E
ACCESSORY STRUCTURES AND USES IN THE OPEN SPACE AND PUBLIC LANDS DISTRICT
OS
PERMITTED
AREA LIMITATIONS
PERMITTED YARD LOCATIONS
MINIMUM REQUIRED SETBACKS IN FEET
MAXIM UM HEIGH T IN FEET
FRONT AND CORNER- SIDE
SIDE
REAR
ACCESSORY STRUCTURES AND USES IN THE OPEN SPACE AND PUBLIC LANDS DISTRICT
OS
PERMITTED
AREA LIMITATIONS
PERMITTED YARD LOCATIONS
MINIMUM REQUIRED SETBACKS IN FEET
MAXIM UM HEIGH T IN FEET
FRONT AND CORNER- SIDE
SIDE
REAR
DETACHED
GARAGES AND OTHER ACCESSORY STRUCTURES OVER 200 S.F.
NONE, DETACHED GARAGES AND OTHER ACCESSORY STRUCTURES IN THE OPEN SPACE AND PUBLIC LANDS DISTRICT ARE CONSIDERED PRINCIPLE STRUCTURES AND ARE SUBJECT TO THOSE REGULATIONS.
DETACHED ACCESSORY STRUCTURES UNDER 200 S.F.
YES
200 s.f.
REAR ONLY
n/a
5
5
40
OUTDOOR VEHICLE STORAGE
YES
n/a
SIDE AND REAR ONLY
n/a
5
5
n/a
OUTDOOR STORAGE OTHER THAN VEHICLE STORAGE
CONDITIO NAL USE APPROVAL REQUIRED
n/a
SIDE AND REAR
n/a
As approved pursuant to Conditional Use approval
REFUSE CONTAINERS
YES
n/a
SIDE AND REAR
n/a
5
5
6
FENCES, GENERALLY
YES
n/a
FRONT, CORNE R-SIDE,
SIDE, AND REAR
none
none
none
6
FENCES IN CONNECTION WITH RECREATION AL USES
as approved by the Planning Commission
FENCES AND WALLS ENCLOSING PERMANENT OUTDOOR STORAGE
CONDITIO NAL USE APPROVAL REQUIRED
n/a
SIDE AND REAR ONLY
n/a
As approved pursuant to Conditional Use approval
FENCES AND WALLS ENCLOSING REFUSE CONTAINERS
YES
n/a
SIDE AND REAR
n/a
5
5
6
 

§ 1270.09 SUPPLEMENTAL ACCESSORY STRUCTURE AND USE REGULATIONS.

   In addition to the District-specific regulations that apply to accessory uses and structures per § 1270.07, the following additional regulations apply to accessory uses and structures in districts where they are permitted.
   (a)   Generally.
      (1)   Accessory uses and structures may not encroach into required landscaping and buffer areas.
      (2)   Accessory uses and structures shall require conditional use approvals when specified elsewhere in this Zoning Code.
   (b)   Accessory structures, generally.
      (1)   Garages accessed by alleys. When a garage that is accessory to a principal structure has vehicular access from an alley, the garage shall be setback, from either the corner-side or rear lot line, whichever is applicable, 24 feet from the edge of the right-of-way on the opposite side of the alley.
   (c)   Fences.
      (1)   Maintenance. A fence permitted pursuant to this chapter shall be maintained in good condition, shall be structurally sound and shall be attractively finished on both sides at all times. The grounds between such fence and a property line shall be well maintained at all times. These requirements shall also apply to existing fences.
      (2)   Manner of construction. The stakes (vertical or horizontal) supporting a fence shall face the property of the person providing such fence.
      (3)   Ornamental fences. It is permissible to erect a maximum of two sets of two eight-foot length ornamental fence sections, provided they are not nearer than five feet to the right-of-way of any street, and do not exceed 36 inches in height. Ornamental fences do not require a permit.
      (4)   Fences required around swimming pools. There shall be a fence at least three and one-half feet in height, constructed of materials. difficult for children to climb, designed and located in such manner as to protect adjoining tenants and the public generally, erected upon all property upon which there is a private swimming pool. The gates and locks on such fence shall be constructed so that they may be opened from the inside only.
      (5)   Prohibited fences.  
         A.   No person shall cause a fence containing barbs to be erected, constructed or maintained within the village.
         B.   No person shall erect, construct, maintain or use any fence charged with electric current within the village.
   (d)   Outdoor storage, including storage within semi-trailers.
      (1)   Outdoor storage is permitted or conditionally permitted as provided in Chapter 1280.
      (2)   Outdoor storage shall not be located in areas intended for traffic circulation or off-street parking or loading according to the site plan.
      (3)   Outdoor storage within semi-trailers is permitted only as a conditional use in the GI and LI districts. In addition to the requirements otherwise found in this chapter for outdoor storage in the GI and LI districts, the trailers must be placed on a paved surface that is outside of the required parking and loading areas, and which is at least 20 feet from the rear and side lot lines.
      (4)   Fencing, walls, landscaping and coverings should be used to minimize the visual impact of the outdoor storage from the right-of-way and from adjacent properties, as approved pursuant to a conditional use permit.
      (5)   Nothing in this chapter shall prohibit outdoor storage that is authorized in conjunction with temporary seasonal display and sales pursuant to Chapter 1272 Temporary Uses.
      (6)   Nothing in this chapter shall prohibit, within the commercial or industrial districts, the establishment of displays of items sold on premises under covered walkways which are part of the principle structure and which do not extend more than eight feet beyond the front face of the principal structure. Where this outdoor storage occurs, the common walkways must remain free of encumbrances.
      (7)   In all districts except the GI district, outdoor storage in partially open structures is prohibited unless approved pursuant to a conditional use permit.
   (e)   Outdoor display and sales.
      (1)   Outdoor display and sales is permitted in the General Commercial District pursuant to the conditions above in § 1270.07 and a conditional use permit.
      (2)   Outdoor display and sales shall not be located in areas intended for traffic circulation or off-street parking or loading according to the site plan.
      (3)   Fencing, walls, landscaping and coverings should be used where practical to minimize the visual impact of the outdoor display and sales from the right-of-way and from adjacent properties, as approved pursuant to a conditional use permit.
   (f)   Parking and storage of vehicles.
      (1)   Provisions governing off-street parking and storage of vehicles in any district.
         A.   Definitions. For the purpose of this section the following definitions shall apply:
            1.   STORED VEHICLE is any operable vehicle that remains on premises for greater than 24 hours during any time Monday through Friday, or greater than 72 hours from Friday to Monday. All inoperable vehicles located on premises are considered “stored vehicles.”
            2.   PARKED VEHICLE is any operable vehicle that is not considered “stored” per division (f)(1)A.i. above.
         B.   Storage of inoperable vehicles. No vehicle incapable of being lawfully driven or used for the purpose or use for which it was designed shall be parked in any parking lot or parking area in the village.
            1.   Exception: Vehicles awaiting parts or timely repair at an automotive service station or garage, light truck and equipment repair service, or heavy truck and equipment repair service, may be parked for up to 14 days.
         C.   Surfaces.
            1.   Parking. No motor vehicle shall be parked on any unpaved area.
            2.   Storage. No vehicle shall be stored except on an asphaltic or cement pavement surface, except if approved by Planning Commission.
            3.   Garages. All floors of garages must be paved with concrete or similar material.
      (2)   The following provisions shall govern the off-street parking and storage of all vehicles in districts where such uses are authorized. These regulations shall apply to all vehicles within the applicable districts, regardless of the use to which the vehicle is put or intended or designed to serve.
         A.   Storage of vehicles in garages. Vehicles may be stored in a completely enclosed garage provided that said garage complies with all applicable provisions of this Zoning Code.
         B.   General regulations and standards. The following additional standards and regulations shall apply to the parking and storage of vehicles in parking areas.
            1.   Permanent location prohibited. No vehicle shall have its wheels removed or be affixed to the ground so as to prevent its ready removal.
            2.   Residential use prohibited. No vehicle shall be used for living, sleeping, or housekeeping purposes.
            3.   Utility hookups. No vehicle shall be connected to any public utility except for required servicing.
            4.   Unsafe conditions. No vehicle shall be parked or stored so as to create a dangerous or unsafe condition. The ground under or surrounding the location wherein a vehicle is stored shall be free of noxious weeds, debris, and combustible material.
            5.   Commercial identification prohibited. Not more than one vehicle with any exterior marking in excess of one square foot in area identifying or advertising a commercial enterprise shall be stored in any parking area on any lot in the Residential District nor shall any such vehicle be stored in any required front or corner side yard.
            6.   No vehicle shall be stored in any off-street parking or loading areas that are required by Chapter 1262.
   (g)   Outdoor dining areas. Outdoor dining shall comply with the following regulations:
      (1)   Outdoor dining shall only be permitted as an accessory use to an indoor restaurant. Outdoor seating shall not obstruct a public right-of-way or sidewalk nor any entrance or exit to the restaurant, except as provided in division (g)(9) below of this section.
      (2)   The number of seats permitted outdoors shall be no greater than 30 percent of the number of seats inside the restaurant.
      (3)   The outdoor dining area shall be limited to seating only and shall not include table bussing facilities or cooking facilities.
      (4)   The outdoor dining area shall be on a paved surface and surrounded by landscaping, fencing or wall as approved by the Planning Commission.
      (5)   There may be no permanently installed sound systems in an outdoor dining area. Any sound system to provide entertainment on a temporary basis must be portable and must be removed at the end of each business day. All outdoor dining activities, including any entertainment, are subject to the village's noise ordinance and related limitations thereto.
      (6)   Outdoor heaters in the dining area may be permitted only pursuant to appropriate health and fire codes.
      (7)   No separate advertising is permitted for the outdoor dining area, including any advertisement for the business or any supplier to the business on any umbrellas, awning or other structure attending to the outdoor dining facilities.
      (8)   The property owner shall be responsible to keep the outdoor dining area free and clear of all garbage, trash and other debris and shall provide an appropriate trash receptacle within the outdoor dining area for the deposit of refuse and litter. Such trash receptacle shall be emptied on a regular basis and shall be moved indoors at the end of each business day.
      (9)   Any outdoor dining located upon a public sidewalk or within the public right-of-way requires an additional permit to be approved by the village Right-of-Way Committee per Chapter 1026.
   (h)   Home occupations. The purpose of this section is to set forth regulations that control the establishment and operation of home occupations. The intent of these regulations is to control the nonresidential use of a residential dwelling unit so that the nonresidential use is limited in size and scope and does not disrupt the residential character of the neighborhood in which it is located. A home occupation may only be permitted within a residential dwelling unit within the village if it meets all of the requirements set forth in divisions (h)(1) through (10) below.
      (1)   Prior to establishing a home occupation, the owner or occupant of the dwelling shall apply and receive approval for a zoning certificate issued by the Code Enforcement Officer.
      (2)   The home occupation shall be clearly incidental and secondary in importance to the use of the dwelling for dwelling purposes.
      (3)   No home occupation shall be permitted in any accessory building.
      (4)   Any on-site business related in any manner to the home occupation shall be conducted by occupants of the dwelling unit.
      (5)   The business activity, including the storage of equipment, supplies or any apparatus used in the home occupation, shall be conducted entirely within the dwelling unit and no use of a garage, an accessory building or an outdoor area shall be permitted. Any activity, material, goods, or equipment indicative of the proposed use shall be carried on, utilized or stored within the dwelling unit and shall not be visible from any public way or adjacent property.
      (6)   A home occupation may be conducted in any area of the principal dwelling including the basement provided such home occupation shall occupy no more than one room in the dwelling unit or an area equal to 20 percent of the area of the main floor of the dwelling unit, whichever is greater. The area of an attached garage shall not be included when calculating the area of the main floor of the dwelling unit.
      (7)   The business activity shall only use customary home equipment and shall not create a nuisance by reason of generating any noise, odor, dust, vibrations, fumes, smoke, electromagnetic interference or truck or delivery vehicle traffic which would depreciate or change the residential character of the neighborhood in which the proposed use is located.
      (8)   There shall not be any sign or change in the outside appearance of the building or premises, or other visible exterior change related to the home occupation, except for a name plate that is maximum one square foot in area that may indicate the occupant's name and type of occupation.
      (9)   The business activity shall not constitute a fire hazard endangering the site of the home occupation and adjoining property sites. There shall be no storage of hazardous, combustible or flammable matter, accumulation of rubbish or waste paper, and storage of cartons and/or boxes situated in a manner that would endanger life or property in case of an actual fire.
      (10)   The business activity shall not cause an increase in the use of any public utility (water, sewer, electric, sanitation, etc.) in such a manner that the use of the utility for the residence and home occupation exceeds the average use for residences in the neighborhood of the proposed use.
      (11)   There shall not be regular selling of goods or service, deliveries, and/or other activities which result in the number of automobiles or trucks attracted to the premises being greater than that which is normally associated with residential uses, including normal fluctuations in the level of residential activities.
   (i)   Outdoor lighting. 
      (1)   Purpose. The regulations established in this division are designed and intended to prevent excessive spillover of light and glare from the zoning lot on which the light source is located. The standards contained in this division are deemed to be the minimum standards necessary to prevent nuisance and adverse impacts on the public health, safety, and welfare.
      (2)   Outdoor lighting for single-family dwellings in Residential and Residential Office Districts. Where lamp posts and similar lighting fixtures which are for the purpose of illuminating walks and drives are used in conjunction with single-family dwellings within the Residential District, the light may not exceed 0.5 footcandle at all property lines, with the exception of such lights that may occur at driveway entrances, in which case they must not exceed 0.5 footcandle at the street right-of-way line;
      (3)   Outdoor lighting in all Non-Residential Districts or for Non-Residential uses within the Residential District.
         A.   Applicability. All exterior lighting in non-residential districts and in conjunction with non-residential uses occurring in the Residential District, except street lighting and other village-owned lighting, shall comply with the following standards.
         B.   Conditional use. Any outdoor lighting to which this section applies that cannot meet the minimum requirements of this section, must obtain a conditional use permit pursuant to Chapter 1280.
         C.   All outdoor lighting shall be designed and located such that the maximum illumination measured in footcandles at the property line shall not exceed 1.0.
         D.   All outdoor lighting for non-residential uses shall be located, screened, or shielded so that adjacent residential uses are not directly illuminated.
         E.   No outdoor lighting shall be of such an intensity or brilliance as to cause glare or to impair the vision of drivers.
         F.   The following factors shall be considered in the evaluation of lighting plans:
            1.   Pole height;
            2.   Type of luminaire;
            3.   Site coverage - average maintained;
            4.   Uniformity;
            5.   Intensity at property line.
(Ord. 2012-20, passed 4-17-2012)