(a)

Height. The district height limitations stipulated elsewhere in this chapter may be exceeded, but such modification shall be in accordance with the following:

(1)

Architectural projections, such as spires, belfries, parapet walls, cupolas, dooms, flues and chimneys, are exempt from the height limitations of this chapter.

(2)

Special structures, such as elevator penthouses, gas tanks, grain elevators, scenery lofts, radio and television receiving antennas, manufacturing equipment and necessary mechanical appurtenances, cooling towers, fire towers, substations, smoke stacks and flag poles are exempt from the height limitations of this chapter.

(3)

Essential services, utilities, water towers, electric power and communication transmission lines are exempt from the height limitations of this chapter.

(4)

Communication structures, such as radio and television transmission and relay towers, aerials and observation towers, shall not exceed in height three times their distance from the nearest lot line.

(5)

Agricultural structures, such as barns, silos, and windmills, shall not exceed in height twice their distance from the nearest lot line.

(6)

Public or semi-public facilities, such as schools, churches, hospitals, monuments, sanitariums, libraries, governmental offices and stations, may be erected to a height of 60 feet, provided all required yards are increased not less than one foot for each one foot the structure exceeds the district's maximum height requirement.

(b)

Yards. The yard requirements stipulated elsewhere in this chapter may be modified as follows:

(1)

Uncovered stairs. Landings and fire escapes may project into any yard but not to exceed six feet and not closer than three feet to any lot line.

(2)

Architectural projections. Architectural projections, such as chimneys, flues, sills, eaves, belt courses and ornaments may project into any required yard; but such projection shall not exceed two feet.

(3)

Residential fences and hedges. Residential fences and hedges shall be located a minimum of two feet from any property line.

a.

Fences and hedges shall not exceed a height of four feet from the ground to the top, in the front yard. Corner lots have two front yards per Chapter 130 of the Municipal Code. Fences shall not exceed a height of six feet in side and rear yards, measured from the ground to the top. Hedges shall be trimmed to maintain the two-foot setback and shall comply with section 135-133(a).

b.

Permanent fencing shall require a building permit and inspection by the building inspector and meet the requirements set forth.

c.

The finished side of the fence will face out from the lot that is being fenced.

d.

Cyclone fences must include a top rail for support.

e.

Fences shall be constructed of wood, stone, or metal intended to prevent ingress or egress. A fence is a barrier intended to prevent intrusion or to mark a boundary; such a barrier is constructed of posts and boards or rails, or posts and chain link. No fence shall be constructed of unsightly or dangerous materials, which could constitute a nuisance.

f.

Allowable fences: Split rail, dog-eared, dog-eared shadow box, wrought iron, picket, chain link, slats, vinyl, and aluminum, or any other design approved by the village administrator or their designee.

g.

Prohibited fences: No fence shall be constructed in a dangerous condition, designed to electrically shock, or which uses barbed wire.

h.

All fences shall be maintained and kept safe and in a state of good repair.

i.

Temporary fences: Fences erected to warn of construction hazard, or for similar purposes, shall be clearly visible and marked with colored streamers or other such warning devices at four-foot intervals. Such fences shall comply with the setback requirements set forth in this section. The issuance of a permit shall not be necessary for temporary fences as described herein, but said fences shall not be erected for more than 45 days unless requested, in writing, and approved by the director of public works, except for seasonal snow fencing that is permitted for more than 45 days during the winter months.

(4)

Commercial and industrial fences and hedges. Commercial and Industrial fences and hedges shall be located a minimum of two feet from any property line.

a.

Fences and hedges shall not exceed a height of ten feet from the ground to the top. Hedges shall be trimmed to maintain the two-foot setback and shall comply with section 135-133(a).

b.

Permanent fencing shall require a building permit and inspection by the building inspector and meet the requirements set forth.

c.

The finished side of the fence will face out from the lot that is being fenced.

d.

Cyclone fences must include a top rail for support.

e.

Fences shall be constructed of wood, stone, or metal intended to prevent ingress or egress. A fence is a barrier intended to prevent intrusion or to mark a boundary; such a barrier is constructed of posts and boards or rails, or posts and chain link. No fence shall be constructed of unsightly or dangerous materials, which could constitute a nuisance.

f.

Allowable fences. split rail, dog-eared, dog-eared shadow box, wrought iron, picket, chain link, slats, vinyl, and aluminum, or any other design approved by the village administrator or their designee.

g.

Prohibited fences. No fence shall be constructed in a dangerous condition, designed to electrically shock, or which uses barbed wire; provided, however, that barbed wire may be used in industrially zoned areas if the devices securing the barbed wire to the fence are ten feet above the ground.

h.

All fences shall be maintained and kept safe and in a state of good repair.

i.

Temporary fences. Fences erected to warn of construction hazard, or for similar purposes, shall be clearly visible and marked with colored streamers or other such warning devices at four-foot intervals. Such fences shall comply with the setback requirements set forth in this section. The issuance of a permit shall not be necessary for temporary fences as described herein but said fences shall not be erected for more than 45 days unless requested, in writing, and approved by the director of public works, except for seasonal snow fencing that is permitted for more than 45 days during the winter months.

(5)

Accessory uses and structures; types.

a.

Principal use to be present. An accessory use or structure in any zoning district shall not be established prior to the principal use or structure being present or under construction. Any accessory use or structure shall conform to the applicable regulations of the district in which it is located, except as specifically otherwise provided.

b.

Accessory uses and detached accessory structures are permitted in the rear yard only; they shall not be closer than ten feet to the principal structure, they shall not exceed 15 feet in height, shall not occupy more than 30 percent of the rear yard area and shall not be closer than six feet to any lot line.

c.

All accessory uses and structures and types require a permit issued by the zoning administrator.

d.

Temporary uses. Temporary uses, such as real estate field offices or shelters for materials and equipment being used in the construction of the permanent structure, may be permitted by the zoning administrator.

e.

Accessory storage container is:

1.

A building originally constructed for the use as an accessory building for the storage of material and equipment accessory to a primary use located on the property.

2.

For purposes of this chapter, cargo containers, railroad cars, truck vans, converted mobile homes, trailers, recreational vehicles, bus bodies, vehicles, and similar prefabricated items and structures originally built for purposes other than the storage of goods and materials are not accessory storage units.

3.

Cargo containers include standardized vessels that were originally designed for or used in the parking, shipping, movement, or transportation of freight, articles, goods, or commodities and/or originally designed for or capable of being mounted or moved by rail, truck or ship by means of being mounted on a chassis or similar transport device. This definition includes the terms "transport containers" and "portable site storage containers" having a similar appearance to and similar characteristics of cargo containers. Articles listed in (5)e.2 above that are converted for storage are considered cargo containers for purposes of this chapter.

f.

Only accessory storage buildings defined in (d)(1) above shall be permitted as an accessory storage container on property in any residential zone of the village, or on any property within the village the primary use of which is residential. Cargo containers, railroad cars, truck vans, converted mobile homes, trailers, recreational vehicles, bus bodies, vehicles, and similar prefabricated items and structures originally built for purposes other than the storage of goods and materials are prohibited from being used as accessory storage building on property zoned residential.

g.

Temporary placement of dumpsters and/or cargo containers on properties for the limited purpose loading and unloading contents shall be permitted for a period of time not exceeding 30 consecutive days in any one calendar year without approval for a limited extension from the village's administrator.

h.

Contractors may use cargo containers for the temporary location of an office, equipment and/or materials storage structure during the construction which is taking place on the property where the cargo container is located in any non-residential zone.

i.

As a condition of placement, cargo container sites shall be required to meet all zoning requirements.

j.

Material stored within cargo containers are subject to review by the fire chief. He/she shall conduct such investigation or inspection and make such recommendations that he/she consider necessary.

k.

Cargo containers as accessory storage is limited to the following conditions:

1.

Prohibited in residential zone.

2.

Shall not be stacked above the height of a single container device.

3.

Shall not be used for advertising.

4.

Shall be properly maintained as to not be a nuisance and aesthetically match the primary structure of the property.

5.

Shall meet the setback requirements as provided in section (5)(b) and property green space requirements per subsection 135-184(7).

6.

Shall not be rented or sublet for any purpose.

7.

Conditional use permit required and granted by village board prior to placement on the property.

i.

Owner shall apply for a conditional use permit by January 1 ^st of each year for renewal.

ii.

Conditional use permit fee shall be prorated for new containers placed on the property.

iii.

Conditional use permit fee schedule is as follows:

8.

Legacy clause—Fee. Properties with shipping containers existing on the property as of December 11 ^th , 2024, shall be "grandfathered"/exempt from subsection 7 of this Code. The list of the exempt properties and inventory of shipping containers on said properties will be kept in the clerk's office and reviewed annually. If the number of shipping containers or use changes, then the property will no longer be exempt, and subsection 7 shall apply.

9.

Legacy clause—Use. Properties with shipping containers existing on the property as of December 11 ^th , 2024, shall be "grandfathered"/exempt from subsections 6 and 7, so long as the primary use of said shipping container(s) is rented/sublet prior to December 11 ^th , 2024. The list of exempt properties and inventory of shipping containers on said properties will be kept in the clerk's office and reviewed annually. If the number of containers or use changes, then the property will no longer be exempt, and subsections 6 and 7 shall apply.

(6)

Exempt from yard and distance requirements. Essential services, utility, electric power and communication transmission lines are exempt from the yard and distance requirements of this chapter.

(7)

Green space required. Green space will include grass, trees, shrubs, flowers, gardens, decorative bark and decorative stone. Area requirements will be based on the size of the lot or building parcel beginning at the curb or roadside. All property shall have green space between the street and the sidewalk (the terrace). There shall also be a strip of green space, a minimum of 15 feet wide, along the inside of the public sidewalk opposite the terrace. The terrace area will not be included in determining if the total green space requirement has been met.

a.

Lots in R-1 and R-2 Residential Districts for single-family homes shall have a minimum of 60 percent green space.

b.

Lots in R-1, R-2 and R-3 Residential Districts for duplexes or multifamily dwellings shall have a minimum of 25 percent green space.

c.

Commercial, industrial and business park property (C-1, C-2, I and BP) shall have a minimum of 15 percent green space.

(c)

Swimming pools.

(1)

Permit required. No swimming pools shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted or structurally altered without a building permit and without being in conformity with the provisions of this chapter.

(2)

Fencing required. Every person who owns, operates, uses, has custody or control of, or has the right to use any swimming pool located in the village shall erect and maintain a fence or barriers around such swimming pool to prevent children from falling into such swimming pool subject to the following specifications:

a.

Permanent pools shall be completely isolated from adjoining properties by a 50-inch-high fence which must be constructed and maintained in good state of repair and appearance;

b.

Aboveground pools must have pool side walls or fencing completely surrounding it or a combination thereof which total a minimum of 40 inches in height above grade;

c.

Portable pools over one foot in depth must be drained, fenced, or covered in such a manner as to provide public safety after each day's use.

(3)

Location and yard requirements.

a.

No swimming pool shall be erected to the front or side of the residence of the owner or occupant of the premises connected therewith unless side yard requirements as described in section this chapter can still be met in the area between the pool and property line;

b.

No swimming pool shall be constructed on property which would make them incapable of conforming to present requirements in this subsection (c).

(4)

Satellite antennas.

a.

Permit required. Permit required for antennas larger than two feet in diameter. No satellite antenna shall be located, erected, moved, etc.

b.

Location. No satellite antenna shall be erected to the front or sides of a residence of the owner or occupant of the premises. No satellite antenna shall be placed closer than 12 feet to the nearest lot line.

c.

Connection, electrical lines. All electrical lines, cables and conduits running to or from any satellite antenna must be buried. The location of all underground lines, cables, and conduits shall be shown on the application for permit.

d.

Wind pressure. Each satellite antenna shall be securely anchored to withstand a maximum wind pressure anticipated, taking into consideration the size, shape and weight of all its components.

e.

Height. No satellite antenna, greater than two feet in diameter, shall be at a height greater than 12 feet above ground.

(Code 1999, § 18.40; Ord. No. 360, 7-10-2024; Ord. No. 364, 12-11-2024)