A.   Number Of Buildings On A Lot: Except in the case of a planned development, not more than one principal detached single-family residential building shall be located on a residential lot, nor shall a principal detached single-family residential building be located on the same zoning lot with any other principal building.

   B.   Division Of Lots: No lot shall hereafter be divided into two (2) or more lots for the purpose of transfer of ownership, unless all lots resulting from each such division shall conform with all the applicable regulations required by this Title.

   C.   Through Lots: On vacant through lots the front lot lines shall be along the street right of way designated by the Building Commissioner except that when a front lot line has been established on one or more lots in the same block and all have front lot lines established along the same street right-of-way line, the street right-of-way line designated as the front lot line for such lot or lots shall be the front line on all vacant through lots in such block. Only such obstructions as herein permitted in front yards shall be located in that part of a rear yard adjoining a street that is equivalent in depth to a required front yard, except for lots backing to thoroughfares in subdivisions where no-access strips have been provided on the recorded plats.

   D.   Corner Lots: On a corner lot, the front lot line shall be the lot line having the shortest dimension along the street right-of- way line. The required front yard setback on corner lots shall apply to each side of the lot facing a street.

   E.   Two Uses On A Lot: Where two (2) or more permitted or special uses, each requiring a minimum lot area, are provided in the same building or on the same lot, the required lot area shall be the sum of the areas required for each use individually.

   F.   Lots Without Street Frontage: Every structure or group of structures, and every use or group of uses, shall be located upon a lot. Where unique land planning designs are employed in a subdivision or planned development to conserve the natural character of the land or to create a functional or compatible arrangement of structures or uses, a lot which does not abut upon a public or private street may be permitted provided that:

      1.   Adequate provision is made for free access to the lot for the property owner, or in the case of a nonresidential lot, for these persons who would normally require access to the lot.

      2.   Adequate provision is made for the unobstructed access of firefighting services, police protection, mail carrier letter service, rubbish collection and other governmental services.

      3.   Adequate provision is made for the extension and maintenance of public and private utility services.

      4.   The arrangement will not contribute toward congestion in nearby streets as a result of delivery services, lack of guest parking or other reasons.

      5.   The character of proposed structures and landscaping are of a quality which will minimize maintenance. (Ord., 4-7-1970)

The following general provisions dealing with open spaces, lot coverage, yards, setbacks, vision clearance, and permitted obstructions are provided for herewith:

   A.   Maintenance of Open Spaces: The maintenance of yards, courts and other open spaces and minimum lot area legally required for a building shall be a continuing obligation of the owner of such building or of the property on which it is located, as long as the building is in existence. Furthermore, not legally required yards, courts or 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, court, other open space or minimum lot area requirements for any other building.

   B.   Location of Open Spaces: All yards, courts and other open space allocated to a building or group of buildings shall be located on the same zoning lots as such building or group of buildings.

   C.   Yards for Existing Buildings: No yards now or hereafter provided for a building existing on the effective date hereof shall subsequently be reduced below if already less than, the minimum yard requirements of this Title for equivalent new construction. However, a yard adjoining a street may be reduced to provide right of way for a street widening.

   D.   Required Setbacks: Minimum setbacks on lots abutting a street or thoroughfare shall be the distance required for a front yard, or side yard, adjoining a street, in the districts where such lots are located, measured from the existing right-of-way line as designated on the official map, and as duly established by other ordinances or as established by County or State highway authorities, whichever has the greater right-of-way width requirements.

   E.   Exceptions for Established Setbacks:

      1.   Where fifty percent (50%) or more of the frontage on one side of a street between two (2) intersecting streets is developed with buildings that have observed (within a variation of 5 feet or less) a front yard greater in depth than required herein, new buildings shall not be erected closer to the street than the average front yard so established by the existing buildings.

      2.   Where fifty percent (50%) or more of the frontage on one side of a street between two (2) intersecting streets is developed with buildings that have not observed a front yard as herein required, then:

         a.   Interior Lots:

            (1)   Where a building is to be erected within one hundred feet (100') of existing buildings on both sides, the minimum front yard shall be a line drawn between the closest front corners of the two (2) existing buildings.

            (2)   Where a building is to be erected within one hundred feet (100') of an existing building on one side only, it may be erected as close to the street as the existing building.

         b.   Corner Lots: The depth of the setback lines shall be as normally required in the district where the lot is located.

   F.   Vision Clearance; Corner Lots: On corner lots no structures or plant materials shall obstruct a clear path of motor vehicle drivers' vision of approaching vehicles within twenty five feet (25') of the street intersections.

In any business district the distance may be reduced to ten feet (10') and shall not apply to that part of a building above the first floor.

   G.   Permitted Obstructions in Required Yards: No obstruction shall be permitted in any required yard except as follows:

      1.   In All Yards:

         a.   Open terraces not over four feet (4') above the average level of the adjoining ground, but not including permanently roofed over terrace or porch.

         b.   Awnings and canopies, but not projecting more than ten feet (10'), and at least seven feet (7') above the average level of the adjoining ground.

         c.   Steps, four feet (4') or less above grade, which are necessary for access to a permitted building or for access to a zoning lot from a street or alley.

         d.   Chimneys projecting eighteen inches (18") or less than into the yard.

         e.   Arbors, trellises, flag poles, fountains, sculptures, plant boxes and other similar ornamental objects.

         f.   Fences and walls, as follows:

            i.   In front yards: no fence or wall located in a front yard may exceed three feet (3') in height above natural grade level, except that a fence located in a yard bordering the side wall of a residential dwelling may be constructed in excess of three feet (3') but not to exceed five feet (5') so long as said fence is open-style and visibility at right angles to any surface of such fence not be reduced by more than forty percent (40%).

            ii.   In rear and side yards: no fence or wall located in any rear or side yard may exceed six feet (6') in height.

            iii.   No fence or wall, or part thereof, may be located less than twenty feet (20') from any part of the pavement of any public or private road on which the applicable speed limit is thirty-five miles per hour (35 mph) or greater.

      2.   In Front Yards: One-story bay windows projecting three feet (3') or less into the yards; and overhanging eaves and gutters projecting three feet (3') or less into the yard.

      3.   In Rear Yards: Enclosed, attached or detached off-street parking spaces, accessory shed, tool rooms and similar buildings or structures for domestic or agricultural storage; balconies, breezeways and open porches, one- story bay windows projecting three feet (3') or less into the yard; overhanging eaves and gutters projecting three feet (3') or less into the yard. In any residential district, no accessory buildings shall be nearer than five feet (5') to the rear lot line, nor nearer than ten feet (10') to any principal building unattached.

      4.   In Side Yards: Overhanging eaves and gutters projecting into the yard for a distance not exceeding forty percent (40%) of the required yard width, but in no case exceeding two feet (2'). (Ord., 4-7-1970; amd. Ord. 1376-21, 12-7-2021)

The following requirements qualify or supplement, as the case may be, the district regulations appearing elsewhere in this Title.

   A.   Public, semi-public hospitals, institutions, schools or public utility and service buildings, when permitted in a district, may be erected to a height not exceeding sixty feet (60'), provided said specified buildings shall be set back from the front, rear and side lot lines on the ratio of two feet (2') for every one foot (1') of building height greater than forty feet (40'); provided, however, that said specified requirements shall apply to setbacks and for rear and side yards specifically set forth in this Title.

   B.   Chimneys, parapet walls, skylights, steeples, flag poles, smokestacks, cooling towers, elevator bulkheads, fire towers, monuments, water towers, stacks, stage towers or scenery lofts, tanks, ornamental towers and spires, wireless towers, necessary mechanical appurtenances, may be erected above the height limits herein prescribed.

   C.   Planned unit developments may exceed the height limits established for the district in which the structure is located. (Ord., 4-7-1970)

Accessory buildings and uses are allowed in the various districts as prescribed in each district and shall be compatible with the principal use.

   A.   Location: When a side yard is required, no part of an accessory building shall be located closer than five feet (5') to the side lot line along such side yard. When a rear yard is required, no part of an accessory building shall be located closer than five feet (5') to the rear lot line or to those portions of the side lot lines abutting such required rear yard. In a residential district, no detached accessory building shall be closer than ten feet (10') to the principal building and each foot over twenty feet (20') in length that the wall of an accessory structure parallels and is next to the principal structure, the required distance between the structures shall be increased by an additional foot.

   B.   Time Of Construction: No accessory building or structure shall be constructed on any lot prior to the start of construction of the principal building to which it is accessory.

   C.   Rear Yard: No accessory building or buildings shall occupy more than forty percent (40%) of the area of a required rear yard.

   D.   Height In Rear Yards: No accessory building or portion thereof located in a required rear yard shall exceed fifteen feet (15') in height.

   E.   Reversed Corner Lots: On a reversed corner lot in a residential district, no accessory building or portion thereof located in a required rear yard shall be closer to the side lot line abutting the street than the required front yard on the adjacent lot to the rear. Further, in the above instance, no such accessory building shall be located within five feet (5') of any part of a rear lot line which coincides with a side lot line or portion thereof of property in a residential district.

   F.   Swimming Pool: Noncommercial swimming pools in residence districts shall have a safety fence surrounding the pool. (Ord., 4-7-1970)

   G.   Cargo Containers:

      1.   The storage and use of cargo containers are a prohibited use in all agricultural districts.

      2.   The storage and use of cargo containers are a prohibited use in all residential districts.

      3.   The storage and use of cargo containers may be permitted as a special use in the C-2 (community shopping district) and the C-3 (general commercial district), but are a prohibited use in all other commercial districts.

      4.   The storage and use of cargo containers are a prohibited use in the I-1 office, research and light industrial district.

      5.   The storage and use of cargo containers are a prohibited use in the I-2 light industrial district.

      6.   The storage and use of cargo containers are a permitted use in the I-3 heavy industrial district, subject to the following conditions:

         a.   Cargo containers may only be stored on the same site and in conjunction with an intermodal facility or a manufacturing facility.

         b.   Cargo containers may only be stored on a parcel of property that is no less than twenty (20) acres in size.

         c.   The area for storage of cargo containers shall be limited to less than thirty percent (30%) of the buildable area of the site.

         d.   Cargo containers shall not be stacked greater than three (3) containers in height.

         e.   Cargo containers shall be stored on a paved surface.

         f.   Screening shall be provided with a minimum width of one hundred feet (100') around the entire perimeter of any facility with cargo container storage. Screening shall be a combination of fencing, berming, natural vegetation and landscaping. A berm shall contain a three to one (3:1) slope and a minimum height of fifteen feet (15').

         g.   Cargo containers shall not be used as accessory structures for the purpose of the storage of materials.

      7.   Licensed and bonded contractors may use cargo containers in any zoning district for temporary storage of equipment and/or materials at a construction site during construction that is authorized by a village building permit for a period of up to one year. A licensed or bonded contractor may reapply for a permit after the one year period. A permit is valid until ninety percent (90%) of the building permits have been issued for a development. The area containing the cargo containers must be kept in a neat and orderly fashion.

   H.   Temporary Portable Storage Units: Temporary portable storage units delivered to and picked up from a site on a temporary basis by a storage company such as, but not limited to, PODS, are allowed in all zoning districts subject to the following conditions:

      1.   Temporary portable storage units shall not be placed on village owned property or public right of way.

      2.   In residential zoning districts, temporary portable storage units shall only be placed on driveways.

      3.   No more than one temporary portable storage unit may be placed on any individual property at any one time.

      4.   Temporary portable storage units shall not be allowed for periods greater than seventy two (72) hours.

      5.   Temporary portable storage units may be placed on a specific lot on not more than three (3) occasions in any one year period.

(Ord. 929, 11-21-2006; amd. Ord. 1468-24, 8-6-2024)

The provisions of this title shall not be exercised so as to impose regulations or require permits with respect to land used or to be used for agricultural purposes; or with respect to the erection, maintenance, repair, alteration, remodeling or extension of buildings or structures used or to be used for agricultural purposes upon such land, except that such buildings or structures for agricultural purposes shall conform to buildings or setback lines. In the event that the land ceases to be used solely for agricultural purposes, then and only then shall the provisions of this title apply. (Ord., 4-7-1970)

In order to protect watershed areas subject to periodic flooding or other hazards resulting from interruption of flood flow, spreading or overflow of streams or channels, certain areas may be established as floodplain reservation areas, and be so designated upon the zoning district map. No building or portion thereof which is designed for living purposes as a dwelling, school, hospital, institution or home for the treatment of convalescent persons, children, aged persons or for any combination thereof shall be built and no existing building may be altered so as to be used in whole or in part for any one or more of such uses where the land to be covered by such building or portion thereof is unfit for human habitation. (Ord., 4-7-1970)

At the expense of the developer, all roads, driveways, sidewalks, parking lots and other common areas and facilities in unsubdivided and other developments shall be sufficiently illuminated to ensure the security of property and the safety of persons using such roads, driveways, sidewalks, parking lots and other common areas and facilities. Without limiting the generality of the foregoing standards, the following minimum standards shall apply:

   A.   For residential uses, lights shall be installed in parking areas containing five (5) or more parking spaces and shall be illuminated between dusk and dawn. For nonresidential uses, lights shall be installed in all parking areas containing five (5) or more parking spaces and shall be illuminated between dusk and dawn, whenever said premises are open for operation. "Open for operation" shall be construed to mean any time that a retail business is open for the sale of goods or services or a retail, office or industrial facility actually has employees working within or upon said premises, other than guards or watchmen. Lights shall not be more than fifteen feet (15') in height in residential zoning districts, and not more than thirty feet (30') in height in other zoning districts.

   B.   Where lighted areas are required, lighting shall be provided as follows:

 

 

*Average ground level foot-candles.

   C.   Average foot-candles at property line shall not exceed 0.5 foot-candles as measured at the property line.

   D.   All lighting shall be constructed, positioned and maintained in such a way so as not to reflect light either directly or indirectly onto adjacent properties. (Ord. 700, 7-6-1999)

   A.   Screening Of Mechanical Equipment: All rooftop building service equipment must be screened from view from the grade level of any street, parking lot, or from other properties within the district. All mechanical equipment shall be screened or colored to blend in with the field color of the building. Rooftop equipment may be permitted without screening if it is of a low profile design, in a location on the roof which is not visible from adjoining properties, and is of a color which blends with the building color.

   B.   Screening Of Trash Enclosures: All trash enclosure areas and containers shall be fully screened from streets and adjacent properties with a six foot (6') high sight obscuring fence, wall or landscaped area placed around said facility. All trash enclosures must be placed on a concrete pad sufficient to support said enclosure to the satisfaction of the zoning administrator.

   C.   Sidewalks: Sidewalks shall be constructed for all nonresidential uses which require the use of off street parking facilities. Such construction shall include, but not be limited to, connections between all parking lots, principal structures and adjacent rights of way. Sidewalks shall be five feet (5') in width.

   D.   Screening Of Outdoor Storage: All permanent outdoor storage areas of goods, products, materials, supplies, machinery equipment or overnight parking of commercial vehicles shall not be allowed in the front yard. Where permitted, permanent outdoor storage areas of goods, products, materials, supplies, machinery equipment or overnight parking of commercial vehicles shall be enclosed to a height of eight feet (8') above grade and screened to an opacity of not less than seventy five percent (75%).

These requirements can be achieved by using any one or a combination of the following methods:

      1.   The storage area can be screened with trees having a leafy structure or with fences having structural components through which only twenty five percent (25%) of the image is visible.

      2.   Fences, berms and/or landscaping can be installed to a height where only twenty five percent (25%) of the image is visible.

      3.   Fences, berms and/or landscaping can be installed having a width or design where only twenty five percent (25%) of the remaining horizontal image is visible. (Ord. 700, 7-6-1999)