Except as hereinafter provided, no building, structure or land shall hereafter be used and no building or part thereof of a structure shall be erected, constructed, reconstructed, occupied, moved, altered or repaired, except in conformity with the regulations herein specified for the class of district in which it is located. (Ord. 1301, 3-15-2004)

Any building, structure or use lawfully existing on the effective date hereof may be continued, except certain nonconforming uses as provided in chapter 19 of this title. Nothing in this title shall prevent the strengthening or restoring to a safe condition any part of any building or structure declared unsafe by the building inspector. (Ord. 1301, 3-15-2004)

Every lot shall have at least twenty feet (20') of frontage which provides reasonable access onto a public right of way dedicated to street purposes. No building in the rear of a principal building on the same lot shall be used as a dwelling. Setbacks for flag lots will be determined by considering only the buildable area of the lot. (Ord. 1301, 3-15-2004; amd. 2011 Code)

   A.   No accessory building or buildings shall be erected in any required court or front yard. When erected in a side yard, the accessory building shall meet the setback requirements of the principal structure. When erected in a rear yard, it or they cumulatively shall not occupy more than thirty percent (30%) of a required rear yard. Accessory structures shall be a distance of 3 feet (3') from side lot lines and a distance of 5 feet (5') rear lot lines unless dictated by easements. Accessory buildings shall not exceed’ fifteen feet (15') in height; and for the purpose of determining the front yard in such case, the rear line of the rear yard required for the principal building shall he considered the front lot line for the building in the rear. Where the natural grade of a lot at the front wall of the principal building is more than eight feet (8') above the average established curb grade in front of the lot, a private garage may be erected within any yard or court, but not within ten feet (10') of any street line; provided, that at least one-half (1/2) of the height of such private garage shall be below the level of the yard or court.

   B.   Any accessory building may be erected as an integral part of the principal building or if at least six feet (6') from the principal building, may be connected to the principal building by a breezeway or similar structure, provided there is compliance with all yard and court requirements of this title for the principal building, unless such accessory building is in a rear yard, in which case, the applicable provisions of subsection A of this section shall apply.

   C.   -Intentionally Left Blank-

   D.   Swimming pools shall be a distance at least 6 feet (6') from all lot lines adjoining lots which are in any R district and at least ten feet (10') from alley lines and 6 feet (6') from any other building or structure on the same lot.

(Ord. 1301, 3-15-2004; amd. Ord. 1785, 7-1-2024)

   A.   No lot, yard, court, parking area or other open space shall be so reduced in area or dimension as to make any such area or dimension less than the minimum requirement. No required open space provided about any building or structure shall be included as part of any open space required for another building or structure.

   B.   The space occupied by a required private garage or parking area shall be considered the same as any required open space provided about a principal building, and such space shall not be reduced or included as any part of any required open space for another building or structure. (Ord. 1301, 3-15-2004)

The following shall not be considered to be obstructions when located in the required yards specified:

   A.   In all yards: Porch awnings and canopies, steps which are necessary for access to a permitted building or for access to a zoning lot from a street or alley; chimneys projecting not more than eighteen inches (18") into the yard; clotheslines; flagpoles; arbors; trellises; closed and open type fences and hedges six feet (6') or less in height; provided, that no such sight obstructions shall be placed or permitted to remain on any corner or reversed corner lot within the triangular area formed by the right of way lines and a line connecting them at points twenty five feet (25') from the intersection of the right of way lines, or in the case of a rounded right of way corner, from the intersection of the right of way lines extended; open fences exceeding six feet (6') in height 1 . (Ord. 1301, 3-15-2004; amd. 2011 Code)

   B.   In front yards: One-story bay windows projecting three feet (3') or less into the yard; and overhanging eaves and gutters projecting three feet (3') or less into the yard; and in the A-1 district, permitted roadside stands.

   C.   In rear yards: Open decks not enclosed; attached or detached off street parking spaces; open off street parking spaces; accessory sheds, toolrooms, and similar buildings or structures for domestic or agricultural storage; balconies; breezeways and open porches; one-story windows projecting three feet (3') or less into the yard; and overhanging eaves and gutters projecting three feet (3') or less into the yard.

   D.   In side yards: Overhanging eaves and gutters projecting into the yard for a distance not exceeding ten percent (10%) of the required yard width but in no case exceeding eighteen inches (18"). (Ord. 1301, 3-15-2004)

The conversion of any building into a dwelling, or the conversion of any dwelling so as to accommodate an increased number of dwelling units or families, shall be permitted only within a district in which a new building for similar occupancy would be permitted under this title, and only when the resulting occupancy will comply with the requirements governing new construction in such a district, with respect to minimum lot size, lot area per dwelling unit, dimensions of yards and other open spaces and off street parking. Each conversion shall be subject to such further requirements as may be specified within the chapter or article applying to such district. (Ord. 1301, 3-15-2004)

A one-story dwelling, or a story and a half, or two-story dwelling shall meet the minimum floor area standards in the adopted edition of the 2009 international building code and be at least nine hundred (900) square feet, with the length being no more than four (4) times the width. (Ord. 1301, 3-15-2004; amd. 2011 Code)

A traffic study shall be required for site developments that are expected to generate large volumes of traffic to and from the site. (Ord. 1301, 3-15-2004; amd. 2011 Code)

Essential services shall be permitted as authorized and regulated by law and other ordinances of the village, it being the intention hereof to exempt such essential services from the application of this title. (Ord. 1301, 3-15-2004)

   A.   General Requirements:

      1.   Height:

         a.   Fences, walls and hedges located in a yard adjacent to a public street of residential and college and university zoned property shall be no more than forty two inches (42") in height, provided the top rail is not between two feet (2') and six feet (6') above the roadway surface or other ground level sight obstructions, and the smooth, finished, nonstructural or dressed side of a fence, if any, shall be directed toward the neighboring properties.

         b.   Fences, walls and hedges shall not exceed six feet (6') in height, except trimmed tree trunks and poles in any side or rear yard, and the smooth, finished, nonstructural or dressed side of the fence, if any, shall be directed toward neighboring properties.

         c.   Fences up to ten feet (10') in height shall be permitted in any I district.

      2.   Location: All fences, walls or hedges may be placed up to the property line, except in cases of a corner lot or reversed corner lot, where they shall not be placed within the triangular area formed by the right of way lines and a line connecting them at a point twenty five feet (25') from the intersection of the right of way lines, or in the case of a rounded corner, from the intersection of the right of way lines extended.

      3.   Refuse Area Fencing: All refuse and/or discard areas for all commercial, industrial and multi-family residential uses shall be screened on a minimum of three (3) sides by a six foot (6') solid or tight board fence. All refuse and/or discard areas for all commercial and industrial uses which do not conform to all applicable provisions of this subsection A3 shall be made to conform within three (3) years from the effective date hereof. The zoning officer or designee shall make the determination, on a case by case basis, if it is an unreasonable hardship to require existing refuse and/or discard areas to be screened.

      4.   Snow Fencing: Snow fencing shall only be used on a temporary basis by public jurisdictions for public safety purposes or in agricultural districts or as a permitted use for temporary festival/event enclosure purposes. (Ord. 1301, 3-15-2004)

      5.   Swimming Pool Fencing: Swimming pool fencing requirements are outlined in section 10-8-9 of this code. (Ord. 1301, 3-15-2004; amd. 2011 Code)

      6.   Fencing In Floodways Prohibited: Fencing shall not be allowed in floodways.

   B.   Barbed Wire And Electric Fences:

      1.   Barbed wire fences shall be permitted only in agricultural or SE-1 suburban estate districts. Upon review, the zoning officer may permit barbed wire fences in an industrial district. The bottom barbed strand shall be a minimum of eight feet (8') above grade.

      2.   Electric fences shall be permitted only in agricultural or SE-1 suburban estates districts and only for the enclosure of livestock. Electric fences shall not carry a charge greater than twenty five (25) milliamperes nor a pulsating current lower than one-tenth (1/10) second in a one second cycle. All electric fence charges shall carry the seal of an approved testing laboratory.

      3.   Barbed wire and electric fences shall be prohibited within five feet (5') of a public sidewalk or within four feet (4') of a street right of way line where a public sidewalk does not exist. In the latter case, however, either fence may be installed or constructed along the right of way line if the property owner agrees to move the fence back the required distance within two (2) months after the installation of a public sidewalk. (Ord. 1301, 3-15-2004)

   A.   Major Home Occupations: Major home occupations are home occupations where customers and employees may come to the home and where the occupation:

      1.   Shall be conducted entirely within a dwelling unit and carried on by the inhabitants thereof and no other.

      2.   Shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes, and the appearance of the structure shall not be altered or the occupation within the residence be conducted in a manner that would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, or signs, or the emission of sounds or vibrations that carry beyond the premises.

      3.   Shall have no more than two hundred (200) square feet of floor area used for the home occupation.

      4.   Shall have no signs present on the property, except for one sign, not exceeding two (2) square feet, and not illuminated.

      5.   Shall not be conducted on the premises, the business of selling stocks of merchandise, supplies or products; provided, that incidental retail sales may be made in connection with other permitted home occupations. For example, a single chair beauty parlor would be allowed to sell combs, hair spray, and other miscellaneous items to customers. However, a dressmaker would be required to do only custom work for specific clients and would not be allowed to develop stocks of dresses for sale to the general public on site.

      6.   Shall have no storage or display of goods visible from outside the structure. (Ord. 1301, 3-15-2004)

      7.   Shall have no highly explosive or combustible material used or stored on the premises unless approved by the building inspector. No activity shall be allowed that would interfere with radio or television reception in the area, nor shall there be any offensive noise, vibration, smoke, dust, odors, heat, or glare noticeable at or beyond the property line. (Ord. 1301, 3-15-2004; amd. 2011 Code)

      8.   Shall have adequate off street parking spaces available to compensate for additional parking needs generated.

      9.   Deliveries from commercial suppliers may be made more than once a week, and the deliveries shall not be made from semitractor trailer-trucks.

      10.   Shall include, but are not necessarily limited to, the following:

         a.   Single chair beauty parlors and barbershops;

         b.   Photo developing and printing;

         c.   Organized classes with up to six (6) students at a time; (Ord. 1301, 3-15-2004)

         d.   Television and other electric or electronic repair, excluding major appliances such as refrigerators; (Ord. 1301, 3-15-2004; amd. 2011 Code)

         e.   Upholstering;

         f.   Dressmaking and millinery; and

         g.   Woodworking, excluding cabinet making.

   B.   Minor Home Occupations: Minor home occupations are home occupations which shall have no customers nor nonresident employees and where the occupation:

      1.   Shall be conducted entirely within a dwelling and carried on by the inhabitants thereof and no other.

      2.   Shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes, and the appearance of the structure shall not be altered or the occupation within the residence be conducted in a manner that would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, or signs, or the emission of sounds or vibrations that carry beyond the premises.

      3.   Shall have no more than two hundred (200) square feet of floor area used for the home occupation.

      4.   Shall have no advertising, display, or other indications of a home occupation on the premises.

      5.   Shall not be conducted on the premises, the business of selling stocks of merchandise, supplies or products; provided, that orders previously made by telephone or at a sales party may be filled on the premises. That is, direct sales of products off display shelves, racks or from inventory is not allowed, but a person may pick up an order placed earlier as described in this subsection B5.

      6.   Shall have no storage or display of goods visible from outside the structure. (Ord. 1301, 3-15-2004)

      7.   Shall have no highly explosive or combustible material used or stored on the premises unless approved by the building inspector. No activity shall be allowed that would interfere with radio or television reception in the area, nor shall there be any offensive noise, vibration, smoke, dust, odors, heat or glare noticeable at or beyond the property line. (Ord. 1301, 3-15-2004; amd. 2011 Code)

      8.   Shall not create greater vehicle or pedestrian traffic than normal for the district in which it is located, including commercial and general delivery services.

      9.   Shall have no use of material or equipment not recognized as being part of the normal practices of owning and maintaining a residence and allowed.

      10.   Notwithstanding any provision contained herein to the contrary, garage, basement, yard or other similar sales shall not be allowed more than twice a year, and each sale shall not last more than seventy two (72) consecutive hours, and the only goods offered for sale are those which have been generated from within the household and not purchased elsewhere for resale. Sales shall be conducted on the owner's property; except, that multiple-family sales are permitted if they are held on the property of one of the participants, and any such sale shall be considered to be a sale for all participants.

      11.   Shall have no deliveries from commercial suppliers made more than once a week, and the deliveries shall not be made from semitractor trailer-trucks.

      12.   Shall include, but are not necessarily limited to, the following:

         a.   Artists and sculptors.

         b.   Authors, desktop publishers and composers.

         c.   Home crafts for sale off site.

         d.   Office facility of clergy.

         e.   Office facility of a salesman, sales representative or manufacturer's representative; provided, that no transactions are made in person on the premises.

         f.   Address of convenience used solely for receiving and making telephone calls including computer usage, mail, keeping business records in connection with a profession or occupation.

         g.   Individual tutoring.

         h.   Preserving and home cooking for sale off site.

         i.   Individual instrument and vocal instruction; provided, that no instrument may be amplified.

         j.   Telephone solicitation work.

         k.   No professional offices in minor home occupations.

         l.   Any other similar uses deemed to be consistent by the zoning officer. (Ord. 1301, 3-15-2004)

Nothing herein contained shall require any change in the overall layout, plans, construction, size or designated use of any development, building, structure or part thereof for which official approvals and required building permits have been granted before the effective date hereof, the construction of which, conforming with such plans, shall have been started prior to the effective date hereof, and completion thereof carried on in a normal manner within the subsequent six (6) month period, and not discontinued until completion, except for reasons beyond the builder's control. (Ord. 1301, 3-15-2004)

Any special use in the various districts shall be accumulative in nature beginning with the most restrictive district. (Ord. 1301, 3-15-2004; amd. Ord. 1523, 9-7-2010)

Every building hereafter erected or structurally altered shall be located on a "lot", as defined in section 11-2-1 of this title, and in no case shall there be more than one principal building on one lot unless otherwise provided in this title. (Ord. 1301, 3-15-2004)

To prevent undue adverse effects upon adjacent areas in an I-1, I-2 or I-3 district from uses, the following will apply: (Ord. 1301, 3-15-2004; amd. 2011 Code)

   A.   Not more than two (2) adult use special uses will be established within one thousand feet (1,000') of each other. (Ord. 1301, 3-15-2004; amd. Ord. 1523, 9-7-2010)

   B.   Adult special uses must not be located closer than one thousand feet (1,000') in any direction to the following zoning districts and land uses: agricultural, suburban estates, residential, ORT or business districts; public or private schools; licensed daycare centers; churches or religious centers; public parks; or designated pedestrian/bicycle paths. (Ord. 1301, 3-15-2004)

   C.   No building in which adult use special uses operate shall display mat photos, live models or drawings on the exterior of said building. Any display of such materials, photos, live models or drawings will be limited to the interior portion of the building which cannot readily be seen from any entrance, exit or exterior window opening. (Ord. 1301, 3-15-2004; amd. Ord. 1523, 9-7-2010)