The minimum total livable floor area for dwellings shall be:

   (A)   1,600 square feet in an RE-1 Residential Estate District.

   (B)   1,400 square feet in an R-1 Residential District.

   (C)   1,200 square feet in an R-2 Single Family Residential District.

   (D)   1,000 square feet in an R-3 Single Family/Two Family Residential District.

   (E)   800 square feet per unit in an R-4 Two-Family/Multi-Family Residential District.

('80 Code, § 152.170) (Ord. 94-14, passed 7-5-94; Am. Ord. 95-18, passed 9-19-95) Penalty, see § 152.999

   Except as permitted by other provisions of this zoning code, no lot or parcel shall contain any building used in whole or in part unless the front lot line of such lot abuts fully on a publicly-dedicated street. Each lot shall meet the frontage requirements of the zoning district in which it is located.

('80 Code, § 152.171) (Ord. 94-14, passed 7-5-94) Penalty, see § 152.999

   In any district on any corner lot, no fence or planting shall be erected or maintained within 20 feet of the right-of-way line if it interferes with traffic visibility across the corner.

('80 Code, § 152.172) (Ord. 94-14, passed 7-5-94) Penalty, see § 152.999

   There shall be not more than one principal building for each lot. Development requests regarding more than one principal building for each lot shall require approval under an appropriate planned development district.

('80 Code, § 152.174) (Ord. 94-14, passed 7-5-94) Penalty, see § 152.999

   Chimneys, domes, spires, belfries, cupolas, antennas, water tanks, ventilators, or other similar necessary mechanical appurtenances usually required to be placed above the roof level and not intended for human occupancy may exceed the maximum height requirement for the zoning district in which the property is located, subject to the following provisions:

   (A)   Maximum height permitted. The maximum height of such structure shall not exceed 40 feet in total height within any residential zoning district and shall not exceed 90 feet in total height within any other type of zoning district. Any greater overall height than those stated above shall be considered a conditional use and shall require approval by the Board of Zoning Appeals after public hearing.

   (B)   Required setback from residential lots. Structures and/or appurtenances granted an exception shall be set back a distance equal to or greater than its height from any boundary of a residential lot within a residential zoning district.

   (C)   Aircraft hazard prohibited. Structures and/or appurtenances shall not be granted an exception to the maximum height regulations where it is determined that a hazard will be created for the safe landing and takeoff of aircraft at an established airport or landing strip, as determined by applicable federal, state, and local agencies.

('80 Code, § 152.175) (Ord. 94-14, passed 7-5-94) Penalty, see § 152.999

   In any district where plumbing facilities will not be connected to public sewer and water, each lot shall contain a minimum area of 40,000 square feet and shall have at least 150 feet of lot frontage along a public street or road.

('80 Code, § 152.176) (Ord. 94-14, passed 7-5-94) Penalty, see § 152.999

   (A)   The area of a corner lot shall be 20% greater than the minimum area required for an interior lot.

   (B)   When the principal building is located with its greatest depth on the long side of a corner lot, the required rear yard may be reduced to a minimum of 20% of the average lot depth; but in no case shall the shortest distance, measured horizontally between any part of a building and the rear lot line, be less than 20 feet.

   (C)   On all corner lots, the principal building shall be set back a minimum of 25 feet on each street from the established right-of-way line as shown on the official thoroughfare plan for the village.

('80 Code, § 152.177) (Ord. 94-14, passed 7-5-94) Penalty, see § 152.999

   Buildings on lots having frontage on two or more nonintersecting streets need not have a rear yard if an equivalent open space is provided on the lot in lieu of the required rear yard; applicable front yards must be provided, however, on both streets.

('80 Code, § 152.178) (Ord. 94-14, passed 7-5-94) Penalty, see § 152.999

   (A)   In any zoning district, where the average depth of at least two existing front yards on lots within 100 feet of the lot in question and within the same block front is less or greater than the least front yard depth prescribed elsewhere in this zoning code, the required depth of the front yard on such lot shall be modified. In such case, this shall not be less than the average depth of said existing front yards, or the average depth of existing front yards of the two lots immediately adjoining, or, in the case of a corner lot, the depth of the front yard on the lot immediately adjoining. However, the depth of a front yard on any lot shall be at least ten feet including all projections but shall not be required to be more than 50 feet.

   (B)   In any zoning district where the natural grade of a lot within the required front yard has an average slope, such slope being normal to the front lot line at every point along the line, of such a degree of percent of slope that it is not practicable to provide a driveway with a grade of 12% or less to a private garage conforming to the requirements of this zoning code, the garage may be located within the front yard, but not in any case closer than ten feet to the street lines.

('80 Code, § 152.179) (Ord. 94-14, passed 7-5-94) Penalty, see § 152.999

   Side yard widths may be varied where the side wall of a building is not parallel with the side lot line or is broken or otherwise irregular. In such case the average width of the side yard shall not be less than the otherwise required least width. However, the side yard shall not be narrower at any point than 1/2 the otherwise required least width, or narrower than six feet in any case.

('80 Code, § 152.180) (Ord. 94-14, passed 7-5-94) Penalty, see § 152.999

   Architectural features may project into required yards or into courts as follows:

   (A)   Front or side yards adjoining side streets. Into any required front or side yard adjoining a side street:

      (1)   Cornices, canopies, eaves, or other architectural features may project a distance not to exceed two feet, six inches;

      (2)   Fire escapes may project a distance not to exceed four feet, six inches;

      (3)   An open stair and necessary landing may project a distance not to exceed six feet;

      (4)   A front porch may project into a front yard a distance not to exceed six feet, provided that it is open on three sides, except for railing or banisters; and

      (5)   Bay windows, balconies, or chimneys may project into a yard a distance not to exceed five feet. However, the aggregate width of the projection shall not exceed 1/3 of the length of the wall on which they are located.

   (B)   Side yards. Subject to the limitations in the preceding divisions, the above named features may project into any required side yard adjoining an interior side lot line, a distance not to exceed 1/5 of the required least width of the side yard, but not exceeding three feet in any case.

   (C)   Rear yards. Subject to the limitations in division (A), the features named therein may project into any required rear yards or into any required outer court the same distance they are permitted to project into a front yard.

   (D)   Improvements required by the Americans with Disabilities Act. Decisions of the Board of Zoning Appeals regarding architectural projections required for persons with disabilities that necessitate encroachment into any required front, side, or rear yard shall be based upon the Americans with Disabilities Act (ADA) Accessibility Guidelines for Buildings and Facilities, 36 CFR 1191, as amended.

('80 Code, § 152.181) (Ord. 94-14, passed 7-5-94) Penalty, see § 152.999

      (1)   The intent of these provisions is to outline the regulations for accessory fences, walls and hedges. Such structures provide screening, privacy and security, provide a physical and visual barrier, improve pedestrian and vehicular traffic flow, and enhance aesthetics on private property.

      (2)   The purpose of these regulations is to control the design and installation of fences, protect the general appearance of property within the community, and preserve the health and safety of the general public.

      (1)   No barbed wired or electric fence with the exception of an underground animal containment system is permitted in a residential district.

      (2)   A permit is required prior to the installation of a new fence or fence section, or the relocation of any part of an existing fence located in any side or rear yard.

      (3)   Fences, walls, and hedges shall not impede, inhibit, or obstruct culverts, drains, natural watercourses, or storm water drainage in any zoning district. No fence shall be constructed so as to alter the natural drainage of an existing property.

      (4)   No fill or earthen berm, which results in a change of existing grade in developed or built-up areas of the village, shall be used to accommodate the placement of a fence or wall.

      (5)   All fences shall be installed so that support posts and other support mechanisms face the inside part of the fence and provides at least one easily accessible access point.

      (6)   All fences and walls, and any related supported structures or appurtenances, shall be contained within the lot lines of the applicable lot and shall not encroach into adjoining or abutting lots and/or rights-of-way. Property owners, with written permission from abutting property owners, may connect to fences on adjoining properties.

      (7)   It shall be the duty of each lot owner and contractor, or an agent thereof, to determine lot lines and to ascertain that the fence or wall does not deviate from the plans as approved by the village issuing any applicable certificate or permit, and that the fence or wall does not encroach on another lot or existing easement. The issuance of the certificate or permit, and any inspection by the village, shall not be construed to mean that the village has determined the fence is not encroaching on another lot, nor shall it relieve the property owner of the duty imposed on him or herein.

      (8)   All fence line or property line disputes are civil in nature and are not the responsibility of the village to resolve. When a fence appears to be erected on the property line it is the responsibility of both property owners to maintain the weeds and grass on their side of the fence according to the Property Maintenance Code.

      (9)   Both sides of all fences or walls and the surrounding property, where reasonably accessible, shall be maintained in equally good condition in accordance with the Property Maintenance Code. Materials used to build, maintain, and repair fences shall be similar to the existing material so as not to create a patchwork appearance.

      (10)   Walls shall be prohibited within all utility easements. Fences that are placed in utility easements are subject to removal without notice by utility companies or the village when work is being done in the utility easements. Replacement of the fence shall be at the property owner's expense.

      (11)   If any provision of this section is violated, the Code Enforcement Administrator may order that the fence or wall be removed. No property owner shall fail to remove such fence or wall within ten days of the order.

         (a)   No fences, wall, hedges, or plantings shall be permitted to interfere with visibility to or from a driveway or corner intersection.

         (b)   Decorative front yard fences shall not exceed three feet in height, except for decorative posts which may not exceed 42 inches. Decorative front yard walls, when built of solid masonry or stone materials, shall not exceed two feet in height within the required front yard.

         (c)   Such fence or wall may not be located closer than one foot to the rear edge of the sidewalk; however, no fence or wall shall be constructed within the designated right-of-way.

         (d)   The length of a decorative front yard fence or wall shall not exceed 50% of the property frontage as measured at the public right-of-way. For the purposes of this Code, corner lots shall be considered as having two frontages.

         (e)   A minimum of 50% visibility must be maintained through the decorative fence.

         (f)   In no case, shall chain link, wire or steel mesh, plywood, particle board and other non-traditional fence materials be permitted in the front yard.

         (a)   The side yard is considered the area from the front foundation of the house over to the side property line going towards the rear of the property then back over to the rear foundation of the house. The rear yard is considered that area from the rear wall of the house over to the side property line and then back towards the rear property line.

         (b)   A privacy fence shall not exceed six feet in height.

         (c)   Privacy fences, once erected, shall be maintained and repaired of similar materials.

         (d)   Any fence other than a privacy fence cannot exceed 48 inches in height.

         (e)   Chain link fences with webbing designed to inhibit light, ventilation, or sight through the fence shall not be allowed as privacy fences.

         (f)   Fences on corner lots must be erected a minimum of three feet from the sidewalk or right of way. However, in no instance, shall a fence, wall, hedge or planting interfere with visibility to or from a driveway or corner intersection.

         (g)   Fences in residential districts shall be constructed of metal chain link; vinyl coated chain link; iron; vinyl; naturally durable wood; or treated wood.

         (a)   Fences used in conjunction with tennis courts and back stops for ball fields shall be exempt from the height limitations; however, in no case, shall a tennis court or back stop be more than 12 feet in height.

         (b)   Fences in industrial districts cannot exceed ten feet in height and shall be constructed of metal chain link, vinyl coated chain link or wood.

         (c)   The use of barbed wire for fencing purposes shall only be permitted in the industrial and agricultural districts.

         (d)   Barbed wire is only permitted on fencing eight feet in height or higher.

         (e)   Fences in agricultural areas can be constructed of metal chain link; vinyl coated chain link; poultry, chicken, rabbit or field wire only when sufficiently supported by wood split rail.

('80 Code, § 152.182) (Ord. 94-14, passed 7-5-94; Am. Ord. 95-18, passed 9-19-95; Am. Ord. 2000-18, passed 6-20-00; Am. Ord. 2005-17, passed 1-3-06; Am. Ord. 2021-03, passed 4-20-21) Penalty, see § 152.999

   Any use of land, a structure, or a building which is not specifically mentioned as a permitted principal, permitted accessory or conditional use within any zoning district shall not be permitted by the Zoning Inspector until it is determined by the Board of Zoning Appeals that such use is similar and compatible to uses permitted within such district. In determining if such uses are similar and compatible, the process outlined in § 152.014 for appeals shall be followed.

('80 Code, § 152.183) (Ord. 94-14, passed 7-5-94)

   Any new or altered commercial use which requires site plan review and has an outdoor trash storage area shall comply with the following requirements:

   (A)   Any such area shall be limited to normal refuse which is collected on a regular basis and shall be maintained in a neat, orderly, and sanitary condition.

   (B)   In no instance shall any such refuse be visible above the required enclosure.

   (C)   A decorative masonry wall of six feet in height shall enclose three sides of the storage area. Bollards and/or other protective devices shall be installed at the opening and to the rear of the storage area to prevent damage to the screening walls. The surface under any such storage area shall be constructed of concrete which complies with local building requirements.

   (D)   Any such storage area shall be located in a rear yard and/or be so located and arranged as to minimize its visibility from adjacent streets and uses. An obscuring gate shall be required when the visibility of such storage area, from a public street or adjacent use, is deemed to render an adverse influence. In no instance shall any such area be located in a front yard.

(Ord. 98-39, passed 10-20-98)